HomeMy WebLinkAboutMinutes 07/15/2008
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC COMMENT:
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6254
CITY COUNCIL MEETING
Port Angeles, Washington
July 15,2008
Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:02 .
p.m.
Members Present:
Mayor Braun, Deputy Mayor Wharton [via speaker phone],
and Councilmembers Di Guilio, Kidd, Perry, Rogers and
Williams.
Members Absent:
None.
Staff Present:
Manager Madsen, Attorney Bloor, Clerk Upton, G. Cutler, T.
Gallagher, Y. Ziomkowski, N. West, P. Bartholick, D
Bellamente, T. Pierce, and S. Roberds.
Public Present:
L. Lohr, K. Russell, C. Johnson, D. Pilling, R. Jones, P.
Morris, A. Mathewson, 1. Halkett, E. Tuttle, S. Gates, N.
Prossor, M. Rauch, L. Hopie, M. W omack,J. Hoare, A. May,
T. Neske, D. Cross, S. Hillgren, B. Philpott, M. Wiggins, P.
Hansen, C. Kelly, D. Brennan, R. Gruver, D. Knifsend, D.
Gase, D. Markley, C. Arakawa, F. Burch, L. & G. Doyle, 1.
Holcomb, R. Curry, R. Veenema, J. Ketchum, M. McCarty,
E. Petersen, J. Hallett, S. Nixon, P. Lamoureux, S. Blair, N.
Turner, K. Moorman, and L. Button. All others present in the
audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Councilmember Di Guilio.
Kevin Russell, 674 Southridge Road, President of the North Peninsula Building
Association, advised the Council that the Association Board wted to express
disappointment with the Council's unprofessional behavior that resulted in the resignation
of the City Manager. He felt the Council had been ineffective and should be united in
solving problems, rather than interfering in City business. From a building community
perspective, Mr. Russell felt the Council has created an uncertain environment that will
hinder economic growth. He suggested Council focus on the issues that can be effected
to strengthen the community. Mr. Russell then addressed the Council as a member ofthe
community, expressing hope that obstruction of a law enforcement officer would be
enforced by Police Chief Gallagher with the arrest of the offending parties. He indicated
the Council would face scrutiny over their actions.
Craig Johnson, 917 Benjamin, President of the Port Angeles Business Association, read
a letter from the PABA indicating the Council has failed the citizens of Port Angeles with
their inability to work together and lack of leadership that resulted in the loss of an
outstanding City Manager. Mr. Johnson stated the City will now have to spend money
to search for a new City Manager, money that will be taken away from services and
improvements to the citizens. The Council's actions and behavior will delay the
economic growth of the City, which has been put at legal and financial risk. Mr. Johnson
indicated the Council needs to be held accountable for its actions, and until it is clear the
members are functioning properly as a working body, they will be watched by the PABA.
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6255
CITY COUNCIL MEETING
July 15,2008
PUBLIC COMMENT:
(Cont'd)
Mr. Johnson stated that, if the Council doesn't come together as a working unit, then
further action by the citizens may be necessary.
Russ Veenema, 121 E. Railroad Avenue, Executive Director ofthe Port Angeles Regional e
Chamber of Commerce, read a statement on behalf of the Chamber membership,
indicating the actions ofthe Council that led to the resignation ofthe City Manager have
left the business community very concerned about the environment in which it will be
working. Although individual opinions are healthy and generally constructive, the City's
form of government has procedures that must be followed in terms of how the Council
governs. Although it is unknown as to which Comicilmembers are at fault, Mr. Veenema
felt it would be healthy for some or all of the Councilmembers to take responsibility. He
indicated the current divisiveness is detrimental to the Port Angeles region and business
community, and he stated the Chamber's need for the Council's leadership to promote the
regIOn.
Kathy Charlton, 135 W. Nelson Road, Sequim, Port Angeles business owner, addressed
the memos issued by Manager Madsen, stating that as a corporate executive, she spent
30 years being held accountable for her performance, and she expects the same of City
government. Ms. Charlton likened government structure to that of a corporation, with the
Council serving as the Board of Directors, the Mayor serving as Chairman of the Board,
and the City Manager serving as the President or Chief Executive Officer. The Council
or Board sets direction and policy, and then lets the City Manager/CEO run the operation.
