HomeMy WebLinkAboutMinutes 09/21/2010•
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CALL TO ORDER -
SPECIAL MEETING:
ROLL CALL:
CLOSED SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CITY COUNCIL MEETING
Port Angeles, Washington
September 21, 2010
Deputy Mayor Perry called the special meeting of the Port Angeles City Council to
order at 5:00 p.m.
Members Present:
Members Absent: Councilmember Mania.
Staff Present:
Mayor Di Guilio [via speakerphone], Deputy Mayor
Perry, Councilmembers Collins, Downie, Kidd, and
Nelson.
Manager Myers, Attorney Bloor, Clerk Hurd,
T. Gallagher, D. McKeen, N. West, Y. Ziomkowski,
B. Coons.
Based upon input from Attorney Bloor, Deputy Mayor Perry announced the need
for a Closed Session for approximately 45 minutes under the authority of RCW
42.30.140(4)(b), for the purpose of planning or adopting strategy to be taken by the
City during the course of collective bargaining. The Closed Session convened at
5:03 p.m.
The Closed Session concluded at 5:45 p.m. No action was taken,
The special meeting was adjourned at 5:45 p.m.
Deputy Mayor Perry called the regular meeting of the Port Angeles City Council to
order at 6:00 p.m.
Members Present: Deputy Mayor Perry, Councilmembers Collins, Downie,
Kidd, and Nelson.
Members Absent: Mayor Di Guilio and Councilmember Mania.
It was moved by Collins and seconded by Kidd to:
Excuse the absences of Mayor Di Guilio and Councilmember Mania.
Motion carried 5 -0.
Staff Present:
Councilmember Nelson led the Pledge of Allegiance to the Flag.
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Manager Myers, Attorney Bloor, Clerk Hurd, G. Cutler,
T. Gallagher, D. McKeen, N, West, Y. Ziomkowski, T.
Pierce, C. Delikat, D. Bellamente, B. Coons, and K. Neal.
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CITY COUNCIL MEETING
September 21, 2010
CEREMONIAL 1. Constitution Week
MATTERS/
PROCLAMATIONS/ Deputy Mayor Perry presented a proclamation to Jaydee Price, Chairman of the
& EMPLOYEE Michael Trebert Chapter of the National Daughters of the American Revolution,
RECOGNITIONS: recognizing September 17 -23, 2010, as Constitution Week.
PUBLIC COMMENT:
WORK SESSION:
2. Volunteers in Medicine of the Olympics (VIMO) Week
Deputy Mayor Perry presented a proclamation to Craig Johnson, Vice President of
Volunteers in Medicine of the Olympics, recognizing September 19 -25, 2010, as
Volunteers in Medicine of the Olympics Week.
John Wright, 824 Caroline Street, spoke regarding his building permit issues with
the City, and distributed email correspondence with City staff members to the
Council.
Alice Donnelly, 506 North Jones Street, spoke in favor of the Civic Historic
District.
Bev Hawes, 242 Wye Road, Joyce, provided a summary of the 2010 Olympic
Peninsula Senior Games.
Joseph Neves, 1702 Melody Circle, #316, spoke in favor of the Civic Historic
District and taking the Old Fire Hall property off of the City's surplus property list.
1. Civic Historic District
Michael Houser, State Architecture Historian with the State Department of
Archeology and Historic Preservation, discussed the City and County's current
application for a Civic Historic District designation on the National Register, for the
three buildings on Lincoln Street including the Clallam County Courthouse, the old
Fire Station, and the Carnegie Library.
He conducted a PowerPoint presentation on the National Register of Historic
Places. He described the National Registry's designation process and timeline. He
listed some of the needed criteria and discussed some common myths people have
regarding the designation. He stated that the designation comes without any strings
attached and can happen without approval from the property owner when it is a
publicly owned property. Council discussion followed.
2. Lincoln Park — Airport Issues
Doug Sandau, Port of Port Angeles Airport and Marina Manager, provided a
summary of the history of the Port's and City's cooperation to provide a safe
approach for the William Fairchild Airport. He described the proposed approach to
Runway 26, and discussed the tree obstructions at Lincoln Park. He stated that the
current approach was not cost effective for small airline companies such as
Kenmore. He said that 39 to 45 trees needed to be removed from Lincoln Park, as
well as the development of a master plan for the Park to create short and long -term
solutions. Council discussion followed.
