HomeMy WebLinkAboutAgenda Packet 07/16/2002
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July 16, 2002
REGULAR MEETING - 6:00 p.m.
~ORTANGELES
AGENDA
CITY COUNCIL MEETING
321 EAST FIFTH STREET
WAS H I N G TON, U. 5 A.
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A. CALL TO ORDER - Regular Meeting (6:00 p.m.)
ROLLCALL-
PLEDGE OF ALLEGIANCE -
PUBLIC CEREMONIES, PRESENTATIONS
AND PROCLAMATIONS
1. Proclamation recognIzing Olympic Medical
Center quality rating score of 100%
2. Chamber of Commerce Report presented by
Russ Veenema, Chamber Executive Director
1
Read Proclamation
Present Report
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B. WORK SESSION
Governmental Fund ProJ ect
3
Conduct Work Session
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C. LATE ITEMS TO BE PLACED ON TillS OR FUTURE AGENDAS (By Council, Staff or Public) AND
PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of the
public to speak to the City Council about anything not on the agenda, please keep comments to 5-10 minutes.)
D. FINANCE
1. A ward Contract for Revitalization of 5
Carnegie Library
2. Fire Hall Roof Repair 11
E. CONSENT AGENDA
1. City Council Minutes - July 2, 2002 regular 15
meeting and July 9, 2002 special meeting 23
2. Check Register - July 9,2002 - $375,373.76 25
3. Bonneville Power Association Power 37
Contract Amendment
4. Amendment #1 to the Skillings - Connolly 39
Consultant Agreement
F. CITY COUNCIL COMMITTEE REPORTS
G. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
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Award Contract
Select Roofing System Repair
Accept Consent Agenda
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
july 16, 2002 Port Angeles City Council Meeting
Page - 1
RESOLUTIONS
Mantooth Annexation Request
43
Approve Election Ballot Measures
I. OTHER CONSIDERATIONS
1. Approval of 3- Year labor Contract between 61
City and IBEW #997
2. Petersen Preliminary Short Plat SHP 02-02 65
Appeal
3. Harbor Boat Operation and Temporary Use 85
Agreement Between City of Port Angeles and
Arrow Launch Service, Inc.
4. Preliminary Plat Approval of Ennis Creek 91
Sub-division
5. Approve Erickson Park Playground Design 133
6. Interlocal agreement with Housing Authonty 135
Approve Contract
Deny Appeal and Modify Street Improvement
Condition (Condition 3B)
Authorize Mayor to sign Agreement
Approve
Approve Design
Sign Agreement
J. PUBLIC HEARINGS - QUASI-JUDICIAL
(7:00 P.M. or soon thereafter)
YMCA Rezone REZ 02-04 149
Adopt Ordinance
K. PUBLIC HEARINGS - OTHER
Municipal Code Amendments - MCA 01-02B:
(PAMC Titles 14, 16, & 17)
L. INFORMATION
1. City Manager's Calendar & Reports (page 249)
· Institutional Network Implementation Consulting Services Report (page 251)
· Tnbal Canoe Journey Event (page 253)
2. Department of Community Development Monthly Reports - June 2002 (Page 255)
3. Public Works & Utilities Monthly Report - June 2002 (Page 257)
4. Fire Department Monthly Report - June 2002 (Page 259)
5. Police Department Monthly Report - June 2002 (Page 263)
6. Planning Commission Minutes - June 12 and June 26,2002 (page 273 & 287)
7. Board of Adjustment Mmutes - July 1 and July 5,2002 (Page 297 & 299)
175
Continue Public Hearing to August 20, 2002
M. EXECUTIVE SESSION (As needed and determined by City Attorney)
N. ADJOURNMENT
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements pertaining to matters such as, land use permit applications. proposed
amendments to City land use regulations, zoning changes. annexations. In addition, the City Council may set a public hearing in order to receive
public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek
public opinion through the public hearing process.
G'\CNCLPKlIAGENDA\02-0716.,.
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
July 16,2002 Port Angeles City Council Meeting
Page - 2
FORT ANGELES
WAS H I N G TON, USA
CITY OF PORT ANGELES
CITY COUNCIL MEETING
1.
CALL TO ORDER - REGULAR MEETING:
II. ROLL CALL:
Members Present:
Mayor Wiggins
Councilman Braun
Councilman Campbell
Councilmember Erickson
Councilman Headrick
Councilmember Rogers
Councilman Williams
Staff Present:
Manager Quinn
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T. Riepe
y. Ziomkowski
III. PLEDGE OF ALLEGIANCE:
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July 16. 2002
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CITY OF PORT ANGELES
~ORT ANGELES
WAS H I N G TON. USA
CITY COUNCIL MEETING
Attendance Roster
PLEASE SIGN IN
DATE OF MEETING:
July 16. 2002
LOCATION:
City Council Chambers
Please Note: IF.! plan on testifying by signature below, I certify that my testimony is true and
correct under penalty of perjury by the laws of the State of Washington.
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CITY OF PORT ANGELES
:pORT ANGELES
WAS H I N G TON. USA
CITY COUNCIL MEETING
Attendance Roster
PLEASE SIGN IN
DATE OF MEETING:
July 16. 2002
LOCATION:
City Council Chambers
Please Note: IF I plan on testifying by signature below, I certify that my testimony is true and
correct under penalty of perjury by the laws of the State of Washington.
,
. . :" / . I woufd'"like to
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Ageqda Item
No.,
City of Port Angeles
FORTANGELES
Ordinance/Resolution Distribution List
WAS H I N G TON, USA
City Council Meeting of
Julv 16. 2002
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City Atty. (1) J ~
Planning J ~
CIty Clerk (2) ~
Deputy Clerk (1) 1-/
Personnel
Cust. Sves.
Fmanee
DIr /Mgr.
Pohee Dept.
Fire Dept.
Light Dept.
Pub. Works (2) ,:;v'"
Parks & Ree.
MRSC (1) J v"
PDN (Summary) ~JfV\Yn V/
Extra Copies /
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TOTAL J J
Legislative Building
PO Box 40021
Olympia, Washington 98504-0021
Washington State Auditor
Brian Sonntag
(360) 902-0370
FAX (360) 753-0646
TDD Relay 1-800-833-6388
http://wwwwagov/sao/
July 12, 2002
Glenn Wiggins, Mayor
City of Port Angeles
321 East Fifth St.
Port Angeles, W A 98362
Dear Mayor Wiggins:
I would like to congratulate you on the City of Port Angeles's ninth consecutive
audit without a finding. This accomplishment shows the City's dedication to
sound financial operations and timely financial reporting.
We appreciate the City's proactive approach to operational and audit-related
matters. City management has been responsive to our recommendations and
has made timely improvements over the years. The City has taken steps to
protect public dollars by assessing risks related to waste, misappropriation and
abuse and taking action to ensure such instances are prevented or detected in a
timely manner. For example, in 2002, management had our Office give a
seminar on internal control procedures over cash handling activities to City
employees.
A critical component of the City's operations are its staff. We appreciate the close
working relationship we have had with City officials, especially Michael Quinn,
City Manager, Yvonne Ziomkowski, Finance Director, and Karen Asquith,
Accounting Manager, throughout the audit process.
I view our partnership as a model for relationships with other entities. I look
forward to our continued work together.
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PROCLAMATION
In Recognition of Olympic Medical Center's
Perfect "100 Percent" Score
WHEREAS, On July 11,2002, it was announced that Olympic Medical Center received a perfect
"100 percent" score from the Joint Commission on Accreditation of HeaIthcare
Organizations; and
WHEREAS, Olympic Medical Center has achieved this quality milestone that less than one percent
ofits hospital peers nationwide achieve. Of 4,765 hospitals accredited by JCAHO, less
than one percent achieves a perfect score of 100. The Washington State Hospital
Association congratulated OMC on such a unique achievement, with more than 500
standards that a hospital must comply when being surveyed; and
WHEREAS, This absolute standard reflects the level of performance every organization hopes to
meet. The surveyors reviewed the hospital's documents, reports, compliance
paperwork and other records; interviewed hospital leaders, department heads, nurses,
doctors, patients and their family members; analyzed dozens of hospital processes; and
inspected the physical plant, pharmacy, lab and rehabilitation facilities; and
WHEREAS, As Olympic Medical Center is a comprehensive health care provider for 64,500
residents of Clallam County, providing inpatient services at its 126-bed acute care
Olympic Memorial Hospital, outpatient services at a dozen locations throughout the
region, and operates a 125-bed skilled nursing facility, it is even more of an
accomplishment to realize that this absolute standard is one that every organization
hopes to meet; and
WHEREAS, The Joint Commission represents a benchmark in the care-giving industry for quality,
giving each patient the assurance that additional standards of excellence are in place,
giving OMC a great report card. This comes on the heels of a 2001 "perfect score" by
auditors from the State of Washington Department of Health in their annual review
of Olympic Medical Center's hospital, as well as imaging and physical therapy centers.
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NOW, THEREFORE, I, Glenn Wiggins, as Mayor and on behalf of the City Council, do hereby urge
all citizens to recognize and applaud Olympic Medical Center for their professionalism and quality
of service to our community that goes above and beyond the average.
Glenn Wiggins, Mayor
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Julv 16. 2002
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GOVERNMENTAL FUND PROJECTS
(GROUP.ACCT oCIP-GF Allocation)
TOTAL PROPOSED CITY FUNDS
CITY CFP PROJECT PROJECT REVISED REQUESTED REQUIRED
PRIORITY # COST 2002 BUDGET 2003 2002-2003
1 PK11-02 Waterfront Trail - Rayonler Mill Site 80,000 80,000 80,000
2 PK02-02 William Shore Memorial Pool Renovation 3,500,000 25,000 182,000 207,000
3 PK03-02 Olympic Discovery Trall-Rayonler to Morse Creek 290,000 36,000 114,000 150,000
4 FR02-02 Fire Station Roof Repairs 568,000 568,000 - 568,000
5 PK01-00 FrancIs Street Improvements 450,000 10,000 - 10,000
6 TR40-99 Lauridsen Blv /Alrport Road Realignment 2,139,350 125,000 125,000
7 GG12-99 Laurel Street Slide Repair 225,000 185,000 - 185,000
8 PK 16-99 City East Entrance - Street Trees/Improvements 75,000 25,000 25,000 50,000
9 TR61-99 8th Street Restoration 2,000,000 65,000 65,000
10 TR74-99 Sidewalk Program 435,000 25,000 25,000 50,000
11 GG01-02 Edlz Hook Rip Rap Repair 50,000 50,000 - 50,000
12 GG02-99 Renovate Carnegie Library 1,300,000 60,000 - 60,000
13 TR01-01 8th Street Bridge Replacement Design 1,400,000 - 280,000 280,000
14 TR26-99 ADA Curb Ramps/Chirpers 100,000 20,000 - 20,000
15 PK09-02 City Pier Dredging and Piling Replacement 140,000 - 25,000 25,000
16 GG02-01 Laurel Street Pavers (Railroad to 1st Street) 350,000 - 50,000 50,000
17 TR01-02 8th Street Bridge Construction 15,000,000 - - -
18 PK12-02 FranCIS Street Park Landscaping 80,000 - - -
19 GG03-00 Gateway Parking 4,500,000 - - -
20 Matching Funds for Community Projects 100,000 - - -
TR02-0 1 EnniS Street Slide 60,000 - - -
TR18-99 Llncoln/Laundsen Rechannel & Signal 453,000 - - -
TR20-99 Street Bicycle Facilities/Racks/Striping 120,000 - - -
GG01-0l Laurel Street Stair Repair 225,000 - - -
GG13-99 Downtown Convention Center 2,000,000 - - -
TR42-99 Laundsen Blvd. Bridge Widening 2,820,000 . - -
GG06-00 Gateway Sign 60,000 - - -
PK05-02 Art Education Center at PAFAC 250,000 - - -
PK10-02 Manne Lab ExpanSion 5,050,000 - - -
GG02-02 Purchase-School District Office Property 1,000,000 - - -
GG05-00 EnniS Creek Estates 250,000 - - -
44,820,350 1,274,000 701,000 1,975,000
Projects Available for Reinstatement If insurance proceeds
are received on Firehall Roof Repairs:
PriOrity # 2 18,000 18,000
PriOrity # 12 ( 200 000' 200,000
PriOrity # 17 - nOO 000 1\ 200,000
Priority #18 20,000 .?niinn 40,000
PriOrity #19 - ot(. 65,000 65,000
Priority #20 - 40,000 40,000
20,000 543,000 563,000
1,294,000 1,244,000 2,538,000
Prior Funds Available
Funds Available from 2001 Surplus
tOTAL
1,475,000
500,000
1,975,000
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DATE:
To:
FROM:
SUBJECT:
FORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
July 16, 2002
MAYOR WIGGINS AND CITY COUNCIL /
YVONNE ZIOMKOWSKI, FINANCE DIR~~
CAPITAL IMPROVEMENT PROJECTS
As a follow up to the Council meeting of July 2, 2002, attached is a prioritized list of Government
Capital Improvement projects which will have an impact on the budget process for 2003 and budget
estimates for 2002.
CIP funds available are $1,975,000 and include $500,000 from the 2001 budget. The projects are
prioritized to total this amount. However, we are hoping that the City will receive $563,000 from
WCIA Insurance in settlement ofthe claim related to the Fire Hall roof. The footnote at the bottom
of the schedule shows projects which will be reinstated if insurance proceeds for the Fire Hall roof
are received.
We are planning to have a work session at the Council meeting and obtain Council's
recommendations on the priorities and funding of these projects.
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GOVERNMENTAL FUND PROJECTS
(GROUP-ACCT oCIP-GF Allocation)
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TOTAL PROPOSED CITY FUNDS
CITY CFP PROJECT PROJECT REVISED REQUESTED REQUIRED
PRIORITY # COST 2002 BUDGET 2003 2002-2003
1 PK11-02 Waterfront Trail - Rayonier Mill Site 80,000 80,000 80,000
2 PK02-02 William Shore Memorial Pool Renovation 3,500,000 25,000 182,000 207,000
3 PK03-02 Olympic Discovery Trall-Rayonler to Morse Creek 290,000 36,000 114,000 150,000
4 FR02-02 Fire Stallon Roof Repairs 568,000 568,000 - 568,000
5 PKO 1-00 FrancIs Street Improvements 450,000 10,000 - 10,000
6 TR40-99 Lauridsen Blv /Airport Road Realignment 2,139,350 125,000 125,000
7 GG12-99 Laurel Street Slide Repair 225,000 185,000 - 185,000
8 PK16-99 City East Entrance - Street Trees/Improvements 75,000 25,000 25,000 50,000
9 TR61-99 8th Street Restoration 2,000,000 65,000 65,000
10 TR74-99 Sidewalk Program 435,000 25,000 25,000 50,000
11 GG01-02 Edlz Hook RIp Rap Repair 50,000 50,000 - 50,000
12 GG02-99 Renovate Carnegie Library 1,300,000 60,000 - 60,000
13 TR01-01 8th Street Bridge Replacement Design 1,400,000 - 280,000 280,000
14 TR26-99 ADA Curb Ramps/Chirpers 100,000 20,000 - 20,000
15 PK09-02 City Pier Dredging and Piling Replacement 140,000 - 25,000 25,000
16 GG02-01 Laurel Street Pavers (Railroad to 1st Street) 350,000 - 50,000 50,000
17 TR01-02 8th Street Bndge Construcllon 15,000,000 - - -
18 PK12-02 FrancIs Street Park Landscaping 80,000 - - -
19 GG03-00 Gateway Parking 4,500,000 - - -
20 Matching Funds for Community Projects 100,000 - - -
TR02-0 1 Ennis Street Slide 60,000 - - -
TR18-99 LlncolnlLauridsen Rechannel & Signal 453,000 - - -
TR20-99 Street Bicycle Facilities/Racks/Striping 120,000 - - -
GG01-01 Laurel Street Stair Repair 225,000 - - -
GG13-99 Downtown Convention Center 2,000,000 - - -
TR42-99 Lauridsen Blvd. Bridge Widening 2,820,000 - - -
GG06-00 Gateway Sign 60,000 - - -
PK05-02 Art Education Center at PAFAC 250,000 - - -
PK10-02 Marine Lab Expansion 5,050,000 - - -
GG02-02 Purchase-School District Office Property 1,000,000 - - -
GG05-00 Ennis Creek Estates 250,000 - - -
44,820,350 1,274,000 701,000 1,975,000
Projects Available for Reinstatement If insurance proceeds
are received on Firehall Roof Repairs:
PriOrity # 2 18,000 18,000
PriOrity # 12 40,000 40,000
PriOrity # 17 - 360,000 360,000
PriOrity #18 20,000 20,000 40,000
Priority #19 - 65,000 65,000
Priority #20 - 40,000 40,000
20,000 543,000 563,000
1,294,000 1,244,000 2,538,000
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Prior Funds Available
Funds Available from 2001 Surplus
TOTAL
1,475,000
500,000
1,975,000
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Peninsula I,nternational Relations'Association
P:O. Box' 555
Port Angeles, WA 98362-0113
Fax: (360) 452-1950
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:. Mutsu City Mayor Sugiyam~ Visit To P A
July 2002' "
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July 28. Sl1;nd,ay
, 8: fOam: Arrive Seatac Nw 008 '
, Greeted and transport~d to P A by PIRA repre~entatives:
6:00 pm:' Dinner with ~~. '..
, ,
July 29 Monday ,
10:00 am: Meeting with Dr. Cohn at Central Service.
11: 15 am: Meeting with Mayor Wiggins at City Hall.
, 12: 15 pm: Lu~ch wit~ Mayor Wiggit:ls an4 Council members at. Downriggers.
i: 15 pm:, Sightseeing/shopping/relaxing with ~IRA members.
5:30 pm: Sister City Friendship'Bridge Dedication Ceremony with both Mayors. '
7:00 pm: Far~well dinner at PAHS,cafetetia:', :',.' r '
'July 30, Tuesday.
9:00 am: 'Depart PAfor Seattle.
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Delegatjon members:
, Mayor Sugiyarml, . " ' , " ,'. ' ,
( Signed Sister City agreement with Mayor Sargent in 1995. 7th Visit to PA)
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Shozo Makino
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, Retired Principal (2 vi~it~ to PA as,Principal ofTanabu Senior High School)
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Shugi Ishibashi . ' , '
. Mutsu City Hall ( Se~ up Mayor ?oyl~'s ;visit to Mutsu in,2001. Ist~sit ~o PA)
'r \,' , ' l -', c
. David Tarre ." .'
.' Mutsu City Hall/Interpreter.(American Hying i~'Mustu. 1st visitJo PA)
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M I R A - P I R A SUM:MER PROGRAM
July 24 through July 31, 2002
~De.dav. July 14
3:00 PM Japanese delegation arrives at Sea- T lC - United Airlines flight
1010 from San Francisco. Nick K.avadas and ,:huck LeBer ofPIRA driving
1 bus and 1 van.
7:00 PM Delegation arrives at Vern Burton g 1m, 4th and Peabody in PA.
Host families meet, greet and take horne studt nt members of delegation.
Adult hosts and dignitaries nornPA take Japanese adults to 8:00 PM dinner
at Bushwhacker. No host dinner, except PIR^ pays for Japanese adults.
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9:00 AM Host families drop offall Japanese ,ielegates at Vem Burton gym.
Delegation will travel to Salt Creek Recreatioll Area for morning tidepool
classes and barbeque lunch.
2:00 PM to 3,:00 PM Delegation visits Crestv'ood Convalescent Center.
3:00 PM to 5:00 PM Delegation goes shopping around PA
~:15 PM Host families pick up all delegates ;\t Vem Burton gym.
NO GROUP ACTIVITIES SCHEDULED Tl lIS EVENING
Frldav. JulY 16
9:00 AM Host families drop off delegation 1 nembers at P A Senior Center,
7th and Peabody in PA. English and Japanes( classes 9:00 AM until Noon
12:00 Noon Bus and van transport delegation to Godfather's Pizza in PA
for lunch.
1 :30 PM Bus and van transport delegation to Hurricane Ridge for
sightseeing and hiking.
~:15 PM Host families pick up all delegates It Vem Burton gym.
7:30 PM Host families bring all delegates to Nifty 50's Ice Cream Parlor at
923 East 111I St. P A for Ice Cream Feed - All jelegates and host families paid
for by PIRA.
,
Saturdav. Julv 7.7
9:00 AM Host families drop offall delegates at PA Senior Center
All delegates will participate in cooking classl's and will prepare lunch
12:00 Noon Host families and friends invite(1 to eat lunch prepared by
Summer Program participants. Bring a friend to taste the wonderful food
and get an introduction into the program.
Saturday afternoon and Sundav. JulI.ll 1 \veryone is free to have fun
With the delegation, host families and friends.
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7: 30 AM Host families drop off all delegate~ at Coho Ferry Dock in P A for
8:15 AM departure to Victoria. PlRA will pay round..trip fares for all
Japanese delegates and American students. A merican adults must pay own
fare.
IMPORT ANT: EVERYONE MAKING THl \ TRIP TO VICTORIA MUST
BRING AT LEAST ONE FORM OF ID TO 'fHE TERMINAL,
PREFERABLY A PASSPORT, OTHER PIC r\JRE ID, OR BIRTH
CERTIFICA TE.
With security measures as they are, it would tIe a good idea to bring 2 pieces
of identification if possible.
5:30 PM Immediately following ferry arrival in PA, all delegates, host
families, and other dignitaries are invited to " iew the new SISTER CITY
FRIENDSHIP BRIDGE DEDICATION at the site of the new bridge over
Valley Creek in the P A estuary park. FollOWing a short ceremony by both
Mayors, everyone return borne to freshen up and change for:
7:00 PM Farewell dinner at PA High School cafeteria hosted by PIRA.
ruesdav. Julv 30 Host families drop off all delegates at Vem BurtOn gym
for departure to Seattle. Delegation will see ,1 Mariner's game at Safeco
Field that night and depart for Japan the following day.
THANK YOU ALL FOR YOUR PARTICIPATION. WITHOUT YOU,
NONE OF THIS WOULD BE POSSIBLE.
Questions? Call Cindy Sofie at 457~S063 OJ Dave Bentley at 452-7330
PS: 'Mutlu City Mayor Sugiyama and a slnall delegation will arrive In
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Port Anaeles Sunday, July %8 and leave Tuelday, July 30. A separate
Idnerary for this vi.ft I, available - call Tad Price at 452.. 3566. !
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pORT ANGEL,ES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Award of Contract for Port Angeles Carnegie Library Revitalization, Project 97-08
Summary: Council directed that the Carnegie be renovated/restored based upon available
funds. Bid proposals for the Carnegie Library Revitalization, Project 97-08 were opened July 2,
and Hoch Construction, Inc., Port Angeles, W A was the lowest, responsible, and responsive
bidder.
Recommendation: Award and authorize the Mayor to sign the contract for the Carnegie
Library Revitalization, Project 97-08, with Boch Construction, Inc. in the amount of
$1,105,953.32 for the base bid and all additive bid items. Also direct the Public Works and
Utilities Director to issue a notice to proceed only for the base bid. Upon receipt of
additional funds the Director shall issue additional notices to proceed for the additive bid
items.
Back2round / Analysis:
Bids were opened on July 2, 2002 for the subject project. The contract documents required a base
bid, and seven additive bid items, to ensure that the project could be awarded within available
funds and that restoration work was prioritized by order of significance. Five bidders responded
and the results are as noted on the attached sheet. Four of the five bidders are local. Hoch
Construction, Port Angeles, is the lowest, responsible, and responsive bidder with a base bid of
$957,346.03. Hoch Construction remains the low bidder for all additive bid items with a total
price of$I,105,953.32. Attached is the bid results.
The project consists of a complete revitalization of the Carnegie Library. The revitalization will
include a structural retrofit, handicap access, installation of heating and ventilation, as well as
significant historical restoration. Prioritization of work for the additive bid items (see attached)
was developed with input from the Clallam County Historical Society and the Clallam County
Heritage Advisory Committee. Representing these groups was Frank Ducceschi, Vice President
Historical Society and June Robinson, President Historical Society and Chairperson Heritage
Advisory Committee.
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July 16, 2002 City Council
RE: Port Angeles Carnegie Library Revitalization, Project 97-08
Page 2
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Funding for this project comes from several sources as identified below in Table I.
Table I: Funding for Construction
Source Status Amount Planning
Budeet
City - 2001& Prior Available $800,000 $800,000
City - 2002 Pending $60,000 $60,000
Walkling Trust Requested $200,000 $200,000
Sub Total $1,060,000 $1,060,000
State Grane Requested $205,000 $100,000
Federal Granf Requested $252,000 $0
Potential Total $1,457,000 $1,106,000
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Notes:
1 - Washington State Heritage Grant $340,000 ($205,000 for construction and $135,000 for furnishings, etc).
Committee decision to be made late August/early September with funds available July 1,2003. Anticipate a 50%
award. Therefore, $100,000 for construction. Work may not start on grant funded items until after July 1,2003.
2 - Federal Save America's Treasures Grant $252,000. Structure must be on the National Historic Register and have
national historic significance. The Carnegie Library does not meet the minimum criteria. Therefore, it is not
anticipated any funds will be made available.
Please note that this project was developed with resources including $200,000 from the Walk1ing
Trust, from which we have previously received their promise to designate funds. However, their
commitment has been impacted by the overall economy in terms of reinvestment and by the
condition that their money be "last in" and part of other leveraged funds. It is felt that this
commitment can be firmed during the project and that there is room for future CFP resources as
experienced in past years. The major point here is that we are proceeding with a somewhat soft
commitment to award the project now, knowing that it is necessary to have control to acquire
these resources later.
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July 16,2002 City Council
RE: Port Angeles Carnegie Library Revitalization, Project 97-08
Page 3
The cost estimate for the base bid and additive bid items is summarized below in Table II.