She indicated that after the election, personal agendas, special interests, and campaign
promises must be left at the door. Actions and decisions must be based on a bigger
picture, that of setting strategy and policy for the community at large. Ms. Charlton
indicated if this were a public company, they would be terminated. She felt that hiring
a facilitator would be a copout, ignoring the fact that no one on the Council appears
individually or collectively to be held accountable for their actions. She was disturbed
to be addressing these issues instead of working constructively to better the community,
adding it is difficult to portray Port Angeles in a positive light to her customers.
Ed Tuttle, 3909 Old Time Place, felt the issue was about Councilmember Rogers and
control, not about what other Councilmembers have done. He felt this is the first Council
in six years who cares about the community. Mr. Tuttle indicated Councilmember Rogers
is one vote on the Council; the others now have control. Further, he indicated the City
Manager had his departure planned long ago. He identified issues in which
Councilmember Rogers has been involved, such as the Graving Yard and Fred Hill
Materials, indicating she has been influence peddling.
Shirley Nixon, P. O. Box 178, expressed concern about a style of government that
employs tactics of secrecy and surprise in violation of the Open Public Meetings Act.
Ms. Nixon indicated the people have the right to know what their government plans to do
and should find out early enough to have input and influence over government plans.
Through the course of researching City records, Ms. Nixon felt the status of open
government in Port Angeles was not flattering. Stating that her concerns were not related
to requests for public disclosure, she cited specific perceived violations of exemptions for
Executive Session, violations of the Council's Rules of Procedure, as well as the lack of
specific notice about impending action items on regular Council agendas. Ms. Nixon
indicated it is policy to not disclose what was discussed at Executive Session, but
someone disclosed the City Manager's memos, and that person or persons should be
censured. Ms. Nixon asked that future actions of the City Council be in compliance with
the laws.
Peter Ripley, 114 E. 6th, #102, expressed shock and dismay with regard to behavior
toward the police officers. He felt the officers deserve an apology, as does Chief
Gallagher, as the officers serve with honor and distinction.
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Ray Gruver, 2802 S. Laurel, was horrified that City government is in such a state that the
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PUBLIC COMMENT:
(Cont'd)
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CITY COUNCIL MEETING
July 15,2008
6256
Councilmembers allowed their behavior to deteriorate to allow the best City Manager in
a long time to resign. He felt the Council knows the truth, and the blame cannot be placed
on the City Manager - it is on the Council. Mr. Gruver indicated the behavior indicates
the Council is doing a very poor job of leading, and they have failed the City, its
employees, and their neighbors. This is the Council's responsibility to fix, and if they
can't, then they aren't talented enough to be on the Council. Mr. Gruver indicated that,
ifthe Councilmembers can't put their egos and personal agendas aside, then they are not
capable of serving on this Council.
Dan Gase, 711 Diamond Vista Drive, indicated that in light of many positive aspects and
hard work on the part of Councils for many years, it appears there are challenges to
overcome for this Council to proceed effectively. Understanding that the Council is
considering a facilitator to teach them to get along, Mr. Gase indicated the voters assume
that Council candidates have the ability and maturity to get along with others and even
in the face of difficult debate and hot issues, the members should be able to engage the
others fairly, professionally, and with respect. He felt this is a basic fundamental of
growing up, and it is expected of the elected officials. Mr. Gase asked the Council to
look at the problems, address the issues, and solve them before spending taxpayer money
for lessons in getting along. He felt the Councilmembers would find they can get along
and work effectively if they simply choose to take themselves out of the equation and
focus on the good of the community for the benefit of the City of Port Angeles.
