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HomeMy WebLinkAboutMinutes 12/15/1992 2383 CITY COUNCIL MEETING Port Angeles, Washington December 15, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:00 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler (arrived 6:35 p.m.) and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, K. Godbey, J. Pittis, B. Titus, S. Ilk, J. Hordyk, B. Coons, and B. Henderson. Public Present: L. Ross, J. Michalczik, L. Bell, B. Haselton, and E. Veltkamp. Senior Center Senior Center Design Update Design Parks Director Brodhun introduced Mr. Rex Bond, ARC Architects, who provided the Council with an update on the Senior Center. It is hoped the drawings will be submitted next week to begin the building review process. Once complete, bids will be solicited, and construction should commence in mid-February. The goal is to occupy the building by December. Mr. Bond provided overheads of the various drawings and explained the location and uses of various rooms. It was suggested the alarm system be connected with the Police and Fire Departments. Mr. Bond indicated cost estimates will be closely scrutinized in order to assure the project stays within budget. Although it is expected bids will come in low, alternates will be included in the bid package to allow for construction variations, to include: exterior work, patio on north side, skylight in lobby, acoustical partition in multi- purpose room, wood base to rubber base, flagpole with lights, metal roof to asphalt shingle roof. The budget is $2.4 million. Discussi~on was held as to whether the above listed items had been prioritized. Councilwoman Sargent indicated they had not, as it is hoped everything can be included. Additionally, she commented on the excellence of the committee and the responsiveness of the architect to the committee's requests. City Manager Pomeranz asked for Mr. Bond to relate those areas which are available to the public. Mr. Bond stated areas not available to the public are senior administration areas, as well as social service components located on the second floor. Councilwoman Sargent noted the seniors have been hard at work trying to raise funds for furnishings. A goal of $50,000 was established and is presently close to being met. Law Enforcement Law Enforcement Advisory Board Advisory Board - Ordinance No. 2724 Police Chief Ilk noted that one of the issues previously addressed had to do with whether the proposed Law Enforcement Advisory Board would constitute a review board. He emphasized it would not and added that he had discussed this proposed board with the night crew in the Police Department in order to clarify this matter. In addition, Chief Ilk indicated the proposed ordinance has been changed to reflect Council's wish that a majority of the members will be City residents. Mayor Hallett then read the Ordinance by title, entitled -1- 2384 CITY COUNCIL MEETING December 15, 1992 Law Enforcement ORDINANCE NO. 2724 Advisory Board - Ordinance No. 2724 AN ORDINANCE of the City of Port Angeles, (Cont'd) Washington, creating a Law Enforcement Advisory Board, providing for the membership and duties of the Board, and creating a new Chapter 2.26 of the Port Angeles Municipal Code. Councilman Braun moved to adopt the Ordinance as read by title. The motion was seconded by Councilman Wight. After limited discussion, a vote was taken on the motion which carried unanimously. CALL TO ORDER - Mayor Hallett called the regular meeting of the Port Angeles City Council to order · REGULAR MEETING: at 7:01 p.m. PLEDGE OF Led by Leslie Diimmel's Camp Fire Group. Members present: Erika Diimmel, ALLEGIANCE: Holly Diimmel, Racheal Johnson, Stephanie Shideler, Melissa Tuff, Pam Gillilian, Klm Loghry, and Jenna Deese. APPROVAL OF Councilman Nicholson moved to approve the minutes of the regular meeting of MINUTES: December 1, 1992. Councilman Braun seconded the motion, which carried by a majority vote, with Councilman Wight abstaining. Councilman Braun moved to approve the minutes of the special meeting of December 8, 1992. Councilwoman Sargent seconded the motion. In response to an inquiry from Councilwoman Sargent, Finance Director Godbey clarified the disbursement of Hotel/Motel tax funds pertinent to debt service and advertisements for tourism and retirement promotion. Clerk Upton offered a correction to Page 1, second paragraph in the budget review, whereby the EDC will be administering the downtown low interest loan program, not the low-income housing loan program. At this time, Councilman Schueler noted a correction to the December 1 minutes, Page 3, City Council Committee Reports, "the City will have to be more involved...". He corrected this to read, should be more involved. By consensus, the Council members accepted this correction. A vote was then taken on the motion regarding the December 8 minutes, which carried unanimously. CEREMONIAL Mr. Greg Scherer, representing the Port Angeles Downtown Association, presented MATTERS/ the Council with a limited edition, commemorative Christmas ornament. Mayor PROCLAMATIONS: Hallett read a Proclamation naming the ornament as the official City of Port Angeles ornament. CITY COUNCIL Councilman Ostrowski attended the meeting on the Senior Center design this COMMITTEE afternoon. Mayor Hallett added that the project is progressing nicely and is in the REPORTS: final stages of design review. Councilwoman Sargent attended the AWC Board meeting. A great deal of focus is being placed on the continuation of criminal justice funding, an item which is on the Council agenda this evening. - Councilman Schueler also attended the meeting on the Senior Center. The architectural firm believes the building process will begin in February, with the Center opening in December. Councilman Braun attended the Utility Advisory Committee meeting, as well as the Museum Board. FINANCE: Consideration of PC Bid Award PC Bids Mayor Hallett reviewed information provided by the Finance Department on bids received for the purchase of PCs. Councilman Ostrowski moved to award the PC bid to Business Pro Computers, in the amount of $32,827.88, subject to successful testing by the City Network Administrator. Councilman Schuder seconded the motion. Councilman Schueler -2- 2385 CITY COUNCIL MEETING December 15, 1992 PC Bids ~ commented on the advantageous price bid, and Councilwoman Sargent noted that the (Cont'd) local bid was about 36 % higher than the bid accepted. A vote was taken on the motion, which carried unanimously. CONSENT AGENDA: Councilman Schueler moved to accept the Consent Agenda, including: (1) Request for approval of a Civil Service Interview Board for a Communications Officer and a Medical Officer; (2) Correspondence from Washington State Liquor Control Board; (3) Concept Administrators through November, 1992, of $706,416.88; (4) Wire transfers for November, 1992, of $343,014.20; (5) Vouchers of December 11, 1992, of $3,497,145.20; and (6) Payroll for December 6, 1992, of $351,673.22. Councilwoman Sargent seconded the motion. Discussion followed, and Councilwoman Sargent inquired about the next update on recycling. Public Works Director Pittis advised the Council that the 1993 budget includes a number of items as requested by the Recycle Committee. A route study has been conducted to determine how many residents are participating in the curbside recycling, the results of which will be forwarded to the Council in January. A vote was taken on the motion which carried unanimously. ITEMS FROM THE Mike Schueler, 1115 S. Vine Street, requested that Council add to the agenda the AUDIENCE/COUNCIL/ matter of a request for a Zoning Code amendment. Mr. Schueler indicated he would STAFF TO BE like the Council to direct the Planning Commission to make an amendment regarding CONSIDERED OR Retail Stand Permits. This was added to the agenda as Item F.4. PLACED ON A FUTURE AGENDA: Mayor Hallett announced that if anyone in this evening's audience was present for a rezone request at 12th & 'O" Streets, the public hearing was not scheduled to be held at City Council until January 5. Councilman Wight requested a very brief discussion on traffic considerations at the intersections of Fifth and Race and Eighth and Race Streets. This was added to the agenda as Item F.5. LEGISLATION: A. Public Hearings Public Hearings 1. Annexation Request Annexation Request - ANX 92(10)1 - ROCKFORD/ANDREW, Eckard Avenue: Request to annex Rockford/Andrew approximately 5 acres east of Mt. Angeles Read from the Campbell/Eckard alley to the Eckard/Leighton alley. Mayor Hallett reviewed the information provided by the Planning Department. He then opened the public hearing at 7:30 p.m. There being no testimony from the public, Mayor Hallett closed the public hearing at 7:30 p.m. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, annexing approximately five acres into the City. At this time, it was noted the Council would need to pass a motion of intent to annex the property in question pending action of the Boundary Review Board. Therefore, _ Councilman Nicholson moved to provide notice of intent to annex the subject property, citing the following Findings and Conclusions: Findings: (I) The proposal would annex approximately 5 acres south of the existing City limits and east of Mt. Angeles Road, including the Campbell/Eckard alley and the Eckard\Leighton alley and between the vacated Center Street and Porter Street rights-of-way. The property is bounded by existing City limits on three sides; (2) The property is zoned Urban Residential I by Clallam County which allows single family development on one-half acre lots; (3) The only public right-of-way frontage identified is Mt. Angeles Road which does not provide an adequate 60 foot right-of-way access to the proposed annexation area; (4) The annexed area was platted in 1907. The lot area and width do not meet the minimum standards of the RS-9 zone; (5) There is one single family home in the annexation area; (6) Sewer and water facilities are available. It is unknown if the existing lines have adequate capacity to serve the annexation; and Conclusions: (A) As conditioned in the annexation agreement, the proposed annexation is consistent with the Comprehensive Plan; (B) The proposed annexation is consistent with the requirements of Chapter 35A. 14 RCW; and (C) As -3- 2386 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: conditioned, the proposed annexation is consistent with Council Resolution 18-78. (Cont'd) Councilman Ostrowsld seconded the motion. Following brief discussion, a vote was taken on the motion which carried unanimously. Annexation Request - Rockford/Andrew (Cont'd) Parking Variance - 2. Parking Variance - PKV 92(10)02 - GARDNER, 113 DelGuzzi Drive Gardner Request for a reduction in the number of parking spaces required for a restaurant in the Arterial Commercial District. Mayor Hallett reviewed the information provided by the Planning Department. He opened the public hearing at 7:35 p.m. Janice Andrew, 1762 Monroe Road, indicated she was puzzled by the requirements and felt the requirements should be determined by the number of tables as opposed to square footage. There being no further public input, Mayor Hallett closed the public hearing at 7:38 p.m. Councilwoman Sargent moved to reverse the Planning Commission's recommendation, citing the following Findings and Conclusions: Findings: (1) The request is to allow a reduction of parking for a 5,270 s.f. restaurant from 51 to 45 spaces (1:100 to 1:117); (2) The Parking Ordinance allows variances to be approved if the intent of the ordinance is met; (3) The site is located within the ACD zone district on DelGuzzi Drive, just south of Highway 101. The site enjoys good visibility from Highway 101 where traffic volumes are among the highest in the City; (4) The site is currently vacant; and (5) The proposed restaurant is located in close proximity to the Super 8 Motel and the Best Western Inn Olympic Lodge Motel; and Conclusions: (1) The relationship of the proposed restaurant to nearby motel customers who are expected to eat there will allow the restaurant operation to satisfy the intent of the Parking Ordinance despite the reduction in parking spaces provided; (2) The use is likely to attract patrons from the nearby motels; (3) The site is within easy pedestrian access to the nearby motels and will not pose a safety problem for traffic on DelGuzzi Drive; and (4) The site is constrained by limitations due to irregular shape and topography. Councilman Nicholson seconded the motion. In the following discussion, it was agreed it makes good sense to grant this variance in view of the number of patrons expected to come from the motels. The Planning Commission did what was proper in this instance; however, the Council felt the action to be appropriate in considering connnunity need. A vote was then taken on the motion which carried by a majority vote, with Councilman Schueler voting in opposition. 