HomeMy WebLinkAboutMinutes 07/20/1982
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3a9
CITY COUNCIL MEm'ING
Port Angeles, Washington
July 20, 1982
I CALL 'ill ORDER
Mayor Duncan called the meeting to order at 7: 00 P.M.
II roLL CALL
Members Present: Mayor Duncan, Council1ren Gerberding, Haguewood, Hordyk,
Polhamus, Quast and Whidden
Members Absent: None
Staff Present: Manager Flodstran, Attorney Miller, Deputy Clerk Lannoye, P.
carr, M. Cleland, L. Cosens, D. Frizzell, L. Glenn, J.
Pittis, R. Orton
Public Present: K. Williams, J. Key, K. Baunwell, R. & F. Keeler, L. Beil,
B. Folden, D. McWilliams, D. Kolden, J. Pressley, D. Bragg,
H. Berglund, S. Fahnestock, M. Peterson, N. DeScala, L.
Torres, C. Johnson, T. Holm, E. Hibbard, D. Redgrave, R.
winters, D. VanHerrert
III MINlJI'ES
Councilman Hordyk IroVed the Council accept and place on file as received the
minutes of the July 6, 1982 meeting and Councilman Quast seconded.
Councilman Gerberding requested that Legislative Item LA., the Key P.R.D.
Public Hearing (Register Pages 300-302) be amended to reflect that he "had
concerns because of zoning regulations and because of the Carrprehensive Plan
that there may be conflicts"; and Legislative Item 4. Petition fran
Ministerial Association, Register Page 303, be amended to reflect that the
Council was not only concerned with churches but with other organizations that
might care into the same problem. on call for the question to approve the
amended minutes the rrotion carried.
IV FINANCE
Mayor Duncan reviewed Finance Director Orton 's IneIrorandum regarding bids
called for conditional sales financing of two police cars and one 10-yard ~
truck. Councilman Quast IroVed the Council accept the low bid of Seattle First
National Bank for financing of the police cars at 11.25%; and for the Seattle-
First proposal for financing the lO-yard dl.lIlp truck for a tenn of 48 ITOnths at
an interest cost of 12.25%. Councilman Whidden seconded and the ITOtion
carried with Councillran Hordyk voting "No".
V OJNSENT AGENDA
Councilman Hordyk moved the Council accept the items listed under the Consent
Agenda including Washington State Liquor Board correspondence and vouchers of
$916,200.35. Councilman Gerberding seconded and the rrotion carried.
VI A.
ITEMS FRCM THE AUDIENCE NCYI' ON THE AGENDA
None.
B. ITEMS FROM THE CITY COUNCIL NCJl' ON THE AGENDA
Councilman Haguewood questioned Finance Director Orton regarding a rurror he
had heard about the status of a utility custaner's overdue account.
Mayor Duncan indicated she had received several complaints regarding the
recently passed State fireworks legislation and had also had several requests
for a City-organized fireworks display and questioned if other CouncilIrembers
had received similar calls. During this discussion Councilman Quast
carpli.rrented the Parks Depart:rrent on their fast clean-up of the City Pier
after the Fourth's festivities; and requested the pier be policed in the
future as shooting off fireworks near the creosote pilings could create a fire
hazard. Fire Chief Glenn indicated shooting off of fireworks had been
prohibited on the City Pier.
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CITY COUNCIL l'iEEI'ING
July 20, 1982
VII LEGISlATION
1. Public Hearings
A. Six-Year Transportation Improverrent Program
Mayor Duncan opened the public hearing on the draft of the Six-Year Transpor-
tation Improvement Program and requested carmants or questions fran the I
audience or staff. Public Works Director Pittis briefed the Council on the I
Six-Year Transportation Improvement Program and indicated that due to lack of
funds the program may represent rrore of a "needs" list rather than what can
actually be accorrplished. He also indicated that the Port of Port Angeles had
requested that the construction of Milwaukee Drive from 18th Street west to
the City limits also be included in the City's six-year street plan. No
further ccrrrrents were received and Mayor Duncan closed the public hearing.
During discussion of the six-year street plan Councillran Hordyk requested the
Boulevard and Race Street projects targeted for 1984 be prioritized for 1983
in lieu of another project and Council discussed obtaining rights-of-way
necessary to begin on this project. Councilman Quast expressed concerns for
sources of funding for these street projects and suggested the Council
consider ilrplerrentation of the ~ of 1% local option sales tax as a revenue
source. He also requested that Fairrrount Avenue to "c" Street, targeted for
1986, be advanced if possible. The Council also discussed the Port's request
for the inclusion of Milwaukee Drive in the street plan and of the need for
camri.trrent for an extension to the Highway. After further discussion,
Councilman Hordyk rroved the Council prioritize the Race and Boulevard Street
projects for 1983 and target the Old Mill Road from Rhodes Road to the City
limits project for 1984; Councillran Gerberding seconded and the rrotion
carried. Councillran Quast then rroved the Council include the Port of Port
Angeles I request for the construction of Milwaukee Drive fran 18th Street west
to the City limits in the City's six-year street plan, target the project for
1988, and designate the funding source as "other" as the City has no funds for
this project. CouncillTlan Whidden seconded and the rrotion carried. Mayor I
Duncan then read Resolution No. 23-82 adopting the Six-Year Transportation
Improverrent Program and Councilman Hordyk rroved the Council adopt the
foregoing resolution as read; CouncillTlan Quast seconded and the rrotion
carried. Councilman Quast then rroved the Council hold a special rreeting
before the end of July to consider revenue sources for the street program.
The rrotion died for lack of a second.
B. Proposed Short Plat Ordinance
Mayor Duncan then opened the public hearing on consideration of the proposed
short plat ordinance and noted a change to Section 12 (2) from 10 to 30 days
for appeal from the Planning Director's decision of approval or disapproval,
and requested cannents or questions fran the audience or staff. Louie Torres,
on behalf of Clark & AsSOCiates, and Johnie Key, on behalf of the Harebuild-
er I s Association, both spoke in favor of the proposed ordinance. No further
comrents were received and Mayor Duncan closed the public hearing. Mayor
Duncan then read Ordinance No. 2217 by title, entitled
ORDINANCE NO. 2217
AN ORDINANCE of the City of Port Angeles
setting standards for the division of
of land into four or fewer lots and
specifying required utilities and
ilrproverrents for such division, adding
a new chapter to the Port Angeles
Municipal Code, and repealing
Ordinance 1923.
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councilman Polhamus rroved the Council adopt the foregoing ordinance as read by
title, with the proposed change to Section 12 (2) and Councilman Quast
seconded. Attorney Miller noted a typographical error on page 9, Section 15,
the reference to Section 14 (EI should be to Section 14 (51. The rrotion to
approve the ordinance as amended carried.