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WORK SESSION:
(Cont'd)
Break:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
CITY COUNCIL
REPORTS:
It was moved by Downie and seconded by Nelson to:
Authorize City Staff to work with the Port of Port Angeles to remove 39 to 45 trees
at Lincoln Park and that a master plan for the Park get underway next year to be
completed sometime in 2012.
Motion carried 5 -0.
3. Civic Field Facility Assessment
CITY COUNCIL MEETING
September 21, 2010
Streets and Parks Superintendent Delikat conducted a PowerPoint presentation
regarding the Civic Field facility assessment completed by Bruce Dees &
Associates. He described the original construction, renovation, and upgrades of the
facility. He discussed the necessary improvements needed, and described the cost
ranges for the different replacement and maintenance options. He stated that it
would cost between $3.2 and $6.8 million to improve Civic Field, and if no
improvements were made, the ability to hold day and night events would be
affected. Council discussion followed.
Manager Myers stated that public involvement is a key part of addressing the
improvements needed at Civic Field, and suggested contacting community partners
who use the facility.
It was moved by Nelson and seconded by Collins to:
Refer the issue to the Parks and Facilities Oversight Committee for formulating a
recommended course of action to bring to the full Council for consideration.
Motion carried 5 -0.
Deputy Mayor Perry recessed the meeting for a break at 7:18 p.m. The meeting
reconvened at 7:29 p.m.
None.
Councilmember Downie spoke regarding his attendance at the Peninsula Regional
Transportation Planning Organization Executive Council and Policy Board
meeting, stating that their list of top 20 transportation projects still included three of
the City's top transportation projects.
Councilmember Collins spoke regarding the Economic Development Council
meeting and the Shoreline Master Program Update open house meeting.
Councilmember Kidd spoke regarding the Recreation Division's Daddy and
Daughter dance.
Councilmember Nelson spoke regarding her attendance at the groundbreaking of
House #11 of the Future Builders Program.
Deputy Mayor Perry had no report.
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CITY COUNCIL MEETING
September 21, 2010
CONSENT AGENDA:
Ordinance No. 3410
Deputy Mayor Perry pulled item F4, Combined Sewer Overflow Loan Application
— Fiscal Year 2012, from the Consent Agenda to Other Considerations at the
request of Councilmember Kidd.
It was moved by Collins and seconded by Nelson to approve the Consent
Agenda to include: 1.) City Council Minutes for August 10, 31, and September 7,
2010; 2.) Expenditure Approval List: 8/28/10 to 9/10/10 for $1 ,357,075.25; 3.)
Dept. of Ecology Municipal Stormwater Capacity Grant Acceptance; 4.) Utility
Advisory Committee — Medic 1 Representative Appointment; 5.) Utility retail Rate
& Fee Adjustments — Set Public Hearing; 6.) Material Purchase: Transformers,
Award Contract LO -10 -2009; 7.) Surveying Services Contract; 8.) Final
Acceptance — Cable Restoration Phase 1I, No. CL02- 2009; 9.) Surplus Vehicles &
Equipment for Disposal. Motion Carried 5 -0.
ORDINANCES NOT 1. Voluntary Separation Program
REQUIRING PUBLIC
HEARINGS: Human Resources Manager Coons described the Voluntary Separation Program,
including the 2011 budgetary impacts, financial incentives, and program waiting
Ordinance No. 3409 periods and deadlines. Council discussion followed.
Deputy Mayor Perry read the Ordinance by title, entitled,
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ORDINANCE NO. 3409
AN ORDINANCE of the City of Port Angeles, Washington, approving
the Voluntary Separation Program.
It was moved by Kidd and seconded by Nelson to:
Waive the second reading.
Motion carried 5 -0.
It was moved by Nelson and seconded by Kidd to:
Adopt the Ordinance as read by title.
Motion carried 5 -0.
2. Facade Improvement Program — Ordinance Amendment
Economic and Community Director West described the amendments to the Facade
Improvement Program Ordinance, stating that some clarifications needed to be
made to some of the eligibility criteria and tax assessment sections. He asked
Council to waive the second reading of the Ordinance due to some final project
signatures waiting on the Ordinance Amendment. He informed Council that staff
was diligently preparing to have another round of grants this year. Council
discussion followed.