1993 Budget - 3. 1993 Budget Ordinance No. 2725 Mayor Hallett reviewed the information provided by Finance Director Godbey and opened the public hearing at 7:45 p.m. Mike Doherty, 617 S. "B" Street, complimented the format of the budget. He urged the Council to maintain the option of acquisition of the Skate Center for a possible youth activities facility. He addressed issues he felt to be favorable to this acquisition, such as access to the transit system and main arterials, shared parking with the Senior Center, as well as other possible uses. Councilwoman Sargent advised Mr. Doherty this matter is being considered by the Real Estate Committee. Lorraine Ross, 418 E. Front Street, shared her hope that a White's Creek overpass would be included in the budget. She discussed cost issues relative to culverts and the fact that a great deal of property would not have to be acquired for this purpose. Public Works Director Pittis reviewed the work being conducted on the Comprehensive Plan and also indicated the matter will be considered in the preparation of the Capital Facilities Plan. It is somewhat premature to include such a project in the budget. Jerry Newlin, business owner at 717 S. Peabody Street, complimented the City and staff on the 1993 Budget and the fact that it is balanced. He also commented on the fact that the Chamber of Commerce has adopted as one of its goals, to "keep Port Angeles as a safe place to live". Anything the City can do to provide activities for the youth in the community will help attain that goal and he, therefore, supported the comments made by Mr. Doherty. -4- 2387 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: Tbere being no further public comment, Mayor Hallett closed the public hearing at (Cont'd) 8:08 p.m. Mayor Hallett read the Ordinance by title, entitled 1993 Budget - ORDINANCE NO. 2725 Ordinance No. 2725 (Cont'd) AN ORDINANCE of the City of Port Angeles revising the Budget for the fiscal year ending December 31, 1993, establishing wages for 1993 and amending Ordinance 2664. Councilman Ostrowski moved to adopt the Ordinance as read by rifle. Councilman Braun seconded the motion. Discussion followed and Councilman Nichoison moved for reconsideration of an item which deals with the amount of funds allocated to the Visitor & Convention Bureau. This will not affect the Budget. Councilwoman Sargent seconded the motion, which carried unanimously. Councilman Nicholson reviewed the Council's previous decision to give the VCB all of the funding requested; however, he pointed out that the City has not been getting its money's worth from the Visitor & Convention Bureau, despite the fact that the Council has complained to them repeatedly in the past. Further, Councilman Nicholson summarized the cooperative efforts taking place between the VCB and the Chamber of Commerce concerning the marketing of the Veto Burton Memorial Community Center, as well as the fact that the VCB needs to submit to the Council a plan of action for the coming year. This matter can be closely monitored by Councilman Schueler as the Council's representative to the VCB Board. One of the ways to address Council's concerns is to make funding available for six months, after which a review can be conducted. Therefore, Councilman Nichoison moved to make one-half of the VCB funding available for the first six months, and if things improve to the Council's satisfaction, authorize the remainder of the funding for 1993. Councilwoman Sargent seconded the morion. Discussion followed and Councilman Schueler inquired as to the criteria to be used in the performance review. It was agreed that he, as the VCB Board member, will report back to Council at the end of the six months as to whether or not there had been sufficient improvements made. A vote was taken on the motion which carried unanimously. Councilwoman Sargent commented on how proud she was of the City's budget, and the hard work performed by the City staff in its preparation. Her comments were supported by other Council members. A vote was then taken on the morion adopting the 1993 Budget Ordinance, which carried unanimously. Utility Taxes - a. Utility taxes Ordinance No. 2726 Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2726 AN ORDINANCE of the City of Port Angeles revising the tax upon the City's solid waste and water/wastewater utilities and amending Ordinance No. 2183 and Section 5.80.040 of the Port Angeles Municipal Code. Councilman Wight moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion. Attorney Knutson noted that the Ordinance should be corrected to show an effective date of January 1, 1993. The correction was duly noted. A vote was taken on the motion which carried unanimously. Gambling Taxes - b. Gambling taxes Ordinance No. 2727 Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2727 AN ORDINANCE of the City of Port Angeles revising gambling tax rates and amending Ordinance No. 1847 and Section 3.52.020 of the Port Angeles Municipal Code. -5- 2388 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: Councilman Ostrowski moved to adopt the Ordinance as read by title. (Cont'd) Councilwoman Sargent seconded the morion, which carried unanimously. Fines for Parking c. Fines for parking violations Violations - Ordinance No. 2728 Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2728 AN ORDINANCE of the City of Port Angeles revising the penalty for overtime parking violations and amending Ordinance No. 2016. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Police Department d. Police Department charges for services Charges for Services - Resolution No. 45-92 Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 45-92 A RESOLUTION of the City Council of the City of Port Angeles approving increases in fees charged by the Police Department and superseding Resolution No. 3-90. Attorney Knutson noted the Resolution should be corrected. In those instances where "supersede" is used, the wording should be changed to 'amend". Councilman Wight moved to pass the Resolurion as read by title. Councilwoman Sargent seconded the morion. Mayor Hallett noted the fee for alarm monitoring and queried as to how many commercial establishments this may involve. Police Chief Ilk indicated he didn't have that information with him, but could advise the Council at a later date. A vote was then taken on the motion which carried unanimously. Vern Burton Memorial e. Vern Burton Memorial Community Center fee proposal Community Center Fee Proposal - Mayor Hallett read the Resolution by title, entitled Resolution No. 46-92 RESOLUTION NO. 46-92 A RESOLUTION of the City of Port Angeles amending Section 6 of Resolution No. 40-91. Councilman Ostrowski moved to pass the Resolution as read by title. Councilman Braun seconded the motion. Brief discussion ensued conceming the impact of the fees proposed, which Parks Director Brodhun indicated will impact commercial activities and non-residents the most. A vote was taken on the morion which carried unanimously. - Solid Waste Rates - f. Solid Waste rates Ordinance No. 2729 Mayor Hallett reviewed the information provided by Finance Director Godbey and Public Works Director Pittis. Manager Pomeranz indicated letters will go out to the public explaining the rate increase, which is being driven by the State and the FAA. Plans are underway to meet with County officials in January to discuss a joint approach to the landfill issues which will have an impact on all residents. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2729 AN ORDINANCE of the City of Port Angeles amending Solid Waste rates and amending Ordinance No. 2317 and Chapters 13.54 -6- 2389 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: and 13.56 of the Port Angeles Municipal (Cont'd) Code. Solid Waste Rates - Councilman Wight moved to adopt the Ordinance as read by title. Councilman Ordinance No. 2729 Nicholson seconded the motion and after limited discussion, the motion carried (Cont'd) unanimously. Electric Rates for g. Electric rates for Industrial Transmission (IT) class Industrial Transmission (IT) Class - Mayor Hallett reviewed the information provided by Light Director Titus concerning Ordinance No. 2730 the rates for the IT rate class. This Ordinance is intended to bring the Industrial Transmission rate class in line with the other rate increases. Mayor Hallett read the Ordinance by rifle, entitled ORDINANCE NO. 2730 AN ORDINANCE of the City of Port Angeles imposing a surcharge on the rates for the sale of electricity to the Industrial Transmission rate class and amending Ordinance No. 2704 and Section 13.12.021 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Braun seconded the motion, which carried unanimously. Break Mayor Hallett recessed the meeting for a break at 8:40 p.m. The meeting reconvened at 8:51 p.m. Ennis Creek Estates B. Ordinances not requiring public hearings Planned Residential Development- 1. Ennis Creek Estates Planned Residential Development - PRD 90(04)01 Ordinance No. 2731 DelGuzzi Drive: Consideration of an Ordinance approving a final planned residential development and subdivision. Mayor Hallett reviewed the information provided by the Planning Department Councilwoman Sargent moved to approve the final PRD and Plat as recommended, citing the subject to the following Conditions, and citing the following Findings and Conclusions: Conditions: (1) The 150-foot buffer along Ennis Creek shall remain totally undisturbed, except for the trail noted in Condition g2, and shall be measured from the ordinary high water mark of Ennis Creek. Grading or other disturbance affecting the buffer area must be in accordance with and permitted by the Department of Fisheries, with approval to be given prior to any construction in the 150 foot buffer area; (2) The Watershed Company's trail proposal as approved by the Department of Fisheries shall be constructed with the elimination of the trail connection to the Port Angeles School District property and the lighting to the trail. The trail shall include a five-strand wire fence between the trail area and the east side of Ennis Creek, as previously approved by the Department of Fisheries. This five-strand wire fence shall be connected to a chain link fence located along the eastern and northern property boundaries east of the 150-foot buffer and across the 150 foot buffer on the north property line. Enhancements of protective habitats (i.e., holes, pools, etc.) for anadromous fish shall be provided per Department of Fisheries' approval. Prior to Final PRD approval by the City Council, the applicant shall submit for review and approval plans showing location and design of the trail, bridge, fencing, viewing platforms, topography of the trail and its immediate vicinity and a plan for minimizing disturbance of vegetation including significant trees, slopes and Ennis Creek. All of these elements shall be included in a detailed site plan for Lot g2; (3) A slatted chain link fence shall extend along the 150-foot buffer on the west side of Ennis Creek and along the east, north, and south property lines, except for inside the 150-foot buffer and wetlands areas. The chain link fence shall be continued between Lot 25 and Lot 29 if the property owners (Dr. and Mrs. Mantooth) provide an easement for a fence. However, the easement will not be a condition of approval. Fencing required in this condition and Condition No. 2 shall be installed prior to occupancy of any building; (4) The minimum area for lots 4-24 and 27-31 shall be 7,000 square feet. Setbacks for all single family dwelling units shall conform to the underlying RS-9 zoning district except that attached single family dwelling units are permitted; (5) Multi-family buildings under two stories shall -7- 2390 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: be located no closer than 10 feet to a street; no multi-family structure over three (Cont'd) stories shall be located closer than 25 feet to a street; no structure shall be located closer than 25 'feet from external property lines, with the exception of the building Ennis Creek Estates located west of DelGuzzi Drive, opposite William Place. The final plat and site plan Planned Residential shall be revised showing all building footprints in compliance with these setbacks. Development - The final plat shall be revised showing all building footprints as meeting the setback Ordinance No. 2731 requirements; (6) An erosion control bond and a bond or equivalent measure to allow (Cont'd) for restoration of sensitive areas disturbed during the construction process shall be required prior to issuance of any building permits; (7) At such time as a public trail system is developed adjacent to Ennis Creek, that portion of the PRD trail connecting to the public