Howie Ruddell, 136 W. 12th Street, owner of Ruddell Auto Mall and Ruddell Hyundai,
was disturbed that a member ofthe public felt business persons shouldn't be heard. Being
too young to qualify as old guard, his family history in the communitY provides a window
to the past and a vision for the future. Mr. Ruddell stated his appreciation of what the
Council is going through at this time. He asked the Council to consider that his two
companies sold over $20 million in goods and services in the community this past year,
and as a taxpayer, he felt he couldn't stand silent while the Council runs the City down
the tubes. The disarray of the last several months has not only changed the course and
direction of the City, but it has accelerated its descent. Mr. Ruddell felt this is not about
getting along. It matters how the Councilmembers individually act and behave, as they
were elected to lead, and they have not stepped up and taken responsibility and personal
accountability. He urged the Council to live up to the commitment to serve and address
the problems, adding the City will not see a more qualified Manager with such dignity,
integrity, and respect. Mr. Ruddell shared a discussion held with Mayor Braun, who
questioned whether the group could be led effectively. If that is truly how the Mayor felt,
then Mr. Ruddell asked that the Mayor step down and allow someone else to take the
lead. He asked the Councilmembers to be accountable for their behavior, as all taxpayers
deserve honest, accountable leadership.
Michael Rauch, President and CEO of Angeles Composite Technologies, indicated that
in a corporate world, shareholders would demand corrective action. In Port Angeles, the
citizens are the shareholders. Some members of the Council have made mistakes and
broken laws, and the shareholders deserve corrective action. Mr. Rauch noted this is not
the first time a City Manager has resigned under Mayor Braun's leadership. There has
been no corrective action. The lack of corrective action will cost the City thousands of
dollars in terms of facilitators to coach Council, headhunters to find a new City Manager,
training for the new City Manager, and legal fees for potential lawsuits. Mr. Rauch felt
the shareholders deserve a change in leadership, and he asked that Mayor Braun resign
and that the Council select a new Mayor and then put this behind us. He indicated the
citizens are speaking, and the Council must listen and act accordingly.
Norma Turner, a resident on Mt. Angeles Road, has lived in the County for 38 years. She
cited controversial issues that have occurred in the past, indicating the citizens have never
been subjected to anything similar to the memos in the newspaper, memos that are
unprofessional and legally questionable. Ms. Turner felt the Councilmembers have the
fundamental right to face their accusers and defend themselves, as the integrity of the
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6257
CITY COUNCIL MEETING
July 15,2008
PUBLIC COMMENT:
(Cont'd)
Councilmembers has been impugned with a broad brush. She felt that the memos went
beyond reporting what actually happened, chastising a Councilmember for calling
Ecology to gain some facts. Ms. Turner saw no problem with that action, as elected
Councilmembers must spend hours doing their homework on complex issues to make the
best decisions. For the City Manager to feel imperiled is at best puzzling, as Ms. Turner
felt the Manager should welcome the Council's questioning and doing their own
independent research. She applauded an official who goes beyond and does independent
research to verify or nullify information. Ms. Turner urged the Councilmembers to hold
on to their offices and move forward, and she urged the community to cease and desist
in the hyperbole surrounding the memos.
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Jim Hallett, who resides at 1411 S. Golf Course Road and owns a business located at 321
E. 1 st Street, immersed himself in City politics at a young age, having served on the
Planning Commission and the City Council. He indicated the Councilmembers will learn
who they are as a person is important, but that is secondary to their role as a
Councilmember. This is often a tough line to distinguish, because if the Councilmembers
ask for something, they may be placed in a precarious position, and the perceptions to
follow are often what matter. There is a fine line between policy maker and
administrator, and the Councilmembers must learn how their rights as a community
member may vary from being a Councilmember. He noted past interesting times during
his tenure on the City Council. The issue isn't about old Council and new Council, or the
City Manager, whom he holds in high regard, as there will be another Manager to come.
He noted past Councils have had a wonderful City staff, which is one of the most valuable
assets. He urged the members to leave their egos at the door. After heated discussion and
strong debate, the Council must move forward and not criticize fellow Councilmembers.
He urged the Council to learn from this and grow, indicating the happiest people are those
who can live beyond their own special interests by discovering the rewards of giving of
themselves. He wished them the best.