Councilmember Collins inquired about abstaining from the vote due to his
involvement in an earlier round of grants with the program. Attorney Bloor agreed
that Councilmember Collins should abstain.
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ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont' d)
Ordinance No. 3410
RESOLUTIONS NOT
REQUIRING PUBLIC
HEARINGS:
OTHER
CONSIDERATIONS:
PUBLIC HEARINGS —
QUASI- JUDICIAL:
Deputy Mayor Perry read the Ordinance by title, entitled,
None.
Motion carried 5 -0.
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ORDINANCE NO. 3410
AN ORDINANCE of the City of Port Angeles, Washington, amending
Ordinance 3373 establishing the Facade and Signage Improvement
Program.
It was moved by Downie and seconded by Nelson to:
Waive the second reading and Adopt the Ordinance as read by title.
Motion carried 4 -0, with Councilrnernber Collins abstaining due to his
involvement with a previous round of Facade and Signage Improvement
Program grants.
4.) Combined Sewer Overflow Loan Application — Fiscal Year 2012;
Councilmember Kidd read sections of the staff report included in the Council
Packet. She explained that the public deserved an explanation of the loan
application because of the financial burden on Port Angeles taxpayers. She stated
that this was Port Angeles' largest unfunded mandate. Council discussion
followed.
It was moved by Downie and seconded by Collins to:
CITY COUNCIL MEETING
September 21, 2010
Authorize the Mayor to sign the Fiscal Year 2012 Funding Cycle Application
certification, in an amount not to exceed $10,000,000. In addition, if a grant or loan
is approved, authorize the Mayor to execute the agreement.
Council discussion followed. Motion carried 5 -0.
1. Preliminary Subdivision Approval --- Pendley Estates Housing Authority of
the County of Clallam
Director West described the subdivision project location, size, and stated that the
Planning Commission had recommended approval. He asked Council to state their
ability to hear the matter in a fair and judicial manner, and all Councilmembers in
attendance agreed they were qualified. Council discussion followed.
It was moved by Kidd and seconded by Nelson to:
Concur with the Planning Commission and approve the preliminary subdivision
citing Conditions 1 -9, Findings 1 -22, and Conclusions A -D, as set forth in
Attachment "A" that is attached to and becomes a part of these minutes.
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CITY COUNCIL MEETING
September 21, 2010
PUBLIC HEARINGS- None.
OTHER:
FINANCE: None.
INFORMATION: Manager Myers provided an update on research regarding the Citizen Survey
results, stating that staff was reviewing the City's current recycling program. He
described the recent meetings with the Waterfront and Transportation Improvement
Program consultant, Studio Cascade, and described their upcoming schedule. He
provided Council with an update on the E -911 Tax, stating that the Sequim City
Council supported the increase and that the issue was going before the Clallam
County Commissioners on September 28, 2010. He provided an update on the
dissolution process for the Port Angeles HarborWorks Development Authority. He
also described the Army Corps of Engineers Ediz Hook nourishment proposed
project and needed funding.
EXECUTIVE SESSION:
Director Cutler provided history on the Ediz Hook nourishment project, describing
the agreement with the Army Corps of Engineers and stating that the request for
funding re- occurs every six to seven years. Council discussion followed.
Councilmember Downie recognized volunteers from the Church of Jesus Christ of
Latter Day Saints for their participation in the clean -up of Francis Street Park, and
the painting and cleaning of the restroom facilities on Ediz Hook.
None.
ADJOURNMENT: The meeting was adjourned at 8:16 p.rn.
Dan Di Guido, Mayor
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ssa Hurd, City Clerk
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Date: September 21, 2010
Expected length of session: 45 minutes
Is action expected following the session: No
At the start of Executive Session, remind participants that:
• Only announced topics may be discussed
• No final action can be taken in Executive Session
• Discussions are confidential
Reason for Executive Session:
EXECUTIVE SESSION
To consider matters affecting national security.
To consider the selection of a site or the acquisition of real estate by lease or purchase
when public knowledge regarding such consideration would cause a likelihood of increased
price.
To consider the minimum price at which real estate will be offered for sale or lease when
public knowledge regarding such consideration would cause a likelihood of decreased price.
However, final action selling or leasing public property shall be taken in a meeting open to the
public.
To review negotiations on the performance of public bid contracts when public
knowledge regarding such consideration would cause a likelihood of increased costs.