trail shall be dedicated to the public by the homeowners' association; (8) Signage shall be provided as determined by City staff in conjunction with the Departments of Wildlife and Fisheries in order to restrict access to the environmentally sensitive creek area; (9) All inhabitable structures shall be sprinklered; (10) A sight-obscuring or vegetative screening fence, as well as asphalt paving shall be provided around the RV parking area. Landscaping shall include an approved mix of shrubs and trees; (11) Development of the PRD shall not deny future access to the Morse and Niichel-Hutworth properties. Access shall be made available at fair market value. Potential access to both of these properties shall be shown on the final plat and shall be twenty five feet wide; (12) The trail shall be conditioned to include potential public dedication and/or abandonment if proposed mitigation proves inadequate to the Department of Fisheries in reducing adverse impacts to the fisheries resource in Ennis Creek; (13) Prior to issuance of building permits for any structure designed for human occupancy within the PRD, the applicant shall submit a detailed geotechnical foundation report which relates the ability of the building sites to support structures and which is prepared by an engineering firm licensed in the State of Washington as specializing in geotechnical/foundation engineering. The seasonal timing of any specific site work should be considered in the report; (14) Prior to the issuance of any building permit for structures or site work for the PRD, the applicant shall install improvements to the satisfaction and approval of the City Engineer as required by a surface water drainage and control plan prepared by a licensed engineer and approved by the Department of Fisheries and the Public Works Department; (15) The surface water drainage and erosion control plan shall address (SEPA) Mitigation Measures Nos. 4-5, 8-12, 15-17, 19-20, 59-61, 69 and 71; (16) The location of the wetlands and buffer on the south portion of the site shall be accurately delineated on the site plan; (17) The "Amended and Restated Ennis Creek Estates Declaration of Covenants, Conditions, Restrictions and Easements" (CC&Rs), shall be recorded with the final plat and a copy of the final recorded document provided to the Planning Department. The CC&R's shall be substantially in accord with the draft document dated July 1, 1992, with the following addition: 4.27 Zoning Ordinance. Nothing in this Declaration shall be construed to permit a use that is otherwise prohibited under the Zoning Ordinance or shall be construed to supersede any governmental regulations affecting the property; Add to section 11.4: The following provisions of this Declaration may not be amended without prior approval by the Port Angeles Planning Department to ensure consistency with the intent of the Zoning Ordinance: Section 1.28 (Native Growth Protection Area); Section 1.33 (Property); Section 1.36 (Steep Slope Area); Section 1.40 (Zoning Ordinance); Section 2.1 (The Property); Article IV (Use Covenants, Conditions and Restrictions on Property); Article V (Common Areas and Easements). Consent shall not be unreasonably withheld; (18) Building permits shall be conditioned to address Mitigation Measures Nos. 7-9, 15- 17, 20-26, 33-49, 55-56, 58-66 and 68-69; (19) The phased development of the elderly housing units will be required to obtain a conditional use permit for any project specific facility; (20) The recommendations of the traffic study for the rezone shall be implemented, and PRD shall comply with the City's sidewalk standards. A sidewalk providing safe access from the south end to the north end of the entire PRD site shall be installed prior to occupancy of any building; (21) The phasing of development shall be done so that at the completion of each phase, the portion completed meets the requirements of a complete PRD. Phase I shall be revised to provide the required common open space and recreation facilities; (22) All roadway, sidewalk and recreational facility improvements needed to serve each phase shall be installed prior to recordation of the final plat for that phase unless the applicant provides an adequate bond or other acceptable means of security to ensure completion of the improvements; (23) The f'mal trail location shall be consistent with the western alternative as shown on the trail plan; (24) The five strand fence shall be extended along both sides of the trail from the beginning of the loop, across the bridge and up to where the trail is near the pond on lot 1; Findines: (1) The Comprehensive Plan, Zoning Code, and Subdivision Ordinance of the City of Port Angeles have been reviewed with respect to the proposed planned residential development; (2) The proposed PRD is situated on 36.5 acres of land zoned RMF, RS-9 and PBP; (3) The density and unit mix of the approved final PRD is the same as was granted preliminary approval: 140 multi-family dwelling units, 26 single- family residences, and a 40 unit retirement facility (which requires a conditional use '8- 2391 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: permit), unless the teconfiguration of single-family lots which may be necessary to (Cont'd) comply with Conditions Nos. 1 and 4 reduces the number of single-family residential units; (4) There are 12 acres of RMF zoned area in the PRD resulting in a density Ennis Creek Estates of 17.4 units/acre, compared to allowable RMF density of 28.2 units/acre. There Planned Residential are a total of 36.5 acres in the PRD resulting in an overall density of 5.7 units/acre, Development - compared to allowable PRD density of 13.1 units per acre; (5) The City Council Ordinance No. 2731 gave its preliminary approval to this PRD on April 2, 1991. On April 1, 1992, (Cont'd) within one year of City Council preliminary approval, DelHur submitted an application for final PRD approval. In the process of the City's review of that application and in response to comments by City staff, DelHur has revised certain submissions and added others. The submissions of record include: (a) a title report showing record ownership of the PRD property in DelHur, Inc.; (b) a draft "Amended and Restated Ennis Creek Estates Declaration of Covenants, Conditions, Restrictions and Easements: prepared by Davis Wright Tremaine, dated July 1, 1992; (c) a site plan dated June 30, 1992, consisting of 3 sheets, prepared