2. Planning Canmission Minutes from June 30 and July 14, 1982
Mayor Duncan reviewed the Planning Canmission l'tinutes of June 30 and July 14,
1982 with the following action being taken by the Council:
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CITY COUNCIL MElITING
July 20, 1982
conditional Use Penni.t - Noonan
Councilman Gerberding rroved the Council concur with the Plarming Cam\ission 's
reccmrendation to approve the Noonan application for a conditional use permit
to establish and operate a day nursery as a hare occupation at 217 West Tenth
Street, subject to the following conditions: 1) That the number of day care
children be limited to 12; 2) That one on-site parking space be designated for
visitors; and 3) That the requirements of the Fire Marshal are rret. He cited
the following findings of fact: A) The Hare Occupation does not introduce
noise, dust, srroke or other hazards in the neighborhood; B) As conditioned,
traffic congestion will not increase significantly; C) The mini-day care
center is not injurious or detrimental to abutting properties; and D) The
public health, safety, rrorals and welfare are not endangered by the Hare
occupation. Councilman Hordyk seconded and the motion carried.
Parking Variance - Convention Center
Councilman Whidden TIDved the Council concur with the Plarming Camlission 's
recarrrendation to approve the City of Port Angeles request to reduce the park-
ing spaces for the Convention Center from 409 to 292 and further reccmrenda-
tion that consideration be given to the additional 24 spaces available on the
west side of the pool, if needed, subject to the following conditions: A) The
parking lot arrangement layout is approved by the Public Works Depart:rrent;
B) Eirergency and maintenance access is mintained through the alley to the
east; C) Landscape plantings on the alley west of the Chase Driveway do not
exceed 20 feet mture height; D) Landscaping that provides a vegetative buffer
adjacent to non-governrnental uses and a landscaped area is provided adjacent
to Fourth Street; E) The canpleted building complies with Fire DepartIrent
requirements; and F) That the parking lot lighting be directed away fran
abutting properties. He cited the following findings of fact: 1) Based on
the public input received and consideration of the proposed amandrrents to the
parking ordinance allowing for canpact car stalls and smaller stalls for stan-
dard cars, the percentage reduction appears to be in keeping with convention
and corrmunity facility requirerrents of other cities, and the proposed parking
reduction is consistent with the use of the facility; 2) There will be sare
walk-in use of the facility because of the proximity to existing rrotels and
the nearby residential area; 3) Credit should be given for the bus drop-off
area adjacent to the swillming pool and the canopied drop-off area in Fourth
Street; 4) The proposed layout should reduce traffic hazards on Fifth Street
and it appears not to be detrimental to develq:rnent of the site. Councilman
Polhamus seconded. Councilman Hordyk opposed using the southwest comer of
Fourth and Chase as a parking area and suggested it be used as a green area
and discussed with staff the best rreans of assuring that this lot be desig-
nated as a green area. It was detennined that this could be a part of the
final design approval. On call for the question the rrotion carried.
Interpretation - Auctioneer in the CSO-Cl ccmnercial Zone
The Plarming Camlission interpreted that an auctioneer is not a canpatible use
in the CSO-Cl District, based on the intent of the Zoning Ordinance. Council-
!MIl Gerberding questioned in which zones an auctioneer would be allowed and
Council discussed the interpretation at length with Planner Carr. Councilman
Quast IT'OVed the Council remand this to the Planning Camlission with the reccm-
rrendation that an auctioneering establishment is being held as ccrrpatible in
the CSD-cl District; subject to a conditional use hearing, and Councilman
Whidden seconded. After further discussion the rrotion carried.
Interpretation - Foster Family Care for Adults in Residential
Zones in the City
Councilman Hordyk IT'OVed the Council concur with the Plarming Camlission
interpretation that foster family hares for adults with four or less unrelated
persons are permitted uses in both RS-7 and RS-9 Districts and Councilman
Polhamus seconded. Councilman Quast opposed the interpretation in part as it
did not exclude private care in exchange for rroney. Ken. .williams, repre-
senting the MctJilliams family, Ray Keeler, 817 "N" Street, Darol MCWilliams,
818 Sea!rount Drive, and Ella Hoelscher, 2131 West Seventh, spoke in opposition
to the interpretation and requested the Council reverse the Planning Ccmnis-
sian's decision. Toni Gallacci, DSHS, and Marty Peterson, a licensed foster
hare parent, expressed concern for the impacts on foster hares of requiring a
Conditional Use Pennit. In response to concerns raised Attorney Miller
indicated the City has no responsibilities for enforcing the restrictive
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CITY COUNCIL MEE.'rING
July 20, 1982
covenants of a subdivision; and that this should be handled through private
action. Councilman Haguewood expressed. concern for making a blanket inter-
pretation, pointing out that both sides to the issue had valid concerns. On
call for the question to concur with the Planning Ccmnission interpretation
the rootion was denied with CouncilnEn Hordyk and Polhamus voting in favor of
the rootion. Councilman Gerberding then rroved state licensed. adult foster care
hanes which are totally state funded or funded in an equivalent rate be per-
mi tted in an RS-9 Zone and the adult foster hanes which are not so funded be I
considered under the Conditional Use Permit process. The ootion died for lack -
of a second. After further discussion Councilman Quast rooved that Rest
Hanes, Nursing Hanes, or Adult Foster Care Hanes (as defined under RCW
74.08.044) be permitted under the Conditional Use Pennit process in the RS-9
zones and that the Council rem:md this interpretation to the Planning Ccmnis-
sion for their consideration. Councilman Whidden seconded and after discus-
sion Councilman Haguewood wished the Council to go on record as having a real
concern for the problem and hope that it be handled correctly under our exist-
ing ordinances. On call for the question the ootion carried with Counci1Iren
Hordyk and Polhamus voting "No".
Councilman Hordyk then rroved the minutes of the June 30, 1982 and July 14,
1982 Planning Ccmnission rreetings be accepted and placed on file. Councilman
Whidden seconded and the ootion carried.
A five-rninute recess was held.
3 . Adamson Rezone Ordinance
The Council approved the Adamson rezone at the July 6, 1982 IlEeting, and Mayor
Duncan read by title Ordinance No. 2223, entitled
,ORDINANCE NO, 2223
AN ORDINANCE ollhe City 0'
Po,t Angeles reclassifying
p,operty ot Ihe northeasl,
northwest, southeast and
southwGst corners of N~nth
and Lincoln Streef from RS-7
to CSD.C2.
