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HomeMy WebLinkAboutMinutes 07/16/2002 4707 CITY COUNCIL MEETING Port Angeles, Washington July 16, 2002 CALL TO ORDER - Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Wiggins, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Williams. Members Absent: None. Staff Present: Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, M. Connelly, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, S. McLain, J. Cole, B. Coons, and C. Kochanek. Public Present: J. Robinson, L. Lee, A. Holzschuh, T. Price, J. Grattan, M. Petersen, S. Petersen, R. Gruver, L. Rasmussen, J. Harbick, J. Harmon, C. Wame, D. Maguire, R. Terril, M. Wiggins, and G. Wiggins. PLEDGE OF The Pledge of Allegiance to the Flag was led by Police Chief Tom Riepe. ALLEGIANCE: PUBLIC CEREMONIES, 1. Letter of Congratulations from Washington State Auditor PRESENTATIONS AND PROCLAMATIONS: Mayor Wiggins introduced a letter received from Brian Sonntag, Auditor for the State of Washington, congratulating the City for its ninth consecutive audit without a finding, Letter of Congratulations which shows the City's dedication to sound fmancial operations and timely financial from Washington State reporting. Mayor Wiggins read the letter and congratulated Finance Director Yvonne Auditor Ziomkowski, who responded by thanking the Council for its cooperation and complimenting city management and staff for their dedication and support. Proclamation Recognizing 2. Proclamation Recognizing Olympic Medical Center Olympic Medical Center Quality Rating Score of Mayor Wiggins read into the record a proclamation recognizing Olympic Medical 100% Center for receiving a 100 percent score from the Joint Commission on Accreditation of Healthcare Organizations. The proclamation was accepted by Administrator Mike Glenn, who thanked the Mayor and Medical Center physicians and employees. Chamber of Commerce 3. Chamber of Commerce Report Presented by Executive Director Russ Veenema Report Chamber of Commerce Director Russ Veenema submitted the quarterly report, summarizing the contents of the materials distributed and noting increases in visitors, lodging percentages, website visits, and future projections based on upcoming events. He thanked Council and staff for their support of operations for all events, and he responded to a question by explaining that dues should be current by year end. -1- 4708 CITY COUNCIL MEETING July 16, 2002 WORK SESSION: Governmental Fund Projects Governmental Fund Manager Quinn explained the changes in the Governmental Fund Projects list and asked Projects Director Cutler to comment. Director Cutler asked Councilmembers for direction in fund allocations, indicating that a determination on the claim still has not been made by WCIA for the Fire Hall roof repairs. He noted that, if the reimbursement for the roof repairs is received, there will be $2.5 Million available for capital projects. Manager Quinn informed the Council that the one project committed to is the Carnegie Library. The others listed are in the planning stage and could be deferred. In the discussion that ensued, the members of the Council expressed concern with committing all of the referenced funds in the absence of a current financial report and in view of the upcoming budget preparation. The opinion was expressed that it may be advantageous the set some of the funds aside until more definitive information is available. Finance Director Ziomkowski advised the Council she is preparing the financial reports for the 2nd Quarter, 2002, and at the request of the Council, she indicated she could have the report completed for a special Council meeting if so desired. Therefore, the Council set a special meeting for Tuesday, July 30, 2002, at 6:00 p.m. in Council Chambers, at which time the Financial Reports will be received, and further consideration will be given to the Governmental Fund Projects, as well as the contract award for the Carnegie Library which is on this evening's Finance agenda. LATE ITEMS TO BE Mayor Wiggins added a Sublease between the City and Pier Group for the Conference PLACED ON THIS OR Center Development as Agenda Item 1.7. FUTURE AGENDAS: Tad Price, 1613 W. 1 lth, informed the Council that Mayor Sugiyama of Mutsu City will be visiting Port Angeles; he distributed an activity schedule for the delegation and also for visiting teachers and students. FINANCE: 1. Award Contract for Revitalization of Carnegie Library Award Contract for This agenda item was deferred to the special meeting just set for July 30, 2002. Revitalization of Carnegie Library Fire Hall Roof Repair 2. Fire Hall Roof Repair Director Cutler informed the Council that the contractor is doing the design work for the Fire Hall Roof repairs and directed Council to page 13 of the agenda packet, the three roofing membrane