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HomeMy WebLinkAboutMinutes 03/21/2006 I I e e CALL TO ORDER- REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PRESENTATIONS, CEREMONIAL MATTERS & PROCLAMATIONS: WORK SESSION: LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: PUBLIC COMMENT: 5839 CITY COUNCIL MEETING Port Angeles, Washington March 21, 2006 Mayor Rogers called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Rogers, Deputy Mayor Williams, Councilmembers Braun, Erickson, Headrick, Munro, and Wharton. Members Absent: None. Staff Present: Manager Madsen, Attorney Bloor, C. Hagar, G. Kenworthy, D. McKeen, T. R~'ep~, S. J s, S. berds, ~I and N. West" aM. ~. . . ~ G & G Summer, M. Sear:;'E. ttle, L. Ross, J Halkett, V. & L. Sproat, P. Tietz, R. Veenema, T. Bihn, P. Lamoureux, D. Hudgens, C. Newman, P. Walker, K. Rotmark, J. Jones, D. Holst, J. Ralston, A. Turner, C. Philpott, J. Henderson, R. Casey, V. Embree, M. Jones, R. Jones, S. Zenovic, K. Baymor, and J. Catania. All others present in the audience failed to sign the roster. Public Present: The Pledge of Allegiance to the Flag was led by Councilmember Wharton. Mayor Rogers briefly summarized the agenda noting that, to make the best use of time, the agenda would not be followed in order. She then deferred to Councilmember Headrick, who read into the record a statement regarding his appointment to the vacant City Council position. None. None. There were no late items for the agenda, so Mayor Rogers opened the floor to public comment, asking those present to reserve comment regarding a particular agenda item until the item was presented for discussion. Russ Veenema, Executive Director of the Port Angeles Chamber of Commerce, informed the Council that due to a lack of affordable housing in the community, a Housing Availability Task Force has been formed to raise awareness, research options, learn from other communities, and suggest a course of action. He indicated that City staff member Scott Johns has been a helpful member of the Task Force. Mr. Veenema acknowledged the comment deadline for the Comprehensive Plan was at the end of the month, and he asked that the Council's review and update of the Plan include decisions that allow housing to develop that will fit the needs of expected growth in both the City limits and the UGA. - I - 5840 March 21, 2006 City Council Meeting PUBLIC COMMENT: (Cont'd) ,g~~~&~~I,b - REPORTS: RESOLUTIONS: Support of County's Enactment of 1/10 of 1 % Sales Tax for Expanded Mental Health & Chemical Dependency Treatment in Clallam County Resolution No. 06-06 Pam Tietz, Executive Director of the Clallam County Housing Authority, described the make up of the Task Force, stressing the importance of having available housing for all sectors of income, not just low income people. Ms. Tietz stated the Task Force hoped to devise a method of forming both public and private partnerships to ensure workable solutions to the housing problems. . e Several residents then addressed the Council regarding the appointment of Richard Headrick to fill the vacant position on the City Council. Speaking in opposition to Mr. Headrick's appointment were: Burt Pierce, 115 W. 11 th Street; Alan Turner, owner of Port Book and News, 104 E. First Street; Jessica Wessler, 911 S. Cedar; Tom Bihn, 308 E. 9th Street; Veronica Flake, 3752 Hill Circle; LeRoy Sprout, 615 Thistle Street; Virginia Sprout, 615 Thistle Street; Rev. Lynn Lohr, 1114 E. 4th Street; Karl Baymor, 125 Southridge Road; Ed Tuttle, 3909 Old Time Place; Katherine Schwartzbacker, 3518 McDougal Avenue; Matt Burn, 1122 S. Cedar Street; Jane Vanderhoof, owner of West Wind Farm on Salt Creek; and Ileana Murphy Haggerty, 2905 S. Laurel Street. Speaking in support ofMr. Headrick's appointment were: Lorraine Ross, 940 W. 5th Street, City Councilmember from 1970 to 1977; Doug Holst, 635 Georgiana Street; Jodi Catania, 805 W. 8th Street; and Derrick Konopaski, 1016 Pearce Road. j, .,None. ..,#~ "J.'_.' ,....... 1. Support of County 's Enactment of 1/10 of 1 % Sales Tax for Expanded Mental Health & Chemical Dependency Treatment in C/al/am County: Mayor Rogers invited Ms. Norma Turner to the microphone to provide a summary of the proposed'sales tax increase. Ms. Turner distributed information to the Council which listed the reasons expanded mental health and substance abuse treatment in Clallam County was necessary. She thanked the City Council for this opportunity to speak and noted that the Rand Study stated that the most cost effective way to treat mental health' and substance abuse issues is through treatment rather than j ail time. Our jails are overflowing, and something must be done to lower the pressure on the Emergency Room and law enforcement. Ms. Turner reviewed the information contained in the handout and informed the Council that monies collected through this tax would be local dollars, dispensed locally and according to local needs. She noted that both State and Federal dollars are tightening up, and people who had previously been served by Peninsul~ Mental Health Clinic are now falling between the cracks. Ms. Turner stated that she is fmding that the majority of people she approaches are offering overwhelming support of this additional tax. Mayor Rogers thanked Ms. Turner for her work on this issue and noted that, through her work with the Association of Washington Cities, this subject has been discussed statewide. The adoption of this new tax offers the opportunity to assist those in need and mitigate the impacts on the local police, fire, and hospital. Mayor Rogers also commended Senator Hargrove for his efforts on this issue. Mayor Rogers then opened the floor for comments and discussion. Councilmember Munro asked if there was anything in the legislation to sunset this' tax. Ms. Turner said that anything enacted can be rescinded, but she reminded the Council that any funds collected by this tax can only be used for mental health services. She stated that a recommendation has been made to form an advisory committee, consisting of 19 representatives from the cities, tribes, schools, etc. The charge of the committee is to once a year report on the status of behavioral health services. As time goes by, if e it appears there is no difference being made, the citizens have the right to say the tax is no longer needed. Ms. Turner noted that Jefferson County has already approved the new tax. - 2- 1- RESOLUTIONS: (Cont'd) e Support of County's Enactment of 1/10 of 1 % Sales Tax for Expanded Mental Health & Chemical Dependency Treatment in Clallam County Resolution No. 06-06 (Cont'd) Break RESOLUTIONS: Initiative and Referendum Resolution No. 7-06 e .,' ~ ''''\"::'';..