WHEREAS, the Plo,nning of Ninth and Lincoln Streets fran RS-7 to
CommissioTl of the City of
Port Angeles has held 0 CSD-C2 .
public hearing a,nd recarde~ \
lts recommendation to ,ne CI~ . ..
Iy Council in Ihe Planning Hordyk moved the Counc~l adopt the foregomg ordinance as read by
Commission Minutes a. June uncilman Whidden seconded and Councilman Quast questioned Planner
9, 19B2.: and buff uld be 'eO. 1 Carr . d' ted th
W HER E AS, the r e - y ers wo reqtlll:'. P anner m lca ere were
I quirements 0' the Stale En- after further discussion the rootion carried.
vlronmenlal Policy Act have
been met: and
WHEREAS,. the City Coundl, ssion of Master Plan elerrents
otter Q publiC heaflng. f1n~s
thot soid rezone would be In
Ihe be.t inlere~t. of thedC;!" ,~ reviewed a merocJrandum fran the Planning De,"",>+ma~t listing the
and 01 it:S. citizens an m;l.l,,L ~ Io...I.L~.L
keeping wllh the Comprehen. ernents to be included in a Master Plan and identifying the steps
slve Plan' Now Therelore, h ter 1 Co 'lman Gerbe d. indo ted that
BE IT ORDAINED BY THE CI. prepare suc a mas pan. unCl r illg ~ca
TY COUNCIL OF THE ClTY~OF tigating conditions should be addressed. and included. as an elerrent
PORT ANGELES os follow>: 1 Th '1 d' ed th 1 f 1
Secllon 1. The Olllclol Zan- Pan. e c::ounCl lSCUSS e 7 ements '? a Master P an at
IngMop, Ordinance No. 2158, staff, hew It relates to the JohIue Key White Creek Park PRO
hnd ~rd:n'::~de~oio17cC:;a~~: 1) for which a Master Plan was required in the original annexation
I;;e Z~nlng a. Ihe following and the responsibilities of the City and developer. Johnie Key,
described property /rom RS.7, f th White C k k d th Co '1' th .
Single-Family Residential,. to ,e . r~ Par PRD, requeste e unCl, lssue 7 pernu.t
CSD.G, Community Shoppmg rlOr to requlrmg a Master Plan due to the costs mvolved ill
Di~~;crplus the east 3' allot the Master Plan for which a permit may never be issued. After
2, Block 291; Lots 17 and lB, cussion Councilman Gerberding rroved the Council add elerrent "E",
Black 268' Lot 10 plus the ~~, '~~ di' th f'" f 1 d-
rth 70' ~nd the wesl ~'of lyatiny Con tlons to e de l.tU.tlon 0 a Master P an an
~he .oulh 70' 01 Lot 11, BlohCk puast seconded. Councilman Polhamus questioned staff regarding the
269' Lot 9 Block 290; 011 In t e /. ,
To";nsile'ol Pori Angeles. 0 allow changes and or revlslons to a Master Plan and/or annexa-
Seclion 2. The Clly Clerk is mt due to the long time periods involved in these projects.
hereby directed to fiI. a ce,- " , , ,
tilled copy 01 thIs O,dlnance ler indlcated thlS could best be handled through a reV1Slon to the
with Ihe Cia 110m County esolution. After further discussion the ootion defining a Master
, A~~~~~'D by the City Council 1. Councilman Quast then ITOVed the Council adopt the amended
01 th. City 01 Part Angele.?t lart:ment definition of a Master Plan elements A _ E and steps
o ,.~ulor m_,ing of 50rd . . , .
Council II.ld on tile 20111 day lCllm3n Polhamus seconded and the ootlon carried.
01 July, Jb~ROTHY DUNCAN '
Mayor ?olhamus then moved that the Master Plan elerrents that have been
~~f:~:c, Pa,,;.h, City Cle,k lId be incorporated into the Annexation Resolution and the Council
Approved As To Form: :orney Miller and Planner Carr to draw up the necessary amen<lm:mts
Craig L Miller. City Attorney . / .
Pub,: July 28,1982 19 this and the tinung change prOVlsions previously discussed for
ORDINANCE NO. 2223
AN ORDINANCE of the City of Port Angeles
reclassifying property at the northeast,
northwest, southeast and southwest corners
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Oc.fJ(,-Oljo......_--:-i
"1'IDIlD^D '541"'1 '~Et~~:t6 t [:1EZI'ING
'UM04- 01 'S~.cq O/,E "J8 9
'Ulli'iS' 'oW/OSt$ '''lnpD
BJO-iOW ',\OJ.S JO Ma-!^ "PH
l,J IOJunoW onl8 ' pepnV.es
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'VOB'-E99 , of a subdivision; and that this should be handled through private
'\!' 0 d e p 'I' 0 I "'6' I I Councillnan Haguewood expressed concern for making a blanket inter-
, CS "p,oA P"'U"I "'01. " ., .
'~~OJolj,L~ll~~ lkJis 'jR C ~" pomtm~ out that both, s~des to the, ~ssue ~d ,:,ah~ concerns.. On
'Ja;"'p'JB450", "1'IO\.lOd 1 the quest~on to con= w~th the Plannmg Ccmniss~on mterpretation
'SiS'B^0!5 'OOI$'Jo!oJa6!JI"~ in was denied with Counci1Iren Hordyk and Pol.hanuls voting in favor of
~ 56U~~~~; :~6Ji~fg~ ..St n. Councilman Gerberding then rroved s~te licet;sed adult foster care
,'OSS '5JI04' 6UI4'IOW t ch are totally state funded or funded ill an eqtll.valent rate be per-
1'''1'10' ",aldoJp I10W5 'ootS ( RS 9 Z d th dult f te \...- wh' h t funded be
f'Mau "'III '10'011 UO! 'J104' (an - one an e a os r llUl'O::S ~c are no so
6UI4'IOW IIOWS 'l\l353^01 r under the Conditional Use Pennit process. The rrotion died for lack
, 6t9v-m ,nd. After further discussion Councilman Quast rroved that Rest
":)SIW;O SIOI 'Jo,ep ~ . Ad 1 ( d f' ed de
110'" "wBi, A'ID'I ',a,do, lrSillg Hares, or u t Foster Care Hares as e m un r RCW
Iwc '''I'ID' ""1l0' 'se'I'I II be permitted under the Conditional Use pennit process in the RS-9
j"O' pua '10"~"^01 'H:n~) . that the Council remand this interpretation to the Planning Conmis-
'I'JI04' 6u!,po~t~i~C9~d~01 their consideration. Councilman Whidden seconded and after discus-
6UI6uOH '0" illS '.dwOl cilman Haguewood wished the Council to go on record as having a real
~ '0" SVS ""1'101 ON3 t j , .