Table II: Low Bid Construction Funding Required
Item Cost w/Sales Tax Cumulative Cost Grant Funding Potential
Base Bid $957,346.03 $957,346.03 Not Eligible
Additive Bid #1 $7,403.04 $964,749.07 $7,403.04
Additive Bid #2 $6,723.55 $971,472.62 $14,126.59
Additive Bid #3 $24,886.00 $996,358.62 $39,012.59
Additive Bid #4 $59,937.39 $1,056,296.01 $98,949.98
Additive Bid #5 $37,745.57 $1,094,041.58 $136,695.55
Additive Bid #6 $6,190.12 $1,100,231. 70 $142,885.67
Additive Bid #7 $5,721.62 $1,105,953.32 $148,607.29
Contingency $100,000
The base bid plus the contingency totals $1,060,000. Because of the nature of the work involved
with major renovation/restoration of older structures, a $100,000 contingency is considered
essential to the success of the project. As the project approaches its final stages, the contingency
can be released for additional additive work as appropriate.
It is recommended that the base bid and all additive bid items be awarded but a notice to proceed
be issued only for the base bid work. Awarding all items at this time will preserve the additive
bid prices until July 1,2003. If the additive bid items are not awarded a potential exists for the
prices to be increased. The notice to proceed for the seven added items does not have to be
issued until July 1,2003. If funds do not become available from the grant then those additive bid
items would be deleted from the contract by a change order.
Attachments: Bid Tabulation
Additive Bid Item Descriptions
N:\CCOUNCIL\FINAL\CCAward _A_Carnegie Library.wpd
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n IproJectsl9708lrestorallOnlb,dtab xis
BID TABULATION FOR CARNEGIE LIBRARY REVITALIZATION
PROJECT NAME Revitalization of The Port Angeles Carnegie Library
PROJECT NO: 97-08
DATE: 07/02/02
"The basis for determining the lowest responsible bid shall be the base
bid plus the sum of those alternates which, in numerical order, are within
the City's available funds." Total available funds are $1,000,000.
Architect's Hoch Construction Aldergrove Const. Vision Builders Inc. Primo Construction Steele-Corp.
Estimate Inc. (Port Angeles) Inc. (Port Angeles) (Port Angeles) Inc. (Carlsborg) Electric (Edmonds)
DESCRIPTION AMOUNT (inc. tax) AMOUNT (inc. tax) AMOUNT (inc. tax) AMOUNT (inc. tax) AMOUNT (inc. tax) AMOUNT (inc. tax)
Base Bid $852,940.60 $957,346.03 $1,144,644.55 $983,538.00 $981,885.79 $1,233,480.00
Alternate 1 $20,017.00 $7,403.04 $11,051.55 $13,508.77 $22,228.61 $23,419.89
Subtotal $872,957.60 $964,749.07 $1,155,696.10 $997,046.77 $1,004,114.39 $1,256,899.89
Alternate 2 $14,390.60 $6,723.55 $11,196.54 $10,390.45 $6,608.86 $15,571.06
Subtotal $887,348.20 $971,472.62 $1,166,892.64 $1,007,437.22 $1,010,723.25 $1,272,470.95
Alternate 3 $12,118.40 $24,886.00 $14,542.08 $15,236.72 $18,022.87 $14,747.66
Subtotal $899,466.60 $996,358.62 $1,181,434.72 $1,022,673.94 $1,028,746.12 $1,287,218.61
Alternate 4 $53,126.20 $59,937.39 $59,113.99 $56,664.34 $59,451.57 $62,245.30
Subtotal $952,592.80 $1,056,296.01 $1,240,548.71 $1,079,338.28 $1,088,197.70 $1,349,463.91
Alternate 5 $39,925.80 $37,745.57 $42,153.64 $19,523.61 $36,448.25 $53,245.22
Subtotal $992,518.60 $1,094,041.58 $1,282,702.34 $1,098,861.89 $1,124,645.95 $1,402,709.13
Alternate 6 $4,652.60 $6,190.12 $6,107.89 $6,126.28 $6,223.66 , $6,086.25
Subtotal $997,171.20 $1,100,231.70 $1,288,810.23 $1,104,988.17 $1,130,869.61 $1,408,795.38
Alternate 7 $7,033.00 $5,721.62 $15,341.68 $7,748.20 $7,809.88 $10,760.49
TOTAL $1,004,204.20 $1,105,953.32 $1,304,151.91 $1,112,736.37 $1,138,679.49 $1,419,555.87
I I I I I I
Page 1
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Bid Alternate 1:
Bid Alternate 2:
Bid Alternate 3:
Bid Alternate 4:
Bid Alternate 5:
Bid Alternate 6:
Bid Alternate 7:
BID ALTERNATES
Wood Flooring Finished - Repair and Refinish Upper Floor Wood
Flooring
Brick Masonary Veneer - Furnish Masonry-veneer Chimneys above roof
Castings - Cast Iron Front Porch Candelabrum
Ornamental Sheet Metal - Furnish Pediment and Pilaster Scrolled-caps
with Cresting Leaves
Ornamental Metal Castings - Furnish Bronze Marquee Cresting
and
Ornamental Sheet Metal - Furnish Copper Marquee Cladding
Ornamental Sheet Metal - Replicate Conductor Heads, Caps and
Downspout Brackets
Finish Carpentry and Wood Flooring - Install salvaged wood flooring in
downstairs Meeting Room
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~~}OIRT~r Ni rG" fEILIE, ,IS'
II ' . . . J I _' . ~
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MA YOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Fire Hall Roof Repair, Project 21-14
Summary: The design consultant for the Fire Hall Roof Repair project has given the City three
options on the roof system. The City must select an option and direct the consultant to proceed
with the design.
Recommendation: Direct the Public Works and Utilities Director to proceed with the
desi n and installation of a modified bitumen 2- I membrane s stem.
Backl:round / Analysis: The design effort is proceeding for the subject project. The consultant
Wiss, Janney, Elstner Associates Inc. (WJE) has requested the City select a roofing system based
upon information provided. The attached letter from WJE outlines the pros and cons of several
roof systems. The City must select one of the three roof membrane options identified based upon
features and cost.
Staffhas reviewed the options presented and concurs with our consultant that the "modified
bitumen 2-ply membrane system" is the most appropriate system for the Fire Hall. Contact has
been made with local roofing contractors and they indicated that they have experience with the
recommended system. In discussions with other roofing design professionals they have
concurred that the recommended system is the most appropriate.
There is a price associated with the higher quality system. The preferred system is approximately
$20,000 to $35,000 higher than the existing in place system. The City will be responsible for this
additional cost if the preferred system is selected per discussions with Washington Cities
Insurance Authority (WCIA). If the insurance pays for the roof project, it will only cover the
costs for replacing existing in-kind materials. No decision has been rendered as to the extent of
insurance coverage on the total cost of the project. It is projected a decision will be rendered
later this month. A decision on the roofing system is required now to ensure the roof repairs are
accomplished prior to the rainy season.
The construction cost estimate for repairs is $409,000. This includes replacing the gypsum board
ceiling in the apparatus bay of the Fire Hall at an estimated cost in excess of $40,000. It is not
planned nor desired to reinstall the gypsum board. The mechanical equipment, piping and
N.\CCOUNCIL\FINAL\CCmemol_A]ire Hall Roof Repalr.wpd 11
July 16, 2002 City Council
RE: Fire Hall Roof Repair, Project 21-14
Page 2
trusses will remain exposed and painted a uniform color. The credit for deleting the gypsum
board ceiling is nearly equal to the cost of the roof membrane upgrade. Therefore, if the City
chooses to upgrade the roof membrane the project would remain at the current cost estimate. On
the other hand, if the project is covered by the insurance policy and the City chooses not to
upgrade the roof membrane system, the City would be reimbursed for deleting the gypsum board.
The recommendation for the modified bitumen 2-ply membrane system is based upon the
redundancy in membrane plies, the membrane systems thickness and puncture resistance, the
ease of application and track record for long-term performance and serviceability.
Attachments: Roofing Membrane Replacement Options
N.\CCOUNCIL\FINAL\CCmemol_A]lre Hall Roof Repalr.wpd 1 2
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ROOFING MEMBRANE REPLACEMENT OPTIONS
Modified Bitumen 2-ply Membrane System
1. Composed of two plies: a base sheet and fabric reinforced cap sheet - provides redundancy to the
membrane system if the cap sheet is punctured.
2. Total thickness of approximately 180 mils.
3. Resistant to Ultra-Violet (UV) degradation.
4. Cap sheet has excellent strength and puncture resistance.
5. Inherent flexibility of the material and the installation method provide for easier application of unique
flashing details.
6. A ten (10) year manufacturer's roofing system warranty is standard.
7. Additional cost of$1.50 to $2.50 per square foot ($20k-$35k).
Reinforced Polyvinyl Chloride (PVC) Sheet Membrane
1. Single-ply thermoplastic 48 to 96 mils, with reinforcing scrim.
2. No puncture redundancy.
4. Resistant to UV degradation.
5. Solar reflectance that may result in a reduction of building cooling costs.
6. Slippery when moisture is present.
7. A ten (10) year manufacturer's roofing system warranty is standard.
8. Membrane can be bonded to metal and makes reliable flashing material.
9. Additional cost $.50 to $2.50 per square foot ($7k-$35k).
Hypalon Single-Ply Membrane System
1. Single-ply chlorosulfonated polyethylene (CSPE) synthetic rubber - approximately 45 mils with
reinforcing scrim.
2. No puncture redundancy.
3. Resistant to UV degradation.
4. Excellent oil and chemical resistance.
5. Solar reflectance that may result in a reduction of building cooling costs.
6. Slippery when moisture is present.
7. Very difficult to repair over time as it ages.
8. A ten (10) year manufacturer's roofing system warranty is standard.
9. No added cost.
RECOMMENDATIONS
Based upon the redundancy in membrane plies, the membrane systems thickness and puncture resistance,
the ease of application and track record for long-term performance and serviceability, it is recommended
that the fully adhered modified bitumen membrane system for used on this project.
N:\PROJECTS\21-14 FH Roof\CCmemo-ROOFING fE~RANE REPLACEMENT OPTIONS.doc
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14
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
)
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENT A TIONS AND
PROCLAMATIONS:
Retirement & Recognition
of Service: Jean Hordyk
CITY COUNCIL MEETING
Port Angeles, Washington
July 2,2002
Mayor Wiggins called the regular meetmg of the Port Angeles City Council to order at
6:00 p.m. '
Members Present:
Mayor Wiggins, Councilmembers Braun, Campbell,
Erickson, Headrick, Rogers, and WIllIalps.
Members Absent. None
StafJPresent.
Manager Qumn, Attorney Knutson, M. Connelly, G. Cutler,
Y ZlOmkowski, M. Pennino, S. Roberds, L. Haehnlen, G.
Kenworthy, 1. Cole, D. DIck~on, 1. Hordyk, B. OlIver, J.
Hebner, C. Kochanek, B. Coons, and S. Johns.
Publzc Present:
1. Butler, EKing, 1. Martm, H. Martin, R. Anderson, L.
Lee, T. Price, L. Rasmussen, M. Rudm, 1. Nichols, AJ.
Denhart, J. Seniuk, 1. Heber, P. Lamoureux, 1. Pittis, J
Heckman, R. Heckman, and R. Smellmg.
The Pledge of AllegIance was led by Parks & RecreatlOn Director Marc Connelly.
1. Retirement & Recognition of Service: Jean Hordyk
Prior to readmg the proclamation, Mayor Wiggins invited attendees to speak about Jean
Hordyk and her service to the City and to the Semor Center.
Barb Oliver, Aquatics Coordinator for the WIlliam Shore Pool, has worked WIth Jean
for 24 years and stated that Jean has been a wonderful asset to the City and a wonderful
co-worker.
Howard Martin, 980 Tamarak Lane, who has known Jean 25 years in connection wIth
the Senior Center, recalled various capacities in which he and Jean worked together,
mentioning specifically the computers for the Center's computer lab which Jean and
members worked to procure for over SIX years. He thanked Jean for all her hard work.
Elaine King, 938 W. 15th, added that working with Jean had been a wonderful
experience and that she has enjoyed seeing the senior members learn new skills and
enJoy what they have learned. This could not have been accomplished without Jean's
support, and all involved are very grateful.
DIrector Connelly noted that this recogmtion is in honor of a very lengthy term of
service to the commumty. During Jean's thirty-two years of service, we've had seven
presidents, six City managers, five parks directors-which is a dedIcation to the serVIce
of one member of our community.
Mayor Wiggins read the proclamation and thanked Jean for her service to the City, the
1-5
CITY COUNCIL MEETING
July 2, 2002
PUBLIC CEREMONIES,
PRESENT A nONS AND
PROCLAMA nONS:
(Cont'd.)
National Aquatic Week-
July 14 - 20, 2002
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
Senior Center, and to the community.
Jean thanked everyone, complimented the crew, and stated that she will miss working .
with the City but IS looking forward to her new career WIth US Customs.
2.
National Aquatic Week - July 14-20, 2002
Recreation Services Manager Jerry Cole explained that this week is set aside as NatIOnal
Aquatic Week to honor the AquatIcs profession throughout the United States and that
it IS a National Parks & Recreation program. The William Shore Pool and its staff have
several events planned for the week, including a family night, water safety programs,
and games with the chIldren during open swim times.
Barb Oliver further emphasized family night and invited all to join in the festivities.
Mayor Wiggins read the proclamation and presented it to Mr. Cole.
Darlene Ryan, 1217 East 7lh Street, asked to place the Fine Arts Center proposal on the
agenda. As the new President of the Board, Ms. Ryan complimented the dedication,
commitment, and hard work from all involved in running the Fine Arts Center. She
introduced Carol Knebes, the former Chairman of the Board; Jake Seniuk, Fine Arts
Center Director; Jeanne Martin, Board Member; Mim Foley, President of the Friends
Board; Bob Allman, Foundation Chairman; Joe Denhart, Salomon Smith Barrney, Inc.;
and JIm Butler, former President of the Board.
Jim Butler, 711 Milwaukee Drive, thanked the Council for allowing the Center to be
placed on the agenda. Explaining laws and restrictions on shifting from City
management to professional management, Mr. Butler provided background information .
on the change of an investment advisor and referred to the proposal provided to
Councilmembers. He added that the investment guidelines had not been changed.
Bob Allman, 3208 Maple, explamed two substantial advantages to making this change:
1) to reduce the management fees from 2.5% to 1.25%, and 2) to give the Center local
contacts for consultation. Referring to the new portfolio, Mr. Allman stated that it will
be less volatile in the market and urged the adoption of this contract.
City Attorney Knutson stated that City staff has reviewed the investment management
agreement and that all detaIls are being worked out; the agreement will be acceptable
to the City staff.
Councilman Braun moved that the City Council authorize the change in
Investment Managers from US Bank to Salomon Smith Barney, Inc. and authorize
the execution of the agreement for the new contract set forth by the Fine Arts
Centers, citing the changes; Councilmember Rogers seconded the motion, which
passed unanimously.
Jerry Nichols, 330 East 1 sl Street, and Mel Rudin, 1002 Strait View Drive, referring to
the commissioned study in 1996 for a golf course site alongside the airport, mentioned
AGS (Airport Golf Services) who IS in the process of making a proposal to the Port
Authority to develop a golf course. Mr. Nichols urged the Council to consider this
project as it will generate revenue to the City. AGS will develop the course, manage
It, and the community would enJoy profits through employment and investments. The
Port Authority is to take action on this by July22, 2002, in the form of a memorandum .
of understanding. He further encouraged the City to have a staff member assist in the
process.
Followmg a brief discussion, Mayor Wiggins thanked Mr. Nichols and Mr. Rudin for
1-6
LATE ITEMS TO BE
PLACED ON THIS OR
,- .FUT-URE AGENDAS:
(Cont'd.)
Break
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS:
(Cont'd.)
PUBLIC HEARINGS -
OTHER:
Cap1tal Facilities Plan /
Transportation
Improvement Project
Public Hearing and
Adoption
Resolution No. 5-02
CITY COUNCIL MEETING
July 2, 2002
bringmg thIS to the Council's attentlOn. Manager Qumn added that the City would
defillltely aSSIst in thIS and appointed DIrector Connelly as the City contact person.
Paul Lamoureux, 602 E. Whidby, showed Councilmembers the most recent copy of the
AAA travel magazine, refernng to the advertisement WhICh IS very complImentary to
the work that the City of Port Angeles is doing, speCIfically the Mantlme Museum, the
Fountain area, and the PIer. Mr Lamoureux asked about the pavmg and landscaping
by the hbrary and about weed spraying m conjunctlOn with street sweepmg.
Manager Qumn responded that the library IS a separate governmental agency, that the
library dIstrict is responSIble for theIr facility, and that the CIty IS spraymg for weeds.
Vincent CIpriano, 815 S. Peabody, spoke to the 28% rate hIke in utiliry bills and added
that he IS takmg a stand to not pay hIS bill. He feels thIS rate was cnminally done, and
when and if this issue is resolved m court, he wIll pay his bill shoul~ the court decide
the rate was raised leg1tImately.
Mayor Wlggms recessed the meeting for a break at 6:45 p.m. l"he meetmg reconvened
at 7:05 p.m.
Mayor WIggins placed a contemplative letter to the Comrpissioners on the agenda as
Item No 4 under "Other Considerations."
Councilman Williams asked that an update on the Morse Creek Hydro Project be added
as Item No.5 and a progress report on the Discovery Trail be added as Item No 6 under
"Other ConsideratlOns."
Public Works & Utilities Director Glenn Cutler reviewed the changes requested in the
last public hearing.
Councilman Williams inquired about the Morse Creek Hydro Project and if it should
be included in this plan. Director Cutler explained that it is not necessary for it to
appear in the CFP.
Councilman Braun referred to No. lIon page 82 of the Council packet, the Peabody
Street Reconstruction, and asked if this should not have a higher pnority. D1rector
Cutler responded that It 1S scheduled for 2004 in order to do design work in 2003 to
have the reconstructlOn completed in 2004. Because the City will replace the annual
overlay, it is possible, he added, to move it up. Council will consider moving the
project to a higher level.
Mayor Wiggms opened the public hearing at 7:10 p.m.
Paul Lamoureux, 602 E Whidby, referring to an article in the paper on this date that
mentlOned $1.35 million for des1gnmg and replacing of the 8th Street bndges, the paving
and chip seal paving program, and $360,000 for preliminary construction of the 8th
Street bridge replacements, and asked what the total would be for these replacements.
D1rector Cutler responded that there are two projects being identified but that they are
being handled together. One is to do the design; the second is the actual construction.
The estimated cost for both bridges is about $16 million dollars. The City has received
grants through the State for about $13 million dollars and is pursuing an additlOnal grant
through the State for over $3 million dollars. The $360,000 1S part of the City's match
money. The leverage would be about $600,000 with $15 million in grants from the
~~. '
Mr. Lamoureux requested that a,clearer explanation be presented to the community in
17
CITY COUNCIL MEETING
July 2, 2002
PUBLIC HEARINGS -
OTHER:
(Cont'd.)
FINANCE:
A ward Contract for
Peabody Heights Floating
Reservoir Cover
Equipment Purchase:
Landfill Front End Loader
for the Compost Facility
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
order for all to better understand the financial aspects of the proJects.
Mayor Wiggins pointed out that the design cost is about 10 percent of the total
reconstruction cost and asked Director Cutler if this is normal. Director Cutler
responded that the cost is usually 10-15 percent, adding that what also has to be
considered IS soil exploration, permitting, public hearings, and a number of other efforts
in a project of this magnitude. The CIty is working wIth the State to refine the project.
In response to Mr. Lamoureux's questions, Director Cutler informed him about
information available m the office on the projects and would be more than happy to
share that informatIOn.
.
Mr. Lamoureux wondered about any conSideration being gIven to the WIdening of9lh
Street from Lincoln to Chase because problems have resulted for through traffic. He
asked a second question about the speed limit of 25 mph on Cherry Street, and, if the
street were widened, the speed limit could be raised to 35 mph.
Mayor WIggms drew Mr. Lamoureux's attention to Item No. 29 on page 82 of the
packet, whIch is the 9th Street widening.
There being no further testimony, Mayor Wiggins closed the public hearing at 7: 19 p.m.
and read the ResolutIOn by title, entitled
RESOLUTION NO. 5-02
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, adopting the Six-Year Capital Facilities
Plan/Transportation Improvement Program (TIP) for 2003-2008.
Councilman Braun moved to pass the Resolution as read by title. Councilmember .
Erickson seconded the motion, which passed unanimously.
1.
Award Contractfor Peabody Heights Floating Reservoir Cover
Mayor Wiggins requested a motion to table this Item until more information is
available. Councilmember Erickson moved to table the motion, pending further
study. Councilmember Rogers seconded the motion, which passed unanimously.
2. Equipment Purchase: Landfill Front End Loader for the Compost Facility
Following a brief summary by Director Cutler, Councilman Campbell moved to
reject the bid from Coastline Tractor for failure to meet the specifications and
authorize the Mayor to sign a contract with Brim Tractor of Lynden for a new
front end loader in the amount of $81,404.43 ($78,962.30 including sales tax and
a 3% discount for payment within 30 days of receipt of the equipment).
Councilman Braun seconded the motion, which passed unanimously.
Councilman Williams moved to accept the Consent Agenda to include: 1)
City/County Joint Session Minutes - June 11, 2002, Special City Council Meeting -
June 15, 2002, City Council Regular Meeting of June 17, 2002; 2) Check Register -
June 21, 2002 - $370,793.49; 3) Electronic Payment - June 21, 2002 - $142,104.00; 4)
Payroll Information for June 23, 2002 - $516,745.71; and 5) Award Contract for 2002
Street Paving Program. Councilmember Rogers seconded the motion, which passed
unanimously.
Councilmember Rogers mentioned the amount of Salmon Restoration money that has .
been allocated to the State - $110,000 with the State's matching funds of $47 million
for a total of $158 million and asked if some of this money could also be allocated to
18
CITY COUNCIL
COMMITTEE
----- -REP0Rq'S:
(Cont'd.)
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
RESOLUTIONS:
Petition for Vacation of
Right-Of-Way - YMCA:
Petition for vacation of a
portion of the 3/4 alley
west of Francis Street
Resolution No. 4-02
CITY COUNCIL MEETING
July 2, 2002
help wIth stormwater issues. She is continuing to pursue thIS wIth Congressman Dicks'
office She also attended a Trade Secunty & Transportation Conference sponsored by
Senators Cantwell and Murray, statmg it was educatIOnal. One of the key items was the
allocation of federal money to local fire and polIce departments to be ready for a
possible attack ofterronsm. Congressman DICks thought it was critical that the money
does flow down and asked that the local governments keep hIm posted if problems
occur. Referring to Referendum 51, she also mentIOned that there IS much pressure
to pass the referendum for the transportatIOn dollars, because If It fails, Senator Murray
WIll not be able to procure transportation money for the State; the federal government
WIll only fund 80%, the State needs to match 20%. The CounCIl must take the tIme to
explain these issues to the voters regardmg the consequences of the referendum's
success or failure.
Following a questIOn regarding the Penmsula as a safe haven in the event of a terrorist
attack in the Puget Sound area, Fire ChIef Dan McKeen stated that most Issues involve
CIty Junsdlction. The Penmsula, Kltsap County, Jefferson County, or even Clallam
County could be greatly Impacted by Kmg or Pierce Counties. The priority is for
dealmg wIth the threat locally and then lookmg at secondary impacts. The Fire
Department IS m receipt of equipment to recognize chemical/bio-hazard events. Police
Chief Reipe added that the Department is now on a number of task forces connected to
the Attorney General's office and the FBI out of Seattle and do receive bnefings. They
are also working with the Coast Guard and other entItIes 'on harbor security
Mayor Wiggins mquired about local planmng for the safe haven. Chief McKeen
responded that the CIty and Clallam County, as well as other jurisdictIOns, have been
looking at these issues and are currently re-writing the disaster response and mitigation
plan. The CIty is also working regionally to improve inter-operability WIth all other
agencIes.
Councilman Braun represented the Mayor and Council m welcoming the Genealogy
Society at Peninsula College and read a letter from Chairman June Robmson which
thanked Mr. Braun and the City. Mr. Braun also attended the Outstanding Public
Service Award luncheon; reported that the first Ice Staking facilIty meeting will be on
July 22, 2002, at 7:00p.m.; and presented brochures on fixtures for lightmg on the
replacement bridges.
Mayor WIggins mentIOned that Lawrence Gaydeski was severely burned while welding
and is now m satIsfactory condItion in Seattle, adding that conveying good WIshes to
him would be most appreciated. He further mentioned that the Congress of Cities is
scheduled in Salt Lake City, Utah, on December 3-7,2002 and that he had attended the
opening ceremonies at the new Quillayeute Coast Guard Facility m LaPush.
Councilmember Rogers informed Councilmembers that an extra vehicle is available for
the Fourth of July parade and urged members to nde in the parade.
None.
Following a summary by Assistant Planner Sue Roberds, Mayor Wiggins read the
ResolutIOn by title, entItled
RESOLUTION 4-02
A RESOLUTION of the City Council of the City ofPort Angeles,
Washington, setting a hearing date for a petition to vacate a
portion of the 3/4 alley west of Francis Street.
19
CITY COUNCIL MEETING
July 2, 2002
RESOLUTIONS:
(Cont'd.)
OTHER
CONSIDERATIONS:
Mantooth Annexation
Request
Petersen Prehminary Short
Plat SHP 02-02 Appeal
Appeal of Conditional Use
PermIt Decision -
Heckman:
Form of County
Government Letter
Councilman Campbell moved to pass the Resolution setting a public hearing for
Council's August 6, 2002, regular meeting and forward the request to the Planning
Commission for a recommendation. Councilman Braun seconded the motion,
which passed unanimously. .
1.
Mantooth Annexation Request
Planner Roberds summarized the request for contmuation, following whIch
Councilman Braun moved to continue the discussion with the petitioners to the
July 16, 2002 City Council meeting at which time the ballot issues can be
determined for an election at the time of the September 2002 primary.
Councilmember Rogers seconded the motion, which passed unanimously.
2.
Petersen Preliminary Short Plat SHP 02-02
Councilman Williams moved to continue the appeal of the preliminary short plat
approval of Peterson SHP 02-02 to the July 16, 2002, City Council meeting at
which time there will be a revised staff report. Councilman Campbell seconded the
motion, which passed unanimously.