\ ,,-.','7'- j :..::.....1 :it ~. if CITY COUNCIL MEETING March 21,2006 5841 Lorraine Ross, 940 W. Fifth Street, noting the need for improved mental health services in the community, spoke in support of the 1/10 of 1 % tax. Jane Vanderhoof, owner of West Wind Farm on Salt Creek, spoke in support of the tax increase, and encouraged the Council to pass the Resolution. Peter Ripley, 114 E. 6th St., #102, spoke in support of the additional tax and approval of the Resolution. Deb Reed, 1727 E. Woodhaven Lane, a Board Member of the Community Mental Health Center, noted there was a broad base of support for this additional tax and asked the Council to pass the Resolution. Mayor Rogers asked for any other comments, either in favor of or against the proposal. There being none, she read the Resolution by title, entitled RESOLUTION NO. 06-06 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring support for expanded mental health and chemical dependency treatment in Clallam County by imposing an additional 1110 of 1 % sales tax. Councilmember Williams moved to pass the Resolution as read by title. Councilmember Erickson seconded the motion. Following discussion, a vote was taken on the motion, which carried unanimously. Mayor Rogers recessed the meeting for a break at 7:00 p.m. The meeting reconvened at 7:12 p.rn. 2. Initiative and Referendum: Mayor Rogers deferred to Attorney Bloor, who explained there were three possible actions the Council could take, adopt Resolution No.1, adopt Resolution No.3, or adopt no Resolution. Each ofthese actions has potential negative consequences for the . City. He stated his purpose was to simply provide the Council with the information needed to make a decision. . Attorney Bloor stated that he had presented to the City Council members copies of the two resolutions, all correspondence from Gerald Steel, the petition circulated for signature, the letter from Municipal Research Services Center (MRSC), and a letter from the City's Bond Counsel. In addition, he had invited Mr. Thomas Ahearne, an attorney who is an expert on Initiative and Referendum matters. Attorney Bloor; then gave a PowerPoint presentation, briefly summarizing the information he had distributed, as well as the Initiative and Referendum process and powers, the alternative~ and ramifications of each, and the recommendation that the Council adopt Resolution No.1. Attorney Bloor then introduced Thomas Ahearne, an attorney with the firm of Foster Pepper in Seattle. This firm has a statewide standing and reputation in municipal law, and Mr. Ahearne is an expert in the field ofInitiative and Referendum issues. Mr. Ahearne stated he reviewed all records, including the drafts of the resolutions, and he felt adopting Resolution No. 1 was the least risky alternative, as it adopts the Initiative and Referendum powers, nothing more, nothing less. He stated it was the- safest course to take because, if and \yhen citizens adopt an initiative and referendum under Resolution No.1, there would be no question that the process is that which is authorized by State law. Mr. Ahearne continued that the language in Resolution No. 3 is slightly different than what State law authorizes. A Court may fmd that Resolution No.3 is fme as written, or it could find that it adopts more than is allowed or less than - 3 - 5842 March 21, 2006 City Council Meeting RESOLUTIONS: (Cont'd) Initiative and Referendum Resolution No. 7-06 (Cont'd) is allowed by State law. If an initiative is passed under Resolution No. 3 and is challenged, it could be argued that the process violated State law, because the Ordinance that allowed the Initiative and Referendum to be adopted violated State law. For this reason, Mr. Ahearne supported the adoption of Resolution No.1. Mr. Ahearne then responded to questions posed by the Council and provided additional clarification. e Mayor Rogers opened the floor to public comment. Peter Ripley, 114 E. 6th Street, #102, spoke in support of the Initiative and Referendum process and Resolution No.1. Ron Richards, 124 Township Line Road, has a fishing vessel moored at the marina, so Council actions affect him. He felt Resolution No. 1 ignores the voters and the petition; he supported the adoption of Resolution No.3. Paul Lamoureux, 602 E Whidby, echoed the comments of Mr. Richards and also supported Resolution No.3. Mr. Lamoureux read aloud a letter from Gerald Steel, who felt the language in Resolution No.1 was unacceptable. Ann Mathewson, 1923 W. 6th Street, submitted for the record a list drawn up by the citizens who worked on the petition, which outlined steps they felt should be taken by the City Council in regards to the Initiative and Referendum process. Tammy Ratliff, 50 Benson Road, felt that, due to past events, people do not always feel the City Council is working for them. She asked Mr. Ahearne which of the two Resolutions would open up loopholes that would allow the City to avoid the wishes of the citizens. Mr. Aheame replied that Resolution No.1 simply says that whatever State law allows, you get. There are no loopholes or exceptions. Looking at it from just a litigation perspective, Resolution No.3 could be viewed as having illegal wording, as it goes beyond what State law allows; therefore the process of Initiative and Referendum is null and void. This would result in not only the Resolution be thrown out, but more importantly, whatever issue the citizens had just voted on would be thrown out of Court as well. Ms. Ratliff agreed with Mr. Lamoureux's comments, and asked the Council to pay more attention to what the people are saying. Perry Spring, 415 E 11th Street, supported Resolution No.3, with the proviso that the City seek a legal opinion of the petition wording from the Attorney General. Ron Richards, 124 Township Line Road, returned to the microphone to reiterate his position that Resolution No.3 does not exceed State law. If it does, there is a savings clause in the petition. Perry Spring, 415 E 11 th Street, returned to the podium to ask how an alternate to the Resolution submitted by Mr. Steel on behalf ofthe citizens came to be on the docket. Attorney Bloor responded that he drafted the Resolution as a normal part of the process, long before a resolution was submitted by Mr. Steel. Attorney Bloor stated the originahesolution submitted by Mr. Steel became Resolution No.2, then he received from Mr. Steel Resolution No.3. Discussion ensued and clarification ofthe process was again provided. Councilmember Williams expressed concern over the City's bond rating if the Resolution that is adopted