'IIS9HS' tr the problem and hope that ~t be handled correctly under our ex~st-
I 'oolS 'IAu!^ UMO''1146!1 ~ces. On call for the question the notion carried with Counci1Iren
',,,d,,als "'I' uB"nb :Hjn~ 'd pol.hanuls voting "No".
I 'ItOS"C89 'SiS '4,noo- [
\OJOII MOil"'" 'OSS '5jl04'
Vlel,!OI "H"uIP puno~' Hordyk then noved the minutes of the June 30, 1982 and July 14,
I Im"m... ~ing Conmission rreetings be accepted and placed on file. Councilman
"&110 .."'! jO 050, L "
6UI'I'D 'OSS$ P,od 'JOHiW econded and the rrot~on carr~ed.
\""^Ie~. 41!M PJDoqpo"4 l
InHlno"s 'pe,!J"IO'" "'!' .
"""nb 'j"MO'P 9 'Meu e~!l . e-rrunute recess was held.
I :1135 lsnw ~NI^OW I
\ .,nllu,n, r>1'" 1 dinan
PI"'I..nOH ~ ~.son Rezone or ce
i 'S"^,, 69iE-~St '&^015 I
.' 'OIDJ,,6!Jle' "aJI ,'O'J ~l approved the Adamson rezone at the July 6, 1982 rreeting, and Mayor
'CCOB.~S' 'sus 'UO!l!P ad by title Ordinance No. 2223, entitled
-uo:) IU8Ui;.:lxe 'JO~OJa6tJjaJ l
\'I/'n, il "OJ! ou lNIOdlOH
m8'~S' ORDINANCE NO. 2223
9J!^-J&S PUD -salos ~
, xmO~D313 I
9OC~-C99 'S~
AN ORDINANCE of the City of Port Angeles
reclassifying property at the northeast,
northwest, southeast and southwest corners
of Ninth and Lincoln Streets fran RS-7 to
CSD-C2.
Councilman Hordyk rroved the Council adopt the foregoing ordinance as read by
title. Councillnan Whidden seconded and Councilman Quast questioned Planner
Carr if any buffers would be required. Planner Carr indicated. there were
none, and after further discussion the rrotion carried.
4. Discussion of Master Plan elements
Mayor Duncan reviewed a merrorandmn from the Planning Department listing the
possible elements to be included in a Master Plan and identifying the steps
required to prepare such a master plan. Councilman Gerberding indicated. that
possible mitigating conditions should be addressed and included as an element
of a Master Plan. The Council discussed. the elements of a Master Plan at
length with staff, how it relates to the Johnie Key White Creek Park PRO
(Beacon Hill) for which a Master Plan was required in the original annexation
agreement, and the responsibilities of the City and developer. Johnie Key,
developer of the White Creek Park PRO, requested the Council issue the pennit
for a PRD prior to requiring a Master Plan due to the costs involved in
drawing up the Master Plan for which a permit may never be issued. After
further discussion Councilman Gerberding rroved the Council add element "E",
Possible Mitigating Conditions to the definition of a Master Plan and - 1-
Councilman Quast seconded. Councilman Polhamus questioned staff regarding the
best rreans to allow changes and/or revisions to a Master Plan and/or annexa-
tion agreement due to the long time periods involved in these projects.
Attorney Miller indicated this could best be handled through a revision to the
Annexation Resolution. After further discussion the notion defining a 1'laster
Plan carried. Councilman Quast then noved the Council adopt the amended
Planning Departrnent definition of a Master Plan, elements A - E and steps
1 - 5. Councillnan pol.hanuls seconded and the notion carried.
Councilman Pol.hanuls then rroved that the Master Plan elements that have been
adopted should be incorporated into the Annexation Resolution and the Council
directed Attorney Miller and Plarmer Carr to draw up the necessary amendrrents
incorporating this and the timing/change provisions previously discussed for
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CITY COUNCIL MEEl'ING
July 20, 1982
the Planning Ccmnission' s consideration. Councilman Gerberding seconded and
the notion carried.
Councilman Quast then requested staff draw up fino. definitions of the tem.
"improved streets" including arterial and collector streets.
5. Mutual Aid Agreerrent for Provision of Emergency Services to Areas of
Eastern Clallam County
Mayor Duncan reviewed a rrerrorandurn from Fire Chief Glenn regarding an
agreement to be entered into by Fire Districts #2 - #4, Sequim and Port
Angeles Fire Departrrents and the Olympic National Park Fire Service Division
for the provision of errergency services to areas of Eastern Clallam County.
Councilman Hordyk noved the Council authorize the Mayor to enter into and
execute the Mutual'Aid Agreerrent. Councilman Quast seconded and Councilman
Gerberding requested a yearly update on this agreerrent from Fire Chief Glenn.
On call for the question the notion carried.
6. Request from New Life House of Books for pennission to utilize
sidewalk area for sidewalk cafe
Richard Winters, managing partner of New Life House of Books, 116 East First
Street, addressed the Council regarding his request for pemission to utilize
the sidewalk area in front of his shop as a sidewalk cafe. Council1nen Hordyk
and Quast spoke in favor of allowing this type of use of the sidewalk with
possible limitations. The Council then concurred to consider this request in
conjunction with Item 11 on the legislation agenda - Consideration of arrending
sidewalk obstruction ordinance to allow for a pennitting process.
7. Utilizing Courthouse as Council rreeting site
Mayor Duncan reviewed Manager Flodstrom's rne.rrorandurn regarding relocating the
City Attorney's and Planner I s Offices in the current Council Chambers and the
Possibility of holding the Council rreetings at the Clallam County Courthouse.
Councilman Hordyk noved the Council authorize Manager Flodstrom to pursue the
use of other locations for the holding of City Council rreetings, Planning
Ccmnission, etc. Councilman Quast seconded and after further discussion the
notion carried.
8. Status Report of Health Self-Insurance and Professional Review Contract
Finance Director Orton updated the Council on the status of the City's Health
Insurance Program indicating that as the City is nON self-insured the primary
item that should be controlled is errployee utilization of health benefits. He
proposed the City contract for the services of a professional review of all
hospital bills submitted under our health program. The Professional Review
Organization is a non-profit corporation of physicians who would review the
health care received while an employee is hospitalized to assure that only
medically necessary care is being paid for by the City and that this care
Jreets professionally recognized standards of quality. The Council concurred
to authorize Finance Director Orton to prepare the authorizing resolution to
enter into such a service contract with the Professional Review Organization.
9 . Ordinance arrending Business License Application Period
The Council had considered this item at the July 15, 1982 Council rreeting.