3.
Appeal of Conditional Use Permit Decision - Heckman' consideration of
appeal of denial of unimproved seasonal parking area in the Central Business
District
Ms. Roberds summanzed background information and introduced Jack Heckman, the
appellant.
Jack Heckman, 647 Black Diamond Road, referred to his letter to the Council and to the
issue of unimproved property for a seasonal, temporary overflow parking area. The
conference center and Gateway projects may ultimately require the area used for the
seasonal activIty; therefore, it can no longer be used for overflow parking. The activIty
has been allowed since 1990. Mr. Heckman is appealing denial of the land use activity
permit by the Planning Commission.
.
Councilman Braun supported Mr. Heckman's appeal, especially in reference to parking
for tourists.
Following a brief question and answer session, Council Campbell moved to uphold
the applicant's appeal, citing conditions 1-3, findings 1-13, and conclusions A-
F from staff's June 12,2002, staff report to the Planning Commission, as set forth
in Exhibit "A," which is attached to and becomes a part of these minutes.
Councilman Williams seconded the motion, which passed unanimously.
4.
Form of County Government Letter
Mayor Wiggins, referring to the letter, felt that if the Council was not in agreement, a
response to the letter would not be forthcoming.
Councilmember Rogers stated that decisions would go to the Charter Review Group and
are extended until July 11, 2002. Mayor Wiggins then read the letter which states that
the County Government needs a major overhaul in order to function in today's
environment. Also included m the letter were recommendations by the Council which
are contrary to what is being recommended by the County.
Councilman Braun stated that the part-time five-member group, the Assessor, the .
Prosecuting Attorney, the Auditor, the Shenff, and Treasurer be appointed pOSItions
reporting directly to the County Executive. He senses that voters are used to voting for
20
OTHER
CONSIDERATIONS:
(Cont'd.)
Morse Creek Update
DIscovery Trail Update
PUBLIC HEARINGS -
QUASI-JUDICIAL:
INFORMATION:
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
CITY COUNCIL MEETING
July 2, 2002
these positions
Councilmember Erickson stated that she does not thlllk It is a good Idea to do thIS; It is
too late. She also commented that she did not think It was appropnate to send the letter
because It would be in appropriate to have five part-time people rather than three full-
time people, statlllg that these three will provide more accountabilIty than five part-time
people. She believes this would take away from the people's abIlIty to control theIr
government.
Councllmember Rogers commented that when the Assessor, Treasurer, and the AudItor
are independent, there IS no pyramid to which to report, whIch has caused problems in
reaching goals and problems WIth smaller commumties being under represented; It is
not an issue of accountability but of representahon.
Followlllg further brIef dIScussion, Mayor WIgglllS commented that the issue would not
be taken any further at this point in time. .
Councilmember Williams asked for an update on thIS pr~ect. DIrector Cutler
responded that there has been no change WIthin the last few months. The CIty has
reached a consensus with the various State and Federal agencies regardlllg flows; these
were sent to consultants and an error in local consumptIOns was discovered. Increased
flow lllformation has been sent back to governmental agencies who will meet on July
9,2002. After receivlllg go-aheads from the agencies, work will beglll on the plant.
The City still has the license in place and is working with FERC.
The Rayomer MIll site trail project was awarded and work should begin on July 11,
2002, and be completed by August 4, 2002. The volunteers for the Penlllsula Trails
CoalitIOn have completed the construchon and repair on the footbridge which wIll be
moved to cross Ennis Creek.
None.
Manager QUInn announced that the Gateway ReVIew Committee Meeting has been
moved to Friday, July 12, 2002. Updates of Council projects were also provided to
Councilmembers.
Councilman Campbell asked If Mayor Sugiyama ofMutsu City will arrive on or about
July 28, 2002.
TadPrice, 1613 West 11th, reported that Mayor Sugiyama's staff has sent a notice of his
arrival, but the official letter has yet to arrive. Plans are being made for his VIsit.
Manager Quinn pointed out Item L.2 in the packet on governmental fund projects.
Finance Director ZIOrnkowski reported that this list is a proposal to the Council, not a
final list. The list is to allocate funding sources toward certain projects in order to
pnonhze those projects. Staffwill need input and directIOn from the Council at the next
Council meeting.
The meeting was adjourned to ExecutIve Session at 8:25 p.m. to discuss litigation for
40-50 minutes.
The meeting returned to Open Session at 9:52 p.m.
21
CITY COUNCIL MEETING
July 2, 2002
ADJOURNMENT:
The meeting was adjourned at 9:52 p.m.
Glenn Wlggins, Mayor
22
Becky 1. Upton, City Clerk
.
.
.
.
.
.
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
ADJOURNMENT:
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
July 9, 2002
Mayor Wiggins called the special meeting of the Port Angeles City Council to order at
9;30 a.m.
Members Present.
Mayor Wiggins, Councilmembers Braun, Campbell,
Erickson, Headrick, Rogers, and Williams.
Members Absent:
None.
Staff Present.
Manager Quinn, Attorney Knutson, G. Cutler, and M.
Pennino.
Public Present:
None.
Public Works & Utilities Director Glenn Cutler began by summarizmg the
recommendation to table the issue awarding the contract to Northwest Lmings &
Geotextile Products, of Kent, Washington to cover the Peabody Heights Reservoir
made at the July 2, 2002, Council meeting and by providing additional mformation
regarding bidding specifications. He recommended that Council reject the bids for the
Peabody Heights Floating Cover, project No. 20-26 and extend additional bids on the
project and negotiate changes to the Bilateral Compliance Agreement with the
Department of Health, which would extend the project until Spring of2003.
After brief discussion, Councilmember Rogers moved to reject the bids for the
Peabody Heights Floating Cover, Project No. 20-26 and authorize staff to prepare
revised contract documents for rebidding and direct the Director of Public Works
and Utilities to renegotiate the Bilateral Compliance Agreement with the
Department of Health. Councilman Williams seconded the motion.
Following a brief discussion, the motion passed unanimously.
The meeting was adjourned at 9;35 a.m.
Glenn Wiggins, Mayor
Becky 1. Upton, City Clerk
23
.
.
.
24
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
July 09 2002
Page
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
001 70787 American Planning Assn 01063 Land Use Law,Zoning #015701 1 2370000 23.37-
70794 Brooke & Assoc Inc, Robert 18092 Brackets,end caps,clip sets 1 2372000 23.04-
Pilasters,doors,panels,handles 1 2372000 341.37-
70803 Direct Safety Co 04279 Safety glasses 1 2370000 2.06-
70832 Quill Corporation 17000 File pockets,folders,labels 1 2370000 8.99-
Audio tapes 1 2370000 4.91-
HP toner cartridge 1 2370000 10.58-
Wood grain box, cassette tapes 1 2370000 4.76-
Credit cassette tapes 1 2370000 1.32
Batteries,post-its,staples 1 2370000 13.73-
Cash receipt books 1 2370000 11.21-
Scissors 1 2370000 1.23-
70853 WA State Patrol - WASIS 23281 Criminal history-Myers 1 2295000 24.00
,
Criminal history-Williams 1 2295000 24.00
70886 Chief Supply Inc 03325 Protective gear 1 2370000 9.22-
70910 In The Line of Duty Inc 09005 Training tapes 1 2370000 15.58-
70923 Mitchell Instrument Co 13698 Fluke thermometer 1 2370000 25.10-
70953 WA State Patrol - WASIS 23281 Criminal history-Bondy 1 2295000 24.00
Criminal history-Vogel 1 2295000 24.00
Total for Department 397.83-
0001 70781 Olympic Air Pollution Cont Aut 15017 Demolition permit 111 3101 25.00
70827 Peninsula Intl Relations Assn 16460 2nd qtr contract pmt 114 4972 500.00
70829 Port Angeles Chamber Of CollVl1 16023 Fireworks-City contribution 114 4972 2,500.00
70833 Qwest 21001 06-14 Qwest billing 111 4210 93.25
06-14 Qwest billing 113 4210 93.25
06-14 Qwest billing 124 4210 46.63
70864 AT&T Business Service 01085 06-13 AT&T billing 111 4210 57.74
70899 Flex-Plan Services Inc 06158 Monthly processing-June 111 4150 123.30
70906 Hansen's Trophy 08047 Engraving 125 3101 14.28
70914 KD&S Environmental Contracting , , 275 Asbestos abatement 111 3101 1,623.00
70945 Sister Cities International 19786 Annual dues 2002 WA-PORT 114 4972 295.00
70951 Verizon Wireless - Bellevue 011 05 06-15 Verizon billing 111 4210 16.76
06-15 Verizon billing 112 4210 16.76
70954 Washington City/Cnty Mgmt Assn 23044 Summer Conference-Quinn 111 4310 180.00
Total for Administration 5,584.97
0002 70797 Captain T's 03048 Shirts,embroidery 230 3101 72.91
Shirts,embroidery 240 3101 110.98
70832 Quill Corporation 17000 Cash receipt books 240 3101 147.91
70833 Qwest 21001 06-14 Qwest billing 201 4210 93.25
06-14 Qwest billing 230 4210 116.57
06-14 Qwest billing 240 4210 279.76
70835 Ricoh Business Systems 18398 Copier rental 205 4530 632.13
70836 Ricoh Business Systems Inc 18425 Copy suppl i es 205 4530 15.93
Color copies 205 4530 242.41
Black'and white copies 205 4530 34.62
70844 Washington (Auditor), State of 19270 Auditing svcs 05-02 230 4150 1,663.20
70862 Xerox Corporation 24001 ~C!:J;C lease-May 205 4530 641. 65
02/07/09-08:56 City of Port Angeles - LIVE MACHINE July 09 2002 Page 2
CHECK REGISTER .
Date From 06/22/2002 To 07/05/2002
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
DC490SLC lease-May 205 4530 2,066.23
WCP416C3 416 lease-May 205 4530 98.06
70896 Equifax 05160 June credit information fees 240 4150 30.14
70930 Peninsula Collection Services 01364 Agency chgs 240 4150 750.00
70931 Pitney Bowes Credit Corp 16127 Mailing equipment pe 06-30 205 4530 3,562.20
Machine 401 replaced 01-30 205 4530 1,956.10-
70937 Reserve Account 21062 Prepaid postage meter 7117717 205 4210 5,000.00
Total for Finance 13,601.85
0003 70787 American Planning Assn 01063 Land Use Law,Zoning #015701 311 3101 154.19
70832 Quill Corporation 17000 File pockets, folders, labels 311 3101 59.29
File pockets,folders,labels 312 3101 59.28
Wood grain box 311 3101 45.32
Cassette tapes 311 3101 17.31
Credit cassette tapes 311 3101 17.31-
70833 Qwest 21001 06-14 Qwest billing 311 4210 163.19
70862 Xerox Corporation 24001 DC220SLX lease-May 312 4530 283.59
DC220SLX lease-May 311 4530 121.54
70889 Clallam Jefferson Public Dfndr 03274 Public defender fees-July 312 4150 2,750.00
3,63.
Total for Attorney
0004 70787 American Planning Assn 01063 Land Use Law,Zoning #015701 411 4901 154.18
70812 Hoare, Anthony 08556 Rebate-Fire sprinkler system 420 34583000 500.00
70833 Qwest 21001 06-14 Qwest billing 411 4210 93.25
70862 Xerox Corporation 24001 DC420SX lease-May 420 4530 672.67
70865 AT&T Wireless Services 01404 06-14 AT&T ale 49079080 420 4210 8.63
Total for Community Development Dept 1,428.73
0005 70792 Blumenthal Uniforms & Equip 02047 Pants,boots-Silva 530 2080 301.77
70793 BratWear 02245 Jumpsuits,accessories 530 2080 1 ,942.15
Jumpsuits,accessories 530 2080 3,975.44
Jumpsuit,accessories-King 530 2080 420.98
70798 City of Forks 06075 May board bill correction 512 5099 678.24
70832 Quill Corporation 17000 Batteries,post-its,staples 530 3101 181. 17
Scissors 534 3101 16.23
70833 Qwest 21001 06-14 Qwest billing 511 4210 163.19
06-14 Qwest billing 534 4210 116.57
06-14 Qwest billing 530 4210 23.31
70910 In The Line of Duty Inc 09005 Training tapes 511 3101 205.58
70932 Port Angeles City Treasurer 03062 Reimburse boots-Dombrowski 530 2080 45.00
Total for Pol ice 8,069.63
0006 70777 Edgington, Sharon 05017 Teach CPR class 06-20 643 3108 3.
70778 Intl Cnfrnc of Bldg Officials 09001 Certification renewals 642 4901 100.00
70788 Angeles Communications Inc 01069 Repair fire hall network 684 4810 178.53
70833 Qwest 21001 06-14 Qwest billing 611 4210 116.57
16 Qwest bi II ing 642 4210 23.31
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
Fnd Opt Check
Number
Vendor
Name
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Vendor
N umbe r
70838 SeaWestern Inc 19104
70847 Transfac Funding Corporation 20059
70862 Xerox Corporation 24001
70886 Chief Supply Inc 03325
70887 Clallam Cnty EMS 03068
70927 Olympic Sewer & Drain Cleaning 15169
0007
70797 Captain T's
70833 Qwest
70862 Xerox Corporation
70869 American Public Works Assn
70892 Cutler, Glenn
70951 Verizon Wireless - Bellevue
03048
21001
24001
01064
03509
01105
0008 70794 Brooke & Assoc Inc, Robert 18092
70797 Captain T's 03048
70803 Direct Safety Co 04279
70804 Dodson DCFS, Marsa 04411
70805 Dunlap Towing Company 04330
70814 Janda, Carol 10249
70818 Maybee's Deli 13036
70830 Port Angeles City Treasurer 03062
70831 Port Angeles Senior Center 16595
70833 Qwest 21001
70852 WA Recreation & Park Assn/WRPA 23007
70862 Xerox Corporation 24001
70870
70871
70881
70904
American Red Cross
Angeles Plumbing Inc
CED/Consolidated Elec Dist
Griffin Manufacturing Inc
01032
01039
Inc 03267
07388
Description
06-14 Qwest billing
06-14 Qwest billing
Shutoff caps
MSA shutoff cap
Shipping chgs
Shipping chgs
DC220SS lease-May
Protective gear
Medic 1 Advisory-July
Clean plugged line
Shirts, embroidery
06-14 Qwest billing
DC460SLC lease-May
CEU registration-Cutler
Reimb retirement gift-Rasler
06-15 Verizon billing
06-15 Verizon billing
06-15 Verizon billing
GL Code
Number
643 4210
641 4210
641 3501
641 3501
641 3501
641 3501
611 4530
641 3111
643 4150
684 4810 .
.
711 3101
711 4210
711 4530
711 4310
711 3101
711 4210
711 4210
711 4210
July 09 2002
Total for Fire
Total for Public Works
Brackets,end caps,clip sets 8623120
Pilasters,doors,panels,handles 862 3120
Sport Shirts,polo shirts
Safety glasses
Refund swim pass pmt
Tow City floats storage/back
lesson credit
Sack lunches-Pk Board Tour
Paint-Ol iver
Lesson refund-Wahto
Reimb Vol Recognition lunch
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 Qwest billing
06-14 qwest billing
Membership dues-Cole 2002
DC220SS Lease-May
DC220SS lease pe 05-30
CPR Challenge,Training guides
Repai r. toi let
Lamps
~e~g elements
862 3101
865 3120
862 34730012
865 4810
862 34760013
811 3101
862 3120
862 34760013
863 3101
862 4210
811 4210
866 4210
865 4210
861 4210
862 4210
863 4210
865 4210
862 4210
861 4901
811 4530
863 4530
862 3101
830 4810
862 3120
862 3120
Page 3
Amount
23.31
69.94
28.27
17.11
61. 03
61.03
290.37
121.56
500.00
188.33
1,814.36
90.65
652.80
941.55
7.00
208.30
9.92
9.92
9.92
1,930.06
303.92
4,504.37
624 . 75
27.18
1,260.52
1,900.00
24.00
60.59
25.37
25.00
352.57
43.03
69.94
23.31
23.31
46.63
23.31
69.94
39.08
57.60
100.00
369.06
1,055.75
335.79
138.06
253.19
1,493.75
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
Description
70932 Port Angeles City Treasurer
03062
Cartridge, Kids Day-Pool
101 0001
70878 Brewer, David
02055
Contract svcs-July
July 09 2002
GL Code
Number
862 3101
Total for Parks & Recreation
Total for General Fund
115 4990
102
First Aid supplies
Total for Convention Center Fund
70803 Direct Safety Co
04279
0007
70833 Qwest 21001
70846 TSM Company 20342
70850 Verizon Wireless - Bellevue 01105
70951 Verizon Wireless - Bellevue 01105
First Aid supplies
06-14 Qwest billing
Calibrate signal controllers
Repair signal controllers
06-05 Verizon billing
06-15 Verizon billing
103 0001
70833 Qwest 21001
70888 Clallam Cnty Economic Dev Cncl 03067
70932 Port Angeles City Treasurer 03062
06-14 Qwest billing
Reimb Partner Ad Expenses
Business meals-Smith
Clallam EDC meal-Smith
104 0002
70775 Serenity House
19889
CDBG Grant for Serenity House 210 33404020
Total for Economic Development
102 2370000
Total for Department
752 3120
752 4210
752 4810
752 4810
752 4210
752 4210
Total for Public Works
Total for Street Fund
123 4210
123 4150
123 3101
123 4310
Total for Community Development Fund
107 0005 70797 Captain T's 03048 Shirts,embroidery 532 2080
Shirts,embroidery 532 2080
Shirts,embroidery 532 2080
70828 Plantronics Inc 16089 Headset 532 3501
Headset 532 3501
70832 Quill Corporation 17000 Audio tapes 532 3101
HP toner cartridge 532 3101
70833 Qwest 21001 06-14 Qwest billing 532 4210
Total for PenCom
110 0001 70799 Clallam Cnty Economic Dev Cncl 03067 City of PA Marketing Project 130 4150
70826 Peninsula College 16011 Job Fair 2002 130 4410
28 Total for "Port Angeles Works"
Page 4
.
Amount
34.83
13,284.85
48,953.02
100.00
100.00
30.44-
30.44-
401.59
69.94
579.81
332.05
11.62
,."..
1,368.70
23.31
167.00
17.42
9.73
217.46
13,237.32
13,237.32
188.27
175 . 28
198.55
42.20
42.20
64.79
139.57
396.33
1,24.
3,324.60
253.77
3,578.37
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
July 09 2002
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Fnd Opt Check Vendor Vendor Description GL Code
Number Name Number Number
174 0008 70791 Barkhuis, Sel i nda 02678 Refund crafting week 854 34760020
70795 Burrowes, Deborah A 02683 Tennis refund 851 34760020
70797 CaptaIn T's 03048 Sh i rts - softba II tourney 852 3101
T-Shirts 852 3101
70821 Northwest Fence Co 14071 Fence parts,gate 851 3101
70830 Port Angeles City Treasurer 03062 Supplies-Rengiil 854 3101
70843 Sound Restaurant Supply Inc 19315 Jet Kleen cleaner 855 3101
70856 Warren, Constance 23656 Refund cancelled class fee 851 34760020
70867 Albertsons Inc 01204 Refreshments 854 3101
70932 Port Angeles City Treasurer 03062 Summer Parks supplies 854 3101
70948 TC Span America 20346 T-shirts,screen printing 854 3101
T-Shirts,screenprinting 854 3101
Total for Recreational Activities Fund
186 0008
70952 Viking Fence Company
22092
207 0002
70789 Bank of New York
02175
310 0007
70838 SeaWestern Inc 19104
70861 Wiss Janney Eistner Assoc Inc 23619
70881 CEO/Consolidated Elec Dist Inc 03267
316 0008
70895 Dungeness Turf Farm Inc
04060
327 0007
70839 Seattle Daily Journal of Comm 19058
70914 KD&S Environmental Contracting 11275
401 70779 Kelley, Eugene 11274
70786 Al iri, Angel ina 01543
70790 Barber, Crista & Ashley 02681
70800 Connors, Danielle 03678
70801 Dechant, Kimi 04410
70808 Fowler, Larry 06325
70809 Gyori, Kerrie 07387
70811 Heilman, Scott 08555
70815 Jones, Janine 10250
70825 PUD Clallam County 16038
70832 Quill Corporation 17000
360' Chain link fence
873 3101
Total for Waterfront Trail Fund
Admin fee-PORANGREF92
296 4150
Total for 1992 GO Bonds(Conv.Cntr/Other)
Breathing air system
FD Roof leakage pe 05-26
Breaker
Switch
Lighting,fuse block
783 6510
783 4150
783 6510
783 6510
783 6510
Total for Capital Improvement Fund
Sod delivered
860 3101
Total for Lincoln Park Improvement Fund
Carnegie Library
Asbestos abatement-Carnegie
796 4410
796 4150
Total for Carnegie Library
Utility deposit rfd-023221021
Utility deposit rfd-119062007
Utility deposit rfd-086479031
Utility deposit rfd-114464022
Utility deposit rfd-041378009
Utility deposit rfd-052361022
Utility overpmt rfd-034267006
Utility deposit rfd-046540003
Ut i l i ty overpmt' rfd~ 042412030
Single Helix anchors
~9rs,pens
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 1222200
401 2391200
401 1222200
401 1411000
401 2370000
Page 5
Amoun
90.00
74.00
616.74
103.87
419.82
30.30
85.26
48.00
3.99
52.28
1,554.82
273.23
3,352.31
3,943.89
3,943.89
91.60
91.60
31,081.60
2,824.03
147.62
28.15
48.96
34,130.36
649.20
649.20
298.80
7,801.22
8,100.02
224 . 12
93.68
76.26
18.96
250.00
51. 93
26.00
130.19
92.31
38.43
5.62-
02/07/09-08:56 City of Port Angeles - LIVE MACHINE July 09 2002 Page 6
CHECK REGISTER .
Date From 06/22/2002 To 07/05/2002
Fnd Dpt Check Vendor Vendor Descripti on GL Code Amount
Number Name Number Number
Binders,post-its,tape,pads 401 2370000 11. 70-
70837 Rinck, Angela 18391 Utility deposit rfd-124607005 401 2391200 33.64
70841 Shames, Lee 19891 Utility deposit rfd-013007002 401 2391200 250.00
70845 Stoner, Richard 19894 Utility overpmt rfd-068250002 401 1222200 136.47
70854 YESCO Distribution Inc 23150 Switches 401 1414000 1,278.00
Switches 401 1411000 108.63
70858 Yestern States Electric Inc 23025 Termination kit,covers 401 1414000 528.00
Termination kit,covers 401 1411000 103.89
Tough one anchors 401 1414000 510.00
Tough one anchors 401 1411000 41. 82
Cutouts 401 1414000 1,187.50
Cutouts 401 1411000 140.66
Fuses 401 1411000 473.92
Fuse links 401 1411000 173.12
Brackets 401 1411000 588.97
Clamps 401 1411000 946.76
Bolts 401 1411000 162.30
Epoxy 401 1414000 1,141.50
Epoxy 401 1411000 93.61
Anchor nuts 401 1411000 3~~
Freight chgs 401 1411000
70859 Yheelock, Yhitney 23657 Utility deposit rfd-029211028 401 2391200 75.
Total for Department 9,347.79
0009 70796 Business Answerphone Service 02166 July services 911 4810 160.00
70825 PUD Clallam County 16038 06-14 billing-SR101 & Euclid 911 3501 17.33
06-13 billing-Golf Course Rd 911 3350 15.81
70832 Quill Corporation 17000 Markers,pens 911 3101 74.14
Binders,post-its,tape,pads 911 3101 154.39
70833 Qwest 21001 06-25 Qwest billing 911 4210 42.66
06-14 Qwest billing 911 4210 326.39
06-14 Qwest billing 911 4210 41. 78
70854 YESCO Distribution Inc 23150 Photo eyes 911 4810 1,605.80
Clamps 911 3402 1,673.07
70857 Yashington (DRS), State of 23141 Statewide pensioners-May 911 2030 200. 16
70858 Yestern States Electric Inc 23025 Yrench head, rotary prong 911 3501 300.41
Pump pliers 911 3501 115.55
70862 Xerox Corporation 24001 DC220SS lease-May 911 4530 330.62
70863 Zee Medical Service Co 26005 First aid supplies 911 3120 110.85
70865 AT&T Yireless Services 01404 06-16 AT&T a/c 49596752 911 4210 14.38
06-20 AT&T a/c 48962443 911 4210 20.66
70871 Angeles Plumbing Inc 01039 Repai r toi let 911 4810 87.84
70881 CED/Consolidated Elec Dist Inc 03267 Padlock attachment 911 3403 2.28
Lighting 911 3403 3.38~
Conduit,pigtails,covers 911 3403 26
Boxes,pilot drill 911 3501 171.
70893 Den-Ree Productions 04342 Energy ads-May 915 4410 1,500.00
Energy ads-June 915 4410 1,500.00
70896 Equifax 05160 June credit information fees 911 4150 40.30
70915 Kleinschmidt Associates Inc 11256 ~o~ Ck valuation pe 02-22 915 4901 184.84
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
. Fnd Opt Check Vendor Vendor
Number Name Number
70921 Metro Communications Cons 13568
70923 Mitchell Instrument Co 13698
70929 PUD #1 of Clallam County 16038
70932 Port Angeles City Treasurer 03062
70933 Potelco Inc 16537
70934 Puget Safety Equipment Inc 16248
70941 Sanderson Safety Supply Co 19048
70951 Verizon Wireless - Bellevue 01105
70957 Winstead Sechrest & Minick PC 23610
402
70820 Northern Tool & Equipment Co 14461
.
0007
70783
70806
70813
70820
70825
70830
70833
Spruce Gutters
Environmental Resource Assn
JCI Jones Chemicals Inc
Northern Tool & Equipment Co
PUD Clallam County
Port Angeles City Treasurer
Qwest
19893
05030
10027
14461
16038
03062
21001
70842 Skillings-Connolly Inc 19888
70860 Whitney Equipment Co Inc 23073
70885 Chemsearch 14004
70926 New Li fe 14529
70929 PUD #1 of Clallam County 16038
70935 Qwest 21001
.