Susan Blair, 604 S. Race Street, is a stay at home mom who cares about this community.
She indicated the community voted in this Council, because they wanted change. She
considers this turbulence to be a growing pain of change for the betterment of Port
Angeles.
Jay Ketchum, 258663 Highway 101, Sequim, a Port Angeles property owner, thanked the
Council for running and getting elected in a time of great need in the City. He felt the tail
has been wagging the dog for a long time at City Hall. He questioned the City Manager's
staying power if just for this. Mr. Ketchum felt this is just politics as usual, and the
Council is here because people didn't like the way the City was doing business.
Recognizing the Police Chief and stating his utmost respect, Mr. Ketchum indicated there
have been problems in the past with the Police Department. People are people and they
make mistakes. Sometimes a fresh person comes along with a new perspective by not
knowing the workings ofthe City. There are problems concerning money and individuals
gaining from special interests who are left alone to be controlling, which will be difficult
to uproot. Mr. Ketchum felt the new Councilmembers are grounded people who will
effectively make change and represent the best interests ofthe people. He concluded that
everyone wants the City to grow and prosper, but it must be across the board and it must
be fair.
Christine Moorman, 607 Milwaukee Drive, indicated it does her heart good to live in
America and see that this is not an apathetic community. She wanted to take a look at
what created this passionate response, and she stated a belief in democracy and a
representative government. Ms. Moorman stated her desire to see diversity, debate, and
then movement forward by working together. She felt that by becoming City
Councilmembers, they agreed to represent her, and her representatives must follow the
law. Council positions are governed by the RCW s, and their willful violation requires the
community to tell them they cannot break the law. The community must hold them
accountable. Ms. Moorman expressed the opinion that Manager Madsen has conducted
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PUBLIC COMMENT:
(Cont'd)
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EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
PUBLIC CEREMONIES/
PRESENTATIONS:
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Riedel II Subdivision /
Phase III
Ordinance No. 3335
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CITY COUNCIL MEETING
July 15, 2008
6258
himself beyond reproach. She asked for transparency and responsibility, indicating the
Council must follow the law. Her vision of Port Angeles included Mark Madsen, a
visionary thinker whose resignation is a travesty. The community has suffered a great
loss. She believes in law, justice, and democracy.
Mayor Braun advised those present that the Council will move forward and work hard-
it can and will work together. Some changes have to be made and investigations will be
m~de. The Council has heard the public loud and clear. Feeling the community was
deserving of a response, Councilmember Rogers moved that the Councilmembers
conduct an open discussion with regard to their commitment to the community. The
motion was seconded by Councilmember Williams. Discussion followed, and Attorney
Bloor reminded the Council of its policy to not respond during the public comment
period. As legal counsel, he advised against a response at this time. The
Councilmembers acknowledged Attorney Bloor's input, agreeing there should be a future
platform to respond to comments made this evening, as it is important to state a
willingness to resolve the issues. Therefore, Councilmember Rogers withdrew the
motion, and Councilmember Williams withdrew the second.
Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive
Session for approximately 50 minutes under the authority of RCW 42.30.ll0(1)(i),
potential litigation, with no action to follow. The Executive Session convened at 7:00
p.m. in the Jack Pittis Conference Room.
The Executive Session concluded at 7:50 p.m., and the Council convened in regular open
session at 8:00 p.m.
None.
J.
Riedel II Subdivision / Phase III:
Community & Economic Development Deputy Director West provided a chronological
overview of the Council's preliminary approval of a subdivision consisting of three
phases of development by Green Crow properties, final approval of Phases I and II, and
denial of final approval of Phase III due to unsatisfied conditions of approval. He
reviewed the subsequent lawsuit under the Land Use Petition Act appealing the denial,
and the settlement that followed. City staff and Green Crow worked to execute all items
in the agreement, all of which have been satisfactorily completed.