Mayor Duncan then read Ordinance No. 2225 by title, entitled
ORDINANCE NO. 2225
AN ORDINANCE of the City of Port Angeles
relating to the issuance of business
licenses, arrending Section 5.04.040 of
the Port Angeles Municipal Code, and
Section 4 of Chapter 1 of Ordinance 2050.
councilman Quast llOved the Council adopt the foregoing Ordinance as read by
title; Councilman Whidden seconded and the llOtion carried.
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CITY COUNCIL MEEITING
July 20, 1982
10. Solar Water Heating Pilot Program
Mayor Duncan reviewed a rrenorandum from Light Director Cosens recx::mTEIlditlg
that Council consider implerrenting the Bonneville Solar Hot Water Heatipg
WOrkshop Program. Councilman Whidden attended the workshop and found it
extremely worthwhile and well presented. Mayor Duncan then read Resolution
No. 24-82 by title, entitled
RESOWI'ION NO. 24-82
A RESOWI'ION of the City Council of the
City of Port Angeles authorizing the
Mayor and City Clerk to execute a
contract between the City of Port Angeles
and Bonneville PcMer Administration' for
solar hot water heater workshops.
Councilman Whidden noved the Council adopt the foregoing Resolution as read by
title: Councilman Gerberding seconded and the notion carried.
11. Consideration of arrending sidewalk obstruction ordinance as discussed
July 15, 1982
At the July 15, 1982 special meeting the Council directed Attorney Miller to
present them with the draft of a street and sidewalk obstruction ordinance to
allow private, non-ccmrercial uses of the sidewalks subject to a permit
requirerrent. The Council discussed the arrended ordinance at length with staff
including the provision for inclusion of other types of use, such as the
sidewalk cafe as requested by Mr. Winters of New Life House of Books. The
Council made several recarrmandations for arrending the draft of the Sidewalk
Obstruction Ordinance, including provision for a processing fee, and directed
Attorney Miller to prepare an arrended draft ordinance for their further
consideration.
12. Report to Council on truck traffic on "M" Street
Hattie Berglund, Port Angeles, addressed the Council regarding her request at
the June 15, 1982 Council meeting for sorrething to be done about the noise and
traffic problem created by heavy utilization of "M" Street as a truck haul
route and requested the Council revoke the permit designating "M" Stret as a
truck haul route. Public Works Director Pittis indicated that M & R, the
primary user of "M" Street as a truck haul route, had canplied with the
conditions of the permit and did alternately use two other haul routes as the
work permitted. Mr. Hopkins, of M & R, indicated that due to the current
econany the mill felt it unfeasible to use the Truck Route for this job as it
would add 3 miles to the haul. He also indicated the mill would be willing to
lcok into the situation further to alleviate excessive use of "1'1" Street.
After further discussion the Council instructed Public Works Director Pittis
to work with Mr. Hopkins of M & R to cane up with sane alternate haul routes
to alleviate the noise problems on "M" Street.
VIII lATE ITEMS
1. Request for use of Public Pier for Derby Days Festival
Manager Flodstram indicated the Council had received a request for the use of
the Civic pier for Derby Days festivities. The Council concurred to refer
this request to the Parks Deparbrent and Parks Camlission for scheduling of I
the Civic Pier for Derby Days festivities.
i 2. Utility Advisory Camlittee Meeting
Light Director Cosens requested a Utility Advisory Cam1i.ttee meeting be
scheduled to discuss WPPSS, pilot weatherization changes, schedule of October
rate increase, and residential exchange agreements. The meeting was scheduled
for July 27, 1982, at 5:00 P.M.
3. Acting City Manager - July 26 - 30
Manager Plodstram indicated he would be on vacation the week of July 26th
through July 30th and had appointedpinance Director Orton as Acting City
Manager during that tiIre period.
I
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I
I
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315
CITY COUNCIL MEETING
July 20, 1982
IX ITEMS FROM THE AUDIENCE AND/OR CITY COUNCIL NOr ON THE AGENDA
Hattie Berglund questioned staff regarding the City of Port Angeles Convention
Center variance for a reduction in parking spaces.
Mayor Duncan requested the Council set a time to discuss the budget presenta-
tion rrade at the July 15, 1982 rreeting. The Council =n=red to continue
this meeting to July 21, 1982, 7:00 P.M., in the City Council Chambers for
consideration of this item.
Councilman Quast canplimented the Daily News for the Senior Citizen
infonnation insert in a recent issue and urged people with an extra copy of
this to pass it on to a senior citizen.
X ADJOURN TO EXOClJI'IVE SESSION
Mayor Duncan adjourned the meeting to executive session at 11:00 P.M.
XI REl'URN TO OPEN SESSION AND CONTINUANCE
The meeting returned to open session at 11: 10 P.M. and was continued to July
21, 1982, 7:00 P.M. in the City Council Chambers.
~.f-"---' ~. ~
Clerk
~"~
L - yor pr
ORDINANCE NO. 2222
AN ORDINANCE of the City of Port Angeles setting stan-
dards for the division of land into four or fewer lots ond speci-
f}:ing required utilities and improvements for such division. ad.
ding 0 new chapter to the Port Angeles Municipal Code, and
repeoling Ordinance 1923.
Section 1 fl'URPOS€ AND INTENT. The ,purpose of this Or-
dinance is to provide uniform regulations for the subdivision
and resubdivision of land into fOUf or less parcels. so as to pro.
mote the public health, safety and general welfare. It is fur'
ther the purpose of this Ordinance to implement the Com.
prehensive Plan of the City of Port Angeles; to comply with the
requirements of the Zoning Ordinance of the City of Port
Angeles; to insure orderly growth; to promote effective and
, energy-efficient use of land; to prevent overcrowding 0' land;
- to provide 'or adequate light and ai...; to promote safe and con-
venient travel and lessen congestion on st....eets and highways;
to provide for proper ingress and egress; to insure adequate
provision for water, sanitary wastes, porks and recreation
areas, sites for schools. and other public requirements; and to
, require uniform monumenting of land subdivisions and con-
veyancing by accurate legal description. I
Section 2 AUTHORITY. This Ordinance is adopted pursuant
to the autnority granted to tne City of Port Angeles by ROO
58,17 .060,
Section 3 DEFINITIONS
1. "Block," A group of lots, tracts or parcels within well-
defined and fixed boundories.
2. "City:' The City of Port Angele-s.
3. "Dedication:' The deliberate appropriotion of land by on
owner for public uses, reserving to the owner no other rights
tnan such os are compatible- with the full exercise and enjoy-
ment of the public uses to wnich the property has been
~:vno;~~~ ;~: ~~~:~~~~;~t 1~~~~~~~ ~7~'F~:ai;~~~~~~~t ~t~:~
ing the dedication thereon, and acceptance of the dedicotion
by the City sholl be evidenced by the approval of such Final
'Short Plat.