70941
70951
Sanderson Safety Supply Co
Verizon Wireless - Bellevue
19048
01105
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Description
Telecom Planning 2a-6 Final
Fluke thermometer
06-24 bill Lauridsen Blvd
06-27 bill 2110 Glass Rd
Overtime meals
Release 5% retainage
Flagger vests, safety glasses
Safety glasses
Flagger vests
Credit Flagger vests
Lockout device
06-15 Verizon billing
Cable renewal pe 05-31
Upright rammer
July 09 2002
GL Code
Number
915 4150
915 3501
911 3350
911 3350
911 4810
930 4150
911 3120
911 3120
911 3120
911 3120
911 4810
911 4210
915 4150
Total for Light
Total for Light Fund
402 2370000
Total for Department
Install new gutters 753 4810
Inorganics PT Set #3 754 4150
Hypochlorite 754 3120
Upright rammer 753 3501
06-12 billing-203 Reservoir Rd 753 4710
CDL tests-Flores 753 4310
06-14 Qwest billing 754 4210
06-14 Qwest billing 753 4210
06-08 Qwest billing 754 4210
06-16 Qwest billing 754 4210
06-10 Qwest billing 753 4210
Front St water main replace 793 4150
Peabody Crk water main replace 793 4150
Probe wash pump 754 3120
Surfacidal aerosol 754 3120
Clean carpets,chairs,ducts 754 3120
06-24 bill Crown Z Water Rd 753 4710
06-20 Qwest billing 754 4210
06-20 Qwest billing 754 4210
06-20 Qwest billing 754 4210
06-20 Qwest billing 754 4210
06-20 Qwest billing 754 4210
06-20 Qwest billing 754 4210
06-23 Qwest billing 753 4210
06-23 Qwest billing 754 4210
06-23 Qwest billing 754 4210
06-23 Qwest billing 754 4210
Earplugs 753 3120
~6-Jr Verizon billing 753 4210
Page 7
Amount
640.00
331.10
21.82
71.98
95.00
3,534.55
64.02
67.91
64.02
64.02-
14.45
36.00
551.14
17,764.69
27,112.48
188.60-
188.60-
497.72
289. 71
2,708.42
2,488.59
24.33
80.00
46.63
23.31
39.08
57.42
524.82
357.40
357.40
175.34
558.34
434.50
16.74
57.42
57.42
57.42
57.42
57.42
57.42
64.15
57.42
57.42
57.42
80.13
13.90
02/07/09-08:56
Fnd Opt Check
Number
404
City of Port Angeles - LIVE MACHINE
Vendor
Name
July 09 2002
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Vendor
N umbe r
70806 Environmental Resource Assn
05030
0007
70784
70802
70816
70819
70824
70833
TaylorSparks Refrigeration
Dept of Natural Resources
L & S Tire Company
N C Machinery Co
PERS
Qwest
Inc 20290
04010
12396
14001
16016
21001
70864 AT&T Business Service 01085
70881 CEO/Consolidated Elec Dist Inc 03267
70893 Den-Ree Productions
421 0009
04342
70866 Air Flo Heating Company Inc 01012
70868 AllWeather Heating Cooling Inc 01060
70875 Barrett, Sara E R0402
70879 Buchanan, Linda R0403
70880 C & F Insulation 03102
70894 Donohue, Ed and Trix
70898 Everwarm Hearth & Home Inc
70900 Fosczc, Roger M
70902 Glass Services Co Inc
70903 Grier, G E
70908 Hochhalter, Dennis
70909 Hooper, Gary
R0404
05013
R0405
07037
R0406
R0407
R0408
70918 Mathews Glass Co Inc 13107
70919 McGoff, Pat and Debbie R0409
Descript i on
GL Code
Number
Total for Public Works
Total for Water/Wastewater Fund
Inorganics PT Set #3
404 2370000
Total for Department
Remove freon,compressors
Surface Mining permit
Recycle tires
Keys
Excess compensation-Evans
06-05 Qwest billing
06-14 Qwest billing
06-06 AT&T LD billing
Receptacles,plugs
Boxes,switch covers
Lamps
Landfill ads-June
755 4810
755 4990
755 4810
755 3120
755 2030
755 4210
755 4210
755 4210
755 3120
755 3120
755 3120
755 4410
Total for Public Works
Total for Solid Waste Fund
City rebate program-Craker 913 4986
City rebate program-McAfee 913 4986
City rebate program 913 4986
City rebate program 913 4986
City rebate program-Phrey 913 4986
City rebate program-DuBeau 913 4986
City rebate program-Weitz 913 4986
City rebate program 913 4986
City rebate program-Hutchinson 913 4986
City rebate program-Breitbach 913 4986
City rebate program 913 4986
City rebate program-Dennis 913 4986
City rebate program-DuBeau 913 4986
City rebate program-Metzler 913 4986
City rebate program-Jones 913 4986
City rebate program-Wolf 913 4986
City rebate program 913 4986
City rebate program 913 4986
City rebate program 913 4986
City rebate program 913 4986
City rebate prog-Richerzhagen 913 4986
City rebate program-Stevenson 913 4986
City rebate program-Marler 913 4986
City rebate program-Deja 913 4986
City rebate program-Almerico 913 4986
~i~rebate program 913 4986
Page 8
.
Amount
9,354.71
9,166.11
21.96-
21. 96-
811. 50
1,000.00
750.00
2.51
38,455.40
83.94
116.57
20.69
91.31
133.24
55.28
250.00
41,770.
41,748.48
1,100.00
2,000.00
170.00
50.00
3,694.80
3,174.60
2,475.00
50.00
290.00
154.20
100.00
1,145.00
883.00
820.00
314.00
1,187.50
150.00
36.00
90.00
60.00
265.
1,655
250.00
1,105.00
300.00
50.00
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
Fnd Opt Check
Number
Vendor
Name
70920 McKee, John
70928 Oman, Brian A
70936 Rayment, Kim
70938 Ritchie, Bob
70939 Row, Robert David
70942 Schaad, Glynda
70943 Schimschal, Eric
70946 Stockdale-Holt, Jill T
70958 Zurcher, Susan Lee
501
70890 Air Compressor Products
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Vendor
Number
R0410
R0411
R0412
R0413
R0414
19768
R0415
R0416
R0417
01403
0007
70810 H & R Parts & Equipment Inc 08045
70817 Les Schwab TireCtr-Solid Waste 19755
70819 N C Machinery Co
70830 Port Angeles City Treasurer
70833 awest
70840 Setina Mfg Co Inc
70890 Air Compressor Products
70955 Western Peterbilt Inc
70956 Western Power & Equipment
502 0002
70833 awest
70932 Port Angeles City Treasurer
14001
03062
21001
19887
01403
23020
23276
21001
03062
503 0001 70776 Baker, Ralph and Esther 02682
70780 Miller, Dale 13056
70782 Schroeder, Rjon and Lois 19890
70785 AWC Employee Benefits Trust 01231
70797 Captain T's 03048
70834 Rainier EAP/Mike Walling 18057
70872 Bailey, Jim 02567
Description
City rebate program
City rebate program
City rebate program
City rebate program
City rebate program
City rebate program
City rebate program
City rebate program
- City rebate program
City Hall air compressor
Flex pipe
Bushings,nuts
Stud
Flat repair
Flat repair,wheel switch
Cap A
Seals,pin,sleeve
Title fee-Burrett
06-14 awest billing
Window kits-barrier cages
Window kits-barrier cages
City Hall air compressor
Boot-steering driveshaft
Drive shaft,screws
Oil pan,tube,gasket kit
July 09 2002
GL Code
Number
913 4986
913 4986
913 4986
913 4986
913 4986
913 4986
913 4986
913 4986
913 4986
Total for Conservation Fund
501 2370000
Total for Department
760 3402
760 3402
760 3402
760 4810
760 4810
760 3402
760 3402
760 4520
760 4210
760 3402
760 3402
760 3402
760 3402
760 3402
760 3402
Total for Public Works
Total for Equipment Services Fund
06-14 awest billing
Audio cable, coupler-Hagar
Batteri es-Brooks
250 4210
250 3101
250 4810
Total for Information Technology Fund
Claim settlement #02-06
Reimburse medical expenses
Claim settlement #02-20
July Medical premium
July Life Ins premium
July Retirees premium
Screens,sports bottLes
EAP svcs-June
3~Medicare premium-July
119 4999
121 4630
119 4999
121 4630
121 4632
121 4634
1113 4909
121 4150
121 4635
Page 9
Amount
150.00
90.00
150.00
50.00
50.00
150.00
50.00
50.00.
50.00
22,359.35
56.37-
56.37-
51.94
86.68
5.32
72.39
84.83
48.14
124.01
9.50
23.31
312.70
312.70
743.79
62.49
692.79
265.40
2,895.99
2,839.62
69.94
24.85
6.47
101.26
4,113.76
166.66
3,819.71
83,040.55
1,450.40
5,583.35
312.70
330.00
50.00
02/07109-08:56
City of Port Angeles - LIVE MACHINE
Fnd Dpt Check
Number
Vendor
Name
70873 Balser, Fred
70874 Balser, Sharyn
70876 Bishop, Virgil
70882 Cameron, Kenneth
70884 Camporini, Richard
70891 Curves for Women
70901 Gates Service Company, Frank
70905 Grooms, Michael E
7139137 Ileal L1,('IlI... M!lL AJIII""l,,, 1",-
70911 Johnson, Donald G
70912 Johnson, Harry
70913 Jorissen, Robert R
70916 Lindley, James K
70917 Loucks, Jasper
70922 Miesel, Phil
70924 Morgan, Roy
70925 NW Admin Transfer Acct
70947 Sweatt, Johnnie
70949 Thompson, Bruce
70950 Turton, F Gale
762272098 Healthcare Mgt Administrators
602 0002
70785 AWC Employee Benefits Trust
70877 Braun, Gary
70883 Campbell, Malcolm D
70897 Evans, Sidney
7D940 Ryan, Ed
652 0008
70833 Qwest
70935 Qwest
70944 Seniuk, Jake
698
70807 Flex-Plan Services (Payroll)
70822 Office of Support Enforcement
70823 Office of Support Enforcement
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Vendor
Number
02243
02078
02019
03252
03273
03618
07208
07187
Oll4ln
10052
10047
10013
12019
12186
13261
13145
14169
19146
20083
20041
08492
01231
02173
03045
05103
18034
21001
21001
19014
06062
15072
15166
Description
Disability Board claims
Reimb Medicare premium-July
Disability Board claims
Reimb Medicare premium-July
Reimb Medicare premium-July
Reimb Medicare premium-July
Membership-swayze spouse
Workers' comp-3rd Qtr
Reimb Medicare premium-July
July premIum
Reimb Medicare premium-July
Reimb Medicare premium-July
Reimb Medicare premium-July
Reimb Medicare premium-July
Disability Board claims
Reimb Medicare premium-July
Disability Board claims
Reimb Medicare premium-July
Reimb Medicare premium-July
Non-sworn July premium
Sworn group July premium
Retirees July premium
Reimb Medicare premium-July
Reimb Medicare premium-July
Disability board claims
06-18 Weekly claims pd EFT
06-25 Weekly claims pd EFT
GL Code
Number
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4150
118 4150
121 4635
Ilf 40U1
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4635
121 4633
121 4633
121 4634
121 4635
121 4635
121 4635
117 4601
1174601
July 09 2002
Total for Self - Insurance Fund
July Firemen's Pension premium 225 4635
Disability Board claims 225 4635
Reimb Medicare premium-July 225 4635
Reimb Medicare premium-July 225 4635
Reimb Medicare premium-July 225 4635
Reimb Medicare premium-July 225 4635
Total for Firemen's Pension Fund
06-14 Qwest billing
06-14 Qwest billing
06-23 Qwest billing
Studio visits,gasoline
Ferry fare, business meals
Trailer rental
868 4210
868 4210
868 4210
868 3210
868 4310
868 4530
Total for Esther Webster Trust Fund
Payroll deductions pe 06-23
Payroll deductions pe 06-23
deductions pe 06-23
32fl
698 2315210
698 2315210
698 2315210
Page 10
.
Amount
189.00
45.50
180.59
94.00
80.00
50.00
409.65
2,500.00
54.00
1,692.80
50.00
54.00
54.00
54.00
69.75
85.00
19.81
46.10
54.00
13'801
17,54
7,872.
65.70
50.00
20.00
593.00
1,051.90
145,649.13
2,274.75
50.00
54.00
54.00
45.50
54.00
2,532.25
23.31
47.83
60.50
66.76
70.50
23~
292.
950.96
1,524.20
169.85
02/07/09-08:56
City of Port Angeles - LIVE MACHINE
. Fnd Opt Check
Number
Vendor
Name
70848 US Department of Education
70849 United Way (payroll)
70851 Volunteer Fire Association
70855 WSCFF/Employee Benefit Trust
.
.
CHECK REGISTER
Date From 06/22/2002 To 07/05/2002
Vendor
Number
21075
21028
22060
23628
Description
Payroll deductions pe 06-23
Payroll deductions pe 06-23
Payroll deductions pe 06-23
Payroll deductions pe 06-23
July 09 2002
GL Code
Number
698 2315210
698 2315240
698 2315210
698 2315210
Total for Accounts Payable Clearing Fund
35
Grand Total
Page 11
Amount
69.41
419.56
44.00
1,425.00
4,602.98
375,373.76
.
.
.
36
_~DRTANGE:LES
WASHINGTON
CITY COUNCIL MEMO
U. S. A.
DATE:
July 16, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Bonneville Power Admmistration (BP A) Billing Credits Agreement and
1 ransmlSSlOn Contract RevlSlons
Summary: The City needs to revise several provisions in our Transmission Contract and Billing
Credits Agreement with the BP A. These revisions do not represent substantial changes, but are
routine housekeeping changes to bring the contract and agreement up to date with the latest power
prices and Federal Energy Regulatory Commission (FERC) requirements.
Recommendation: Authorize the Director of Public Works and Utilities to sign the revisions
to the BP A Billing Credits Agreement and Transmission Contract and authorize future
revisions to Exhibit H of the Billinl! Credits Al!reement.
Back~round / Analvsis: The City needs to revise exhibits to both the Billing Credits
Agreement and Transmission Contract with the Bonneville Power Administration.
The Billing Credits Agreement covers payments from BP A to the City for improvements the City
made to the electrical distribution system in the conversion from 4 KV to 12 KV. These
payments vary based on the price of Priority Firm (PF) power from BP A. The implementation of
the Cost Recovery Adjustment Clause (CRAC) each six months during this rate period changes
the amount of the payment from BP A as reflected in Exhibit H of the Billing Credits Agreement.
As the PF power rate from BP A will be changing every six months due to changes in the Load
Based (LB) CRAC, Financial Based (FB) CRAC, and Safety Net (SN) CRAC, it is also
recommended that approval be granted for signing changes to this exhibit throughout the
agreement period, which ends in 2022.
The changes to the exhibits for the transmission contract are required due to changes in FERC
orders for open access on high voltage transmission lines and subsequent changes to BPA's Open
Access Transmission Tariff. These changes require all utilities to schedule power transmission
over the Open Access Same-time Information System (OASIS), along with designating the entity
that provides various scheduling and ancillary services.
The Utility Advisory Committee reviewed and supported the above recommendation at their
July 9,2002 meeting.
N'\CCOUNCIL\DEPDIR\cccontract reviSions 02.wpd
37
.
.
.
38
- FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MA YOR WIGGINS AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Amendment No.1 to Consultant Agreement with Skillings-Connolly,
Contract #22-01
Summary: It is necessary to amend the agreement with Skillings-Connolly to perform design
work for various sewer main replacement projects. A scope and budget for the work has been
negotiated.
Recommendation: Authorize the Mayor to sign Amendment No.1 in the amount of
$36,351.00 to Skillin2:s-Connollv, Inc. for a total contract amount not to exceed $196,351.00.
Background / Analysis: An agreement for professional services with Skillings-Connolly for
engineering design services for various water and wastewater projects not already being designed
in-house, by Brown & Caldwell (wastewater) or CH2M Hill (water) was executed on May 21,
2002. The agreement included a scope and budget for two tasks with a total not to exceed
$160,000. Additional tasks were anticipated but no agreement on scope or price was included.
A scope and budget for the next task, various sewer main replacement projects, has been
negotiated for this work as Amendment No.1 to the agreement. The negotiated budget for the
design work is $36, 351.00(approximately 17% of construction cost). The preliminary estimate
for construction is $215,000. The work effort covers 4 locations and has been combined to
reduce design and construction costs. Due to other commitments staff is not able to perform the
design in-house.
The sections of sanitary sewer lines to be replaced and/or repaired are as follows:
1. A section of pipe within the planter strip along the north side of the Lincoln St. entrance
to the Safeway parking lot.
2. A section of an existing sanitary sewer line beginning from the manhole at Peabody and
Ahlvers, running east approximately 150 ft to the next manhole.
3. A 6-inch sanitary sewer line located in 16/17 Alley both east and west ofE Street. The
length of the repair is approximately 220 ft.
4. Replacement of an existing sanitary sewer line located on 9th Street. The actual length to
be replaced will be determined upon further investigation of the damaged pipe and
constructability.
39
July 16, 2002 City Council Meeting
Amendment No.1 to the Consultant Agreement with Skillings-Connolly
Page 2 of 2
.
It is recommended that Council authorize the City Manager to sign Amendment No.1 to the
Agreement. Amendment No.1 will increase the total contract amount from $160,000 to
$196,351.00. Funding for both design and construction for the work under Task 3 has been
identified in the 2002 Wastewater budget by making the following changes to the budget:
Item 2002 budget 2002 revised budget 2003 Budget
Annual Sewer Main Replacements $105,000.00 $215,000.00 $0.00
Pump Stations 1 & 3 Construction $500,000.00 $0.00 $500,000.00
The design for Pump Stations 1 & 3 will not be complete until later this year. A portion of the
2002 budget for the construction is available for Annual Sewer Main Replacements. The
additional $110,000 for Annual Sewer Main Replacements in the revised 2002 budget is what
was anticipated for the 2003 budget, and covers the estimated cost to complete all four sewer
main replacement projects.
The Utility Advisory Committee reviewed Amendment No.1 at its July 9,2002 meeting and has .
concurred with the recommendation to authorize the Mayor to sign the amendment.
Attachment: Location Map
N.\CCOUNCIL\FINAL\S-CAmendmentNo l.wpd
.
40
ci
Q:
Z
< I-
w Z
m ::>
o
2
Q:
it
'0'
-'
....
Q:
::>
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-'
TY OF PORT ANGELES
PUBLIC WORKS
~
SCALE
SCRIVNER RD.
o
I
I
1000'
2000'
I
Location - Sewer Main Replacements
.
.
.
42
_pORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MA YOR.WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director ~/
Mantooth Annexation Request
FROM:
SUBJECT:
Summary: Per the Council's request, a map of the proposed annexation boundary is attached.
The annexation area includes six properties (Parcels A-F) under one ownership contiguous with
the City limits. A copy of the County Auditor's information about an election and the costs are
also attached. The City's Comprehensive Plan policies support annexation of properties
contiguous to the City limits and within the Urban Growth Area (UGA). No pre-annexation
zoning request has been made, and the annexation area would be zoned RS-9 Residential Single
Family (9,000 square foot minimum lot size) and PBP Public Buildings and Parks according to
the City's zoning closest to the County's land use designations. The City's existing bonded
indebtedness in 2002 is $.53 per $1000 in assessed valuation. The deadline for submitting a
resolution signed by all members of the City Council calling for an election on the September
primary ballot is August 2, 2002.
Recommendation: The Department of Community Development recommends that the City
Council adopt the attached resolution setting an election at the time of the September 2002
primary general election with two ballot propositions: 1) annexation of the Mantooth property as
shown on the map attached to the resolution and 2) assumption of the City's outstanding bonded
indebtedness.
Back~round / Analysis:
The Port Angeles Comprehensive Plan supports annexation of areas contiguous to the City
limits within the Urban Growth Area. A year ago the City amended its urban services extension
policy to even allow for urban development before annexation. The following policies in particular
provide assurances under the Growth Management Act that urban development in the UGA can and
will be served by the City through annexation.
Growth Management Element Goal A -- To manage growth in a responsible manner that is
beneficial to the community as a whole, is sensitive to the rights and needs of individuals and
is consistent with the State of Washington 's Growth Management Act.
Growth Management Element Policy A(3) -- The City shall work with the County to develop
an annexation plan which allows the annexation of land characterized by urban development
and which is consistent with the extension of services and the land development policies of
the City's Comprehensive Plan and Capital Facilities Plan.
43
CC Memo Mantooth Annexation
July 16, 2002
-- ---Page2
Growth Management Element Policy A(13) -- The City should be the ultimate provider of
urban services within the City limits and the P A UGA for those services the City provides
except to the extent otherwise provided in a UGA Urban Services and Development
Agreement that is reached pursuant to the County-Wide Planning Policy.
Growth Management Element Goal B -- To ensure the orderly transition of land within the
P A UGA into the City of Port Angeles.
Growth Management Element Policy B(2) -- Annexation of land from within the established
boundaries of the PAUGA shall be in accordance with the established Annexation Policies
of the City.
Growth Management Element Policy B( 4) -- At the time of annexation, the City shall
appropriately classify and zone such land, based upon the City Comprehensive Plan Land
Use Map and the City Comprehensive Plan. Thereafter, the provisions, restrictions, and
requirements of City Ordinance #1709, The Port Angeles Zoning Code, shall apply to
development of the annexed area.
Growth Management Element Policy B(9) -- Annexation boundaries should be drawn to
, eliminate boundary, inter jurisdictional, and service problems.
Utilities and Public Services Element Policy D(3) -- The City, at its sole discretion, should
extend urban services outside the City without annexation.
The Annexation Policies of the City include the following statements:
1. General Policy: The City of Port Angeles realizes that the purpose of annexation is to
provide an orderly means by which the legal boundaries of the City can be extended and
keep pace with the growth of the actual Urban Community... The City favors annexation for
the following reasons:
(a) A City's zoning and building ordinances can be extended to the adjacent area in a
logical manner, insuring orderly future growth.
(b) Suburban residents are given a voice in the government of the larger community in
which they live.
(c) Costly duplication of municipal facilities and services to new areas can be avoided.
(d) Annexation increases a city's size and thereby its ability to attract desirable
residential and commercial development.
4. Size of Annexations: Areas larger than six acres or two blocks are desirable.
6. Existing City Indebtedness: All newly annexed areas shall bear their pro rata share of
the City's general obligation indebtedness existing as of the date of the annexation.
The City prepared an Annexation Study that supports annexation in the Eastern UGA and
conducted a public outreach program to present the rationale for UGA residents and businesses to
annex into the City of Port Angeles. The arguments of orderly growth, stronger voice in local
government, urban service provisions, and favorable taxation and service costs were made to County
property owners. Although the City's Annexation Policies were adopted in 1972, they were found
to be equally applicable thirty years later in 2002.
James and Roberta Mantooth own approximately 30 acres of property east of the end of
Lindberg Road. Six Mantooth properties are contiguous with the eastern City limits in this area.
They are requesting annexation to the City, and state law now requires that the City Council
determine whether to proceed with the annexation following the election method. The City Clerk
contacted the County Auditor regarding the cost of such an election, and it appears that a simple
All
.
.
.
CC Memo Mantooth Annexation
July 16, 2002
Page 3
mail-in ballot during the September primary election may be done at the cost of approximately $50.
The City Council must discuss the annexation request with the petitioners and determine the ballot
issues at the July 16, 2002, meeting to make the August 2, 2002, deadline for an election on the
September primary ballot.
The subject property lies west of Ennis Creek and includes a portion of the Ennis Creek
Ravine, which naturally defines the City's urban service area. The City and County zoning in the
area is low density residential and not an issue in the annexation. For small annexations, the City
has required assumption of existing bonded indebtedness upon annexation. Under an election
method, which the City has not used in many years if ever, the annexation ballot requires a separate
measure for approval of assumption of bonded indebtedness from the annexation measure itself. If
the annexation measure is passed by a majority vote (i.e., 50% + 1) and the assumption of bonded
indebtedness is not passed, the City Council can decide whether to still accept the annexation or not.
Staff will be available to answer questions.
Attachments: Annexation Resolution (including legal descriptions and map)
Annexation Request (including tax statement and map)
City Clerk Memorandums on County Auditor Election Information
Municipal Research & Service Center Report on Annexation Methods
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RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, declaring a proposed annexation to be in the best interests
and general welfare of the City and calling for an election to be held in
territory proposed for annexation.
WHEREAS, a petition has been filed with, and certified by, the County Auditor, calling for an
election to vote upon the annexation of unincorporated territory contiguous to the City in accordance with
RCW 35A.14.020; and
WHEREAS, a true and correct copy ofthe petition for annexation is attached hereto as Exhibit
"A", which petition describes the boundaries of the area to be annexed and states the number of voters
residing therein as nearly as may be, as required by RCW 35.14.015; and
WHEREAS, the County Auditor has certified the sufficiency of the petition to the City Council;
and
.
WHEREAS, the City staff has reviewed the annexation proposal and has recommended that
the annexation would be in the best interests and general welfare of the City; and
WHEREAS, the requirements of 43.21 C RCW, the State Environmental Policy Act, are being
complied with by the city's Department of Community Development; and
WHEREAS, the election should include a proposition that all property within the area annexed
shall, upon annexation, be assessed and taxes at the same rate and on the same basis as property within the
City and taxes to pay for a proportion of the outstanding bonded indebtedness of the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles,
Washington as follows:
Section 1. It is hereby determined that the best interests and general welfare ofthe City of Port
Angeles would be served by the annexation of the unincorporated territory contiguous to the City, the
boundaries of which territory are described as follows and are shown on the map attached hereto as Exhibit
.
A:
47 -1-
The following portions of Section 13, Township 30 North, Range 6 West, W.M..