replacement options. After explaining the proposed options and cost differential, Director Cutler responded to brief questions from Councilmembers. Councilman Campbell moved to direct the Public Works and Utilities Director to proceed with the design and installation of a modified bitumen 2-ply membrane system. Councilman Braun seconded the motion, which carried unanimously. CONSENT AGENDA: Councilman Braun moved to accept the Consent Agenda to include: 1) City Council Minutes - July 2, 2002 regular meeting and July 9, 2002 special meeting; 2) Check Register - July 9, 2002 - $375,373.76; 3) Bonneville Power Administration Power Contract Amendment; and 4) Amendment #I to the Skillings - Connolly Consultant Agreement. Couneilmember Erickson seconded the motion, which carried unanimously. CITY COUNCIL Councilman Headrick met with the Law & Justice Subcommittee, wherein the proposed COMMITTEE 1/10th of 1% tax increase was considered. REPORTS: Councilman Braun, on July 9, 2002, attended the Public Safety Committee Meeting, the -2- CITY COUNCIL MEETING 4709 July 16, 2002 CITY COUNCIL CTS meeting on July 12, 2002, and announced the upcoming ice skating facility COMMITTEE meeting on July 22, 2002, at 7:00 p.m. at the Vem Burton meeting room. REPORTS: (Cont'd) Councilmember Rogers mentioned the Olympic Medical Center recognition and the economic development impact this recognition has presented. Mayor Wiggins participated in two 4t~ of July parades and the Multi-Cultural Task Force meeting. PUBLIC HEARINGS - 1. YMCA Rezone REZ 02-04 QUASI-JUDICIAL: Councilmember Rogers recused herself from the discussion due to a conflict of interest; YMCA Rezone REZ 02-04 she departed the Council Chambers at 7:00 p.m. Ordinance No. 3119 Community Development Director Brad Collins reviewed the packet materials and distributed a letter just received from Deborah Coffey as part of the packet. Mayor Wiggins opened the Public Hearing at 7:05 p.m. Cynthia Wame, 715 East 4~ Street, inquired about citizens' assurances that the YMCA will not build anything that will adversely affect the surrounding residential area. Director Collins replied that the rezoning to PBP, Public Building and Parks, designation is more restrictive than most zones, but a rezone permits any uses in that zone and not a specific development by a particular owner. YMCA Director Dan Maguire, 313 Hancock Ave., mentioned the inadequate size of the YMCA and the intent to expand the facility. In response to Councilman Headrick's question about the intentions for construction, Mr. Maguire explained that the YMCA will be extended to fill in the outdoor basketball court and to expand the parking lot in the first phase and that a second phase could occur in the future. There being no further testimony, the public hearing was closed at 7:20 p.m. Discussion followed as to the permitted uses in the PBP Zone, and Manager Quinn pointed out that the majority of the uses are intended to be met by public institutions with the City as a likely proponent of those uses. He felt there is a natural protection inherent in the uses that should greatly reduce any neighborhood concerns. Mayor Wiggins then read the Ordinance by title, entitled ORDINANCE NO. 3119 AN ORDINANCE of the City of Port Angeles, Washington, rezoning two residential lots in the 700 block of East Fourth Street from RS-7, Residential Single Family, to PBP, Public Buildings and Parks. Councilman Campbell moved to adopt the Ordinance as read by title, citing Findings 1-13 and Conclusions 1-4, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman I-Ieadrick seconded the motion, which passed 5-0. Break Mayor Wiggins recessed the meeting for a break at 7:28 p.m. The meeting reconvened at 7:45 p.m., at which time Councilmember Rogers rejoined the Council. PUBLIC HEARINGS - Municipal Code Amendments MCA Ol-02B OTIIER: Community Development Director indicated it is staff's recommendation that this Municipal Code public hearing be continued to August 20, 2002, in that there are some business groups Amendments MCA 01-02B wanting to provide further input at a later date relative to the proposed changes to the - 3- 4710 CITY COUNCIL MEETING July 16, 2002 Sign Code. Mayor Wiggins continued the public hearing at 7:46 p.m. PUBLIC HEARINGS - Ada Holzschuh, Executive Director of the Port Angeles Downtown Association, 105 OTHER: ½ East First Street, noted that pedestrian-oriented signage is extremely conducive to (Cont'd) better volume of business in downtown. To have A-frame signs in rights-of-way requires removal of item "K" on page 188 of the agenda packet. Because of Municipal Code redundancies, changes would have to be made in the development regulations for signs. Amendments MCA 01-02B Ms. Holzschuh also mentioned possible insurance problems for certain types of signs (Cont'd) and, referring