To consider, in the case of an export trading company, financial and commercial
information supplied by private persons to the export trading company.
To receive and evaluate complaints or charges brought against a public officer or
employee. However, upon the request of such officer or employee, a public hearing or a meeting
open to the public shall be conducted upon such complaint or charge.
To evaluate the qualifications of an applicant for public employment or to review the
performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a
governing body of salaries, wages, and other conditions of employment to be generally applied
within the agency shall occur in a meeting open to the public, and when a governing body elects
to take final action hiring, setting the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
To evaluate the qualifications of a candidate for appointment to elective office.
However, any interview of such candidate and final action appointing a candidate to elective
office shall be in a meeting open to the public.
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To discuss with legal counsel representing the agency matters relating to agency
enforcement actions, or to discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge regarding the discussion is
likely to result in an adverse legal or financial consequence to the agency.
Closed session under RCW 42.30.140:
To discuss proceedings concerned with the formal issuance of an order granting,
suspending, revoking, or denying any license, permit, or certificate to engage in any business,
occupation, or profession, or to receive a license for a sports activity or to operate any
mechanical device or motor vehicle where a license or registration is necessary; or
Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties
as distinguished from a matter having general effect on the public or on a class or group.
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
X Collective bargaining session with employee organization, including contract
negotiations, grievance meetings, and discussions relating to the interpretation or application of a
labor agreement or a portion of a meeting which the governing body is planning or adopting the
strategy or position to be taken by the governing body during the course of any collective
bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the
proposals made in the negotiations or proceedings while in progress.
Time session began: 5:03 p.m.
Was session extended
by announcement: No
If so, when:
Time session ended: 5:45 p.m.
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In attendance:
Mayor Di Guilio [via speakerphone'
Deputy Mayor Perry, Councilmembers
Collins, Downie, Kidd. and Nelson.
Manager Myers, Attorney Bloor, B.
Coons, Y. Ziomkowski, N. West, T.
Gallagher, and D. McKeen.
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Conditions:
ATTACHMENT "A"
CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF
PENDLEY ESTATES PRELIMINARY SUBDIVISION
1. The interior street identified as Neil Court shall be dedicated and constructed per the
City's Urban Service Standards and Guidelines including an improved walkway along at
least one side prior to approval of the final plat.
2. Property as needed shall be dedicated to develop 14 Street and 16 Street to full width
(70') rights of way. Improvements shall be made to both 14th and 16th Streets rights of
way frontage prior to final plat approval. Frontage improvements including sidewalk
along 14 Street are required as shown on the plat per the City's Urban Services and
Standards requirements.
3. Fire hydrant spacing shall be as required by the City Fire Department to a maximum
1000' of separation distance. Residences shall be fitted with residential sprinkler
systems. Such wording shall be placed on the face of the final plat.
4. Utilities shall be underground with required easements for all utilities.
5. Prior to final plat approval, water service shall be extended to the lots as required by the
Public Works and Utilities Department Urban Services Standards and Guidelines. A 10-
foot wide easement is required and is dimensioned but not shown within Lot 15. Water
meters for Lots 15 — 17 shall be placed in the right of way per City Standard Detail.
6. Stormwater plans shall be submitted for approval per the City's Urban Services Standards
and Guidelines and improvements made prior to final plat approval. Stormwater facilities
to be conveyed to the City must be located in public right of way or in open spaces areas.
Easements as necessary shall be provided.
7. Sanitary sewer shall be extended to the new lots as required by the Public Works and
Utilities Department from Fourteenth Street and shown on the preliminary plat.
8. Building setbacks shall be identified on the final plat with address numbers provided by
the City's Public Works and Utilities Department placed on the lots.
9. The applicant shall place a statement on the plat and make it known to all subsequent
purchasers of subject lots that said lots are in the proximity of the William R. Fairchild
International Airport and that the Port of Port Angeles does not warrant that these lots
will always be outside the lowest noise contour currently established for residential use.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements
for the approval of subdivisions.
2. Preliminary approval is based upon a drawing dated received July 27, 2010, prepared for
the Housing Authority of Clallam County by Zenovic and Associates. The proposed
layout indicates 17 residential building sites ranging in size from 9,000 to 1 0,781 square
feet in area. Property owner Mark Macedo signed the application.
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3. 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.
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.
5 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments
reviewed the proposed Subdivision. Their comments have been incorporated in the
Department's recommendation.