Clallam County, Washington:
Parcel "A"
The South 1/2 of the Northeast 1/4 ofthe Northeast 1/4 of the Northwest 1/4.
Clallam County Auditor's parcel number 0630132100250000. Area = 5.00 acres
Parcel "B"
The North 1/2 of the Southeast 1/4 of Northeast 1/4 of the Northwest 1/4. Clallam
County Auditor's parcel number 0630132101501000. Area = 4.99 acres.
Parcel "C"
The South 1/2 ofthe Southeast 1/4 of the Northeast 1/4 ofthe Northwest 1/4. Clallam
County Auditor's parcel number 0630132101300000. Area = 4.99 acres.
Parcel "D"
The North 1/2 ofthe Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4. Clallam
County Auditor's parcel number 0630132400000000. Area = 4.93 acres.
Parcel "E"
The South 1/2 of the Southwest 1/4 ofthe Northeast 1/4 of the Northwest 1/4, except
the west 66'. Clallam County Auditor's parcel number 063013210 11 00000. Area = 4.46 acres .
Parcel "F" -
The East 1/2 ofthe Northwest 1/4 of the Southeast 1/4 ofthe Northwest 1/4. Clallam
County Auditor's parcel number 0630132400700000. Area = 4.93 acres.
Total area Parcels "A" through "F" = 29.30 acres.
Section 2. The proposed annexation shall be submitted to the electorate of the territory sought
to the ann~xed together with a proposition that all property within the area annexed shall, upon annexation,
be assessed and taxed at the same rate and on the same basis as the property of the City of Port Angeles is
assessed and taxed to pay for a proportion of the outstanding bonded indebtedness ofthe City.
Section 3. The holding of said election shall be contingent upon the Board ofClallam County
Commissioners setting the date for submission of the annexation proposal at a general election in
,2002 in accordance with RCW 35.14.050.
.
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Section 4. The City will pay the cost of the annexation election.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council
held on the_day of , 2002
Glenn Wiggins, Mayor
ATTEST:
Councilmember Campbell
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Councilmember Williams
Craig D. Knutson, City Attorney
F_\ORDINANCES&RESOLIJTJONSIR2002~7.wpd
Councilmember Erickson
.
Councilmember Braun
Councilmember Rogers
Councilmember Headrick
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eIT"! ?F PORT AN\\! .ES
REQUEST TO CIRCULATE AN ANNEXATION PETITION
. APPLICANT(s): Ja..-w..e> E. 4f 1(1"b'Cyfa- -r: MtJ-.....+oo+~
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Location of area proposed for annexation, including legal description and street
address (if available): A {fro x. 30 A I e4..sf 0 F fe)tl,^5'~(a-
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I!eg~l d~cription of applicant(s ') property within proposed annexation area:
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Assessed valuation of property within proposed area: $ J z(j.) I Sr "> ~rJ.~~
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Assessed valuation of applicant(s') property within annexation area: $3Z~ IRq )S'tJ:~
Names of streets within and adjacent to area proposed for annexation:
Streets within: tI f)V1~
Adjacent streets: L;I'\.{'ne.~ ~-J
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY CLERK
June 26, 2002
TO: Craig D. Knutson, City Attorney
FROM: Becky J. Upton, City Clerk/Management Assistant ~
SUBJECT: Mantooth Annexation Request
On the matter of the Mantooth annexation request, I recently contacted the County Auditor to obtain a
more accurate estimate of the costs the City could expect to pay in conjunction with the annexation
election. During the course of conversations with Patty Rosand, County Elections Supervisor, I also
inquired as to the deadline for submitting the necessary information to the County in order to get the
annexation on the September primary ballot.
.
Ms. Rosand informed me that the deadline is Friday, August 2, 2002, at 4:30 p.m., and the official
notification to the County must be in the form of a resolution signed by all members of the governing
body. Ms. Rosand cited RCW 35A.14.015 in making this statement. I informed Ms. Rosand that the
City has placed other matters on the ballot, such as the Senior Center bond issue, and the ordinances
were signed by the Mayor and n~t the remaining Council members. She spoke with Chris Melly, and
he chose to defer to you in the preparation of the resolution. Nevertheless, in this instance, Ms.
Rosand will require the signatures of all City Council members.
If the City chooses to proceed with this election during the September primary, it would seem that
such a resolution would need to be prepared for the July 16 Council meeting in order to meet the
August 2 deadline.
Copy: Mike Quinn
Brad Collins
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-FORTANGELES
",'-
f
WAS H I N G TON, U. S. A.
CITY CLERK
June 24, 2002
TO: Brad Collins, Director, Department of Community Development
FROM: Becky J. Upton, City Clerk/Management Assistant~
SUBJECT: Mantooth Annexation Request
As a follow-up to the June 17,2002, City CounCil meeting and the consideration of the Mantooth
annexation request, I submitted a letter to County Auditor Cathleen McKeown asking for a more
accurate estimate of the costs the City could expect to pay in conjunction with the annexation
election.
Earlier today, I received a phone call from Patty Rosand, Clallam County Elections Supervisor, who
estimated the City's cost would be approximately $50.00, Ms. Rosand did note that three ballots will
need to be provided, as there are currently three (3) registered voters who reside at the Mantooth's
home. Please note that the deadline for submitting ballot information to the Auditor's Office is
Friday, August 2, 2002, at 4:30 p.m. The official notification to the County must be in the form of a
resolution.
Should you need any additional information, please contact me.
Copy: Mike Quinn
~~
~9~!I!~s -:R~:ln"rs~~~sl Municipal
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~arc~_ ~ews - .~ummer 2002 _._=~~==
Page.4
If the annexation is approved by the voters, the city council must adopt an
ordinance providing for the annexation and also, if appropriate, for
adoptiqn of the proposed zoning ordinance and for the assumption of
indebtedness. The annexation is effective on the date set out in the
annexation ordinance. The city must comply with certain notice requirements,
both to the state and to the county, concerning the change in city
boundaries. The timing of these notices can have an effect on when the city
begins receiving tax revenues from the annexed area.
As noted above, there are two other methods of annexation - the
unincorporated island and municipal purpose methods - that are available in
limited circumstances. The unincorporated island method is available when
there is territory that has at least 80 percent of its boundaries contiguous
to the city. The territory must be less than 100 acres, or it can be of any
size if the area existed before June 30, 1994, if it is in the same county
and urban growth area, and the city was planning at that time under the
Growth Management Act (GMA). Under this method, the city council passes a
resolution to annex the territory, it holds a public hearing, and then it
adopts an ordinance providing for the annexation. The ordinance may also
provide for assumption of indebtedness and adoption of a proposed zoning
regulation. The ordinance is subject to a 45-day referendum period, during
which a petition signed by 10 percent of the number of voters who voted in
the last general election may be filed If a sufficient referendum petition
is filed and the issue goes to an election, the annexation is approved, or
defeated, by a simple majority vote.
The municipal purpose method may be used in code cities when the territory
is owned by the city and in non-code cities when the territory is either
owned by the city or when all the property owners consent, and, for all
cities, where the area is to be used for a "municipal purpose," such as a
park, watershed, jail, etc. The property need not be contiguous to the city,
although it must be within an urban growth area if the city is in a GMA
county. The process is a simple one, requiring only a majority vote of the
council.
Given the limitations of all three of these annexation methods, we hope the
2003 legislature will adopt a new, improved, petition method of annexation
that the state supreme court will accept as beingconstitutional. By creating
the petition method of annexation in 1945, the legislature provided a needed
alternative to the election method. As Justice Madsen notes in her dissent
to the court's decision invalidating the petition method, "a municipality is
severely handicapped by the election method, and without an alternative
method would be 'unable to deal with the people living just outside the
city, enjoying its advantages without having to pay for them [quoting from
an Arizona court decision].'" But, until the legislature acts, if it ever
does, cities will have to depend primarily upon the election method as the
means of addIng territory.
By Bob Meinig
Legal Consultant
Municipal Research & Services Center
IndexWeb Site Index
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~<f9ollI[iS:'j~~Jmrscnews] ~unicipal .
"'~rch News -Summer 2002
,
The state supreme court recently determined that the petition method of
annexation to cities is unconstitutional. Since the petition method has
been, by far, the most commonly used method of annexation, its legal demise
has left many cities with annexation plans scratching their heads, so to
speak. The court's decision has also resulted in many inquiries to MRSC
asking about other methods of annexation, particularly the election method.
So, we thought it might be helpful to provide a general overview of how
cities may annex unincorporated territory, sans the petition method. A
detailed overview of annexation procedures can be found in our Annexation
Handbook, at httD:/Iwww.mrsc.oro/textah.htm <httD:/Iwww.mrsc.oro/textah.htm>
Until there is a legislative fix, the basic method of annexation left to
cities is the election method. The two other methods - the unincorporated
island and the municipal purpose methods - can be used only in limited
circumstances, and they will be discussed only briefly at the end of this
article. Unfortunately, the election method has some basic drawbacks.
Though it may sound odd to say this, one drawback of the election method is
that you need voters to have an annexation election. But, this fact presents
a roadblock to annexing property on which no voters live - vacant,
undeveloped property or property that is devoted to nonresidential
(commercial or industrial) uses. Annexation elections are conducted only in
the area proposed for annexation. Voters who already live in the city do not
get to vote in an annexation election, and, of course, neither do
nonresident owners of property in the proposed annexation area. The ironic
result of the state supreme court's decision invalidating the petition
method because it grants owners of highly-valued property an
unconstitutional privilege is that property owners, regardless of the value
of their property, now have no voice regarding annexation unless they live
and vote in the area proposed for annexation. So, cities and owners of such
property have been thinking of ways around this roadblock, such as moving
people onto the property or adding to the proposed annexation'area property
that already has resident voters and who, presumably, would favor >
annexation. Without such maneuvers, it is now impossible to annex vacant and
nonresidential property, unless one of the other two methods of annexation
applies, which is usually not the case.
Another basic drawback of the election method is cost. Elections cost money,
and cities are responsible for the entire cost of annexation elections,
regardless of the outcome. How much a particular annexation election will
cost a city depends on a number of variables, such as how many other
jurisdictions have measures being voted on at the same election, how many
voters are in those jurisdictions, and how many measures are being voted on.
Mail balloting is generally cheaper than conducting an election at polling
places, though that method is not available if the measure is being voted on
at a primary (September) or general election (November). While it would
appear to be more economical for cities to annex larger areas in one
election, there is the risk that the voters will reject annexation and
cities will get nothing in return for the money they spend. And, these days
cities don't have much, if any, funds to put at risk.
So, if a city gets past the issues of having voters on the property and of
cost, how does it annex territory by the election method? An annexation
using the election method can be initiated in either of two ways. It may be
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initiated by city council resolution. Or, it can be started by a petition
signed by voters in the area proposed for annexation. That petition must
contain signatures of at least 10 percent (code cities) or 20 percent (other
cities and towns) of the number who voted in the last state general
election. An annexation proposed by petition must receive council approval
before it may proceed to an election. Both the petition and the resolution
must contain certain information, including the boundaries of the proposed
annexation area and the number of voters in the area, and certain
statements, such as asking for an election on the question of annexation. As
in a petition method annexation, the proposed annexation can be linked with
a proposed zoning regulation, and the ballot can also include a proposition
regarding assumption of city indebtedness. An election method annexation may
also ask the voters whether they want to establish a community municipal
corporation, which has approval authority over zoning ordinances and
comprehensive plan amendments that affect the annexed area.
Election method annexations are subject to review by the boundary review
board or, in counties without such a board, are reviewed by either a county
annexation review board (code cities) or an "ad hoc" annexation review
board. Being "subject" to boundary review board review does not mean that a
boundary review board will actually review a proposed annexation. It may not
do so unless its jurisdiction is invoked by an affected local government,
such as a county or a fire protection district, or by property owner or
voter petition. If board jurisdiction is not invoked, the annexation is
deemed approved by the board. An annexation of less than 50 acres or of less
than $2 million in assessed value is exempt from review, except in counties
with a boundary review board.
Review board approval is necessary for the proposed annexation to proceed to
an election, unless the annexation is exempt from board review. In non-code
city annexations, the board of county commissioners must, after review board
approval. hold a hearing on the proposed annexation to determine if the
petition "complies with the requirements of law." Presumably, this hearing
before the county,commissioners is merely a formality.
The next step is for the city council to choose the election date. It does
so by indicating its preference to the county auditor, and that preference
must be for one of the statutory special election dates (in February, March,
April, May, September, or November) that is more than 60 days after the
cityindicates its preference. The county auditor is required to call for an
election to be held on the date indicated by the city.
A simple majority vote IS all that is needed to approve an annexation
proposal. If the issue of assumption of indebtedness is included as a
separate proposition, that proposition must be approved by 60 percent of the
voters, With a minimum turnout of not less than 40 percent of those who
voted at the last general election. If the annexation is approved by a
majority of the voters but the indebtedness proposition is not approved, the
city council may refuse to annex the property. If the indebtedness
proposition is combined with the annexation proposition, the combined
measure must also be approved by 60 percent of the voters with a minimum
number of votes not less than 40 percent of those from the last general
election. However, if the combined proposition receives only a simple
majority vote, the city council may accept the annexation without the
assumption of indebtedness. A proposition to create a community municipal
corporation is approved by a simple majority vote.
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FORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
JULY 16, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
Bob Coons, Human Resources Manager ~~
FROM:
SUBJECT:
ApPROVAL OF IBEW #997 LABOR CONTRACT for 2002-2004
Summary: The City reached agreement for a new three year labor contract with the International
Brotherhood of Electrical Workers, Local #997 covering the period April 1 , 2002 through December
31,2004. The wage increase includes a cost ofliving adjustment of3% for 2002,3% for 2003, and
90% ofthe Seattle CPI for 2004. Additional economic items include maintenance of health benefits
for 2002, a boot allowance of$150 every other year, and $100 per year for safety glasses. There is
a contract opener for medical benefit costs for the final two years of the agreement. The fiscal
impacfto the City for 2002 is $28,557 for the wage increase and $25,500 for maintenance of health
benefits, and an estimate of $1,000 for the boots and safety glasses. The wage scale for 2002 is
included in the contract as an addendum.
Recommendation: Staff recommends that the City Council approve the attached three year labor
contract, retroactive to April I , 2002, between the City and the IBEW Local #997 and authorize the
Mayor to sign the agreement covering the period of April I, 2002 through December 31, 2004.
Background / Analysis: The City and the IBEW Local #997 reached tentative agreement for a new
labor contract covering the period of April 1 , 2002 through December 31, 2004. The Union ratified
the contract on July 10th and staff now needs City Council approval. The financial terms and
tentative agreements were discussed with the City Council several weeks ago and are within the
guidelines authorized at that time. The economic terms and conditions of the proposed contract are
funded in the 2002 budget.
The IBEW is composed of 20 employees including the electrical workers in the line crew, meter
repair shop, fleet mechanics, and the conservation division employees of the Public WorkslUtilities
Department. The attached contract indicates the changes with underlined sections as new contract
language and the lined out sections are deletions. There are several sections that have been amended
where the parties have modified the contract to update or clarify ambiguous language. These include
the labor management committee process, posting for job vacancies, scheduling and hours of work,
overtime conditions, call back conditions, shift differential, higher class compensation, safety
glasses, boot allowance, and the grievance procedure.
G \MASTFORM\COUNCIL WPT
Last ReVised 6/29/99
61
One significant issue negotiated in this contract is that the parties agreed to have an "opener" for re-
negotiating the medical benefits cost. The City will be proposing that employees participate with .
the City in the cost of paying the monthly premiums for medical coverage. Currently, the City pays
the full cost for employees and dependents. With the contract "opener", the City will begin joint
bargaining this Fall with four ofthe bargaining units on this major issue. These include IBEW #997,
AFSCME #1619, Teamsters non-sworn unit, and the Firefighters local #589.
Staff is requesting City Council approval of this labor contract and will be available at the July 16th
meeting to respond to any questions you may have concerning this labor agreement.
cc: Mike Quinn, City Manager
Jim Shay, Shop Steward, IBEW #997
Giles Cobb, President, IBEW #997
Attachment: IBEW #997 Labor Contract for 2002-2004.
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G \MASTFORM\COUNCIL WPT
Last Revised 6/29/99
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ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective April 1, 2002, and shall continue in full force and effect to ftfid
indtlding through December 31, 2004. Should either party desire to modify or terminate this
Agreement, it shall serve written notice upon the other party at least sixty (60) days prior to the
expiration of this Agreement.
IN WITNESS WHEREOF, we attach our signatures this
day of June 2002.
CITY OF PORT ANGELES
IBEW. LOCAL #997
Glenn Wiggins, Mayor
Gites Cobb
President, IBEW Local #997
~r1~
es Shay -
Vice-President, IBEW Local #9~./
Q<<D_~
Dave O'Donnell
Negotiating Team Member
Mike Quinn, City Manager
~~~
Robert Coons
Human Resources Manager
ibew02
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AGREEMrnNTBETWEEN
THE
CITY OF PORT ANGELES
AND
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INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
LOCAL #997, AFL-CIO
April 1, 2002 - December 31, 2004
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IBEW LOCAL #997
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
Section B - Recognition
Section C - Savings Clause
Section D - Non-Discrimination
ARTICLE II - RIGHTS OF PARTIES
Section A - Management's Rights
Section B - Union Security
Section C - Seniority
Section D - Discipline Procedure
Section E - Labor\Management Committee
Section F - Vacancies
Section G - Notice of Changes to Work Rules
Section H - Personnel Records
Section I - Apprenticeship Program
Section J - Overnight Lodging for Travel
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
Section B - Safety
Section C - Response Time
Section D - Meal Breaks When on Overtime
Section E - Work Stoppages
ARTICLE IV - COMPENSATION
Section A - Wages
Section B - Overtime Pay
Section C - Compensatory Time
Section D - High Time Pay
Section E - Call Back
Section F - Higher Class Pay
Section G- Tuition Reimbursement
Section H - Safety Glasses
Section I - Boot Allowance
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ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Section B - Holidays
Section C - Sick Leave
Section D - Injury Subsidization
Section E - Industrial Injury
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ARTICLE VI - HEALTH BENEFITS
Section A - Health Coverage
Section B - Life Insurance
Section C - Long Term Disability Coverage
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ARTICLE VII - GRIEVANCE PROCEDURE
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ARTICLE VIII - DURATION OF AGREEMENT
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ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
This Agreement, entered into by the City of Port Angeles, Washington, hereinafter referred to as the
City, and the International Brotherhood of Electrical Workers, AFL-CIO, Local #997, hereinafter
referred to as the Union, has as its purpose the setting forth ofthe full and entire understanding of
the parties regarding the matters set forth herein, reached as the result of negotiations regarding
wages, hours, and other terms and conditions of employment of employees covered by this
Agreement.
Section B - Reco2nition
The City recognizes the Union as the bargaining representative for purposes of establishing wages,
hours, and conditions of employment. The terms and conditions set forth shall apply to regular full-
time and regular part-time employees and approved apprenticeship programs in the following
classifications:
Lineman
Meterman
Equipment Operator
Groundman
Electrical Inspector
Warehouseman
Maintenance Technician
Serviceman
Traffic Signal Electrician
Line Foreman
Senior Meterman/Journeyman
Head Groundman
Senior Electrical Inspector
Fleet Maintenance Mechanic
Senior Fleet Maintenance Mechanic
Commercial and Institutional Energy Analyst
Energy Analyst/Inspector
Regular full-time employees are defined as an employee in a represented classification who is
budgeted to work full time (2,080 hours per year). Regular part-time employees are defined as an
employee in a represented classification who is regularly budgeted as working half time or greater
(1,040 hours per year).
The City may employ temporary help in the represented classifications who may work up to ninety
(90) consecutive days. Such employment beyond this period shall result in the temporary employee
being eligible for Union membership and the payment of appropriate dues, assessments, and
initiation fees, subject to the Union security provisions of this Agreement.
This provision does not apply to work the City elects to subcontract.
In the event the City establishes a new classification assigned to perform operational, technical, or
maintenance work in the Electrical Utility, the City shall notify the Union of the new class and
negotiate to establish wages for the classification.
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Section C - Savings Clause
It is the intention of the parties to comply with all applicable laws and believe that all portions ofthis
Agreement are lawful. All of this Agreement shall be complied with unless provisions are declared
invalid or inoperative by a court of final jurisdiction. In such event, either party may request re-
negotiation of the provision(s) declared invalid. However, any new provisions shall have no effect
on the remaining provisions of this Agreement.
Section D - Non-Discrimination
The City and the Union agree that they will not discriminate against any employee by reason of race,
creed, age, color, sex, national origin, religion, handicapped status, or marital status.
The City and the Union agree that if discrimination should happen inadvertently that either party will
actively cooperate with the other party to resolve the situation.
Wherever notations are used in the masculine gender, they are intended to apply equally to either
gender.
ARTICLE II - RIGHTS OF PARTIES
Section A - Management's Rights
The City and its management representatives shall retain all customary rights, powers, functions, and
authority normally reserved by management consistent with State law, local ordinances, and
Department rules and regulations. It is understood that the City retains its right to manage and
operate the Department except as may be limited by an express provision of this Agreement.
Management's Rights shall include but not be limited to the following:
1. Determine the mission of the City and respective Departments, Commissions, and Boards.
2. Set standards of service and performance standards, establish Department policy/ procedures,
work rules/regulations, safety procedures, and personnel policies and procedures.
3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the
introduction of any and all new, improved or automated methods or equipment.
4. The exclusive right to assign work and establish work schedules.
5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with
established ordinances, resolutions, and rules, and Department Policies and Procedures.
6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations,
organizational changes, or other legitimate reason.
7.
Determine the number and classification of personnel.
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Contract out any work as determined by the City.
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Take any action necessary to carry out its mission in an emergency.
Section B - Union Security
Employees of the Port Angeles City Light Division and the Equipment Services Division covered
by this Agreement who are currently members of the Union shall, as a condition of employment,
continue as members in good standing during the term of this Agreement.
New employees hired after the effective date of this Agreement shall, as a condition of employment,
become and remain members in good standing on the thirty-first (31st) day of employment and
continuing through the term of this Agreement.
Exception: A waiver of this membership requirement will be granted to an employee, providing the
employee presents satisfactory proof to the City and the Union that the obligation of Union
membership is in conflict with the tenets of the employee's religion and that the employee remits an
amount equal to the regular initiation fee and monthly dues to a non-religious charitable organization
mutually agreed between the Union and the employee.
Failure of the parties to agree, PERC shall make the selection.
It is further understood that a probationary or temporary employee may be granted an extension of
time from the normal thirty-one (31) days to a maximum of one hundred eighty (180) days by
mutual consideration of the parties to this Agreement if such action would be in the best interests
of the employee, as determined by the Department Director.
Section C - Seniority
The following seniority rules shall apply separately to each classification. When it is found
necessary to add new classifications to this Agreement, the City and the Union shall meet to
negotiate wages and conditions for said new classification.
Seniority in each classification shall be determined by continuous service in the classification.
Seniority with the City shall be determined by length of continuous service with the City.
It is understood and agreed that in all cases of promotion, the following factors shall be considered.
When and where factor (1) is relatively equal, factor (2) shall govern; and where factors (1) and (2)
are equal, factor (3) shall be used:
1. Knowledge, training, ability, physical fitness.
2. Length of employee service in classification.
3. Length of continuous service with the City.
In cases where two (2) or more employees start to work on the same day, the date of application for
employment shall establish priority of position on the seniority list.
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A seniority list shall be made and posted annually, beginning with the first day of this Agreement.
The list shall show length of service:
1. Service in present classification.
2. Continuous service with the City.
Seniority status shall terminate upon the following: Discharge, resignation, retirement, failure to
return from an approved leave of absence, layoff of more than eighteen (18) consecutive months, or,
if recalled from layoff, within fourteen (14) days from notice of recall from layoff should the
employee not return to work. Approved leaves of absence and layoff beyond thirty (30) calendar
days will not count toward the computation of seniority.
Section D - Disciplinary Procedures
All discipline for employees covered under this Agreement shall be for just cause.
In the event of discipline (excluding verbal and written reprimand), the employee's supervisor will
provide the employee with written notice of such discipline, including specific violations, prior to
the imposition of disciplinary action, unless immediate action is warranted.
An employee disciplined, other than verbal, has the right to have a meeting with his Department
Head to address the facts of the incident. Such a meeting must be requested by the employee within
five (5) working days of the discipline imposed by the employee's supervisor. The meeting is to
provide the employee with the opportunity to present his side ofthe matter. The Department Head,
after the meeting, shall either affirm, modify, or cancel the disciplinary action.
The employee is entitled to representation at all stages of the disciplinary process.
Verbal or written reprimands are not appealable through the grievance procedure. However, if a
written reprimand is placed in the employee's personnel file, the employee may submit a written
reply for placement in the personnel file.
Section E - Labor/Management Committee
In the interest of developing and improving trust, communications, and employer-employee relations
between the Union and Management, the parties agree to establish a Labor/Management Committee.
This committee shall meet on an as-needed basis. In order to determine whether a dispute is subject
to the Labor Management Committee or the grievance procedures, the Union President and the
Human Resources Manager will discuss the matter in dispute.
The members of the Labor/Management Committee shall be no more than four members from the
Union and four representatives from Management. The Management personnel will be the Public
Works/Utilities Director, the Deputy Director of Public WorkslUtilities, the Light Operations
Manager, and the Human Resources Manager. The City Manager may attend from time to time,
depending on the issue discussed or if the Union requests the City Manager's attendance at the
meeting. The Union members of this committee will be the Union shop steward and three others
as selected by the Union.
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The parties shall submit their agenda issues to each other prior to the meeting. The times and
frequence of the meetings shall be by mutual agreement of the parties.
Issues which are resolved through the Labor/Management process which affect this labor contract
will be put in writing in a letter of understanding as an addendum to the contract, subject to approval
by the Union.
Section F - Vacancies
When a vacancy occurs in a position represented by IBEW, the job posting will be posted for three
weeks (15 working days) before the recruitment period ends. A copy of the posting notice will the
sent to the Union Shop Steward. The City will attempt to make the posting notice available to
employees that may be on leave due to vacation, sick leave, or an approved leave of absence, so they
are aware of the opportunity to complete the process before the interviews are conducted.