does not meet the authority granted under State law and becomes the target of a lawsuit. Finance Director Ziomkowski explained the importance of a good bond rating and how it impacts the City fmancially. e Paul Lamoureux, 603 Whidby Street, felt this had nothing to do with the bond rating. He did not feel the people of Port Angeles would ever vote on an issue that would put the City in fmancial jeopardy. - 4- ~-- ---- --- - - e e RESOLUTIONS: (Cont'd) Initiative and Referendum Resolution No. 7-06 (Cont'd) Break RESOLUTIONS: (Cont'd) Initiative and Referendum Resolution No. 7-06 (Cont'd) CITY COUNCIL MEETING March 21, 2006 5843 Councilmember Williams asked ifboth Resolutions could be adopted, to which Mr. Bloor replied they could not, adding that based on citizen concerns that limited I & R powers wouldbe received with Resolution No.1, language could be added to the Resolution stating there would be no restrictions. Councilmember Wharton asked if the phrases "in response to the citizens" and "full and unrestricted powers" could be added to Resolution No.1. Mr. Bloor replied affirmatively. Manager Madsen indicated the Council must now make a decision, as its responsibility is to listen to the interests and concerns of the constituents, take into consideration the fiduciary responsibilities to the City and its citizens, and then come to a policy decision. He recommended the Council deliberate among themselves at this time. Tammy Ratliff, 50 Benson Road, asked Mr. Bloor for further clarification of the process, which he provided. Mr. Bloor stressed that when writing Resolution No.1, he never intended to restrict the powers. If this is the concern, then adding language along the lines of that suggested by Councilmember Wharton is certainly possible. Councilmember Williams felt Mr. Bloor's words regarding amending Resolution No. 1 were critically important and should defmitely be part of the record, as it goes to legislative intent should there ever be a problem in the future. Ms. Ratliff approved of the wording suggested by Councilmember Wharton. Perry Spring, 415 E 11 th Street, felt steps have been taken tonight to rebuild trust, he agreed to adding wording to Resolution No.1. Paul Christopher, 119 E. 2nd Street, asked what determines if an issue is administrative vs. legislative, and Mr. Bloor stated there is a Court rule that lays out specific criteria, which was previously explained and is not germane to the resolution language. Discussion followed, and Councilmember Williams suggested tabling the issue to the next meeting when Bond Counsel could be consulted and/or the Resolution could be amended to everyone's satisfaction. Manager Madsen noted that Councilmember Wharton had suggested language, and he proposed Attorney Bloor repeat the changes as suggested for' Council's consideration, which he did. After discussion and clarification of the ,;wording changes, Councilmember Munro suggested Council convene for a break to give Mr. Bloor the opportunity to incorporate the changes. Mayor Rogers recessed the meeting for a break at 9:05 p.m. The meeting reconvened at 9:20 p.m. Attorney Bloor distributed copies of the new draft resolution and at Mayor Roger's request, read'it aloud in its entirety. . Brief discussion ensued and minor wording changes were suggested. Councilmember Williams moved to adopt the Resolution as read and as set forth below by title. Councilmember Erickson seconded the motion. RESOLUTION NO. 07-06 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the intent of the City Council to adopt the right of initiative and referendum for the registered voters of the City; providing for publication of this Resolution; and providing that an Ordinance adopting the initiative and referendum process for the City shall be presented unless a timely and sufficient referendum petition has been filed referring the question to the registered voters of the City. Following further discussion and comment by the Council, a vote was taken on the motion, which carried unanimously. - 5 - 5844 March 21, 2006 City Council Meeting PUBLIC HEARINGS - QUASI JUDICIAL: 1. Ralston Rezone - Park/Porter: Ralston Rezone - Parker/Porter Ordinance No. 3240 Mayor Rogers stated this was a continuation of a public hearing held on March 7, 2006, reminding the Council they were still under Appearance of Fairness. She asked if there had been any changes since the last hearing to cause a conflict, and none were stated. e. Associate Planner Johns reviewed the proposed rezone, displayed a map of the area, and stated the issues before the Council are the underlying Comprehensive Plan, site location, and the surrounding development. All these indicators would support the rezone. Discussion ensued, and Deputy Director of Engineering Services Kenworthy provided a summary of improvements that had taken place on Park A venue, to include the installation of a storm drain and paving. The paving is in disrepair for reasons currently under investigation, but it will be correCted in the spring. Curb and gutter was installed to the north. Clarification was provided to the Council in that RMD zoning for this area would have been allowed in either of the Comprehensive Plans. Also discussed were drainage improvements made to Park A venue, with pick up of the gutter flow on the north side of Park Avenue; improved ditch drainage along the south side; and the correction of drainage problems on Park Avenue, east of Porter Street. Applicable storm drainage regulations will be enforced at the time of development. Mayor Rogers reopened the public hearing at 9:39 p.m. Steve Zenovic, Principle Engineer, 519 S. Peabody Street, stated the drainage basin of the project is about 70 acres, of which this parcel covers a little more than 1.8 acres or less than 3%. He noted the City is running out of areas zoned RHD and RMD, and he asked the.Council to approve the rezone. Penny Hall, 1107 Grant Avenue, spoke in opposition to the rezone because of severe stormwater problems in the area, a previous decision to place a drug rehabilitation center in the area, and her fear that a rezone would lead to apartments being built and rented to students from Peninsula College. Julie Smith; 1107 E. Park Avenue, .noted three drains going into the Franklin School field, asking if that would be fixed'as part of the plan. Deputy Director Kenworthy stated the field along the school serves as a biofilter, and Ms. Smith felt the water was damaging the ground of the field to the point that children could no longer play there. She stated her opposition to the rezone until the time the drainage problems have been resolved. There being no further testimony, Mayor Rogers closed the public hearing at 9:54 p.m. Discussion followed with the Council asking questions on such matters as resolving the drainage problem and what improvements are required as part of the rezone consideration and/or part of the Comprehensive Plan. Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3240 AN ORDINANCE of the City of Port Angeles, Washington, rezoning property in the 1100 block of Park Avenue fromRS-7 (Residential, Single Family) to RMD (Residential, Medium Density). Following further discussion regarding the drainage issue, Councilmember Williams moved to adopt the Ordinance as read by title, inclusive of Findings 1 - 18, and Conclusions 1-7. Councilmember Munro seconded the motion. Following further e discussion and opinions expressed by the Councilmembers, a vote was taken on the motion, which carried 4 - 3, with Councilmembers Braun, Erickson, and Wharton voting in opposition. - 6- PUBLIC HEARINGS - OTHER: e OlyCAP Loan Agreement for Dental Clinic - City CDBG Funds Continue Meeting Beyond 10:00 p.m. Anderson Street Vacation OTHER CONSIDERATIONS: Ennis Creek Subdivision e CITY COUNCIL MEETING March 21, 2006 5845 1. OlyCAP Loan Agreement for Dental Clinic - City CDBG Funds: Attorney Bloor stated this . was the second of two required public hearings on reprogramming $30,000 ofCDBG funds to allow those funds to be loaned to OlyCAP for the development of a dental clinic. There was no new information to be presented. Mayor Rogers opened the public hearing at 10:23 p.rn. Paul Lamoureux, 602 Whidby, cautioned the Council as the City would not have control. There was no further testimony, and the public hearing was closed at 10:26 p.rn. Councilmember Williams moved to redesignate $30,000 from the CDBG program for housing to a loan in the amount of $30,000 to OlyCAP for the purpose of completing a dental clinic. Councilmember Erickson seconded the motion. Councilmember Munro offered an amendment to charge 3% interest on the loan as an incentive for repayment. Councilmember Williams, as maker ofthe motion, agreed to the amendment. Councilmember Erickson opposed the amendment. Councilman Headrick seconded the amendment. Following discussion and clarification regarding penalty and interest, Councilmember Munro moved to amend the amendment to charge interest of 3% per annum after one year. Councilmember Headrick agreed as seconder. The vote on the motion carried 5 - 2, with Councilmembers Erickson and Braun voting in opposition. Councilmember Williams moved to extend the meeting beyond 10:00 p.m. The motion was seconded by Councilmember Braun and carried unanimously. 2. Anderson Street Vacation: Principal Planner West reviewed the staff report which supported the street vacation. Mayor Rogers opened the public hearing at 10:37 p.rn. There was no on present to address the issue; therefore, the public hearing was closed at 10:38 p.rn. Mayor Rogers fulfilled the requirement for a first reading of the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, vacation portions of "P" Street and Sixteenth Street, in Port Angeles, Clallam County, Washington. 1. Ennis Creek Subdivision: Mayor Rogers reminded the Council that the appearance of fairness doctrine applies to this item, at which time, Councilmember Williams recused himself in the appearance of fairness and left the room at 10:40 p.m. Mayor Rogers asked appearance of fairness questions of the City Council. Councilmember Munro stated he had talked to his neighbor, Mr. Mantooth, about this matter regarding the general issues of the strearn. Councilmember Headrick also discussed this with Mr. Mantooth, but it was in the past and before the developer purchased the property. No one in the audience stated that any of the Councilmembers.should be disqualified from the consideration. AssociatePlanner Johns presented the staff report on the proposed street vacation and used PowerPoint slides to demonstrate maps of the area under discussion. Councilmember Braun inquired as to the stormwater situation in that area, to which Mr. Johns deferred to Steve Zenovic, Zenovic and Associates, who is designing the stormwater facilities. Steve Zenovic, 519 S. Peabody Street, described the measures being taken to supply - 7- 5846 March 21, 2006 City Council Meeting OTHER CONSIDERATIONS: (Cont'd) stormwater drainage in the vacated area. Len~thd YddiSICu~fision.ensued, and Mlr.. Zenov~c anld ~r. JthOhns resPodnd~td to qoufestiort~ alnd . e prOVl e c an lcation on severa Issues mvo vmg e vacate Sl e. pa lCU ar concern to the Council was potential stormwater drainage problems, sidewalks, and traffic flow in the area. Ennis Creek Subdivision (Cont'd) Councilmember Munro moved to concur with the Planning Commission recommendation and approve the preliminary Ennis Creek Subdivision, citing Conditions 1 - 8, adding a 9th Condition which would require the developer to put in a sidewalk on one side of the street on the frontage of the development, on the western side of DelGuzzi Drive; Findings 1 - 22; and Conclusions 1 - 5 as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilmember Braun seconded the motion. Following further discussion and clarification, a vote was taken on the motion, which carried 6 - 1, with Councilmember Headrick voting in opposition. Councilmember Williams then returned to the Council Chambers. Campbell Avenue PRD 2. Campbell Avenue PRD: Associate Planner Johns presented the staff report on the Campbell Avenue PRD, using PowerPoint slides to display maps of the area under discussion. Mayor Rogers reminded the Council this was a continued item, and they are still bound by appearance of fairness. Councilmember Wharton moved to approve the preliminary Campbell Avenue Planned Residential Development and Subdivision, citing Conditions 1-20, Findings 1 - 33, and Conclusions 1 - 15 as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilmember Munro seconded the motion, which carried unanimously. Mayor Rogers thanked Green Crow for its patience and acknowledged the hard work of the staff. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. Limited Tax General Obligation Bond, 2006 (Multi-Modal Property Acquisition): Limited Tax General Obligation Bond, 2006 (Multi-Modal Property Acquisition) Ordinance No. 3241 Attorney Bloor reviewed the background on this matter and responded to questions posed by the Council. In fulfilling the requirement for a second reading of the Ordinance, Mayor Rogers read the Ordinance by title, entitled ORDINANCE NO. 3241 AN ORDINANCE of the City of Port Angeles, Washington, ratifying and confIrming the Council's approval of a purchase and sale agreement for the acquisition by the City of certain real property; authorizing the issuance to the seller of such real property ofa limited tax general obligation bond of the City in the principal amount of$l ,200,000 in accordance with the tenus of such agreement; providing the date, form, and tenus of the bond: and authorizing the annual levy of taxes to pay the principal of and interest on the bond. Councilmember Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Headrick. Following comment by the Council, a vote was taken on the motion, which carried unanimously. e FINANCE: Due to the lateness of the hour, Councilmember Erickson moved to combine the Finance Items with the Consent Agenda. Councilmember Williams seconded the motion, which carried unanimously. - 8 - e e CONSENT AGENDA: INFORMATION: EXECUTIVE SESSION: RETURN TO OPEN SESSION: ADJOURNMENT: CITY COUNCIL MEETING March 21, 2006 5847 Councilmember Erickson moved to accept the Consent Agenda, to include: 1.) City Council Minutes of March 7,2006 special and regular meeting; 2.) Expenditure List - February 25- March 10, 2006 - $876,518.47; 3.) Amend Contract: Curbside Recycling and Yard Waste Collections; 4.) Solid Waste Rate Adjustment - Set Public Hearing for April 6, 2006; 5.) Pool Presentation - Set Special Meeting for April 11, 2006 at 6:00 p.m.; 6.) Wholesale Water Contract Extension; 7.) Travel Request for WWTP Supervisor; 8.) Equipment Purchase - Truck Service Beds; 9.) Equipment Purchase - Light Duty Vehicles; 10.) Erickson Park Skate Park Improvements; 11.) Federal Transportation Enhancement Program Grant; 12.) Fund 109, Teen Help. Councilmember Williams seconded the motion and, following brief discussion, a vote was taken on the motion, which carried unanimously. Manager Madsen reminded the Council that the School District, in conjunction with the Lower Elwha Tribe, will hold a Potlatch on Thursday, March 23,2006. All Councilmembers are invited to attend. Mayor Rogers adjourned the meeting to Executive Session for approximately one-half hour to discuss with legal counsel potential litigation under the authority of RCW 42.30.110(1)(i). No action is expected to be taken. The Executive Session convened at 11:30 p.m. and, at 12:00 a..m., it was extended for an additional15 minutes by announcement of the Mayor. The Executive Session concluded at 12: 15 a.m., and the Council convened in regular open session. No action was taken. - 9- THIS PAGE INTENTIONALLY LEFT BLANK e ~l e I. Exhibit "A" . 5848 CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF PRELIMINARY APPROVAL OF THE ENNIS CREEK SUBDNISION Conditions: 1. All necessary easements for access, drainage, and utilities shall be shown on the final plat. 2. All residential structures shall be fitted with fire sprinkler systems. 3. Electric utility service to the subdivision shall be underground. 4. Individual lot owners shall submit stormwater management plans as part of building permit applications. 5. Building setbacks shall be identified on the final plat and address numbers placed on the lots, which will be provided by the Public Works and Utilities Department. 6. The sensitive area tract shall be recorded per the requirements ofthe City's Environmentally Sensitive Areas Protection Ordinance. 7. Prior to issuance of any clearing and grading permits, the Ennis Creek ravine sensitive area tract shall be identified by a split rail fence indicating the limit ofthe 25-foot buffer at the top of the bank as shown by survey with signage indicating that the ravine and Ennis Creek are Environmentally Sensitive areas. Signage shall be placed at locations that may provide access to the public. 8. Erosion and sedimentation control measures shall be in place prior to grading or placement of utilities. 9. Sidewalks shall be constructed along the west side of Del Guzzi Drive abutting the subdivision lots. Construction may occur at the time of development. A note shall be placed on face of the final plat requiring that sidewalk development be completed prior to occupancy of individual lots. Findings of Fact.: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. RCW 58.17. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest 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 5849 Conditions Findings and Conclusions Ennis Creek Preliminary Subdivision Page 2 .., .J. 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. 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 Division. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. Preliminary approval is based upon a drawing dated received December 30, 2005, prepared by Zenovic and Associates. The subject property is identified as Low Density Residential and Open Space on the Port Angeles Comprehensive Plan Land Use Map. 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.1, B.2, B.3, and BA, Goal C; Transportation Element Goal A, Policy A.3, A.6, and B.11; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, PolicyB.1, B.3, BA, B.5, B.6, B.7, C.2, C.3, CA, C.5, and C.7. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.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. The subject property is identified by the Port Angeles Zoning Map as Residential Single Family (RS-9) which allows a density of up to 4.84 dwelling units per acre on minimum 9,000 square-foot lots, and Public Buildings and Parks (PBP). The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. No residential development will occur in the area zoned PBP. The site is surrounded by other residential uses located in the RS-9 zone with the Peninsula Golf Course located to the west in the PBP zone and commercial uses along the Highway 101 corridor to the north. The site is currently served by Del Guzzi Drive, which is neither an arterial, a designated school walking route, or a designated bicycle route. Ennis Creek and the Ennis Creek ravine are environmentally sensitive areas located on the site. The site slopes downward from west to east toward the creek. No residential development will be allowed in the environmentally sensitive area. 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. Transit service is available along Highway 101 approximately Y2 mile north of the site. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 5850 Conditions Findings and Conclusions Ennis Creek Preliminary Subdivision Page 3 16. 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. 17. The Port Angeles School District has been notified ofthe development to allow them to plan for needed public school facilities and routes. School bus pick-up is not available to the site at this time. Port Angeles School District will evaluate the need for school bus service on a yearly basis. 