to page 188 of Attachment "B" regarding the matter of banners, she requested that they be prohibited in the Central Business District. Richard Terril, 548 Old Olympic Highway, inquired if the signage issues at hand were about the size of billboards and not sign usage in the downtown area. Director Collins responded in the affumative. Mr. Terril wondered why the City would allow the erection of billboards if the County had banned them. Councilmember Erickson added that the County is looking into enforcing its sign code. At 8:05 p.m., Mayor Wiggins continued the public hearing to August 20, 2002, following which discussion was held on the matter of fluttering devices and the need to protect the public health and safety by prohibiting conductive mylar devices. A question was raised relative to the permitted flags that can be flown, and Director Collins noted that there is no prohibition other than flags that convey a commercial message. ORDINANCES NOT None. REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Mantooth Annexation Request Mantooth Annexation Director Collins stated that the petition form needs to be revised for an election purpose Request and that the City would be working with the Mantooths on this revision. Mayor Wiggins asked for a motion to defer the issue. Councilman Williams moved to table the Mantooth Annexation Request until the August 6, 2002, meeting. Councilmember Erickson seconded the motion, which carried unanimously. Because of this delay, Director Collins advised the Council that the election will likely take place on the November ballot. OTHER 1. Approval of 3-Year Labor Contract Between City & IBEW #997 CONSIDERATIONS: Human Resources Manager Coons summarized the agreement for a new three-year Approval of 3-Year Labor labor contract with the International Brotherhood of Electrical Workers, Local #99. In Contract Between City and the discussion that followed, Councilman Campbell questioned the 6% impact on the IBEW #997 2002 budget, and Manager Quinn pointed out that the impact would only affect the Electric Utility. However, Councilman Campbell noted this could be precedent-setting as relates to other upcoming union negotiations. Additionally, discussion was held on the matter of the Apprentice Program, upcoming retirements, and the proposal for employees to share in the cost of health care. Councilman Braun moved to approve the three-year labor contract, retroactive to April 1, 2002, between the City and the IBEW Local #997 and authorize the Mayor to sign the agreement covering the period, April 1,2002 through December 31, 2004. Councilman Headrickseconded the motion, which carried unanimously. Petersen Preliminary Short 2. Petersen Preliminary Short Plat SHP 02-02 Appeal Plat SHP 02-02 Appeal Director Collins reviewed the appeal and the City Engineer's acceptance ora minimum -4- CITY COUNCIL MEETING 4711 July 16, 2002 Petersen Preliminary Short of a 20-foot wide asphaltic concrete street with one 3-foot wide gravel shoulder and one Plat SHP 02-02 Appeal 6-foot wide gravel shoulder from Owen Avenue to Evans Place. Director Collins (Cont'd) indicated it was staff's position that the appeal issues regarding the sewer improvement and the right-of-way dedication could not be revised per the short plat subdivision standards. Madonna Petersen, 31 Josephine Place, indicated that she and her husband still felt these conditions were unreasonable. The Petersens maintained that the street requirements were unreasonable, and the sewer requirements would be too expensive. Having itemized all of the associated costs, the Petersens indicated the costs for improvements would exceed the amount they could gain by the sale of the lots. Mr. Petersen disagreed with the City Engineer's opinion on the sewer requirements, as he felt some type of fluid lift system would be necessary because of the fall line. Following further explanations by the Petersens, the Council discussed and debated the efficacies involved in both sides of the issues and what is stated in the present Ordinances and the Growth Management Act. It was pointed out by some that, in the interest of development in the City, there must be some way to make certain exceptions. However, it was pointed out that exceptions should not be made until the time the City Code is amended, and Director Collins advised the Council that it could take three to four months to accomplish any amendments. Another point made was the possibility of the City creating on the west side of town an area similar to that of the area in the eastern UGA. After further lengthy discussion, Councilman Campbell moved to deny the appeal of the preliminary short plat approval of Petersen SHP 02-02, except for a modification to condition 3B for street improvements as recommended by the City Engineer. Mayor Wiggins seconded the