Applications must be submitted to the Human Resources Office prior to the closing deadline in the
job posting. Temporary assignment to the vacant position may be made during the recruitment
period, until the job is filled.
Employees promoted to a higher class shall be required to serve a 6-month probationary period
during which time, he/she is required to demonstrate his/her ability to perform the duties of the
higher level position. Should the person fail the probationary period, he/she will revert back to the
position held prior to the promotion or reclassification.
Section G - Notice of Changes to Work Rules
The City agrees to notify the Union in writing of any changes to work rules/regulations at least
fourteen (14) calendar days prior to implementation. At the request of the Union during this time
period, the City agrees to discuss the proposed changes to such work rules/regulations.
Section H - Personnel Records
The City and the Union recognize that the employee's official personnel file relative to any personnel
actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept
and maintained in the Human Resources Office
Any employee may review his personnel file in the Human Resources Office or within the
Department upon request, with reasonable notice, and may have a copy of any information contained
in the file(s).
Whenever a Department Head places information concerning the employee in the official personnel
file, a copy will be provided to the employee. If such information is the result of disciplinary action
or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be
made part of the employee's personnel file. Such a response by the employee, however, shall be
within thirty (30) days of receipt of the disciplinary action or performance evaluation.
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Section I - Apprenticeship Program
The City conditionally agrees to the establishment of an apprenticeship on-the-job training program
as provided within the Washington State statutes, Chapter 49.04 RCW and Chapter 296-04 WAC.
The City reserves the right to review and approve the Washington State Apprenticeship Council
guidelines prior to implementation of the program.
Section J - Overnight Lodging for Travel
If an employee is required to travel outside the Puget Sound! Seattle area in excess of two hours
travel time to attend job-related training, the Department Head will consider the need for overnight
lodging. The intent of this procedure is to provide a safe work environment for employees traveling
over long distances, when it may be advantageous to provide lodging rather than have the employee
attend a training workshop and travel additional hours.
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
The work schedule and hours of work shall be established by the City and shall consist of five (5)
consecutive 8-hour days on duty with two (2) consecutive days off duty. The normal work week is
Monday through Friday, with Saturday, Sunday and holidays as scheduled days off duty. Ifthe City
or the Union wish to establish any other work schedule, the parties may do so by mutual agreement,
which shall be in writing as an addendum to this contract.
The normal work day will be from 7 AM to 3:30 PM or 8 AM to 4:30 PM, with a 30-minute lunch
period, or 8 AM to 5 PM with a 60-minute lunch period, scheduled by the supervisor at
approximately mid-point in the work day.
An employee shall not work for more than twelve (12) consecutive hours (including meal breaks)
without a rest period of no less than eight (8) consecutive hours before returning to duty, without the
express authorization of the supervisor.
Work hours for the part-time mechanic shall be Monday-Friday and the City shall establish a regular
schedule for this position. The part-time mechanic may be assigned varying hours to fill in for
vacancies and unexpected absences as needed. However, the City will provide at least three days
notice of any shift changes, unless an emergency or unforeseen manpower shortage exists.
Section B - Safety
The electrical safety rules of the Department of Labor and Industries of the State of Washington, or
any amendments thereto, is hereby adopted and incorporated as a part of this Agreement, as iffully
set forth herein. If the Washington State Safety Code does not cover a situation, the national Safety
Code will be used. The Line Foreman/Shop Foreman will be responsible for the safety of his/her
crews.
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Section C - Response Time
Employees hired after April 1 , 1985, performing field operations in City Light Division, and Service
Garage mechanics shall reside within thirty (30) minutes response time from the shop. Travel time
is determined using normal driving conditions.
Section D - Meal Breaks When on Overtime Assignment
An employee will not be required to work more than five (5) consecutive hours without a meal
break. The supervisor shall determine the time for such a meal period, which shall be non-paid time
and shall be for 30 minutes in length. During an overtime assignment in which the employee is
entitled to a meal period as defined above, the City will pay the cost of the meals based on City
policy (IRS rate). Meal time shall be as follows: Breakfast, 3 AM to 9 AM; Lunch, 9 AM to 3 PM;
Dinner, 3 PM to 3 AM.
An employee is responsible for his/her own meal if overtime is scheduled in advance.
In the event an employee working overtime will complete the work within a reasonable period of
time after the five (5) hours qualifying for a meal period, in the judgment of the supervisor, the
project may be completed without the meal break and the employee will be entitled to the cash
payment for the meal, based upon the above meal rates.
Section E - Work Sto{)pages
During the term of this Agreement, employees shall not engage in any work actions, including a
strike, work slow down, sick-out, or any interference with the efficient operation of the Light
Department or Service Garage.
It is further understood that employees who engage in any such actions as noted above shall be
subject to disciplinary action as may be determined by the City.
Employees who refuse to cross legal picket lines, except where the public safety and welfare are in
jeopardy, will not be in violation ofthis Section.
The City will not engage in a lock-out of employees during the term of this Agreement.
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ARTICLE IV - COMPENSATION
Section A - Wages
Effective April 1, 2002, the City will provide a cost-of-living increase equal to 3.0% to all
classifications in the bargaining unit. The COLA for 2003 shall be 3 .0% effective January 1,2003.
The COLA for 2004 shall be effective January 1 and shall be equal to 90% of the August 2003
Seattle-Bremerton CPI W-index (12 month annual figure) with a minimum of2% and a maximum
of6%.
The parties further agree to establish a list of comparable cities to use for wage survey purposes for
the classifications of Fleet Mechanic and Senior Fleet Mechanic. These cities are Aberdeen, Lacey,
Oak Harbor, Wenatchee, Mt. Vernon, Pasco, and Marysville.
Section B - Overtime Pay
1. Overtime hours are those hours which the employee is assigned to work in excess of forty
(40) compensable hours in the work week or eight (8) or ten (10) hours in the work day,
depending on the work schedule.
2. Overtime hours worked shall be paid at the rate of double the employee's current rate of pay.
3.
If an employee is called back to work in an overtime situation 4 hours or more before their
shift, and the work extends into the regular shift, the employee remains on overtime while
they are working, until an 8-hour rest period is provided.
4. If an employee works on a holiday, the employee shall receive pay at the overtime rate of
pay (double time) for those hours worked on a holiday, in addition to the holiday pay.
5. Overtime pay shall not be compounded with any other forms of compensation paid to the
employee.
6. Overtime work is a condition of employment, when called upon to meet the operational
needs of the Department. However, the Department shall attempt to assign overtime in a fair
and equitable manner whenever possible.
Section C - Compensatory Time Off
An employee assigned to work overtime may, at the option of the employee, receive cash or
compensatory time off for such overtime hours worked. Compensatory time shall be earned at the
rate of double time for each hour worked, calculated to the nearest 30 minutes.
The maximum compensatory time accrual is eighty (80) hours.
Compensatory time taken off shall be scheduled by advanced supervisory approval and such time
off will not be permitted if it results in an overtime situation or affects the operations of a crew
because of manpower shortage.
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All overtime worked in excess of the eighty (80) compensatory hours shall be paid in cash at the
overtime rate of pay.
Compensatory Time for Travel
If an employee is required to attend mandatory training and driving time extends beyond the normal
work day, such time shall be paid in the form of compensatory time at the rate of straight time and
credited to the employee's compensatory time bank accrual, per procedure noted above.
Travel time for non-mandatory training shall not be compensable.
Section D - High Time Pay
All employees who work eighty (80) feet above ground, or higher, shall be paid at the rate of double
time while working at such height. This rule does not apply when employees are working on the
roofs of buildings where no exceptional hazards exist.
Section E - Call Back
If an employee is called out to work and receives any combination of four hours or more at the
overtime rate, the employee will remain on overtime status until an eight (8) hour rest period is
provided. If the rest period is provided during the employee's regular shift hours, the employee will
be paid for their shift at the straight time rate. Ifthe eight hour rest period ends before the end of the
regular shift, the employee will return to work for the remaining hours or use vacation or
compensatory time.
Employees called back for duty less than four (4) hours before the beginning of regular working
hours, or their shift hours, shall be paid at the overtime rate (except meal breaks, which are non-paid
time) from the time they are called until the beginning of their regular working hours or shift.
A minimum of one (I) hour of overtime will be paid. Regular hours or shift hours following shall
be paid at straight time. If relieved from duty prior to the start oftheir regular shift, the two (2) hour
minimum of overtime (double time) shall apply.
Employees called back to work prior to the beginning of their regular shift, without sufficient time
to eat breakfast or prepare a lunch, shall receive compensation for the breakfast and lunch period
provided they continue to work. For the purpose of this agreement, meal periods shall be 6:30 am,
12:00 (noon), 6:00 pm, and midnight.
Section F - Higher Class Pay
Due to WISHA requirements for a supervisor to be present in charge of a Line Crew, when an
employee is assigned by management to work in a higher class, the employee will be paid at the
salary of the higher class for those hours worked, calculated to the nearest 30 minutes.
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In the event an employee in the bargaining unit is assigned by management to work out of class in
a management position, the compensation shall be a flat 5% premium pay based on the employees
regular rate of pay. In order to receive this pay the assignment must be for an 8-hour shift or longer.
Section G - Tuition Reimbursement
Any member covered by this Agreement is entitled to 80% reimbursement for tuition and books
costs for any course directly related to his job, provided the member has gained the approval of the
Supervisor prior to registration for the class of instruction. All members requesting reimbursement
for tuition and books will be expected to meet the minimum standards for taking the course and must
complete the course with a passing grade or notification of course completion.
Section H - Safety Glasses:
The City agrees to provide up to $100 per year for the purchase of approved safety glasses, with
receipt of purchase. Employees may bank this amount for one year and use up to $200 every other
year for safety glasses.
Section I - Boot Allowance:
The City agrees to provide reimbursement for work boots up to 50% of the cost, not to exceed $150,
every two years. The style of the work boot is subject to approval of the Light Operations Manager.
ARTICLE V - P AID LEAVE TIME
Section A - Vacation
Vacation leave shall accrue to each employee covered by this Agreement as follows:
Annual Hrs.
Accrual
Days per
Year
Maximum
Accrual Hours
1 - 5 continuous years
of City service
88
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176
6 - 10 continuous years
of City service
128
16
256
11 - 15 continuous years
of City service
168
21
336
16 - 20 continuous years
of City service
208
26
416
21 and over continuous years
of City service
248
31
496
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Vacation may be taken only after completion of the 6-month probationary period. Thereafter,
vacation credit earned may be taken upon proper authorization, per Department procedures. A
request for such leave shall be made in advance and is subject to approval of the Department Head.
The maximum accrual of vacation leave is twice the employee's annual accrual rate (refer to
preceding chart). Employees shall be paid for unused vacation leave at their base hourly rate (i.e.,
straight time) upon leaving City service, except for terminations during the employee's initial
probationary period.
An employee may request an extension of the vacation accrual maximum by submitting a written
request to the Department Head. The request shall provide justification for the request and a
reasonable time in which the accrual will be brought down below the maximum limit. It is
understood that an extension will not be authorized to increase vacation payoff, ifleaving the City.
Section B - Holidays
The following holidays will be observed during the term of this Agreement:
New Year's Day Independence Day
Washington's Birthday Labor Day
Memorial Day Veteran's Day
Christmas Day Thanksgiving Day
Two Floating Holidays Day after Thanksgiving Day
The two floating holidays may be taken in 8-hour increments, subject to Supervisor approval.
Whenever the above-named holidays (excluding floating holidays) fall on a Sunday, the following
Monday shall be observed as the holiday; when the holiday falls on a Saturday, the preceding Friday
shall be observed as the holiday.
Section C - Sick Leave
Purpose
The use of sick leave benefits is-considered a privilege and not a right, and may only be used in the
event of actual illness or disability to the employee or family members as provided for in this
Agreement.
Sick Leave Accrual
Sick leave shall accrue at the rate of 8 hours per month for all regular full-time employees covered
by this Agreement. The accrual of sick leave shall be unlimited, however, payoff shall be limited
to 120 days (960 hours).
Notification Requirements
An employee requesting sick leave usage must provide the proper notice as established by the
Department Head. When the Department Head has reasonable cause to believe an employee has
misused his/her sick leave benefits, the employee may be required to provide proof of illness from
a medical doctor. Any misuse of sick leave shall be considered cause for disciplinary action.
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Use of Sick Leave
Sick leave may be used for the following:
1. Illness or injury to the employee, on or off the job, resulting in an inability of the employee
to perform his/her work.
2.Sick leave may be used, with advance approval of the supervisor to care for members of his /her
immediate family, or for funeral leave. Use of sick leave for funeral leave is limited three (3) days
per incident unless additional time is approved by the employee's supervisor.
For purposes of sick leave usage, immediate family member includes spouse, children,
parents, grandparents, step-children, brothers, sisters, and other dependent relatives or legally
adopted children.
Sick leave for family members is limited to care which is medically necessary, with
verification required from the attending physician, if requested by the supervisor, to verify
proper sick leave usage.
3. Family Leave shall be pursuant to City Personnel Policy and Procedures Manual Section
7.05 and 7.06.
4.
Sick Leave Benefit
If the employee has ten (10) or more years of service with the City, twenty-five (25) percent
of the value of the employee's accumulated sick leave will be paid upon regular retirement
or death.
Section D - Injury Subsidization - Applies only to Light Operations and Mechanic classifications.
Any regular employee having six (6) months continuous service with the City who is injured on the
job and is unable to return to work, shall be compensated by the City an amount equal to the
difference between the employee's regular salary and those moneys paid through the City's Worker's
Compensation Plan. However, the combination of the two shall not exceed the employee's regular
salary. The first three days oftime loss shall be charged to sick leave. Time loss thereafter, up to
ninety (90) days, shall be paid by the City at the employee's regular salary. This section shall apply
only to full 8-hour days or longer periods of time lost. It shall not apply to sporadic periods of
disability or medical appointments of less than a full day.
Section E - Industrial Injurv
When an employee is injured on the job and there is time loss, the employee shall go on the City's
Industrial Insurance program and draw Worker's Compensation time loss benefits, which is equal
to the State of Washington's Worker's Compensation Plan. For employees with less than six (6)
months City service who qualify, that portion of sick leave paid shall be deducted from accumulated
sick leave.
12
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.
.
ARTICLE VI - HEALTH BENEFITS
Section A - Health Coverage
During the term of this Agreement, the City agrees to provide family medical coverage under the
A WC Plan "W~., Specific ,areas identified below will be made eqmll 'to Plan "'A" through
reimbursement of Co-payments (see attachment B for Plan A and Plan B comparison). These areas
include:
· Hospital in-patient and out-patient
· Newborn care
· In-patient rehabilitation services
· In-patient mental health
· Ambulance charges
· Chiropractic services
· Organ transplants
The City agrees to provide family dental and vision coverage for the term of this Agreement. The
dental coverage is through the self-insured plan of the City, and the vision benefits is the $25
deductible plan offered through A We.
The City agrees to cover medical insurance premiums for the period of April 1 through December
31,2002. The parties agree to open the contract to re-negotiate medical for the remaining two years
of the contract.
The Union agrees to participate in ajoint bargaining process during 2002 with the City and the other
Unions concerning the possibility of employees sharing in the cost of medical insurance premium
Increases.
The City reserves the right to select carriers for health benefits as long as the benefits are not
reduced.
The terms and conditions of health benefits, eligibility requirements, plan benefits and limitations
are provided in the Plan summary, provided to each employee.
Section B - Term Life Insurance:
The City agrees to provide term life insurance for regular full-time employees, equal to one times
annual salary with a maximum of$50,000, rounded to the nearest thousand. Additional optional life
insurance is available, paid for by the employee through payroll deduction.
Section C - Long-Term Disability Coverage:
The City agrees to provide long-term disability coverage for regular full-time employees. The
coverage shall have a 90 day waiting period and benefits are subject to the terms and conditions of
the plan booklet, provided to each employee.
13
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.
.
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Objectives
To informally settle disagreements at the employee-supervisor level; to provide an orderly procedure
to handle the grievance through each level of supervision; to correct, if possible, the cause of the
grievance to prevent future complaints; to promote harmonious relations among employees, their
supervisors, and departmental administrators; to assure fair and equitable treatment of employees;
and to resolve grievances at the departmental level before appeal to higher levels.
Section B - Definitions
The following terms, as used in this Article, shall have the following meanings:
Grievance: A complaint by an employee concerning the interpretation or application of this
Agreement. A grievance may be filed when the employee believes an injustice has been done
because of unfair application of a City policy or an alleged violation of any term or condition of this
Agreement.
Dav: Calendar day, exclusive of Saturday, Sunday, and legal holidays.
Emvlovee: A regular full-time or regular part-time employee covered by this Agreement.
Immediate Suvervisor: The Division Manager who assigns, reviews, or directs the work of an
employee.
Revresentative: The Union Shop Steward or designee appointed by the Union President.
Devartment Head: The employee reporting to the City Manager, having direct responsibility over
a City Department.
Section C - Exclusions
1. Work assignments, unless the complaint arises out of an allegation that the employee was
required to work in violation of applicable sections of this Agreement or State and/or Federal
Safety Regulations.
2.
Work performance evaluations, except where disciplinary actions occur.
3.
Grievances filed after Twenty-five (25) days from the incident or when the employee had
knowledge of the incident.
14
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.
.
Section D - Time Limits
Time limits are established to settle grievances quickly. Time limits may be extended by agreement
of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's
responsibility to initiate the action which submits the grievance to the next level of review within
the time limits specified. Failure of the employee to submit the grievance within the time limits
imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure
of the City to respond within the time limits specified will allow the grievant to submit the grievance
to the next higher step of the grievance procedure.
Section E - The Parties' Rights and Restrictions
1. A party to the grievance shall have the right to record a formal grievance meeting at the
expense of the requesting party.
2. An employee may have representatives present at all steps of the grievance procedure.
3. Reasonable time in processing a grievance will be allowed during regular working hours for
the shop steward, with advanced supervisory approval.
4. Only a person(s) selected by the Union and made known to management prior to a scheduled
grievance meeting shall have the right to represent or advocate as an employee's
representative.
5.
Nothing within this grievance procedure shall be construed as limiting the right of
management to manage the affairs of the City.
6. Grievances of an identical nature, involving an alleged violation of the same Article, Section,
etc., concerning the same subject matter, may be consolidated.
7. The Union, as an organization, may file a grievance alleging that the City has violated
specific rights afforded the organization in the Agreement. Such grievance shall be filed
directly at the Department Head level.
Section F - Grievance Procedure
Step 1 - Division Manager: If an employee or the Union wishes to file a grievance, they may do
so by completing the grievance form (Union or City grievance form) and submitting the completed
form to their Division Manager within the time limits specified above. Any documentation in
support of the grievance should be attached to the grievance form. The Division Manager shall meet
with the employee and the Union representative to hear the complaint or allegation and provide a
written response to the employeelUnion within five (5) working days after close of the meeting(s)
to discuss the matter. Failure of the Division Manager to respond to the employeelUnion within this
time period shall automatically elevate the grievance to the next level of the grievance procedure,
the Department Head, the Public W orkslUtilities Director.
15
.
.
.
A grievance, whether submitted by an employee or directly from the Union, must have a signature
of the Union President to be valid.
Step 2 - Department Head
Ifthe employee/Union is not satisfied with the decision of the Division Manager, they may request
that the grievance be advanced to Step 2, the Department Head, within five (5) working days after
receipt of the Division Manager's decision.
The Department Head shall hold a meeting with the employee and the Union representative within
ten (10) days from the date the grievance is received and attempt to settle the grievance.
A decision shall be made, in writing, to the employee and the Union representative by the
Department Head within ten (10) days from the close of the meeting.
Step 3 - City Manager
If the employee/Union is not satisfied with the decision of the Department Head, the Union may
appeal the decision to the City Manager within ten (10) days from receipt of the Department Head's
decision.
The City Manager will hold a meeting with the Union President and the employee within ten (10)
days of receipt of the grievance or a mutually agreeable time, with all supporting documents, the
Department Head's response, and the remedy requested, and issue a written decision within ten (10)
work days after the close of the meeting.
Step 4 - Binding Arbitration
If the Union is not satisfied with the decision of the City Manager, the Union may submit the
grievance to binding arbitration, by written request to the City Manager within ten (10) days of
receipt of the City Manager's decision.
If the grievance is submitted to binding arbitration, the grievant, Union representative, and the City's
Human Resources Manager shall, within ten (10) days of receipt of the grievant's request, set a date
for a meeting to:
1. Agree to any stipulations.
2.
Attempt to agree upon an issue statement.
3.
Jointly request from the American Arbitration Association, Federal Mediation and
Conciliation Service, or other mutually agreed upon source, a list of five (5) arbitrators, and
upon receipt of this list, the parties will toss a coin to see who strikes the first name, and then
each shall alternately strike a name, to arrive at an arbitrator who will hear the grievance.
The parties may, however, mutually agree to an arbitrator without using the above arbitration
selection process, or may request another list of arbitrators if both parties are not satisfied
with the initial list of arbitrators.
16
.
.
.
The parties agree that the grievance shall be heard before the arbitrator selected at the earliest
possible -date. The decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall not have the ability to alter, amend, or modify any portion of the Labor Agreement,
City policies, or regulations.
The cost of the arbitration process shall be shared equally between the parties. Any cost or fees
related to the presentation of the case for each respective party shall be the responsibility of that
party and shall not be shared as part ofthe arbitrator's expenses.
17
.
.
.
'<',' ,"', ,A<,"" -' ''I "" h ,? ? '>
:~~If~fifrl~;' k11~~ii:m w'rW ':: ' ,}>, <,<", <
:',,'/;'" '<~t', .<~~"'!::.r ~-:::;~; <>~"17w,, < ^',", , <~ ..:.... v,
:; , ~,'" > "\' v , '*" ^ > ," ~ ". ~ <' '" "" ~ ~\
Ahhtjal;:R~i~S'tlltemenf:"', '
~'>'^ > l...:;:.'<',~" ~(.t< ~y\:::....V~<~'..,. ~j .,..~ -..'., ~
'''~ ~ , ) ~ , >.., ^: ' '<"'
Anmual 'Q~(;tu9]1:)1~ .
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,- ,
'~, ,^. h v ;{ 0 ^, " -' A ^ ~/ ,V < ,,"-'
~:'''. ax::':Ann ~~lfGttifi':of~PO:C;K~t{::!,;f'
O"'>~</IA :iJ~r~?/;iJt~<A,~I'~l:~><~G;:~ ~~>~~~^ "{!> >L: ,<l?:.'t
xp~ I1!~N,I!:;i,L!p., ". ,;';",:'X. <<\:
A '> >, <~ )'<', ~ "', ~ <' ,_ '-
hiA A':: t:~ :./ Yi:~/~ 'c~~~^, ~' <1:,\ ;~ , "<" ,:
,,\~Slelans: .,"~, ." , ..
""';'11 ,~~~}, hf_.rH,,\:~i ,^<::{" <' I' '.-< ~ v,S'
~'~;~Jiitp:atie'~l:0:::f-': ~ i." " ' : ~> ,',','
,~~/~t~~~\~;,,~;;,~v~ _:~\~y:~," <>' , v>:
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" ,':. -,
, .... ,"
<;lmr\~tl~~t, ,?': < ~ < "::~
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, '-:. " '
, ,
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~ ",'! -'" ~" .""
i'!ltt~~J?it~IJ
~ ::\?<l;I:!~~ti~~J'
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.' ',t, '
:.
"
. ,
"~A >'
"* ;' IR~atj~tlt
,~}' ~ ''-' ~,
:~~~t~rlllw.~~.ar'$, ,
~ < < I ~,. ~.
, , -"'>
/,' '",
H
".
~ , Newber,n, Oare
<" ^ \ z' ,^,' ,>.
*These covered services paid at Plan A level
ATTACHMENT A
Medical Plan Comparison
2002
Regence Blue Shield
,~A\tffO: ',:
~RL.AN ~
;'" ,~"-->'. ,\,,< '~;1 ,1 :
$2,000,000
$5,000
$50/individual
$150/family
For major medical benefits
only.
$375/person + deductible
$1, 125/family + deduct
100% for employee; annual
deductible, then 100% for
dependents
100%
100%
t'l
J
100%
Paid as an illness for
employee/spouse only.
100% for 48 hours for normal
birth; up to 96 hours for
caesarean birth.
,': : ,Awc;>"
" ~, ~ > , ~\
} " ~RliAN{B, ,
;.;..;. ^ :::- l.. .,-' ~~ < A=<'. v"~ , --, Y"';,-!', >
$2,000,000
$5,000
$100/individual
$300/family
All benefits payable after
deductible is met.
$375/person + deductible
$1, 125/family + deduct
100%, including x-ray &
lab
100%
90%
80%
Paid as an illness for
employee/spouse only.
80% to out-of-pocket
maximum; 48 hrs for
normal birth; 96 hrs for
caesarean birth.
.
.
.
~
.1"'1~""~~,:;Jr:;.;~;/',~ SYi'~~\ ~ '"\,;~y (A\-4\~T::=~~r: ::.tJ;,~*~.'; ~~~ ~~:;(~<
r;,We,,1Gate\~~:"',':,~ , ,; ::,:\ ,::', .::,'> \~ ",,' ~~/?
^ "~~.( ,,;;:,>t~ ,,<},'4~ ....c'.;> ~j".i,>"-<-<- " '," (oY.,. },~.~~ \-'~ ~~, ~s,. '
: ~:,;., l~'t)uti,ae:aeJNlrR~ysical~'"'' :'
~ ~/'. ,t,."""= ~~,~ "'_, ~,,\,>....." ,"'-','" ,^"', ,,, "
: ',','exam> , i, ; , '
,,',,', ".,:,~,:;iii, ," ,:. "'" , ,
, : . ,...; ~ '-,'._ .... ;~;- _ ~A,,:, !.:;:. >
< ... ,",
~~"'~t....~..i"~ ~, "i:., ~ ,,,'F~ ->: ~ ,>" <\.\<>~~n'~/::
:~f~r,j~Re;~aB(iljt~tiv~<
, ~,?~$~~(~nc~f('::; ,';
-;;> >,v" "" .,. ~<"" /'"~ .,""<~<} '''''',;
'N" :l!1r'@ae'\fefo -
".... ~) ~_tr:-,.ff>>P" '~~-";;ii"lP,
'.. ~ ~ .... ~ 'v.