Deputy Director West summarized two proposed changes to the June 1,2004, preliminary
approval of the Riedel II preliminary Subdivision, as well as the March 21, 2006,
preliminary approval of the Campbell Avenue PRD. He provided corrections of
typographical errors in the packet information provided, noting final approval of the
Riedel II Subdivision, Phase III, would be subject to 2 conditions, 11 findings, and 4
conclusions.
Mayor Braun opened the public hearing at 8:07 p.m.
Maureen Sandison, 3713 S. Mt. Angeles Road, advised the Council she was the second
person to build on Rook Drive in Riedel I. She had not seen the document being
referenced; a copy was provided by staff.
There being no further public testimony, Mayor Braun closed the public hearing at 8:09
p.m., and opened the floor to discussion. Councilmember Williams disclosed he is a real
estate agent with no active listings in the area, no clients or customers in the area, and no
financial interests. Councilmember Rogers disclosed her husband is a realtor with no
vested interests or transactions in the area.
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6259
CITY COUNCIL MEETING
July 15, 2008
PUBLIC HEARINGS -
QUASI-JUDICIAL:
Riedel II Subdivision I
Phase III
Ordinance No. 3335
WORK SESSION:
Clallam Business Incubator
(CBI) Update
Clallam County Economic
Development Council
(EDC) Update
Councilmember Perry moved to amend City Council's June 1, 2004, preliminary
approval of the Riedel II preliminary Subdivision by modifying Conditions 9 and
10 to conform to Sections 7 and 8 of the Settlement Agreement. Councilmember
Kidd seconded the motion, which carried unanimously.
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Councilmember Perry moved to amend City Council's March 21, 2006, preliminary
approval of the Campbell Avenue PRD to conform to Attachment D, citing the
amended Conditions 1 - 22, Findings 1 - 35, and Conclusions 1 - 16, as set forth in
Exhibit "A", which is attached to and becomes a part of these minutes. The motion
was seconded by Councilmember Kidd and carried unanimously.
Mayor Braun read the Ordinance by title, entitled
ORDINANCE NO. 3335
AN ORDINANCE of the City of Port Angeles, Washington, approving the final
of Phase III of the Riedel II Subdivision.
Councilmember Di Guilio moved to adopt the Ordinance as read by title, citing
Conditions 1 - 2, Findings 1 - 11, and Conclusions A-D. Councilmember Rogers
seconded the'motion, which carried unanimously.
J.
Clallam Business Incubator (CBI) Update:
Jim Haguewood, Director of the Clallam Business Incubator (CBI), introduced staff
member Neil Gamroth. Mr. Haguewood, with the use of Power Point slides, provided a
summary of the Clallam netWorks Strategy that was adopted in 2002, involving an
Integrated Finance Strategy, Economic & Community Development Plan, and the Skills
Center I Business Incubator. The strategy resulted in the construction of the Lincoln
Center that has five strategic partners: The Incubator, Peninsula College, Lincoln High
School, the Skills Center, and the Entrepreneur Institute. Being envied throughout the
United States, over 51 % of the U.S. incubators have a relationship with local government,
and only 4% are for profit.
Mr. Haguewood noted that the City of Port Angeles has played a critical role in the
development of the Incubator since 2000, and the Incubator is in the second year of a
financial contribution from the City. Mr. Haguewood discussed Best Practices, the
purpose of the Incubator in the creation of new business, the Incubator Life-Cycle Steps
involving research, organization, awareness, proof, and benefit. Today, the Incubator is
in the organizational and awareness stage. He provided a 24-month performance review,
indicating there is a 75% average occupancy, with 7 firms in the Incubator program
involving 6 participants, I virtual client, and 2 anchor tenants. Mr. Haguewood estimated
it would take 34 months for the Incubator to be full. He reviewed the current participants,
the objectives as established by the Board of Directors, and discussed an expanding
relationship with Peninsula College. Mr. Haguewood stressed the importance of City
funding for the long-term stabilization ofthe Incubator, noting the differentiation between
the role ofthe Economic Development Council and the Incubator. He advised the Council
that a business incubator is a component part of an overall regional economic
development strategy that is overseen by an economic development council, and it
focuses on entrepreneurs, business capital, and growing companies. The Economic
Development Council is the community table for economic development with a broader
role of community development, infrastructure planning, and maintaining a centralized
location for data. Mr. Haguewood indicated there is a complementary role between the
two.