motion. Councilmember Rogers expressed frustration in the absence of a solution to the problem, and Councilman Headrick pointed out that the regulations are different for a short plat as compared to the construction of a home. The land is not, therefore, totally unusable, and the Petersens could proceed with the construction of a home on one of the lots. Following clarification of the legalities involved with the appellate and legislative roles of the Council by Attorney Knutson, a vote was taken on the motion, with Mayor Wiggins and Councilmembers Headrick and Campbell voting in favor and Councilmembers Eriekson, Braun, Williams, and Rogers voting in opposition. The motion, therefore, failed and the appeal was not denied. No motion was made to approve the appeal. Mrs. Petersen asked if the fees involved in this appeal could be refunded; Attorney Knutson advised and Mayor Wiggins concurred that the request could be handled through the City Manager. Manager Quinn indicated that he would be in favor of changing codes legislatively through the Council to effect economic development and growth, and he further expressed interest in a cost-sharing arrangement with the City. Councilman Williams inquired as to whether the Petersens could proceed with one single family residence on one lot and subdivide at a later date, to which Director Collins responded in the affirmative. Harbor Boat Operation & 3. Harbor Boat Operation & Temporary Use Agreement Between City of Port Temporary Use Agreement Angeles and Arrow Launch Service, Inc. Between City and Arrow Launch Service, Inc. Fire Chief McKeen summarized the background information, following which Jack Harmon, owner of Arrow Launch Service, expressed the pride his employees felt in being a part of this effort in offering emergency services to the users of the harbor. Councilman Braun moved to authorize the Mayor to sign the agreement with Arrow Launch Service, Inc., to allow the temporary use of its vessels for access into the harbor. Councilman Headrick seconded the motion, which carried unanimously. -5- 4712 CITY COUNCIL MEETING July 16, 2002 Preliminary Plat Approval 4. Preliminary Plat Approval of Ennis Creek Sub-division of Ennis Creek Sub- division Director Collins summarized the background information on the issue, and Councilman Williams moved to approve the preliminary plat for the Ennis Creek Estates Subdivision, citing Conditions 1-9, Findings 1-30, and Conclusions 1-11, as set forth in Exhibit "B' which is attached to and becomes a part of these minutes and, further, that portions of Lots 1 and 3 are shown as being adjusted to the adjoining properties to the east, and the boundary line adjustments have not been made at this point. Couneilmember Rogers seconded the motion, which carried unanimously. Approve Erickson Park 5. Approve Erickson Park Playground Design Playground Design Parks and Recreation Director Connelly provided background information on the "Dream Playground" and presented slides of the designs to the Council. He then recognized seventeen individuals who have been involved in the project and added that over 750 volunteers have been involved in the plans and preparations for the playground. Additionally, Director Connelly thanked the Kiwanis for their support. Clerk's Note: Following Ms. Charles' presentation below, Mayor Wiggins asked the Council to return its attention to the Erickson Park Playground Design, as a motion of approval was requested. Councilmember Rogers moved to approve the plans for the "Dream Playground" at Eriekson Park. Couneilmember Erickson seconded the motion, which carried unanimously. INFORMATION: Georgianne Charles, Lower Elwha Tribe, 60 Stormy Windy Lane, expressed support for the City Manager in coordinating contacts for the hosting of canoe journey, July 31 - August 2, 2002. Over 2,000 people will be coming through Port Angeles for this event. Mayor Wiggins offered City services to assist in this undertaking. OTHER 6. Interlocal Agreement with Housing Authority CONSIDERATIONS: (Cont'd.) Manager Quinn explained the program and noted additions he had proposed for the agreement. Minor corrections were offered to the agreement, after which Interlocal Agreement with Councilmember Erickson moved to authorize the Mayor to sign the Interlocal Housing Authority Agreement with the Housing Authority of Clallam County to participate in the HUD $1 Home Sales to Local Governments Program. Councilman Williams seconded the motion, which carried unanimously. Sublease between City and 7. Sublease Between City and Pier Group for Conference Center Development Pier Group for Conference Center Development Economic Development Director Smith provided a history of the development of the Conference Center project to date, land trade particulars, and property, use, term, consideration, and expense