by LDG " architects; (d) the final plat, consisting of seven sheets, prepared by Northwest Territories, Inc.; (e) a development schedule; and (f) a preliminary drainage plan and report prepared by Entranco; (6) The City's recommendation on final PRD approval shall be based upon compliance with Sections 17.70.140 and .150 of the Port Angeles Municipal Code; (7) Compliance with the SEPA mitigation measures has been addressed through installation of facilities, the PRD review process of the site design, and conditions of approval of the PRD; (8) The PRD is served by DelGuzzi Drive and utility improvements made through LID #211; (9) The total area of landscaped yards and community play area and recreational facilities provides for greater than 30% of the PRD site areas as common usable open space; (10) Lot 2 open space recreation area provides for approximately 35 % of the PRD site as additional undisturbed or common usable open space; (11) Approximately 23 acres (62 %) of the site is left in its relatively undisturbed natural vegetation state; (12) The site plan has been modified for final approval. Bradford Drive was replaced by a new cul-de-sac and deeper lots. The change, as conditioned, maintains the 150 foot buffer from Ennis Creek and does not increase the number of attached and detached single family residences. The change does not decrease common open space or recreation areas; (13) Provisions for continuous maintenance and ownership of common open space areas and common aud private PRD facilities have been included in the projects CC&R's; and (14) ~Ihe application for final PRD and plat approval was filed with the City of Port Angeles on April 1, 1992, which was within one year of the date of preliminary PRD and plat approval; and Conclusions: (A) The proposed Ems Creek Estates PRD its consistent with the Port Angeles Comprehensive Plan, specifically Goal No. 5; Residential Policies Nos. 2, 13 and 15; Open Space Policies Nos. 3 and 4; (B) ~Ehe proposed density of the PRD meets the allowances in Section 17.70.060 and should be approved consistent with mitigation measures of enviromnental impacts, Comprehensive Plan Policies, and Planned Residential Development purposes; (C) The common usable open space provided by the PRD exceeds the required 30 % and preserves on-site the unique natural feature of Ennis Creek; (D) As conditioned, Lot 2 encompasses the trail and 150-foot buffer areas; (E) The proposed development, as conditioned, creates a residential environment of higher quality than that normally achieved by traditional development of a subdivision; (F) Through buffers of undisturbed natural areas, landscaping, fencing and attached and detached single-family uses, the PRD will be compatible with adjacent existing and future uses and developments; (G) All necessary municipal utilities, services, and facilities, existing and proposed, are adequate as conditioned, to serve the proposed development; (H) The proposed street system is adequate for the anticipated traffic levels and functionally connected to a principal arterial; (I) Phasing of PRD improvements is proposed, such as sidewalks and storm drain facilities. The phasing has been conditioned to ensure that improvements will be installed in a timely manner as they are needed; (J) The proposed uses and lots satisfy the requirements for final subdivision approval. A conditional use permit is required for development of the retirement facility; (K) The public use and interest will be served by the Planned Residential Development and the platting of the subdivision, which make appropriate provisions for the public health, safety, and welfare; (L)The proposed CC&R's, as conditioned, adequately provide for maintenance of required conunon open space and other common improvements; (M) As conditioned, the £mal PRD conforms with the approved preliminary PRD development plans and is in compliance with the requirements of PAMC 17.70.150 for final PRD approval;. (N) As conditioned, the final plat conforms with the approved preliminary plat. Councilman Braun seconded the motion. Planning Director Collins queried as to whether the Council had a preference as to trail location. Councilwoman Sargent asked to amend her motion to include that the western alternative for the trail would be the Council's preference and, further, to include extending the five strand fence along both sides of the trail -9- 2392 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: from the beginning of the loop. Both items are to be added to the Conditions (Cont'd) as Items 23 and 24 rgspectively. Councilman Braun agreed to the amendments. Therefore, added ~/~n~lition~ ~11 read, as follows: (23) The final trail location shall Em-ds Creek Estates be consistent with the western alternative as shown on the trail plan; and (24) The Planned Residential five strand fence shall be extended along both sides of the trail from the beginning Development - of the loop, across the bridge and up to where the trail is near the pond on lot 1. Ordinance No. 2731 Discussion followed concerning Condition 5, and Councilman Wight suggested (Cont'd) clarification as to the number of stories. Councilwoman Sargent and Councilman Braun agreed that Condition 5 should read as follows: (5) Multi-family buildings two stories or less shall be located no closer than 10 feet to a street; no multi-family structure three stories or more shall be located closer than 25 feet to a street; no structure shall be located closer than 25 feet from external property lines, with the exception of the building located west of DelGuzzi Drive, opposite William Place. The final plat and site plan shall be revised showing all building footprints in compliance with these setbacks. The final plat shall be revised showing all building footprints as meeting the setback requirements. A vote was taken on the motion, which carried unanimously. Mayor Hallett read the Ordinance by title, entitled ORDINANCE NO. 2731 AN ORDINANCE of the City of Port Angeles approving a Final Planned Residential Development south of Hwy. 101, east of Peninsula Golf Club. Councilwoman Sargent moved to adopt the Ordinance as read by rifle, with the understanding that the amendments will be incorporated. Councilman Braun seconded the motion, which carried unanimously. Latecomer Agreements - 2. Latecomer Agreements for water, sewer, and transportation systen~. Ordinance No. 2732 Mayor Hallett reviewed