2. Clallam County Economic Development Council (EDC) Update:
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Linda Rotrnark, Executive Director of the Clallam County Economic Development
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WORK SESSION:
(Cont'd)
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Clallam County Economic
Development Council
(EDe) Update
FINANCE:
ClallamBusiness Incubator
Contract Renewal
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
Energy Northwest
Membership
Resolution No. 9-08
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CITY COUNCIL MEETING
July 15,2008
6260
Council, introduced those members of the EDC Board who were present this evening.
She transitioned from Mr. Haguewood's presentation, noting the EDC and its partners
must support innovation in growing the regional economy by utilizing all of the members'
assets, talents, and tools. With PowerPoint slides, Ms. Rotmark showed a flow chart
representing the partners' new collaborative effort, which will serve as a catalyst for
positive change, an updated focus and direction for economic development, and an
efficient aggregation of assets in terms of Peninsula College, The Incubator, and clusters.
She indicated there is a need for a process that is understood by service providers, clients,
and partners. Ms. Rotmark discussed the basic EDC activities that will be continued, as
well as added tools to bring to the process model. She discussed the use of Merwyn
Research in creating a report card on forecasting the reliability of odds of success. She
also discussed the use ofthe WWU Research Center, which utilizes high-level corporate
research tools and staff available to Clallam County businesses through the EDC. Ms.
Rotmark stated the EDC's desire to make a dramatic difference in the County.
3.
Clallam Business Incubator Contract Renewal:
Manager Madsen informed the Council that he and College President Keegan would be
stepping down from the Board, so the contract in the Council packet contained no name
for the President. He indicated the contract extension is to bring the contract into
compliance with the opinion of the State Auditor that the City demonstrate its
commitment through its contracts. Funding will be approved on an annual basis in
accordance with the budget, so he felt the appropriate time frame for the task list and
budget would be August 31 st. Councilmember Perry moved to approve the contract
with the Clallam Business Incubator and authorize the Mayor to sign the contract.
Councilmember Di Guilio seconded the motion. Councilmember Rogers opted to
abstain from the vote, as she is on the Board of Directors of the Clallam Business
Incubator. Councilmember Williams asked that Councilmember Kidd abstain from
voting, as she is the PABA Board representative to the Economic Development Council,
and she cannot vote on any matters without advance PABA approval. Deputy Mayor
Wharton indicated she would be abstaining from the vote, as she was having difficulty
hearing the proceedings via speaker phone. A vote was taken on the motion, with
Mayor Braun and Councilmembers Perry, Di Guilio, and Williams voting in favor
of the motion. Deputy Mayor Wharton and Councilmembers Kidd and Rogers
abstained. The motion, therefore, carried by a majority vote.
None.
None.
1.
Energy Northwest Membership:
Public Works & Utilities Director Cutler presented information relative to the City's
proposed membership in Energy Northwest, noting the City would have the opportunity
to serve on the Board, attend meetings, participate in future projects, and be apprised of
current energy issues. Membership was recommended for approval by the Utility
Advisory Committee. Mayor Braun read the Resolution by title, entitled
RESOLUTION NO. 9-08
A RESOLUTION of the City Council of the City ofPort Angeles, Washington,
making application for membership in Energy Northwest.
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6261
CITY COUNCIL MEETING
July 15, 2008
Energy Northwest
Membership
Resolution No. 9-08
(Cont'd)
PUBLIC HEARINGS -
OTHER:
OTHER
CONSIDERATIONS:
FINANCE: (Cont'd)
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
INFORMATION:
Port Sale of Property
Break
Following brief discussion, Councilmember Di Guilio moved to pass the Resolution
as read by title. The motion was seconded by Councilmember Rogers and carried
unanimously.
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None.
None.
By consensus, the Council agreed that Finance Items 1.1. and J.2. should be moved to the
Consent Agenda.