4. "Final Short Plot." The final drawing of the si'\ort subdivi-
sion, contoining 011 the elements and requirements set forth in
Section 15.
5. "lot." A fractional port of divided land with fixed boun-
daries. The term shall include tracts or parcels.
6. "pranning Commission:' The Planning Commission of the
City of Port Angeles os designated in Choprer 2.36 of the Port
Arigele$: Muni~ipol Code. .-
7. "Planning Deportment:' The Planning Deportment of the
City of Port Angeles.
\ 8. "Preliminary Short Plot," An approximate drawing of a
sl10rt subdivision showing the general layout of streets and
alleys, lots, blocks and other elements of the short
subdivision.
9. "Short Subdivision." The division or redivision of land into
four or less lots, tracts, parcels, sites or divisions for the pur-
pose of sale, lease or transfer 0' ownership.
Section 4 APPliCABILITY. A Finol Short Plat, approved in ac-
cordance with the provisions of this Ordinance and filed with
the County Auditor, is required for all short subdivisions within
the City 0' Port Angeles, and no lot, tract, or parcel within any
short subdivision shall be sold, leased or Its ownership
tronsferred, without compliance with the terms of this
Ordinance.
Section 5 APPLICATION FORMS.
(1) An application for approval of a preliminary short plot
sholl be submltt~d to the Planning Deportment on 0 form fur-
nished by tnat Deportment, accompanied by the preliminary
(2;~i!:oPPHtot'on fONn-shoJl.conta!n, at ~ minimum: :
(A) The name, address and telephone number of the-appll~
cant and/or property owner;
(6) A legal description of the property to be subdivided;
(C) A s'atement of the underlying zoning;
(0) The proposed methods of serving the Indjvjduallots in
th" short subdivision with weter, sewer, streets and other
pllblic utilities;
(E) The purpose of the short subdivision; and
(F) If requested by the Planning Department, the name, ad-
dress and telephone number 0' the owner(s) of 011 adjacent
un~)~h~ ~;;I~~~tion form shall be accompanied' by she (6)
copies of the preliminary short plat, the application fee and, If
ap~';c~~~e'sh:r;P~~~~~:il~~. application fee shall be In an
amount os may from time to time be determined by the City
Council by resolution. No such fee shall be ....e.undable, after
acceptance of on applicatlon by the Planning Department.
Sed;on 6 CONTENTS OF PRELIMINARY SHORT PLAT. The
preliminary short plot sholl be a neat drawing, In ink, to 0
scole of not less than 1" to 100', on 8% x 11 or larger paper,
and shall provide the following information:
1. The dote. sc:ole_ ol"lld "Nl'lorth" nrr....""
/"" ",,,,,,,nUl y soon plOt snail be a neot drawing. In ink, to Q
scole cfnot less than 1" to 100', on 8Y2 x 11 or larger paper,
and sholl provide the following information:
1. The dote. scale, and "North" arrow.
d:di~~e :1~U~~~;i;:oo~sth~n~I~~~:So;~:':~g oS~~~jtd. t~~
subdivider.
3. A legal description of the property being subdivided.
4. Identification. dimensions and areG of all proposed lots.
05. The name and location of existing and proposed public
rights-af.way.,
6. The location of existing and proposed easements.
7. The proposed building setbacks on eoch proposed vacant
lot.
8. The location of existing buildings and mojor structures
and their distances from property lines.
9. The location of existing natural feat,ures, such as streams,
rivers, wetlands, shorelines, drainage ways, ravines and
steep slopes.
10. The location and size of existing utilities, including
water, sewer, storm drains, and fii'e hydrants.
Section 7 DESIGN STANDARDS. All preliminary short plots
shall conform to the following design standards:
(I) RIGHT.Of-WAY ACCESS.
A. Each lot shall abut on a dedicated, improved and main-
tained City street. Such street shall connect directly to an ex-
isting improved street.
8. If the abutting right.of-way does not meet minimum width
standards, additional right-of-way sholl be required in accor.
dance with the requirements of the Public Works Deportment.
(2). lOT DESIGN.
A. The minimum area shall be equal to or greater than that
required by Ordinance No. 1709 os now enacted or hereafter
amended.
th='r:~:i::~m/r:~r;' a~1~~:rh;~r~es~~ba~k~a~f~:tfg~:e~~tween
C. The minimum width, measured at the mid-point between
the front and rear yard setback lines, shall be as required by
Ordinance No. 1709 as now enacted or hereafter amended.
(D) (i) P'anhandle or dog-leg lots may be permitted if the
orifJinal parcel -has insuffkil;m.t width to rea_sonably provide
~:r~~rl~tf ~~~h :1~t~d~~~rt~;~~h~~o~~wr~a:~~b7:lk:II~~~'~~:-:~-
standard rights.of-way could be provided In cooperation with
abutting Rroperties.
(il) Eacl1 such panhandle or dog.leg lot sholl meet tl1e follow-
ing criteria:
1. The panhandle shall have a minimum width of 20 feet and
sholl serve no more tnan one lot.
2. The required lot area shall not inell/de any portion of the
panhandle.
(3). NA TURAl FEATURES. The lots and lot arrangement shall
be such that no forseeable difficulties will be created, due to
topography and other natural conditions., for the securing of
building permits to build on all lots in compliance with Or-
dinance No. 1709, as now enacted or hereaher amended, and
011 other applicable regulations.
(4). lARGE LOTS. Where property is su.bdivided Into lots
which are of sufficient size to be resubdivlded, the 10ls and
stroets sholl be arronged so as to permit later resubdivision in
conformance with Ordinance No. 1709, os now enacted or
hereafter amended, Ordinance No. 1631. as now enacted or
hereafter amended. and this Ordinance.
Section 8 ROUTING AND STAFF RECOMMENDATIONS.
(1) Upon receipt of an application and preliminary short pIal
d~~~Z~~9 ~~: r~1~~~~;nl~e~~~~~~~s ~~~lIan~i~r%utt~S ~r;
preliminary short plat fo the following departments:
A. City Public Works Department;
B. City light Deportment;
C. City Fire Department;
D. ClaUam County Health Department if a septic tonk and
dralnfield is to be used.
E. Any other appropriate Department or Agency.
(2) Each Department or Agem;:y shall review the preliminary
short plat and return written recommendati.ons for approval or
disapproval of the preliminary short plat, and, if appropriate.
proposed conditions for approval, to the PlannIng Department
within thirty (30) c.alendar doys.