issues. Councilman Campbell addressed the three conditions to be met before approval, which can be modified as the project progresses. Following a brief question and answer period, Councilman Headriek moved to authorize the Mayor to sign the sublease provided that (1) the Port/DNR/Ehm property transaction is finalized; (2) the DNR/Ehm lease is executed; and (3) an agreement between the City and Ehm for commitment of the Lodging Tax Fund is finalized. Councilman Campbell seconded the motion, which carried unanimously. INFORMATION: Manager Quinn noted the inclusion of the I-Net implementation and the Tribal Canoe Journey Event. He also announced that a meeting will be held on July 25, 2002, with business community members who oppose the conference center. A time for the meeting will be forthcoming. -6- CITY COUNCIL MEETING 4713 July 16, 2002 EXECUTIVE SESSION: None. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. -7- Recommended Findings and Conclusions for REZ 02-04 Exhibit "A" Findings: 4714 1. The applicant, Clallam County Family YMCA, is requesting a rezone of Lot 15, Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block 3 of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public Buildings and Parks. 2. The subject site is comprised of two standard sized lots, 50' by 140' (total of 14,000 square feet) and both contain single family residences. 3. The Comprehensive Plan designates both lots as Low Density Residential. 4. The Clallam County family YMCA has been in its current location since 1953. 5. Portions of the site of the existing YMCA were rczoned from RS-7 to PBP in 1997 and 1998. 6. The subject property is adjacent to the existing YMCA property and building. 7. Civic buildings and recreation facilities are permitted uses in thc PBP zone. 8. The purpose of the PBP zone is as follows: ",4 zoning designationforpublicly-owned property, or property not suitable for development by reason of its topography, geology, or some unusual condition or situation. Much of the land so designated may best be left as Green Belts." 9. Due to the nature, size and desired distribution of public facilities throughout thc City, PBP zoned properties are found in a variety of Comprehensive Plan land use designation, including the Low Density Residential designation. 10. Thc SEPA Responsible Official issued a Determination of Non-Significance for the proposal on June 20, 2002. 11. Thc public comment period for this application ran from May 26, 2002, to June 10, 2002. During this time, the Department of Community Development received one letter from a neighbor expressing opposition to thc proposed rezone. 12. The Planning Commission held a public meeting on YMCA REZ 02-04 on June 26, 2002, and recommended approval to the City Council. 13. A letter from another neighbor expressing opposition to the proposed rezone was received on July 12, 2002. Conclusions: 1. Comprehensive Plan policies most directly related to the proposed rezone include: Land Use Element Policies A1 and 2, C1, and J3, and Utilities and Public Services Element Policies A1 and B3. 2. The proposed rezone is consistent with the comprehensive Plan Land Use Policies A1 and 2, C1, and J3; Utilities and Public Services Element Policies Al, B2, 3, 4, C6; Conservation Element B3. 3. The proposed rezone is compatible with surrounding land uses and zoning ordinance designations. 4. The rezone is in the public interest and is compatible with the surrounding zoning and land use. Adopted by the Port Angeles City Council at its meeting of July 16, 2002. Glenn Wiggins, Mayor ~ecl~y-J. ~ity Exhibit "B" 4715 ENNIS CREEK ESTATES PRELIMINARY PLAT Conditions, Findings, And Conclusions Conditions: 1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75 feet in width. 2. All necessary easements for access, drainage, and utilities shall be shown on the final plat. 3. The stormwater drainage improvements shall be installed or bonded per the City's Urban Services Standards and Guidelines and consistent with the Washington Department of Fish and Wildlife hydraulics permit application requirements. 4. One or more of the community areas shown on the preliminary plat shall remain in public ownership as a neighborhood park, shall be designed as a children's play area similar to the new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final plat approval, and shall be installed prior to the issuance of any building permits. 5. The fire sprinkler system as required by the Fire Department shall be a condition of any new residential building permit. 6. Electrical and telecommunication improvements shall be installed per the Light Division standards. 7. No more than 30 lots may be connected to the City's water and sewer systems without review and approval by the City Engineer demonstrating adequate system capacities. 