Councilmember Williams referenced Page KA. of the City Council minutes of June 24,
2008, asking that the demonstration following Loren Olsen's testimony and his
subsequent objection be made a part of the minutes. Councilmember Perry moved to
accept the Consent Agenda, to include: 1.) City Council Minutes dated June 24, 2008,
as corrected, and June 30, 2008; 2.) Expenditure Approval List from 6/15/08 to 7/4/08
for $6,847,120.78; 3.) Electric Utility Resource Plan, Set Public Hearing; 4.) Senior
Center Addition Construction, Project 06-11, Accept Completion of Project; 5.) Public
Display of Fireworks Permit for P A Highschool Homecoming; 6.) School Resource
Officer Agreement Renewal; 7.) Cost of Service Study Agreement Amendment; and 8.)
Grant Funded Purchase of Fire Fighting Protective Gear. The motion was seconded by
Councilmember Kidd and carried unanimously.
Councilmember Kidd issued an apology to the Council for the demonstration at the last
Council meeting to which Councilmember Williams referred.
Manager Madsen referenced the June 30th special City Council meeting, at which time
staff was asked to look into possible facilitators for the Council. He informed the Council
that he had distributed a memo in their mail boxes with recommendations as to how they
might proceed.
Port Sale of Property: Director Cutler distributed a letter to the Council that was signed
by Jean Hordyk, Chair of the City's Parks, Recreation & Beautification Commission, on
the matter of a pending sale of Port property known as South Fairchild Airport Industrial
Area. The Commission had met in special session on July 10, 2008, and a portion ofthe
meeting agenda was dedicated to a presentation on the City's Lincoln Park Master Plan
and its relationship with the Port's Airport Master Plan and pending sale of the South
Fairchild Airport Industrial Area.
The Commission noted the potential for Lincoln Park to be accommodated in that
location if, at some future date, it had to be relocated. The Commission, therefore,
requested that the City Council ask the Port of Port Angeles not to complete the land sale
pending the completion of the Airport Master Plan. Lengthy discussion ensued, and
. Councilmember Williams shared his expression of concern as stated at a Chamber
meeting.
Mayor Braun recessed the meeting for a break at 9: 11 p.m. The meeting reconvened at
9:20 p.m.
Discussion continued, and Director Cutler showed an aerial of the Airport terminal,
runway, approach and take off glide slopes, describing the imaginary lines of zones with
different hazard ratings. He discussed the potential impact on the City's properties to the e
east. Deputy Director of Community & Economic Development West reported on a study
of industrial lands available for development, noting the 113 acres being referenced
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Port Sale of Property
(Cont'd)
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Extend Meeting Beyond
10:00 p.m.
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
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CITY COUNCIL MEETING
July 15, 2008
6262
would come out of the available 126 acres. Deputy Director West also discussed
recommendations made by the State in 1998 having to do with the implementation of six
zones for land use development around the airport. He understood some revised
recommendations are forthcoming, but nevertheless, the 6 zones cover 29% of the City's
buildings. Deputy Director West felt that, in all likelihood, it would impact expansion
and improvement to Lincoln Park. Discussion followed.
Maureen Sandison, 3713 S. Mt. Angeles Road, inquired as to how this item could be
discussed by the Council without having been placed on the agenda. Manager Madsen
clarified that staffhadjust received the memo this afternoon, and Attorney Bloor clarified
what was being asked of the Council. Ms. Sandison was concerned that the citizens
would be unaware of the potential impacts to Lincoln Park.
Following further discussion, Councilmember Perry moved that the City Council
request that the Port of Port Angeles not sell the South Fairchild Airport Industrial
Area at this time. Councilmember Kidd seconded the motion. At Councilmember
Wharton's request, the letter from the Parks, Recreation & Beautification Commission
was read aloud. A vote was then taken on the motion, which carried unanimously.
On another matter, Director Cutler informed the Council of a feature story written in
Pacific Building & Engineer on the 8th Street Bridges and other City projects.
Councilmember Kidd indicated that Planning Commissioner Dave Johnson had resigned
from the Planning Commission.