Sadion 9 REQUIREMENTS FOR APPROVAL. Prior to acting on
the preliminary short plat, the Planning Director sholl review
the application for preliminary short plat approval. tl1e
preliminary short plat, and any information received pursuant
to Section 8, to determine the complian~e of the preliminary
short plat witl, the following requirements:
I. Necessary drainage ways or storm drain facilities must be
adequate to serve the short subdivision. os determined by tl,e
Department of Public Works.
2. The provision of streets and rights.of.way must be ode-
quato to serve tl,& short subdivision and comply with Sections
7 and 1-4 of tl1ls Ordinance, as determined by tl1e Departments
of Public Works and Planning.
3. Water supply and fire protection facilities must be ade-
quate to serve the short subdivision and comply with Section
14 of this Ordinance. os determined by the Departments of
Public Works and Fire.
4. Sanitary sewer facilities must be adequate to serve the
short subdivision and comply with Section 14 of this Or-
dinance, os determined by the Deportment of Public Works; or
Il septic tank system must ha....e been approved by the Oallam:1'-"'""'
Co~.nih~:h:;;~:b:II~:.~o~a:~~Larran ament must~~mply with
m-e-Pl:!"lrcies of the Comprehensive pron and furtller the attain-'
ment of the Obiedives and Goals of the Comprehensive Plan.
6. The proposed short subdivision must be compatible with
existing and planned development of the surrounding area.
7. The proposed lots must comply with the requirements of
Ordinance No. 1709, os now enacted or hereafter amended,
and Section 7 of this Ordinance. .
Section 10 PRELIMINARY SHORT PLAT APPROVAL,
1. Within Torty (40} calendar days of receipt of the appllea-
:ii~~~~~fo~l~nen~nu~~~r~~~~~h:~~:e~;t:~d:e~~r~fe::I~~~::f:~~
community have been made and shall further determine if the
public use and interest will be serve~ by approvi~g tho
preliminary short plot. based upon compliance With Sections 1,
5 and 9 of this Ordinance.
'2. Btlsed upon that determin~tion, tl,e Planning Director
shall appro"Ve, approve with conditions. o~. ~isapprove tl1e
preliminary short plot: or may return the prelimInary snort plot
10 the applicant for modification, if significant revisions of tl1e
preliminary short plat are required. .. .
3. The decision of the Planning Director sholl be In Writing,
directed to the applicant and/or property owner, <,Jt t~e ad-
dress shawn in the application, and sholl set forth fmdlngs of
fact supporting the decision.
Section 11 EFFECT OF APPLICATION APPROVAl. Approval,
or tlpproval with conditions, of a preliminary short plat shall
authorize on applicant and/or property owner to pro~eed with
the preparation of the final short plat.
Section 12 APPEALS.
1. Any person aggrieved by the decision of the Planning
Director under Section 10 may appeal the decision to the Plan.
ning Commission. "
2. Appeals sholl be submitted to the Plannmg Department m
writing within thirty (30) days following the.date of moiling the
decision to the applicant. .
3. Tf1e Planning Commission sholl hear- the appeal at Its next
possible publle meeting and tl1ereupon make 0 re~ommend~-
tion to the City Council to upl1old. reverse. a! r~'ll:ldlfy tile deel-
sionr based upon tne compliance of the prellmlnory short plat
with the requirem,ents of this Ordinance. Such recommenda.
tion sholl include written findings of fact. _~"
.t. The City Council, at its next possible publ~1= meeting
following receipt of the Planning Commission's recommendo-
lions. may adopt, reverse, or modify 1tt. "on".i"'g Commi.J.
sion's recommendction-s and shell set forth written findingc'bf
ICId.
SeClion 13 TIME LIMIT FOR filiNG Of A fiNAL SHORT PLAT.
(1) Wi'hln two (2) years of the Planning Directors approvol
of CI pretiminary snort plat, the applicant end/or property
owner shall submit 0 Hnol short plat to tne Planning Depart.
menl, which is in compliance with the approved preliminary
shQrt plat.
(2) Prior to the expiration of said two.year period, tke appli-
cant or property owner moy request. in writing. for good
cause, a one-year exten$ion o~ 'kG pe-riod within which c final
short plot must be HIed. The Planning Director shell act on such
request within ten (lQ) doys. Clnd may grant the extension. if
good coYse is shown. Appeal from denial 0' the requested ex.
tension sl1alJ b. governed by the provisions. of S9Ctlon 12 o~
tnis Ordino"ce.
~,'I~.!9WI'''19dIl..mml'''''I1Prii.P<ll*&liD..~.li~
two years or an c-pprcvea-or'li~~~.t"
the preliminary short plot approval.
Seclion 1~ PHYSICAL IMPROVEMENTS. The following im.
provements sholl be mode or ins tolled for each 101 created by
the sl10rt subdivision. before finalthort pia. approval:
1. Water mains and other appurtenooces necessary to pro4
vide odeqlJote supply and fire protection, os determined by
the Public Works and Fire Departments.
2. Sanitary sewer, or approved 5eptic tank and droinHeld
site.
3. Power. telephone, television cable ond all other
necessary u,jli1ies.
4. Appropriate dedications or easements if required.
5. If the principal frontage street fumishing access to a new.
ly creoted lot is s~bstandard for an improved street of 11$
classification, then an approved street sholl be provided prior
to approval of a final short plat. The street shoJi be const....ucted
on the frontage o.f the newly c:reoted lofs, brought to line and
grade of odiocent streets. olld be surfaced at minimum with
asphalt;-c concrete of not less tl1an twenty feet w~dth with four.
~oot s.houlders on the unimproved sfde of tile roadway; or con-
structed to the level of improvement of the adjacent street,
whJ.chever is gre-otet.
Section 15 PERFORMANCE BOND. Performance bonds may
be accepted in lieu of construction of the required im.
p,ovements 01 Section 14(5), subject 10 Ihe app,ovol 01 the City
Engineer as to omount ofld the City Attorney os to form and
con'tent.
Section 16 CONTENTS OF fiNAL SHORT PLAT.
(1) Upon completion of physico I improvements as required
by Section 14. or acceptance of a bond under Section 15. a final
short pial may be submilled 10' approvol.
(2) The fino I short plot sholl be an e'ghleen (18) inch by
'wenty-four (24) inch permanent reproducible mylar, and shall
be ot 0 scale 01 not less than one hund,ed (100) leello one (1)
inch. The final short plat and si)( (6) poper copies shall be ac-
companied by 0 report containing aCCUf"ote square.footage
and dimensions of each lot and block Clnd the -coordinates of
each monument, a title report. and sholl illclude 0 warranty
tl'lo' all csses.smGllts in favor of the City nClve been pClid, The
final short plot and survey sholl be based on the WO$hi"gton
Coordinote System. North Zone. and sholl show the following:
A. Permanenf control mon'-Jments to which -all dimensfons.
bearings, azimuths and similar data on the ptat ore referred.