the information provided by the Department of Public Works. He then read the Ordinance by title, entitled ORDINANCE NO. 2732 AN ORDINANCE of the City of Port Angeles, Washington, establishing procedures and regulations for entering into developer reimbursement agreements and establishing assessment reimbursement areas for water, sewer, storm sewer, and street system improvements, amending Ordinance No. 1881, and creating a new Chapter 13.68 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Schueler seconded the morion, which carried unanimously. Latecomer Agreements- Resolurion No. 47-92 Mayor Hallett read the Resolution by title, entitled RESOLUTION NO. 47-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, establishing fees for administration and review of developer reimbursement agreements. Councilman Ostrowski moved to pass the Resolution as read by rifle. Councilman Braun seconded the motion, which carried unanimously. Public Nuisance - C. Resolutions requiring public comment Resolution No. 48-92 1. Consideration of Public Nuisances Mayor Hallett reviewed the information provided by the Department of Public Works and photographs of the property considered a public nuisance were shown to Council -10- 2393 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: members. (Cont'd) Mayor Hallett read the Resolution by title, entitled Public Nuisance - Resolution No. 48-92 RESOLUTION NO. 48-92 (Cont'd) A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. Councilwoman Sargent moved to pass the Resolution as read by ritle. Councilman Braun seconded the morion, which carried unanimously. Criminal Justice D. Resolutions not requiring public hearings Funding - Resohirion No. 49-92 1. Criminal Justice Funding Mayor Hallett reviewed the sample resolution provided by the Association of Washington Cities pertinent to encouraging the State Legislature to continue criminal justice assistance funding. Police Chief Ilk indicated the language in the Resolution regarding authority for seven counties to impose a one-tenth of one percent increased sales tax should be changed to include all counties. If approved, the sales tax would go from 7.8% to 7.9%. Councilwoman Sargent moved to pass the Resolurion with the noted change and have an appropriate letter prepared to be signed by all Council Members. Councilman Braun seconded the morion, which carried unanimously. Planning Commission E. Planning Commission Minutes/Action items Minutes of November 18, 1992 Planning Commission Minutes of November 18, 1992 Final Subdivision Final Subdivision Approval - Bayview Heights (Replat of Block 6, Green's Approval - Bayview Belle View Addition) - LBR Construction, located off Golf Course Road Heights between Third and Fourth Streets. Councilwoman Sargent moved to accept the recommendation of the Planning Commission and approve the subdivision, citing the following Findings and Conclusions: Findines: (1) The City Council approved the preliminary replat creating 10 lots on May 15, 1990. The application was complete on October 19, 1992, which is within the three year time frame required by state law (RCW 58.17.140); (2) The site has been identified as Suburban Residential Environment in the Comprehensive Plan. The following Comprehensive Plan goals and policies have been found to be most relevant to the request: Goals nos. 3 & 5; Residential Policies nos 4, 5 & 8; and Circulation Policies 4 & 8; (3) The property is zoned single family residential, RS-7 which requires a minimum lot area of 7,000 square feet; (4) The approved preliminary replat was for ten lots ranging in size from 7,080 s.f. and larger. The ten lots on the final replat are substantially the same size and shape; (5) The necessary roadway and utility improvements have been installed, except that the homes on lots 2 and 3 shall have sprinkler systems unless a fire hydrant is installed at the coruer of 3rd Street and Golf Course Road; (6) The necessary utility easements are shown on the final replat; (7) A Determination of Non-Significance was issued for the proposal on April 26, 1990; (8) Those structures identified on the plat as to be removed have already been removed; and Conclusions: (A) The final replat is in conformance with the preliminary replat approval and with the requirements of the subdivision ordinance; (B) The £mal replat is consistent with the Comprehensive Plan and, specifically, those goals and policies identified in Finding No. 2; (C) The final replat is consistent with the single family - residential (RS-7) zone district; and (D) The final replat is in the public use and interest. Councilman Schueler seconded the morion, which carried unanimously. Planning Commission Planning Cotnmission Minutes of Decetnber 9, 1992 Minutes of December 9, 1992 1. Shoreline Management Permit - SMA 92(12)131, City of Port Angeles, Ediz Hook Drive: Request for a pertnit to allow upgrade to the waterfront Shoreline Management area including paving, signage and upgrade to the Paddle Park area. Permit - Ediz Hook Drive Councilwoman Sargent moved to accept the recommendation of the Planning -11- I 2394 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: Commission and ~i~rove Sh0t-eline Management Permit SMA 92(12)131, subject (Cont'd) to the following Conditions citing the following Findings and Conclusions: Conditions: (A) The parking lot shall include at least one tree for each 10 spaces. Shoreline Management Trees shall be of a type approved by the City, at 2-inch caliper at planting time, and Permit - Ediz Hook Drive planted in planting areas with minimum width of 10 feet; and (B) The parking lot (Cont'd) shall be graded to flow into catch basins which shall have an oil separator "T"; Findings: (1) The approval is for paving of approximately 1950 square feet of waterfront trail, paving an existing parking lot and planting vegetation on the launch pad; (2) The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and Environmentally Sensitive Areas Protection Ordinance have been reviewed with respect to this proposal; (3) The property is zoned Heavy Industrial M-2, identified as industrial by the Comprehensive Plan; (4) The Shoreline Master Program encourages public access to the shoreline. It also encourages aesthetic and environmental considerations be made in reviewing development proposals; and (5) · The City of Port Angeles SEPA Responsible Official issued a Determination of Non- Significance for