Councilmember Williams moved to continue the meeting beyond 10:00 p.m. The
motion was seconded by Councilmember Di Guilio and carried unan~mously.
Based on input from Attorney Bloor, Mayor Braun announced the need for an Executive
Session for approximately 20 minutes under the authority of RCW 42.30.110(1)(b),
potential real property acquisition; RCW 42.30.11 O( 1 )(i), potential litigation; and RCW
42.30.140(4), planning the position to be taken in collective bargaining, with no action
to follow. The Executive Session convened at 9:54 p.m., and at 10: 14 p.m., the Executive
Session was extended for an additional 15 minutes by announcement of the Mayor.
The Executive Session concluded at 10:26 p.m., and the Council convened in regular
open session. No action was taken.
The meeting was adjourned at 10:26 p.m.
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Exhibit" A"
6263
AMENDED CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF THE
CAMPBELL A VENUE PRD AND SUBDIVISION:
Conditions:
1. 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.
2. All lots shall be configured to have a minimum lot size of 3,500 square feet or greater.
3. All necessary on-site easements for access, drainage, and utilities shall be shown on the final
plat.
4. 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.
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 -cons~ructed to-a minimum 24-foot paved width with
0.1 foot asphalt overlay, ditches, culverts, standard'sidewalk, and driveway approaches along
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the Green Crow frontage.
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7. Interior streets may be constructed to suburban street standards (dated 08/05) located in a 60foot
right-of-way with a minimum 20' paved travel surface. Sixty foot (60') of rightofway shall be
dedicated extending Rook Drive to Wabash Street. (The 50-foot wide right-ofway, 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 Avenue 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 Avenue.
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 A venue. Final design and location of the walkway shall be determined once final
design of the park area has occurred.
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Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 2
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
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.
21. A public neighborhood park approved by the City's Public Works and Utilities Director
shall be developed prior to issuance of building permits for structures in Phase I of the
Campbell Avenue PRD, consistent with the Open Space and Parks Facilities terms set
forth in the Development Agreement.
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6265
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 3
22. All conditions of WP04-0 1 shall be met prior to final approval of Phase I of the Campbell
Avenue PRD as provided in condition number 15.
Findings:
1. 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-lot 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-lot development by use of a design process which includes
H-13
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 4
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.
8. Section 16.08.050(B)(1) P AMC 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 21-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 A venue 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.
6266
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6267
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 5
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 A2, Goal B, Policies B.1-3, Goal I, Objective
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
Al-3, Goal B, Policies B.1-B.2, BA, B.16, Objectives B.3-BA; Capital Facilities
Element Policies Al 0, and B.6 and Policy CA.
19. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
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 A.10).
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 A venue 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.
H-15
6268
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 6
31. Clearing and grading permits are required for any initial site development on sites greater
than one acre in size.
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 SEPA 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.
34. On May 12. 2008. the City of Port Angeles entered a settlement agreement with Green
Crow Properties. Inc. As a requirement of that agreement Conditions 9 and 10 of the
Riedel II subdivision approval were deferred to the Campbell Avenue PRD Phase I (as
Conditions 21 and 22 of final subdivision approval.)
35. City Council resolved to amend preliminary approval of the Campbell Avenue PRD on
July 15. 2008. The amendments were based on a settlement agreement and as such
council finds that there is no need to refer the PRD back to the Planning Commission for
further review. The ordinance granting final approval for Riedel II Subdivision Phase III
is further iustification of this amendment.
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.
H-16
6269
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 7
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.
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 PAM C 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.
16. The Campbell Avenue PRD was amended per the Mav 12, 2008 Settlement Agreement
between Green Crow Properties, Inc. and the City of Port Angeles.
H-17
6270
Campbell Avenue PRD subdivision
Amended Conditions, Findings, and Conclusions
Page 8
Adopted by the Port Angeles City Council at its meeting of July 15,2008
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Gary Braun, Mayor
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Becky J. Upton, City Clerk
T:\SUB\RiedelII\PRD Post settlement F&C.doc
H-18