18. The City's Parks Department has responded that they are aware ofthe preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. 19. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 20. The site will be serviced by the City's Police, Fire, and Public Works Departments. 21. The City's State Environmental Policy Act (SEP A) Official issued a Determination of Nonsignificance (DNS #1141) on February 13, 2006, therefore satisfying the City's responsibility under the Act. 22. Improvements to Del Guzzi Drive have been made to City street standards. No further utility improvements are required. 23. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. Conclusions: 1. As conditioned, the preliminary subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. 2. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 3. 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 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. 4. Signage educating residents and visitors to the sensitive nature of the critical area will serve to protect the creek and slopes. 5. As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act. 5851 Conditions Findings and Conclusions Ennis Creek Preliminary Subdivision Page 4 Adopted by the Port Angeles City Council at its meeting of March 21,2006 q{~~~ ~ Karen A. Rogers, Mayor I:>o,,~. J)OTIlA Becky J. Up on, ity Cler~ I I: Exhibit "B" CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE CAMPBELL AVENUE PRD AND SUBDIVISION: 5852 Conditions: All external building line setbacks shall meet RS-9 zone requirements. All lot lines (solid lines) and building setback lines (dashed lines) shall be accurately dimensioned on the final plat. All lots shall be configured to have a minimum lot size of 3,500 square feet or greater. All necessary on-site easements for access, drainage, and utilities shall be shown on the final plat. The stormwater drainage improvements shall be installed or bonded for per the City's Urban Services Standards and Guidelines and consistent with the Washington Department of Fish and Wildlife hydraulics permit application (HP A) requirements and the Department of Ecology NPDES permit requirements. The City Engineer shall approve the drainage plan for on-site and off-site facilities, which may include but not be limited to roadside swales, detention/retention facilities, or constructed wetlands used for stormwater management. 5. The developer shall submit a final wetland mitigation plan that includes a monitoring element to the City. The wetland mitigation plan shall be approved and in place prior to final approval of any PRD/subdivision phases that abut or adjoin any portion of the wetland. 1. 2. 3. 4. 6. The applicant shall construct Campbell Avenue street improvements per the recorded Development Agreement which includes: Campbell Avenue adjacent to the northerly' Green Crow property line west to Porter shall be constructed to a minimum 24-foot paved width with 0.1 foot asphalt overlay, ditches, culverts, standard sidewalk, and driveway approaches along the Green Crow frontage. 7. Interior streets may be constructed to suburban street standards (dated 08/05) located in a 60-foot right-of-way with a minimum 20' paved travel surface. Sixty foot (60') of right- of-way shall be dedicated extending Rook Drive to Wabash Street. (The 50-foot wide right-of-way, as identified in the Developer Agreement, may be chosen by the applicant within the PRD area, however, streets shall be private and shall be privately maintained). All streets interior to the subdivision developed to suburban street standards shall be posted "No Parking" by the developer as directed by the City's Public Works and Utilities Department; provided that, parking may be allowed in designated vehicle pullouts located along the interior roads as approved by the City Engineer. Once street design is decided upon, that design shall be carried through the entire PRD. 8. The construction of Rook Drive connecting Eckard Street to Campbell A venue through the PRD shall be completed prior to final approval of the second phase of construction: Phase 1 shall include lots 1 through 11 and the intersection of Rook Drive and Eckard A venue. 9. A sidewalk shall be constructed and dedicated by the developer from upper Rook Drive (in the area of the power line right-of-way) to the lower portion of the project through a public park at Campbell Avenue. Final design and location of the walkway shall be determined once final design of the park area has occurred. 10. Adequate provisions for two off-street parking spaces shall be made (on-site) for each single-family residential lot. Two off-street parking spaces for each cottage lot shall be 5853 Campbell Avenue PRD subdivision Conditions, Findings. and Conclusions Page 2 shown on the final plat and shall be located in close proximity to cottage clusters A, B, andC. 11. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light Division standards. Electric utility service shall be underground. 12. No more than 74 dwelling units may be connected to the City's water and sewer systems without review and approval by the City Engineer demonstrating adequate system capacities. 13. Address numbers shall be identified and placed on the final plat as provided by the City. 14. The final PRD shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities and utility easements, common parking areas, and other similar development within the boundaries of the PRD in form and manner acceptable to the City. The area proposed as a park and to be dedicated to the City shall be exempt from this requirement once the park has been dedicated to the City. 15. A final wetland restoration plan shall be submitted to the City of Port Angeles for review and approval. Wetland mitigation per the approved final wetland plan shall be implemented on site and approved by the City of Port Angeles prior to final approval of the PRD phases that abut the wetland areas. All wetland buffers shall be identified by some means acceptable to the Director of Community and Economic Development, posted as an Environmentally Sensitive Area, and surveyed onto the final plat mylar. Additional wetland conditions may be applied to the wetland permit as its review is completed. 16. Fire hydrants shall be placed per the project narrative included in the application. Fire hydrant locations shall be approved by the Port Angeles Fire Department prior to final installation of the hydrants. 