the proposal on October 22, 1992; and Conclusions: (A) As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.2, C.3 and C.7; Land Use Element D.2; Natural Systems E. 1.a, E.2; Use Activities F. 19.a-d, f; (B) As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan, specifically Circulation Policies Nos. 7, 10, 11; Parks and Recreation Policy No. 3 and Urban Design Policy No. 2; and (C) As conditioned, the proposal will not be detrimental to the shoreline. Councilman Schueler seconded the motion, which carried unanimously. Parking Variance - 2. Parking Variance - PKV 92(12)03 - Rogers, 1210 East Front Street: Rogers Request for a reduction in the required number of parking spaces in association with a retail/warehouse/office use in the Arterial Commercial District. Councilman Ostrowski moved to accept the recommendations of the Planning Commission and approve Parking Variance PKV 92(12)03, citing the following Findings and Conclusions: Findines: (1) The request is to allow a reduction of required parking from 40 to 20 spaces in the Arterial Commercial Zone District. The 21,000 square foot site is developed with 3 buildings with an area of nearly 10,000 s.f. The applicant has redesigned the parking lot to make use of the entire site. There is room for only 20 parking spaces; (2) The parking ordinance allows variances to be approved if the intent of the ordinance is met; (3) The site is legally non-conforming with respect to meeting the parking ordinance requirements. For existing uses, required parking is 20 spaces. There are only 9 parking spaces provided. Thus the site is 31 spaces shy of meeting the required parking; and (4) The proposed uses for the site would increase the required parking to 51 spaces, an increment of 31. In order to meet the requirements of the parking ordinance, the number of parking spaces would also have to increase by 31, from 9 to 40; and Conclusions: (1) The granting of a variance would be consistent with the purpose of the parking ordinance; and (2) The conversion from primarily warehouse use to primarily retail and office use would be a benefit to the City. Councilman Wight seconded the motion, which carried unanimously. Rezone Request - 3. Rezone Request - REZ 92(12)05 - Amterson, Northwest corner of 12th and Anderson "0~ Streets: Request for rezone of approximately 4+ acres from Residential Single-Family to Residential Medium Density. This item is scheduled for a public hearing on January 5, 1993. Approval of Minutes Councilman Wight moved to accept and place on file the minutes of the Planning Commission meeting of December 9, 1992. Councilman Braun seconded the motion, which carried unanimously. Joint Planning F. Other Considerations Advisory Committee 1. City-County request to County Commissioners establishing a ten member Joint Planning Advisory Committee Mayor Hallett reviewed the information provided by the Planning Department. Councilman Braun moved to act on the recommendation of the Planning -12- 2395 CITY COUNCIL MEETING December 15, 1992 LEGISLATION: Depariment for the City to participate in a Joint Planning Advisory Committee (Cont'd) Councilman Schueler seconded the motion. In the discussion that followed, it was noted this group will develop a comprehensive plan for the UGA. Additionally, Joint Planning Planning Director Collins reviewed the schedule for the City's Comprehensive Plan: Advisory Committee There will be a public heating before the Planning Commission on January 27 with (Cont'd) a City Council public heating scheduled by April 20. The Capital Facilities Advisory Committee could be completed in the March/April timeframe. The City is required to adopt the Comprehensive Plan and CIP by July 1. A vote was taken on the motion, which carried unanimously. Real Estate Committee 2. Request to set Real Estate Committee meeting A Real Estate Committee meeting was set for Monday, January 4, 1993, at 4:00 p.m. Service Territory 3. Request to authorize City Light Director to sign service territory agreement Agreement with PUD with the Public Utility District (PUD) Mayor Hallett reviewed the information provided by the Light Department. Light Director Titus explained the Agreement and what it entailed, as well as the effects of this on City customers. Councilman Wight moved to authorize the Light Director to sign the Agreement with the PUD. Councilman Nichoison seconded the motion, which carried unanimously. Request for Zoning Code 4. Request for Zoning Code amendment Amendment Mike Schueler, 1115 S. Vine St., addressed the Council and proposed that Council give direction to the Planning Commission to make a Zoning Code amendment to the Retail Stand Permit, specifically relating to changes in the size and type of carts permitted. In response to an inquiry as to the timing of this request for consideration, Planning Director Collins indicated the Planning Commission could address it in the January/February timeframe. Mr. Schueler indicated time is of the essence, and he asked that Council initiate prompt action. Director Collins indicated this request is similar to that submitted by Mr. Neibert concerning a sign issue. Councilman Wight agreed it may be timely to reconsider the Retail Stand Permit requirements, as he recalled the initial regulations were written with Railroad Avenue in mind. Therefore, Councilman Wight moved that the Council request the Planning Commission to put this on the agenda for their next meeting, January 13, 1993. Councilman Nicholson seconded the motion, which carried by a majority vote, with Councilman Schueler abstaining. Traffic Issues 5. Intersections of Fifth and Race Streets and Eighth and Race Streets Councilman Wight commented on how it has become increasingly difficult to cross the intersection of Race Street at Fifth Street proceeding either east or west. It is also extremely difficult to turn onto Race Street from Fifth. He noted this area may be a future candidate for lights. His second concern was the intersection of Eighth and Race Streets. It is a lighted intersection, however, the NE comer of the intersection has no red zone to prevent parking so that it is difficult to maneuver into the turn lane. Mayor Hallett commented on the traffic problem when you are southbound on Race just south of First Street. These matters will be investigated by Public Works who will provide alternatives at a later date. ADJOURNMENT: The meeting adjourned at 10:00 p.m. -13-