6. The subject property is located in the Northwest Planning Area of the city and identified
as Low Density Residential on the Port Angeles Comprehensive Plan land use map.
7. The proposal has been reviewed with respect to the Comprehensive Plan. The following
Comprehensive Plan policies are found to be most relevant to the proposal: Growth
Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, and
Policies B.1, B.2, B.3, and Goal C; Transportation Element Goal A, and Policies A.6, and
13.11; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goals
A and B, and Policies B.1, B.3, B.4, 13.5, B.6, B.7, C.2, C.3, C.4, and C.5. (See
Attachment B to staff report).
8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service and electrical service (Capital Facilities Element Policy A.9).
9. The City's Comprehensive Plan (Land Use Element Policy B.3) states that development
should be designed to further the grid system pattern. Preliminary approval will be based
upon the dedication of right -of -way to ensure compliance with the policy.
10. The subject property is identified by the Port Angeles Zoning Map as Residential, single
family (RS -9), which allows a density of up to 4.84 dwelling units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size. Proposed density is 3.9 units per acre.
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11. The site is currently served by 14th Street. Fourteenth Street is neither an arterial street, a
designated school walking route, nor a designated bicycle route. Site development will
require dedication of right of way for the 16 Street frontage and improvement to
abutting rights of way (14 and 16 Streets) per Section 16.08.060 PAMC and the City's
Urban Services and Standards Guidelines Transportation Section Chapter 3B.10(A).
Fourteenth Street frontage contains satisfactory right -of -way width (70'). Site design
includes the required sidewalk along the 14 Street frontage.
12. No environmentally sensitive areas exist on the site. The site slopes downward from the
west to northeast, with the lowest point on the site occurring approximately 165 feet
south of 14th Street along the east property line. The site is not considered a frequently
flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps
which denote those areas that are in 100 -year flood areas. Some history of standing water
exists in the area. A stormwater management plan is required for site development that
will address runoff within and from the site.
13. Transit service is available at the 14th and "N" Street intersection approximately 500 feet
east of the site. "N" Street is a designated school walking route but is not as yet
developed with sidewalks in the area nearest to the proposed subdivision.
14. Building permits are required for all structures on the completed sites. Building and Fire
Codes in place at time of development shall be complied with during construction
including residential fire sprinkler systems. A note on the face of the final plat indicating
a requirement for residential fire sprinkler systems will be required.
15. The Port Angeles School District has been notified of the development to allow them to
plan for needed public school facilities and routes.
16. The City's Parks Department is aware of the proposal but staff does not believe the level
of service for the area will be hampered as a result of the development. The nearest City
Parks and Clallam County recreation facilities are located approximately one mile east of
the site location.
17. All utilities including potable water, sanitary waste, and refuse collection are available in
the area.
18. The City's Police, Fire, and Public Works and Utilities Departments will service the site.
The location is outside of the City's four minute response area.
19. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #1276) on September 2, 2010, therefore satisfying the City's
responsibility under the Act.
20. The Port of Port Angeles Fairchild international Airport and industrial park are located in
the area south of the site. Port staff is aware of the proposed subdivision proposal.
Wording will be placed on the face of the final plat such that those who purchase
properties in the final subdivision will be aware of the existing on -going airport
operation.
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21. Although site design indicates development to minimum Suburban standards, site design
indicates a standard full street width within Neil Court, the interior street. Roadside
ditches are proposed under low impact development standards, and as such, abutting
property owners are responsible for maintaining ditches, keeping them free of debris and
maintained in a neat manner.
22. The Planning Commission's decision is a recommendation to the City Council. The
Commission acts as the City's hearing body for preliminary subdivision approval.
Reports are advisory to ensure conformance of the proposed subdivision to the general
purposes of the City's Comprehensive Plan and to planning standards and specifications
adopted by the City.
Conclusions:
A. As conditioned, the proposed subdivision is consistent with the Port Angeles
Comprehensive Plan and Zoning Code. Development per the City's Urban Services and
Guidelines is mandatory.
As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance,
Chapter 16.08 PAMC, the Washington State Subdivision Act Chapter 58.17 RCW, and
the City's Urban Services and Standards Guidelines.
C. As conditioned and proposed, 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.
D. As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The
subdivision provides for development of new homes within the City of Port Angeles
consistent with the State Growth Management Act.
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