17. Twenty (20) feet of clear width shall be required for all fire department access. Cottage cluster design shall be such that no portion of any structure is more than 150' (measured as hose lay distance) from fire truck access locations. 18. All structures located more than a 150' hose lay distance shall be equipped with residential fire sprinkler systems. The Fire Department shall review and determine the need for residential fire sprinkler systems... 19. Proposed 8" sanitary sewer shall be provided as shown per City Urban Standards, and line size and detention calculations for proposed storm drain shall be required. 20. The legal description of the subject property of the PRD shall be provided on the face 'of the final plat. 5854 Campbell Avenue PRD subdivision Conditions. Findings. and Conclusions Page 3 Findings: I. The City received an initial planned residential development site plan on April 18, 2005. A pre-application meeting was held on March 16, 2005. Following a request for additional information, letters of clarification, revised site plans, and photographs depicting housing types were submitted on June 15 and August 23, 2005. The Green Crow planned residential development and preliminary subdivision applications were determined to be complete on August 24,2005. 2. The revised preliminary plat drawing for Green Crow PRD shows a 43-10t subdivision proposal. Nineteen (19) lots are designed for cottage homes and are approximately 3,600 square feet in area, 19 other lots are designed for typical single-family homes and average 6,200 square feet in area. The remaining 5 lots are designed for multi-family residential units. 3. A Development Agreement was entered into between the City of Port Angeles and Green Crow, Inc., a Washington corporation (the "Developer") on August 3, 2004, which set out specific requirements for the PRD, including application submittal dates and development standards for streets, utilities, open space, wetland mitigation, and fire protection. 4. The small lots, though permissible in a planned residential development, are subject to overall density limitation. The overall density of the Green Crow PRD is 3.9 units/acre. ~ 5. Port Angeles Municipal Code (PAMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments, and P AMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions. 6. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17.110 requires a city to inquire into the public use and interest 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. The Green Crow PRD as conditioned meets the requirements ofRCW 58.17. 7. The purpose of a planned residential development (PRD) is set forth in Section 17.19.010 as follows: This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot-by-Iot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, and welfare. 5855 Campbell Avenue PRD subdivision Conditions, Findings, and Conclusions Page 4 8. 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. 9. The PRD and preliminary plat applications were determined to be complete on August 24, 2005. The City Council must act on the PRD and preliminary subdivision by its November 15,2005, meeting to be within the 90-day time limit set by RCW 58.17.140. The applicant may consent to a 2l-day extension to the 90-day time limit. 10. The proposed 18.93-acre Green Crow Planned Residential Development (PRD) and Subdivision site is located on the south side of Campbell Avenue and east of Porter Street. 11. The site slopes downward from south to north with some steep slopes on the northern portion of the site and relatively flat ground on the southern portion of the site. 12. The preliminary plat application includes a drawing dated received April 18, 2005, and a revised drawing received August 24, 2005, prepared for the applicant Green Crow Properties, Inc., by Wengler Surveying and Mapping Co., provided in Attachments A and B, and used as the basis of the preliminary plat review. The final plat will be entitled Green Crow Planned Residential Development and Subdivision. 13. The site is served by Campbell Avenue and Wabash Avenue, and Rook Drive off of Mt Angeles Road. 14. The proposal has been reviewed with respect to the Comprehensive Plan, Zoning Code, and Subdivision Ordinance. The Comprehensive Plan land use designations for the site is Medium Density Residential (MDR) and High Density Residential (HDR). Approximately 2 acres of the 18.93 acre property in the PRD is zoned Residential High Density RHD and the remainder is zoned Residential Single Family RS-9. Other surrounding properties are also zoned RHD Residential High Density and RS-9 Residential Single Family and either are developed with a mix of low density residential uses or multi-family residential uses. 15. The City's Fire, Public Works, Parks and Recreation, and Community and Economic Development Departments reviewed the proposed planned residential development and subdivision preliminary plat. Reviewing Department concerns will be addressed in the recommended conditions of approval. 16. The proposed Green Crow PRD and Subdivision is inside of the Fire Department four- minute response area. 17. Public notice of the PRD and subdivision application was published on September 1, 2005, posted on the site and mailed to property owners within 300 feet of the proposed subdivision on August 31, 2005. The Department of Community and Economic Development received two public comment letters, which is provided in Attachment D. 18. The subject property is identified as Medium Density Residential (MDR) and on the Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B.1-3, Goal I, Objective I I 5856 Campbell Avenue PRD subdivision Conditions, Findings, and Conclusions Page 5 1.1; Transportation Element Goal A, Policies A3 and A6; Utilities and Public Services Element Policy D.l; Housing Element Goal A; Conservation Element Goal A, Policies AI-3, Goal B, Policies 8.1-B.2, B.4, 8.16, Objectives B.3-B.4; Capital Facilities Element Policies Al 0, and 8.6 and Policy C.4. 19. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A9). 20. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy Al 0). 21. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a community where residential development and use of the land are done in a manner that is compatible with the environment, the characteristics of the use and the users, and the desired urban design of the City. 22. A planned residential development is one of the innovative techniques the City has to achieve implementation of Open Space and Conservation policies and the desired urban design of the City. 23. The proposal meets the minimum site size for a planned residential development. Both single-family residential units and multi-family units are proposed. 