"'mentaJ\vf:i'er;a'pw; ,
);;:, .... .,.J: / r,...>~ .......t^ '!> -< ,
:>~t J;< y~<> "z ~~ ;;J,">';~ ~}' :/ >< -:: ^ <,
:{~~~H;H~~I'iP~P$,$Q;~~Cy';
v \,~~ ,. " > ' , ' <
~~ ~ ,,~:->'~;~'~;" 0': :,~~~::~~;, "~:<,N V; ~
c, "" JAW€;, , ,,'
~ -, <~~> ' ~~h.::: .::-:;r..." ~^ ..;- ,
, , 'li''''',~I,'W^j~I,,'~\ .,'
,~,.v:, '" '~l:;::' <~If~},;~f~~ <,~
.i'<~ '-,,' ~.-,~;>....~'t">t~<':"<~~ ,~-,/....,~ ~ --,
, " ',\ ,/!:.WG '
..,. >~->;:;" ,,}~ ,d
,,''; ~~nf~<<No/B;;
t v ~> \'" :'>:li:"_'/'1<,' \~,; ?::^J.~\
Not covered under medical
plan, Paid-in-full funding
provided by Wellness
Program.
Not covered.
Paid in full.
Paid in full.
Paid in full.
100% for emplovee on Iv.
Additional coverage for
exams and materials
available through separate
vision plan.
Paid in full for employee;
major medical for
dependents-paid at 80%.
Paid in full to maximum of 30
days per condition.
Major medical:
80% to age 7.
Paid in full to $10,000 per 24-
month period.
~'
"
Not covered under medical
plan. Paid-in-full funding
provided by Wellness
Program.
Not covered.
100%-Physician
90%-Facility
100%-Physician
100%-Physician
100% for emplovee on Iv.
Additional coverage for
exams and materials
available through separate
vision plan.
80%
80% to a maximum of 30
days per condition.
80% to age 7; subject to
deductible.
80% to $10,000 per 24-
month period.
.
.
.
',:;: ( ,v~ ::'~(Z ~:~,....~" ~v<.'/v ~v,.. ~'~<-";>i '~A''.-':''''
'Mental~f;lealth. " . > > , ,;
'^ll;~:~ v t .~" ,-",^, ~ ,< ..... '"
*- 'i IFlpajler:lL;;,<,> '"h, " 0, ','
'"~~~>>~:",~~,,'!'~~~~" '< >'~<'
"
<'
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:::.' ' <, > ,
~ ,<<Q~!pa.'tj,~nt;,::, ,i~, "'"''
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, ~r~~Qdpti0r';;~f09~><' ' ,': '
, "<., <-, h" '. ! '~>c~, '
,,~ ~ ,v ~,,~~:~: ",<:' <_ '";.". ~.".,.:;,\.....
~
t Qr,S?lkWraJj1~piant~~>, :'
,'t^,T-."-~:,<,:\" -.'-<',;:~'^ ~~~''" of l",
," ~
':~ >
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,:.', '@,~'r~bi~>trst1e'cii~~1 ' ,
~,>, fi~u>ipr;netlt : : ;' c
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.,' ',PJO~t~~t,~~~pp,Ji>arn~es,
" " . j ,
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"
>: , ':::..... ' ~~A 1
*"
~ :Aml;>ularlCte
· 12MJ
, ,
;'."$n;rQ~ins
, > Cessation' '
, i' , o~: '\:;. ~
> ~'
,":
,-:;:
" v.,t,~""f' >0r:::~1 >>.,'~ {,::: 4 '\. l
" t';,,,: (7:\'1:;.//3' ',.' ; >
" > " :zi':;p%!"L"i~\N': ,~":' ;, "",'
:~~\i<v"~: ~v" ~'\; ~,-' ~'?-L",3~:~ < ~\> '...,
Manaqed Mental Health
EAP Approved: 100%
Not EAP Approved: 60% to
10 days
"
, " EAP Approved: 80%
, ~;~:
Not EAP Approved: 50% to
25 visits/year
100% to 130 visits/year
100% to $10,000 or6
months maximum
$7 copay - brandname
$4 copay - generic
Paid in full to $200,000 per
organ lifetime max.
"
Major med. 80%
Major med. 80%
"
First $50 paid in full, then
major med. 80%
Not covered.
75% to $500 lifetime
maximum; prescriptions for
" nicotine withdrawal covered
under drug program.
,<,' ~, '" -<: " ~,<., -2 "y ":(
,";.', ';N,\1,.1;/;:;""" \ ';
, ~ :'I;fiYtV,~':;''<';'' ~ \,
;" p>'I":A'\;~,.jB'"">' f .' '>
< ~~i'" \;~~~~,~~~~' ~ ^ ~ < ~
Manaqed Mental Health
EAP Approved: 80%
Not EAP Approved: 60% to
10 days
EAP Approved: 80%
Not EAP Approved: 50% to
25 visits/year
100% to 130 visits/year.
100% to $10,000 or 6
months maximum
$7 copay - brand name
$4 co pay - generic
80% until maximum out-of-
pocket expense, then paid
in full to $200,000 per
organ.
80%
80%
80%
Not covered.
75% to $500 lifetime
maxir;num; prescriptions for
nicotine withdrawal covered
under drug program.
.
.
.
01<
Requires RX, pays under
outpatient neuro/rehab
benefit
12 visits per year covered,
paid under office call
Paid the same as a MD
'1' (Outpatient physician paid at
, ,~ 100%)
$700/year max. Paid at
100%
<. ~,' ,,(> ',.../'~,,,,<__ ~'" v., ~",'"
, :'" :" <','" Altll"G': "'." "
~ . l<~ "J' ~"< V{YN^>,~>'< ~~ " '< <.
, " ,~~, :" ~b~f~tEt', ,',
; < < :"-- ' ~Y_~\ ' ~:'~ :~i 1~'1:~:>,>1~~:,,<," ,~, '~t,
Requires RX, pays under
outpatient neurolrehab
benefit
12 visits per year covered,
paid under office call
Paid the same as a MD
(Outpatient physician paid
at 100%)
$500/year max. Paid at
100%
NOTE: This "Medical Plan Comparison" is presented in summary form and should be
used for general purposes only. Coverages are based upon the use of Reqence
Northwest Health participatinq physicians only. Please consult the contracts for
complete and accurate information on the conditions, exclusions, limitations and
coverage of benefits.
.
Classification
Line Foreman
Lineman
Apprentice Lineman/Meterman
.
Equipment Operator
Head Groundman
Groundman
Electrical Inspector
Sr MetermanlJourney
Meterman
W arehouse~an
Fleet Maintenance Mechanic
Sr. Fleet Maintenance Mechanic
Maintenance Technician
Sr Electrical Inspector
Serviceman
City of Port Angeles IBEW #997
ATTACHMENT B
Wage Schedule 2002
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
%of
Lineman
112.5%
100.0%
75.0%
78.0%
81.0%
84.0%
87.0%
90.0%
95.0%
89.5%
82.5%
69.0%
100.0%
105.0%
100.0%
87.0%
Hourly
Rate
$31.38
$27.89
$20.92
$21.75
$22.59
$23.43
$24.26
$25.10
$26.50
$24.96
$23.01
$19.24
$27.89
$29.28
$27.89
$24.26
$21.66
$22.95
$27.89
$29.28
$29.28
Bi- Weekly and Monthly Rates Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Energy Inspector $2,760 $2,847 $3,072 $3,022 $3,111 $3,205 $3,297
$1,274.04 $1,31399 $1,417.69 $1,394.66 $1,435.91 $1,479 14 $1,521.72
Commercial Energy Analyst $3,399 $3,501 $3,605 $3,709 $3,809 $3,915 $4,318
$1,568 81 $1,61588 $1,66363 $1,711.99 $1,757.79 $1,80684 $1,99292
.
100.0%
105.0%
105.0%
.
.
.
DATE:
To:
FROM:
SUBJECT:
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
July 16, 2002
MA YOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director 'lL-
Petersen Preliminary Short Plat SHP 02-:02 Appeal
Summary: A preliminary short plat of property owned by Steve and Madonna Petersen was
approved on April 4, 2002. The approval of SHP 02-02 required seven (7) conditions for final
short plat approval. The Petersens appealed conditions which they felt were unreasonable and
excessive. After an appeal hearing, the City Council asked City Engineer Gary Kenworthy to
meet with the Petersens in review of the conditions and make whatever revisions to the conditions
per allowances in the Urban Services Standards and Guidelines.
Recommendation: The Department of Community Development recommends that the City
Council deny the appeal of the preliminary short plat approval of Petersen SHP 02-02, except for
a modification to Condition 3B for street improvements as recommended by the City Engineer, .
citing the 9 findings and 5 conclusions attached to this staff memorandum.
Background I Analysis:
Gary Kenworthy tried unsuccessfully to reach the Petersens for several weeks after the June
17 City Council meeting. Although the meeting with the Petersens did not take place, the attached
memorandum from the City Engineer has resulted in a recommended change to Condition 3B ofthe
Petersen SHP 02-02 preliminary plat approval. Gary Kenworthy's memo (attached) references the
three conditions of the Petersen appeal (3a, 3b, and 3c as opposed to the seven conditions in the SHP
02-02 preliminary plat approval) and recommends the street improvement requirement be changed
to "a minimum of a 20-foot wide asphaltic concrete street with one 3-foot wide gravel shoulder and
one 6-foot wide gravel shoulder from Owen Avenue (sic) to Evans Place."
The other appeal issues regarding sewer improvement and right-of-way dedication cannot be
revised per adopted standards for short plat subdivisions. However, the City would work with the
Petersens to set up a developer reimbursement agreement (ORA) which could be used to recover costs
plus interest from others who connect to the sewer over a period of up to 15 years. Alternatively, the
City Council could direct staff to amend the Urban Services Standards & Guidelines in ways that
would reduce the standards for infrastructure improvements in the City of Port Angeles. In many
instances the standards have been in place for decades, but in the case of the sewer improvement
requirement for short plats the standard was put in place effective January 1, 1995. The City Council
specifically made this change, which was supported by staff, consistent with GMA Comprehensive
Plan policy decisions. The reference to a septic system alternative in P AMC Section 16.04.140(B)
was not updated but does not provide this option for lots platted after January I, 1995.
':""l
. .
65
. ~-<"
, J -t.:~':;'~
.
< '
c.,.:
~ ~.(-
.t.';: ;;,
CC Memo - SHP 02-02 Petersen Appeal
July 16, 2002
Page 2 .
Staff will be available to answer questions.
.
Attachments: Findings and Conclusions
City Engineer's Memorandum of June 27, 2002
Petersen Short Plat SHP02-02 Appeal Letter
Petersen Short Plat Site Plan
Parcel Map of the Area
Community Development Director's Memorandum of June 17,2002
Petersen Preliminary Short Plat SHP 02-02 Approval dated April 4, 2002
.
.
" ~~ ~--:;
.66
..,;~~~:.
Jt. .:;-:,,,-
.
.
.
Findings and Conclusions in Support of Denial of Petersen Short Plat SHP 02-02 Appeal
Findings:
1. The City of Port Angeles approved the preliminary short plat SHP 02-02 with seven
conditions on April 4, 2002.
2. Steve and Madonna Petersen appealed SHP 02-02 preliminary short plat conditions of
approval on May 29, 2002.
3. The City's Comprehensive Plan, PAMC Chapter 16.04, and the City's Urban Services
Standards and Guidelines have been reviewed regarding SHP 02-02.
4. The subject property is located at the southwest comer of W. 16th Street and Evans Place in
a Residential Medium Density (RMD) Zone.
5. The properties to the east, south, and west are zoned RMD, and the property to the north is
zoned Residential Trailer Park (R TP).
6. The streets abutting the subject property require dedication of rights-of-way as a requirement
for short plats per Port Angeles Municipal Code Section 16.04.070) and are either unopened
or have minimal improvement.
7. W. 16th Street and Evans Place have some improved right-of-way west, north, and south of
the subject property.
8. 16th Street is not fully improved east of N Street, but it does have a bituminous surface
treatment (BST) driving surface to Owen Avenue.
9. Connection to the sewer system is required by PAMC Sections 18.08.060 and 13.61.070.
Conclusions:
1. The Port Angeles Municipal Code (PAMC) Chapter 16.04, the City's Urban Services
Standards & Guidelines, and the Port Angeles Comprehensive Plan require certain street and
utility improvements for land divisions.
2. The conditions of approval for SHP 02-02 are consistent with the City's short plat
requirements for street and utility improvements necessary to meet the City's urban services
standards and the Comprehensive Plan concurrency requirements, particularly Utilities and
Public Services Element Policy C(2), Goal D and Policies D(1), D(9), D(II), and Goal E and
Capital Facilities Element Policies A(I), A(2), A(9).
3. The City's minimum urban services standards establish the precedent for the level of
improvements that are necessary to achieve the desired urban design of the City and to
overcome inadequate urban services previously made for existing development in the City.
4. Curb and gutter should only be required for short plats when the adjacent roadway is fully
improved with curb and gutter per PAMC Section 16.04.140.
5. The short plat does not meet the circumstances under P AMC Section 13.61.090 which allows
septic systems, and there is sufficient grade for the sewer to be extended from the nearest
manhole at 15th Street and Owen Avenue to the subject property and still meet minimum
standards.
Adopted by the Port Angeles City Council at its meeting of July 16, 2002.
Glenn Wiggins, Mayor
Becky J. Upton, City Clerk
67{
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68
Steven and Madonna Petersen
Short Plat SHP 02-02
Development Costs
This estimate IS based on proposed improvements which are consistent
with the existing area
Water line Installation
To include 340 lineal feet of 6" C900 water line
with one fire hydrant, one 2" blow off and three 3/4" services
City Water Permit Fee
Bacteria Test
Inspection Fee (4 hours)
Dry Utilities Installation (Includes Electric and Telephone)
Electical Permit
New Right of Way Improvements
Permit
Sub Grade and Rock
Right of Way Clearing and Grading
Survey Costs Including plot maps and staking
Total Development Costs
Fair Market Value of Three, 3/4 acre parcels
$9,251.00
640.00
100.00
180.00
6,000.00
300.00
4500
6,600 00
3,060.00
6,000.00
$32,176.00
$75,000.00
This estimate is based on the Preliminary Short Plat Decision as prepared
by the City of Port Angeles Planning Department on March 19, 2002 and
includes changes for road as suggested at city Council meeting
Sewer Installation
To include 942 lineal feet of 8" sewer line with
three 2" stubs at property line, 3 manholes
Engineering costs and staking
City Sewer Permit Fee
Water line Installation
To Include 340 lineal feet of 6" C900 water line with
one fire hydrant, one 2" blow off and three 3/4" services
City Water Permit Fee
Bacteria Test
Inspection Fee (4 hours)
Dry Utilities Installation (Includes Electric and Telephone)
Electical Permit
New Right of Way Improvements
Permit
Sub Grade and Rock
Paving
Right of Way Clearing and Grading
Survey Costs including plot maps and staking
Total Development Costs
Fair Market Value of Three, 3/4 acre parcels
$30,397.00
2,00000
4500
9,251 00
640.00
100 00
180.00
6,000.00
300.00
45.00
6,600.00
27,240.00
3,060.00
6,000.00
$91,858 00
$75,000.00
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~ORTANGELES
PUBLIC WORKS & UTiliTIES DEPARTMENT
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WAS H I N G TON, U. S. A.
DATE: June 27,2002
CITY OF PORT ANGElES
COMMUNITY DEVElOPMENT
To: BRAD COLLINS, COMMUNITY DEVELOPMENT DIRECTOR
FROM: GARY W. KENWORTHY, P.R., DEPUTY DIRECTOR OF ENGINEERlNG/Cl1Y ~
SUBJECT: PETERSON PRELIMINARY SHORT PLAT SHP 02-02 APPEAL
We have reviewed the conditions that have been appealed on the basis as being unreasonable and
excessive and determined that we can support revising condition 3a which required that the newly
dedicated 16th Street right of way must be improved with curb, gutter and paving. Curb and gutter
should only be required for short plats when the adjacent roadway is fully improved with curb and
gutter. 16th Street has a gravel surface between Owens and Evans. The short plat regulations (P AMC
16.04.140; E,I) require providing a minimum ofa 20-foot wide asphaltic concrete street with one 3-
foot wide gravel shoulder and one 6- foot wide gravel shoulder from the nearest fully improved City
street. 16th Street is not fully improved east ofN, but it does have a bituminous surface treatment
(BST) driving surface to Owens Street which is scheduled to be chip sealed this summer. We
recommend that condition 3a be revised to only require the above noted 20-foot wide asphaltic
concrete street with one 3-foot wide shoulder and one 6-foot wide shoulder east from Owens Street to
the eastern boundary of the plat at Evans Place.
In regards to the sewer extension condition 3b, we do not recommend revision. Connection to the
sewer system is required by PAMC 18.08.060 and 13.61.070. The short plat does not meet the
circumstances under P AMC 13.61.090 which allows septic systems. There is sufficient grade for the
sewer to be extended from the nearest manhole at 15th and Owens to the property and still meet
minimum standards. In regards to costs of the extension, the developer can potentially recover a
portion the cost of the sewer extension via a developer reimbursement agreement (DRA). In using the
DRA the developer covers the cost of the sewer improvements and recovers his costs, plus interest, as
others connect to the sewer over a period of up to 15 years. We can provide additional information
and assist in setting up the DRA if this is pursued.
In regards to the right of way dedication condition 3c, we also do not recommend revision. This is a
normal requirement for short plats (P AMC 16.04.070; A) and p:r:ovides for meeting standard right of
way widths and also provides for future street extensions as the-area develops.
To avoid confusion in the future regarding road, sewer, and other utility requirements we recommend
that the P AMC be reviewed and revised by the Community Development Department, with our
assistance, in regards to Section13 (public Utilities) and Section 16 (Subdivisions) and their
conformance with Section 18 (Growth Management).
N'\PWKS\ENGINEER\PLNCRSP\Shp02_02appeal wpd
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Steve and Madonna Petersen
- .P~O:Box.164
Carlsborg, Wa 98324
Phone 683-2956
May 29, 2002
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CfJY or PORT ANGELES
toMMUNIJY DEVELOPMENT
Honorable Mayor Wiggins and Counsel Persons;
Re: Preliminary Short Plat Decision - Petersen
Our proposal to short plat a 2.77 acre parcel described as the North ~ of sub Lot 105, is
consistent with the immediate surrounding area. Currently there are no street
improvements on 16th. Street from N to Evans Streets, on Owens, or Evans Streets.
The area is comprised of a residential trailer park and single-family homes. The trailer
park and homes are currently serviced by septic systems.
The short plat decisions prepared by the City Planning and Public Works Departments
are not consistent with the area, and will significantly increase the cost to develop this
parcel, thereby making development cost prohibitive.
We are appealing the following conditions as unreasonable and excessive.
3a) Newly dedicated 16th Street right of way must be improved with curb, gutter
and paving.
There are currently no street improvements on 16th From N to Evans Streets, on
Owens, or Evans Streets. It is unreasonable to improve just 342 ft. on one half of
16th Street, with improvements that do not tie into anything.
3b) Connection to the sanitary sewer at 15th. And Owen.
When our application to short plat this parcel was submitted to the City Planning
Department, the city determined that we would not be subject to sewer installation
because our parcel was not within 200 ft. of the existing sewer main, and the cost
to install the sewer exceeded 200% of the cost to install septic systems. It was
further recommended that during the city application review process, we have soil
tests taken and septic designs completed, with the assistance of Clallam County
Health Department. We proceeded as recommended by the city, to test soils, and
design of septic systems, which has been completed and approved by the soils
engineer and ready to submit to Clallam County.
71
The cost to extend the sewer system including new manholes, connection fees
and restoration of the existing road far exceeds the current value of this parcel. .
This condition is unreasonable and mechanically impossible. The elevation of the
existing sewer main, and the elevation at the end of the new sewer line does not
allow for sufficient fall. There is only 3.66 feet of elevation for the 890 lineal feet
of new sewer line, or .004112 offall per foot. In addition the elevation of the
proposed lots will have a negative effect on the sewer system because of a 2-3%
slope away from the sewer main.
3f) Dedicate 35 ft. along the Evans Street frontage of the entire 317.5 foot of the
east side of the parcel for right of way.
The easterly portion of this parcel includes wetlands that extend from a 3.2 acre
wetland area on the immediately adjacent parceL Condition #6 requires that we
delineate the wetland area on our property, and that no earth disturbing activity
occur within 50 foot of the area. Proposing a future right of way directly through
the wetlands is unrealistic and is not consistent with the City's wetland
preservation policy.
In addition dedicating the 35 feet restricts the parcel width to 76.5 feet, a mere 1.5
feet over the minimum required lot width. Not only would the parcels be
esthetically unappealing, it would limit the design of home that could be built on
them.
To summarize our position, requiring street and sewer improvements in an area where .
there are none, leads one to assume that we are being singled-out with such unreasonable
and excessive demands to merely develop a parcel of land to the same standards afforded
others in the immediate area. The cost to make the recommended improvements is
approximately $70,000.00, almost 200% of the current assessed value of this parcel.
Therefore we are requesting an exemption for the sewer extension, curb, gutter and
paving improvements, and dedication of the 35 feet of the easterly portion of this parcel
for future right of way.
Thank you in advance for your time.
Sincerely, D
S1<~,,- "J.. I ~"- s... ~
Steve Petersen 'I
'-J)/iUJiJ&L tltzw;~
Madonna Petersen
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 17,2002
To:
MAYOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director ~
Petersen Preliminary Short Plat SHP 02-02 Appeal
FROM:
SUBJECT:
Summary: A preliminary short plat of property owned by Steve and Madonna Petersen was
approved on April 4, 2002. The approval of SHP 02-02 required seven (7) conditions for final
short plat approval. Although the Petersens failed to make a timely appeal of the preliminary
short plat approval, because of irregularities between the City and the state laws regarding the
short plat review process, the City determined that an appeal should be heard by the City Council.
The Petersens are appealing conditions which they feel are unreasonable and excessive.
Recommendation: The Department of Community Development recommends that the City
Council deny the appeal of the preliminary short plat approval of Petersen SHP 02-02, citing the 7
findings and 3 conclusions attached to the staff report.
Background / Analysis:
Steve and Madonna Peterson own a parcel of property at the southwest comer of W. 16th
Street and Evan Street. The property is not improved except for portions ofW. 16th Street. Evans
Street is not open adjacent to the subject property. The area is zoned Residential Medium Density
(RMD), and there is a residential trailer park development north of the subject property across W. 16th
Street. The nearest electrical and sewer utilities are located north at the 15/16 alley and W. 15 Street
respectively. The properties to the west are developed as low density single family; to the east the
area is undeveloped; and to the south there is low density residential development with some vacant
property as well.
The Petersens believe that the short plat requirements are not consistent with the relatively
undeveloped character of the surrounding area and that the conditions make the street and utility
improvements cost prohibitive for their development. Development of the residential trailer park took
place many years ago and apparently was done on septic systems.
The City's short plat requirements now require sewer system improvements, and septic
systems are no longer allowed for either "long plat" subdivisions or short plats. There is no discretion
for the City to waive the subdivision requirements. During the Petersens' short plat review process,
they apparently were told by City staff that they could use septic systems and paid for septic system
design. The Petersens have been informed about the City's claim process by which they could make
a claim to be reimbursed for costs they may have incurred relying on erroneous advice from City
75
CC Memo -- Petersen Short F Appeal
June 17, 2002
Page 2
employees. However, such a claim is not a basis for waiving short plat requirements or necessary
improvements for the Petersens' development. Therefore, there is no basis or precedent for approval
of the Petersens' short plat appeal.
Staff will be available to answer questions.
Attachments: Findings and Conclusions
Petersen Short Plat SHP02-02 Appeal Letter
Petersen Short Plat Site Plan
Parcel Map of the Area
76
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CC Memo -- Petersen Short F:Appeal
June 17, 2002
Page 3
Denial of Petersen Short Plat SHP 02-02 Appeal
Findin~s:
1. The City of Port Angeles approved the preliminary short plat SHP 02-02 with seven
conditions on April 4, 2002.
2. Steve and Madonna Petersen appealed SHP 02-02 preliminary short plat conditions of
approval on May 29,2002.
3. The City's Comprehensive Plan, PAMC Chapter 16.04, and the City's Urban Services
Standards and Guidelines have been reviewed regarding SHP 02-02.
4. The subject property is located at the southwest comer of W. 16th and EvanSStreets in a
Residential Medium Density (RMD) Zone.
5. The properties to the east, south, and west are zoned RMD, and the property to the north is
zoned Residential Trailer Park (RTP).
6. The streets abutting the subject property are either unopened or have minimal improvement.
7.
W. 16th and Evan Streets have some improved right-of-way west, north, and south of the
subj ect property.
Conclusions:
1. The Port Angeles Municipal Code (PAM C) Chapter 16.04, the City's Urban Services
Standards & Guidelines, and the Port Angeles Comprehensive Plan require certain street and
utility improvements for land divisions.
2. The conditions of approval for SHP 02-02 are consistent with the City's short plat
requirements for street and utility improvements necessary to meet the City's urban services
standards and the Comprehensive Plan concurrency requirements, particularly Utilities and
Public Services Element Policy C(2), Goal D and Policies D(I), D(9), D(II), and Goal E and
Capital Facilities Element Policies A(1), A(2), A(9).
3. The City's minimum urban services standards establish the precedent for the level of
improvements that are necessary to achieve the desired urban design of the City and to
overcome inadequate urban services previously made for existing development in the City.
77
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78
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TO:
FROM:
DATE:
FORTANGELES
WAS H I N G TON, U. S. A.