8. Address numbers shall be identified and placed on the final plat as provided by the City. 9. Two environmentally sensitive area tracts shall be recorded per the requirements of the City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall be installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance of any clearing and grading or building permits. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. 2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division 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 schoolgrounds, 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. 4716 3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 4. The preliminary plat subdivides the 32.4 acres of land into 30 residential lots (12.56 acres), 3 community areas (.36 acre), 1 detention pond (. 19 acre), and 2 environmental sensitive areas tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657 square feet with most lots between 12, 000 to 22,000 square feet. 5. The City of Port Angeles acquired the subject property through a foreclosure on unpaid assessments for Local Improvement District 211. 6. The preliminary plat application includes a drawing dated received April 19, 2002, prepared for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the staff report, and used as the basis of the preliminary plat review. The final plat will be entitled Ennis Creek Estates Subdivision. 7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of the Del Hut Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section 12, Township 30 North, Range 6 West, WM. 8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The 19.65 acres in the two open space areas will be placed in two environmental environmentally sensitive area (ESA) tracts per the City's Environmentally Sensitive Areas Protection Ordinance. No public access is planned for these ESA tracts, although future public access for educational/recreational purposes and/or a conservation easement may be planned at a later date, consistent with the critical areas protection requirements. 9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter into Ennis Creek south of US 101. 10. Each lot has significant topographically features which constrain access and building areas. Portions of the site and building lots are wooded. 11. The surrounding properties are developed with low density single family residential uses to the south and one eight-plex condominium at the southwest comer of the site, with a private golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt Middle School, and very low density residential zoning border the subject property on the east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern portion of the subject property are not accessible due to the creek ravine and largely unaffected by the subdivision on the western portion of the site. Similarly, the northern portion of the subject property adjacent to US 101 does not impact the highway, nor is it accessible to the residential lots in the subdivision. 12. The site is currently served by Del Guzzi Dr., which meets City street standards for a local access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the property in a north and south meandering direction. 'All 30 lots shown on the April 16 preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along US 101 north of the site at Del Guzzi Dr. 4717 13. The Washington State Department of Transportation (WSDOT) commented on the previous Ennis Creek Estates Planned Residential Development (PRD) and required a stop light at Del Guzzi Dr. and US 101 that was installed through Local Improvement District 211. Nothing substantial has changed regarding the subject property since the previous preliminary plat subdivision/PRD was approved about ten years ago. 14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and Recreation, and Community Development Departments. 15. Public notice of the subdivision application was published on April 22, 2002, and posted on the site and mailed to property owners within 300 feet of the proposed subdivision on April 19, 2002. The Department of Community Development received three public comment letters, which are provided in Attachment B to the staff report. The letters were from Jim and Robbie Mantooth, Dick Goin, and Darlene Schanfald. 16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is identified as High Density Residential (HDR) and Open Space (OS) on the Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies are found to be most relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B. 1-B.4, Goal I, Policies I. 1-1.4, Objective I. 1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy D. 1; Housing Element Goal A; Conservation Element Goal A, Policies A. 1-A.3, Goal B, Policies B. 1-B.6, B.8, B. 16, Objectives B.3-B.4; Capital Facilities Element Goal A, Policies A.2, A.9-A. 11, Goal B, Policies B.6-B.7, Goal C, Policies C.3- C.4. 