B. Subdivision boundary lines, right-of-way lines.
easements, lot lines with accurate dimensions, bearings or
ozlmut"s, radii, cent.-ol angles, and lengths of all curves.
C. Nome and rlght.of-way WIdth af eocl1 street. Any street
not dedicated to the publi( must be $0 marked on the face o'
Ihe plot.
O. loca1ions. dimensLons and purpose of 011 easements.
E. Indenfifi.cation of eocl1lot.
F. Purpose for which sites ore dedicated to the public.
G. Location Qlld description of 011 monuments,
H. The title under which the subdivision i$ to be rec;:ordad,
true north cnd grid nortl1 arrow-s. scale, and legend.
l. Legal description 0' the land to be protted.
J. Certification by registered land surveyor as to the ClC-
curacy of plat and survey.
K. Certificate by owner(s) dedicating foods, rights.of.way.
Cl'Qsements and any sites for public purposes. "
L Certiiication ot approval by: {a} The Planning Director: (b)
The Pvblic Works Director: and (c) The light Deparfment
Director.
M. Certification by the County Treasurer tt1at an state and
(ovnty toxe$ levied against the lond to be subdivided have
been paid in full.
N. Certification of filing by CO'-J.nfy Auditor.
O. If improvements are to be bonded rather than actually In4
s'alled prior to frnal plot approval. the plat sholl show a nota-
tion as follows: "Na occuponcy of dwelling units will be allow-
ed until 011 roadway.and utility improvements hove been CO~4
-pieted and "approved by fh"e' City cr'igYneer:-' - .^'Y' _-:...- ----
Section 17 ROUTING OF TIfE FINAL SHORT PLAT.
(1) Upon receipt of c finol sl10rt plat. the Planning Depart-
ment shall eirculote the final short plot to the following
Departmonts:
A. City lighl Depo,tment;
8, City Public Works Deportment;
(2) If the finel short pfat camplies witl1 the requirements of
this Ordinance and the approved preliminary short plot, the
Department Head sholl signify approval by $igntng on the face
of the linol short plot.
(3) In the event the final sl10rt plat fails to comply with
specific standards or conditions of preliminary plat approval.
,he Department shall so notay the Planning Director in writing,
Section 18 FINAL APPROVAl.
(1) Within twenty (20) working days. of receipt of the propos.
ed final short plat the Planning DIrector sholl:
A. Review 'the tinal short plClt for compliance with
preliminary plat conditions.;
e, Review the comments and recommendations of an ap4
propriate Oeparfmenh: ond
c. Ascertain from tno P'-Jblic Works Department that the re4
quintd pl1ysical improvements. in accordance with Se-ction 14.
hove been rn:!itolled or financial se<:urtty has been provided
'therefor.
(2) If the Planning Director is sa'tisfied that 011 of the above
hove been met. then he .holl app'ov. Ihe flnolsho,' plot by of-
fixing his signature to the face thereof.
(3) If one or more of tl1ese requirements tor approval is not
met, he shall notay the opplicont ond/Qr property owner in
writing of the reasons for withholding approvar of 'the final
.hort plat.
{4} Appeal from the Planning Director's decision shall be
mode in accordance with Section 12.
Section 19 FILING OF FINAl SHORT PLAT. The appllcont
and/or property owner and/or surveyor st,oJl Hie the finol
short plot with 'the Clollam Couniy Auditor's Office wifhin ten
(10) colendar days of the dole 01 the Plonnlng Di,eclo,'. ap. I
proval. The final short plot sholl not be deemed approved by
the City until recorded.. A copy of tile .-ecorded document shall
be- submitted to the Planning Departmel"lt within te'" (10) ealen.
do, days olllllng.
UUf UUY5 OJ 'III n9.
Sectkm 20 RESUBDIVISION BY SHORT PLAT PROHIBITED -
TIME LIMIT. Any lot In on approved final short plat may not be
resubdivided pursuant to the terms of this Ordinance for 0
period of five (5) years subsequent to the filing of the finol
shor~ plat. Such resubdivision may only occur pursuant to the
procedures of Ordinance 1631, os now enacted or hereafter
amended, during that period.
Section 21 INJUNCTIVE ACTION TO ENFORCE ORDINANCE.
Whenever any parcet of land within the City of Port Angeles is
dlvlded into four or less lots, trocts, or parcels of land, and any
person, firm or corporation or any ogent of them sells or
t~Qnsfers. or offers or advertises for sale or transfer, any such
lot, tract, or parcel. without having 0 final short plat of such
.hort subdivision filed for record in accordance with the terms
of this Ordinance, the City Attornev sholl commence an action
to restrain and enjoin further sale or transfer of such lots,
tracts, or porcels, or offers for sQ1e or transfer for such lots,
tracts, or parcels, and to compel complete compliance with all
provisions of this Ordinance. The cost of such action shaH be
taxed against the person, firm, corporation or agent selling or
transferring the property.
SECnON 22 PENAL TV IENFORCEMENT. Any person, fi rm,
corporotion, or association or any agent of any person, firm,
corporation, or association who violates any provision of this
Ordinance relating to the sale, offer to sell, lease or tronsfer
of any lot, troct or parcel of land in a short subdivision, shall be
guilty of a misdemeanor, and each such sole. offer for sale,
lease, or transfer of each separate lot, tract, or parcel of land
in violation of any provision of this Ordinance shall be deemed
o separate and distinct offense. Each such oHens. may be
penalized by 0 fine of up to $500 or ninety (90) days in jail.
SECTION 23 SEVERABILITY. If any provision of this Or-
dinance, or its application to any person or circumstance is
held invalid, the remainder of the Ordinance, or the opptica-
tion of the provision to other persons or circumstances is not
affected, and to thls end the provisions of this Ordinance are
declared to be severable.
SECTION 24 CODtFICATlON. Sections 1 through 2:2 of this Or-
dinance shall constitute Q new Chopter in Title 16 of the Port
Angeles Municipal Code.
SECTlON 25 REPEALER. Ordinance 1923 is hereby repeaJed.
SECTION 26 EFFECTIVE DA fE. This Ordinance shall toke ef.
feci os provided by low.
PASSED by the City Council of the City of Port Angeles at a
regular meeting of said Council held on tho 20th day of July,
1982.
A TIEST:
Morion C. Parri~.h. City Clerk
APPROVED AS TO FORM:
Craig l. Miller. City Attornev
Pub.: Aug. 5, 1982
More legals on page A7
DOROTHY DUNCAN
Mayor