24. The subject property in the Green Crow PRD and Subdivision is identified by the Port Angeles Zoning Map as RHD Residential High Density, which allows a density of up to 38.56 units per acre and Residential Single Family RS-7, which allows a density of up to 4.84 units per acre. The revised preliminary plat drawing dated August 24, 2005, indicates that each lot in the proposed subdivision will be at least 3,500 square feet in size. 25. The small lot and PRD housing model designs are intended to be modest in costs for new single family homes, providing starter homes for new families and other first time home buyers, or options for older citizens looking for opportunity to reduce home and yard maintenance responsibilities. This small lot housing design is still rather unique to the City and provides an alternative residential opportunity. 26. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subject site or are available in the area. 27. The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. 28. There are designated school walking routes in the vicinity. Walking paths through the PRD and sidewalks along Campbell Avenue provide a safe walking route to Mt. Angeles Road, where transit services are available. 29. The City's Police, Fire, and Public Works Departments currently serve the site. 30. Building permits are required for all structures on any approved building lots. All local Building and Fire Codes apply to any new construction on the subject property. 31. Clearing and grading permits are required for any initial site development on sites greater than one acre in size. I 5857 Campbell Avenue PRD subdivision Conditions, Findings, and Conclusions Page 6 32. The City's State Environmental Policy Act (SEP A) Official issued a Mitigated Determination of Nonsignificance (MDNS #1125) and adoption of environmental documents on September 27,2005, satisfying the City's SEP A responsibility. ' 33. Trees were removed from the wetland area on February 9, 2005, using cable drag and crawler equipped traction units to remove logs. A preliminary wetland restoration/mitigation plan has been submitted to the City of Port Angeles. Conclusions: 1. The conditions of approval of the Green Crow PRD and preliminary subdivision are consistent with provisions in the City's Zoning Code and Subdivision Ordinance and are necessary to implement the goals, policies, and objectives of the City's Comprehensive Plan. 2. As conditioned, all the necessary public improvements will be installed per the City Urban Services Standards and Guidelines. 3. As conditioned, the configuration of the proposed subdivision lots and street layouts conform to the desired urban design of the City for residential developments in outlying areas where there is no grid street pattern and where suburban street development standards are allowed. The curvilinear private streets with a 20-foot paved surface (signed for no parking along the streets) will reduce stormwater runoff and will provide adequate access for each residential lot. 4. As conditioned, the utility services will be provided consistent with the Urban Services Standards and Guidelines and the Capital Facilities Element of the Comprehensive Plan level of service standards. Improvements to downstream sanitary sewer capacity have' been provided and no further capacity improvements are needed for the additional units of Green Crow PRD. 5. The small lots proposed for the Green Crow PRD and subdivision are desired for several reasons: 1) the geographical and BP A easement constraints on the site; 2) the mixed types of housing already located in the zone and vicinity; 3) the provision of affordable homes for new families and other first time home buyers; and 4) the lots satisfy the desired urban design of the City, except for their small size, which fits the density requirements of the RHD and RS-9 Zones and the PRD Overlay Zone. 6. This is not the basic urban land use pattern for the City's higher density multi-family residential neighborhoods that are located on and adjacent to the north of this site. The density is much more like a single-family residential neighborhood, and the street and block system is more like outlying areas. The site is a mix of high-density zoning and low-density zoning. While it does not meet the high-density purposes of the RHD Zone, it does provide for a variety of densities with surrounding open spaces consistent with the PRD Overlay Zone. 7. The Green Crow PRD and Subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi-family residential neighborhood in a manner that is affordable as starter homes for new families and other first time home buyers. Conditions are recommended that would satisfy the PRD standards that are not included in the proposal plans. I 5858 Campbell Avenue PRD subdivision Conditions, Findings, and Conclusions Page 7 8. As conditioned, the Green Crow PRD and Subdivision preliminary plat is consistent with the Comprehensive Plan and Zoning Code. 9. As conditioned, the Green Crow PRD and Subdivision preliminary plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. 10. 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 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. 11. As conditioned, the public interest is served in the preliminary approval of planned residential development and platting of the subdivision as articulated in the City's Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. 12. The City Engineer must approve the final drainage plan, and the City's stormwater drainage standards will require that the proposed development not impact downstream properties anymore than pre-development conditions. The drainage and erosion control plans also are subject to the Department of Ecology NPDES permit. 13. A portion of the site open space area is located under the BP A transmission lines. Electro-magnetic force (EMF) fields are not regulated by local jurisdictions, and, therefore, the EMF environmental impacts have not been analyzed in this review. 14. The Green Crow proposal is designed to meet the 30% common usable open space requirements ofPAMC 17.19.050. Available open space on the site plan appears to be slightly more than the 5.7 acres of recreational area required of the approximately 18.93 acre site. 15. The PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter 16.08 Subdivision Regulations allow for variations from standards variations in street improvements, blocks, lots, and building line setbacks. Adopted by the Port Angeles City Council at its meeting of March 21, 2006 Karen A. Rogers, Mayor b~n. .L~fSInA Becky J. Upton, City Clerk