17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9). 18. 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). 19. 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. 20. The western portion of the subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS-9), which allows a density of up to 9 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size and that the average size of the southemmost 29 lots is 16,602 square feet. 21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map as Public Buildings and Parks (PBP), which designates land that may be best lef~ as "greenbelt" open space where the property is not suitable for development by reason of its topography, geology, or some unusual condition or situation. 22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan Circulation Map and is not designated as a school walking route. The City's Subdivision Ordinance and Urban Standards and Guidelines require the development of sidewalks along arterials but not on local access streets. 4718 23. All required utility improvements including potable water, sanitary waste, electrical, and refuse collection have been provided to the subdivision or are available in the area. 24. The Port Angeles School District currently serves the area, and school capacity is not an issue with the present trend in declining enrollments. 25. The site is currently served by the City's Police, Fire, and Public Works Departments. 26. 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. 27. Clearing and grading permits are not required for any initial site development on sites less than one acre in size and not designated as an environmentally sensitive area by the City. 28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #977) on May 8, 2002, satisfying the City's SEPA responsibility. 29. The Planning Commission conducted a public heating on the Ennis Creek Estates Subdivision preliminary plat on May 8, 2002. 30. On July 9, 2002, the City Council Real Estate Committee recommended that the City proceed with standard subdivision requirements for preliminary plat approval but offer the property for sale as a whole without making the improvements necessary for final plat approval at this time. Conclusions: A. The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision Ordinance and necessary to implement the Comprehensive Plan goals and policies. B. Storm drainage, electrical, and telecommunications improvements are the only street and utility requirements which have not been installed per the City's Urban Services Standards and Guidelines. C. Because the City does not have any neighborhood parks or playfields in the vicinity and the subdivision will have 30 new home sites, one or more of the community areas shown on the preliminary plat should be designed as a children's play area similar to the new play structure at Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks and Recreation maintain. D. Due to wooded nature of the subject property, street trees are not needed. E. The large lots proposed for the Ennis Creek Subdivision are necessary for several masons: 1) the topographical and other access/building constraints on the site, 2) reduced cleating and consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan land use and conservation element policies, 4) sensitivity to the significant environmental features within the site, 5) design of utility and access through the site, and 6) recovering unpaid LID 211 assessments. F. Although High Density Residential allows an overall residential density much higher than proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended to be for the development of single family homes. The configuration of the proposed subdivision lots and street layout conform to the desired urban design of the City for the RS-9 and PBP Zones. The subject site is not located in an area with a grid street system and should be developed with low density housing units and curvilinear streets to achieve 4719 the desired urban design of the City. If the subdivision is approved, the Comprehensive Plan Land Use Map should be changed to Low Density Residential (LDR). G. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning Code. H. As conditioned, the 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. I. 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. J. 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 and beneficial to the City's tax base. The subdivision is intended to recover funds necessary for payment of LID 211 bonds due in September 2003. K. The City should try to sell the property as a whole before committing additional public expenditures necessary for final plat approval. Adopted by the Port Angeles City Council at its meeting of July 16, 2002. -,'~enn Wiggins, Mayor Becky-J'. l~io~ity ~le~ -- --