PRELIMINARY SHORT PLAT DECISION
Brad Collins
Scott K. Johns, Associate PI~
March 19,2002
RE:
OWNER:
PRELIMINARY SHORT PLAT DECISION - Petersen
2004 through 2018 W. 16th
Same
PROPOSAL: Replat the parcel described as; The North ~ of Sub Lot 105, except the west 228 feet,
Townsite of Port Angeles, into four residential Lots.
DECISION: The preliminary short plat is hereby approved with the conditions, findings, and
conclusions shown as Attachment A to this report.
ANALYSIS:
The applicant has requested the short plat of approximately 108,585 square feet of
property into four new building sites. The new lot will each be 27,146.25 square feet in area, 85.5
feet by 317.5 feet, and front on 16th Street. Although the property is zoned RMD, it is proposed for
single family development like RS-9 which has a 75 foot minimum lot width. Dedication of35 feet
for the western half of Evans Street would leave more than 75 feet of lot width for the 4 lots.
The properties are zoned RMD, Residential Medium Density. The site is currently
undeveloped and forested with mature second growth Douglas-fir, cedar and Alder trees with a
typical understory of salal, ferns, seafoam, and elderberry plants. There is a natural drainage/swale
on the southern portion of the subject site and angling northeast to a delineated wetland east of the
extension of Evans Street.
The surrounding areas to the south, east and west are zoned Residential Medium
Density and the area to the north is zoned Residential Trailer Park. The areas to the south and
east are currently undeveloped. The areas to the north and west are developed primarily with
single family uses.
.DEPARTMENT COMMENTS:
" The Public Works and Utilities Department noted that the applicant must dedicate 35 feet for
right-of-way on 16th Street fronting the north side of the parcel. The south one half plus 10 feet
of the Sixteenth Street dedicated right-of-way must be improved with curb, gutter and paving.
A connection to the sanitary sewer at 15th and Owen will require engineering. The 6" water main
79
Preliminary Short Plat. SlIP 02-02
Petersen
March 19,2002
Page 2
must be extended along 16th to Evans Avenue where a fire hydrant must be installed. Electrical
primary power line must be extended from the 15/16 alley on Evans Avenue to the site. The work
will require a Clearing and Grading Permit. Further discussion identified the need for the .
dedication of35 feet for the right-of-way on Evans Street. A no-protest LID agreement in lieu of
improvements to Evans Street would be acceptable to the City at this time.
The Fire Department has no objections but noted that all single family residences within a new
subdivision outside of the four minute response time shall be equipped with a residential sprinkler
system that is installed and maintained in accordance with the Uniform fire Code.
State Environmental Policy Act (SEP A): Short subdivisions are specifically exempt from
SEPA under RCW 197-11-800(6)(a) for lands not covered by water. This action satisfies the
City's response under the State's Environmental Policy Act.
.
.
80
Prelimmary Short Plat - SHP 02-02
Petersen
.
March 19, 2002
Page 3
ATTACHMENT A
Conditions, Findings, and Conclusions for Preliminary Approval of SHP 02- 02
Conditions:
1. The fmal plat shall be entitled "SHP 02-02".
2. The final plat shall identify the addresses of the four new lots as; 2018 W. 16th (Lot 1),
2014 W. 16th (Lot 2),2010 W. 16th (Lot 3) and 2004 W. 16th Street.
3. Sewer, water, and power connections will be per Public Works and Utilities Department
requirements and shall include:
A.
B.
C.
D.
E.
. F.
G.
Dedicate 35 feet along 16th Street frontage of the entire 342 foot north side of the
parcel for right-of-way.
Newly dedicated Sixteenth Street right-of-way must be improved with curb, gutter
and paving of the south ~ plus 10 feet.
Connection to the sanitary sewer at 15th and Owen. (Will require engineered design)
Extend the 6" water main along 16th to Evans Avenue and install a fire hydrant, per
Fire Department specifications.
Extend primary electrical power line from the 15/16 alley on Evans Avenue, per
Public Works and Utilities Specifications.
Dedicate 35 feet along the Evans Street frontage of the entire 317.5 foot east side
of the parcel for right-of-way.
A no-protest Local Improvement District agreement for future street and utility
improvements in Evans Street may be accepted by the City in lieu of required
street improvements at this time.
4. A Clearing and Grading Permit review will be required.
5. Building footprints must be shown on the final Plat.
6. A wetland Delineation shall be done for the subject site. No structure or earth disturbing
activity may occur within 50 feet of the delineated wetland located near the east side of the
subject site. An Environmentally Sensitive Area review will be required for subsequent
clearing or development on the property containing a wetland or wetland buffer.
7. Stormwater drainage issues will be addressed during the building permit process.
Findings:
1.
.
A preliminary short plat was submitted by Steve and Madonna Petersen proposing to
reorganize 108,585 square feet of property into four new lots. The preliminary short plat
application was submitted on February 15, 2002.
2. The subject property is identified as the north ~ of Sub Lot 105, except the west 228 feet,
Townsite of Port Angeles. The p8~ is zoned RMD, Residential Medium Density.
Preliminary Short Plat - SHP 02-02
Petersen
March 19, 2002
Page 4
3.
The RMD, Residential Medium Density zone requires a minimum of 7,000 square feet of
area per lot. The new lots will each have 27,146.25 square feet in area.
.
4. Section 16.04.100 PAMC and 58.17.110(2) RCW require the Director of Community
Development to determine that appropriate provisions for public health, safety and general
welfare, open spaces, drainage ways, streets, roads, alleys and other public ways, transit
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools,
and all other relevant facts, including sidewalks and other planning features that assure
safe walking conditions for students who walk to and from schools have been considered
in the proposal.
,
5. Neither 16th,).Hth, Evans, or Owens Streets are either an arterial or a school walking route.
6. A 3.2 acre wetland is located on the parcel located immediately adjacent to the subject site
on the east and extends onto the subject parcel. The wetland is identified as Wetland # 3
in the City of Port Angeles Wetland Inventory, prepared be Sheldon and Associates on
May 10, 1995. A fifty foot buffer is required along the margins of the wetland.
7. A natural swale drainage is located on the souther portion of the si te and connected to the
delineated wetland east of the site.
8.
Comments from the Port Angeles Public Works and Utilities and Fire Departments have
been considered in this decision and addressed in the conditions of preliminary approval
.
9. The proposal has been reviewed with respect to the goals and policies of the City's
Comprehensive Plan and Land Use Map. The Plan requires concurrency for streets, water
service, sanitary sewer service and electrical service (Capital Facilities Element), and
compliance with Land Use Policy A.l and A.2 and Land Use Map, Land Use Policy E.3,
Transportation Policy A.2 and A.3, and Conservation Goal B and Policies Bl, 2, 5, 6, 7,
,8 10, 14, 16, and 19.
10. Section 16.04.130 of the Port Angeles Municipal Code provides that the applicant/or
property owner shall submit a final short plat to the Planning Department within five (5)
years of preliminary approval that is in compliance with the approved preliminary short
plat. Failure to submit a proposed revised fmal short plat within the five (5) years shall
terminate the preliminary short plat approval.
11. Prior to fmal short plat approval, the property must be surveyed and monumented in
accordance with Section 16.04.160 PAMC by a registered land surveyor. A title report
and information required by Section 16.04.160 PAMC shall be furnished with the final
plat.
12.
All current and delinquent taxes and assessments must be paid to the County Treasurer
prior to final short plat approval.
.
82
.
.
.
Preliminary Short Plat - SHP 02-02
Petersen
March 19,2002
Page 5
Conclusions :
A.
As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan,
Port Angeles Municipal Code, and the Washington State Subdivision Act, Chapter 58.17
RCW.
B. Approval of the proposed short plat provides for the public health, safety and general
welfare of the community and serves the public use and interest.
C. As conditioned, City services and facilities are available and will be improved to City
Urban Service Ordinance standards.
D. The proposed short plat will result in the creation of 4 new residential building sites that
meet the area and dimensional criteria of the RMD zone.
E. Evans Street right-of-way is needed to serve either medium density residential development
~n the area or further subdivision of the subject large lots.
F. Improvements to Evans Street frontage is not needed at this time to serve either
development of the existing site as a four lot subdivision with each lot fronting and having
access to 16th Street or to serve existing development on surrounding properties or in the
vicinity.
G.
The large lots may be developed at RS-9 standards and replatted with frontage and access
to Evans Street.
~~.:-.,
Brad oHms, DIrector
Community Development Division
4-Jlf/D2--
J ,
Date
83
.
.
.
84
.
pORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
June 3, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
Dan McKeen, Fire Chief O~ -
FROM:
SUBJECT:
Harbor Boat Operation and Temporary Use Agreement Between City of Port
Angeles and Arrow Launch Service, Inc.
Summary:
The Fire Department recently negotiated an agreement with Arrow Launch Services, Inc., (Arrow)
to allow the use of its vessels for access into the Port Angeles harbor. This access will provide the
Fire Department with timely capabilities for investigations and rescue, with minor fire suppression
capabilities being explored through the possible acquisition of a portable fire pump.
.
As part of this agreement, Arrow agrees to provide annual training for Fire Department personnel
without cost to the City. Only those emergency responses requested by the Fire Department would
be billed at an hourly rate as established in Arrow's tariff.
Recommendation: Authorize the Mayor to sign the agreement with Arrow Launch Services, Inc.,
to allow the temporary use of its vessels for access into the harbor.
Background / Analysis: The City is responsible for providing fire department services within the
area inside its city limits. This area includes not only 13.8 square miles ofland surface, but also 3.8
square miles of water surface within the inner harbor.
In1982, the Fire Department purchased a 30 foot aluminum utility boat in an effort to extend services
into the Port Angeles harbor. This utility boat was provided with a 300 gpm portable fire pump and
related fire fighting equipment. The utility boat dubbed "the Chub" provided the Fire Department
with access into the harbor for:
· Minor fire suppression, and
· Investigations, and
· Rescue
.
85
City Council
Page 2
June 3, 2002
.
In 1986, the 30 foot aluminum utility boat was replaced with a 19 foot fibreglass boat due to
corrosion problems with the rivets used in the construction of the aluminum boat. In 1991, this
second "Chub" was decommissioned due to its age, increasing unreliability, and prohibitive
maintenance costs. Also cited was the high number of personnel hours needed for routine
maintenance and continued driver/operator training.
Since 1991, the Fire Department has not had a boat, relying on the U. S. Coast Guard for harbor
related emergencies. While the local Coast Guard station houses a 41 foot aviation training vessel
capable of harbor response, the vessel is not manned 24 hours a day/7 days a week. After hours, on
holidays or during Coast Guard training, the vessel would be unavailable for timely emergency
response requiring the Fire Department to use an alternative vessel for harbor access.
Recently the Fire Department negotiated an agreement with Arrow Launch Services, Inc., (Arrow)
to allow the temporary use of its vessels for access to the harbor. Arrow is available 24 hours a
day/7days a week, providing the Fire Department with a reasonable response time. In addition,
Arrow is capable of safely operating at night and during severe weather conditions, unlike the Chub
which was limited to a day time response in moderate weather conditions. Arrow's reliable 24-hour
access to the harbor will provide the Fire Department with timely capabilities for investigations and
rescue, with minor fire suppression capabilities being explored through the possible acquisition of .
a portable fire pump.
As part of this agreement, Arrow agrees to provide annual vessel safety and operations training for
Fire Department personnel without cost to the City. If an Arrow vessel is used for a waterborne
response by the Fire Department, the City would pay an hourly rate not to exceed the rates charged
in Arrow's tariff as approved by the Washington Utilities and Transportation Commission. Expenses
associated with a waterborne response by the Fire Department will often be eligible for
reimbursement.
This agreement is an excellent example of a public/private partnership that has the potential to save
lives and property without adding significant costs to the department's budget. Attached is a copy
ofthe harbor operation and temporary use agreement. The agreement has been reviewed by the City
Attorney and approved by the principle owner of Arrow Launch Services, Inc.
DM/cw
Attachment
.
86
.
.
.
HARBOR BOAT OPERATION AND TEMPORARY USE AGREEMENT
BETWEEEN
CITY OF PORT ANGELES
AND
ARROW LAUNCH SERVICE, INC.
This Agreement is entered into this day of May, 2002,
between the City of Port Angeles (hereinafter "City") and Arrow Launch Service, Inc.
(hereinafter "Arrow").
A. Purpose and Intent
1. The purpose of this Agreement is to provide waterborne response by Fire
Department personnel within areas of the Port Angeles harbor.
2. Arrow owns and maintains vessels within the Port Angeles harbor. It is
the intent of this Agreement that Arrow allow the City access to its
vessels, when available, for emergency response within the Port Angeles
harbor.
B.
Fees
The City agrees to pay Arrow an hourly rate for the use if its vessels not to
exceed the rates charged in Arrow's tariff as approved by the Washington
Utilities and Transportation Commission, attached hereto as Exhibit A.
Arrow's current equipment list shall be provided to the City upon request.
C.
Training
In order to assure the effectiveness of, and vessel safety during, waterborne
operations, a joint training exercise between the City and Arrow will be
planned and conducted at least annually. This training shall involve each of
the Fire Department's three shifts, and shall include familiarization with the
applicable vessels, waterborne fire department operations, and waterborne
personnel safety. Arrow agrees to participate in this training without cost to
the City, provided that the training exercise shall have no impact on Arrow's
operations.
D. Control of the Vessel
During fire crew training and any emergency response, control of any vessel
shall be entirely under the supervision of Arrow's captain.
87
.
E. Hold Harmless
1. The City shall defend, indemnify, and hold harmless Arrow employees
and agents from any and all injury, damage, or loss to Arrow or to its real
or personal property, as well as from any and all claims or suits that may
arise out of, or be incident to, any actual or alleged negligence, intentional
act or breech of duty by City and/or its employees in performing
hereunder.
2. Arrow shall defend, indemnify and hold harmless the City, its officials,
including elected officials, and employees from any and all injury,
damage, or loss to the City or its real or personal property, as well as from
any and all claims or suits that may arise out of, or be incident to, any
actual or alleged negligence, intentional act or breach of duty by Arrow,
its employees or agents in performing hereunder.
F. Insurance
Each party agrees to maintain adequate general liability insurance coverage
for its own equipment and personnel. Limits of such coverage shall be no less
than $1 million combined single limit per occurrence.
.
G. Modifications
This agreement may be modified only by the written mutual agreement of the
parties at any time during this Agreement's term
H. Duration
The duration of this Agreement shall be for one year. However, the
Agreement shall be automatically renewed from year to year unless
terminated as provided below.
I. Termination
Either party can terminate this agreement by providing a letter of intent to
terminate this not less than 30 days prior to the termination date. Notice to the
City shall be sent to the attention of the Fire Chief, 102 E. 5th Street, Port
.
88
.
.
.
Angeles, W A 98362, and notice to Arrow shall be sent to the attention of
Jack L.Harrnon., Jr., President, Arrow Launch Service, Inc., P.O. Box 2376,
Port Angeles, W A 98362.
City of Port Angeles
By:
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
89
By:
unch Service, fnlt-
- Ptl.E5IDcrt,,,r
ATTE
Becky 1. Upton, City Clerk
j
(360) 4$7-1544
FAX (360) 457-1552
.
SIXTH REVISED PAGE 1
NO. B-97
TARIFF RATES
SHIP LAUNCH & FREIGHT SERVICE
BETWEEN
VARIOUS MAINLAND PORTS
AND THE
FOLLOWING SPECIFIED ANCHORAGE ZONES
SECOND REVISED SCHEDULE NO. 6
FROM
PER HOUR
WASHINGTON ST. PIER (SEATTLE) TO MANCHESTER.............$150.00
WASHINGTON ST. PIER (SEATTLE) TO SEATTLE.......... ...... 150.00
TACOMA TO TACOMA.................. . . . . . . . . . . . . . . . . . . . . .. 150.00
CITY DOCK (OLYMPIA) TO OLyMPIA.......................... 150.00
CITY DOCK (WILLAPA) TO WILLAPA BAy.............. ........ 150.00
CITY DOCK (GRAYS HARBOR) TO GRAYS HARBOR................ 150.00
CITY DOCK (EVERETT) TO EVERETT.......................... 150.00
FAIRHAVEN TERMINAL TO BELLINGHAM ANCHORAGE ZONE. ........ 150.00
SANDY POINT MARINA TO CHERRY PT.SANDY/PT.FERNDALE... .... 150.00
THE LANDING DOCK (PORT ANGELES) TO PORT ANGELES. ........ 150.00
CAP SANTE BOAT HAVEN (ANACORTES) TO ANACORTES... ........ 150.00
CAP SANTE BOAT HAVEN (ANACORTES) TO VENDOVI ISLAND...... 150.00
BELLINGHAM AND THE VENDOVI ISLAND ANCHORAGE ZONE........ 150.00
PORT ANGELES AND ANCHORAGE ZONES BOUNDED BY CRESCENT
BAY TO THE WEST AND DUNGENESS BAY TO THE EAST........ ... 150.00
FISHERMAN'S COVE AND SHIPS AT ANCHOR OFF CHERRY PT./
FERNDALE/SANDY PT.......................................
AN~CORTES AND SANDY POINT/CHERRY POINT/FERNDALE.........
ANACORTES AND THE BELLINGHAM ANCHORAGE ZONES.... ........
STANDBY TIME, AT DOCK...................................
DEADHEAD TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DECKHAND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
150.00
150.00
150.00
150.00
150.00
25.00
SERVICES OTHER THAN BOARDING LAUNCHES CONSISTING OF SHIPS' AGENTS
AND/OR U.S. CUSTOMS/IMMIGRATION AGENTS, OR PILOT LAUNCHES BETWEEN THE
HOURS OF 0001 TO 0700, WILL BE ASSESSED AT TIME AND A-HALF RATES.
HOLIDAY RATES: DOUBLE TIME (THANKSGIVING,
CHRISTMAS DAY, NEW YEARS DAY, PRESIDENTS' DAY,
FOURTH OF JULY, LABOR DAY & VETERANS DAY)
CHRISTMAS EVE DAY,
EASTER, MEMORIAL DAY,
P.p. BOX 2376
PORT ANGELES, WASHINGTON 98362
ISSUE DATE: November 24, 1999 EFFECTIVE DATE: December 24, 1999
ARROW LAUNCH SERVICE, INC. ~
1045306.1
!
EXHffiBIDT A
P.O. BOX 2376 PORT A9&S, WASHINGTON 98362
~ -l)
I
,~
"
r''-<"\ If' -,;(. ~
4..;_ ,l. _ 'j (, ~~
V ~,\f
~ ,) '~
, ,
, '
Port Angeles Fire Department
City Harbor Utility Boat (CHUB)
"~t.'~- . r
~~
.'\ q -/. l
.'.." ..::....,..,.../
Arrow Launch Vessel
.
.
.
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MAYOR WIGGINS AND CITY COUNCIL
FROM:
~-~
Brad Collins, Community Development Director i..' t __
SUBJECT:
Ennis Creek Estates Subdivision Preliminary Plat
Summary: The Real Estate Committee has completed its review of development issues
concerning the Ennis Creek Estates Subdivision and recommends that the City approve the
preliminary plat with only standard improvement requirements. This will allow the sale of the
property to move forward to a single purchaser, who can finalize the subdivision per standard
requirements, and provide direction regarding a permitted lot design, which has already been
given preliminary approval. Except street lighting, sidewalks, and some specialized
environmental protection anticipated in conditions/convenants/restrictions, most of the
improvements previously recommended will still be required.
Recommendation: The Planning Commission recommends that the City Council approve
the preliminary plat for the Ennis Creek Estates Subdivision, citing 9 conditions, 30 findings, and
11 conclusions. It should be noted that portions of Lots 1 and 3 are shown as being adjusted to
the adjoining properties to the east; however, these boundary line adjustments have not been
made at this point.
Background / Analysis:
The City of Port Angeles acquired the Ennis Creek Estates property through foreclosure due
to failed LID 211 assessment payments. To recover the bond funds and repay the bonds, which are
due in September 2003, the City has been trying to sell the property. Subdivision of the Ennis Creek
Estates property into a large lot preliminary plat is intended to facilitate the sale in time to make the
bond repayment deadline. Following preliminary plat approval, the City can decide whether to
market 29 of the 30 lots individually through final plat approval or continue to market the property
as a whole without final plat improvements. Estimates for final plat improvements have been
revised to include $50,000 in required sewer improvements and an additional $38,250 for drainage
improvements.
./I '~.'_ 1
r .;~
~,~:~:: ~J
1'''-
91
";j.:<-;
~ ~i~:~j- >-
_:~:::~:"i~
._ ;~i1~
'<,'!-< .~<,,"
:" ~,~~~f
CC Memo -- Ennis Creek Estates Subdivision
July 16, 2002
Page 2
Staff will be available to answer questions.
Attachments: Prehminary Plat Map for Ennis Creek Estates SubdivIsion (dated April 19, 2002, and labeled Alderwood Estates)
ConditIons, Fmdmgs, and ConclusIOns
Planning Commission May 8, 2002, Mmutes Excerpt
Staff Reports May 8 and 21, 2002, for Ennis Creek Estates SubdiVIsion Prehmmary Plat
Real Estate Committee Report May 7, 2002, on Enms Creek Estates SubdiVIsion
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CC Memo -- Ennis Creek Estates Subdivision
July 16, 2002
Page 3
ATTACHMENT A
ENNIS CREEK ESTATES PRELIMINARY PLAT Conditions. Findings. And Conclusions
Conditions:
1.
The final plat shall show the building front lot lines drawn where the lots equal or exceed
75 feet in width.
All necessary easements for access, drainage, and utilities shall be shown on the final
plat.
The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department of
Fish and Wildlife hydraulics permit application requirements.
One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to
the new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior
to final plat approval, and shall be installed prior to the issuance of any building permits.
The fire sprinkler system as required by the Fire Department shall be a condition of any
new residential building permit.
Electrical and telecommunication improvements shall be installed-per the Light Division
standards.
No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
Address numbers shall be identified and placed on the final plat as provided by the City.
Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall
be installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the
exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance
of any clearing and grading or building permits.
2.
3.
4.
5.
6.
7.
8.
9.
1.
Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements
for the approval of subdivisions.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land within the State of Washington. Section 58.17.110 requires a
city to inquire into the public use and interest proposed to be served by the establishment
of a subdivision. It shall determine if appropriate provisions are made for, but not limited
to, the public health, safety, and general welfare, for open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other
relevant facts including sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school and whether the public interest
will be served by the subdivision. A proposed subdivision shall not be approved unless
the city can make written findings that these provisions are made.
2.
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CC Memo -- Ennis Creek Estates Subdivision
July 16, 2002
Page 4
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine
the proposed plat, along with written recommendations of the City Departments, and shall
either approve or disapprove the submittal. A recommendation thereon shall be
forwarded to the City Council within a period of 90 days after a preliminary plat has been
submitted to the City Planning Department. The City Council shall either approve or
disapprove the proposed preliminary plat at a public meeting.
4. The preliminary plat subdivides the 32.4 acres of land into 30 residential lots (12.56
acres), 3 community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental
sensitive areas tracts (19.65 acres). The 30 residential building lots range in size from
9,887 to 65,657 square feet with most lots between 12, 000 to 22,000 square feet.
5. The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
6. The preliminary plat application includes a drawing dated received April 19, 2002,
prepared for the City of Port Angeles by Northwest Territories, Inc., provided in
Attachment A to the staff report, and used as the basis of the preliminary plat review.
The final plat will be entitled Ennis Creek Estates Subdivision.
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr.
between Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion
of Ennis Creek Ravine immediately south of US 101 and is legally described as Lots 1-3
and 5-8 of the Del Hur Survey as recorded in Volume 11 of surveys, page 44, in a portion
of Section 12, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The
19.65 acres in the two open space areas will be placed in two environmental
environmentally sensitive area (ESA) tracts per the City's Environmentally Sensitive
Areas Protection Ordinance. No public access is planned for these ESA tracts, although
future public access for educational/recreational purposes and/or a conservation easement
may be planned at a later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
10. Each lot has significant topographically features which constrain access and building
areas. Portions of the site and building lots are wooded.
11. The surrounding properties are developed with low density single family residential uses
to the south and one eight-plex condominium at the southwest comer of the site, with a
private golf course to the west, US 101 right-of-way to the north, and commercial uses,
Roosevelt Middle School, and very low density residential zoning border the subject
property on the east side of Ennis Creek Ravine. These land uses east of Ennis Creek and
the eastern portion of the subject property are not accessible due to the creek ravine and
largely unaffected by the subdivision on the western portion of the site. Similarly, the
northern portion of the subject property adjacent to US 101 does not impact the highway,
nor is it accessible to the residential lots in the subdivision.
12. The site is currently served by Del Guzzi Dr., which meets City street standards for a
local access street. The 'western portion of the site is accessed by Del Guzzi Dr., which
bisects the property in a north and south meandering direction. All 30 lots shown on the
April 16 preliminary plat drawing have access from Del Guzzi Dr. Transit service is
available along US 101 north of the site at Del Guzzi Dr.
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CC Memo -- -Ennis Creek Estates Subdivision
July 16, 2002
Page 5
13. The Washington State Department of Transportation (WSDOT) commented on the
previous Ennis Creek Estates Planned Residential Development (PRD) and required a
stop light at Del Guzzi Dr. and US 101 that was installed through Local Improvement
District 211. Nothing substantial has changed regarding the subject property since the
previous preliminary plat subdivisionIPRD was approved about ten years ago.
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice of the subdivision application was published on April 22, 2002, and posted
on the site and mailed to property owners within 300 feet of the proposed subdivision on
April 19, 2002. The Department of Community Development received three public
comment letters, which are provided in Attachment B to the staff report. The letters were
from Jim and Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the
Port Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan
policies are found to be most relevant to the proposal: Growth Management Element
Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policies B.I-B.4, Goal I, Policies
1.1-1.4, Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and
Public Services Element Policy D.l; Housing Element Goal A; Conservation Element
Goal A, Policies A.I-A.3, Goal B, Policies B.1-B.6, B.8, B.16, Objectives B.3-B.4;
Capital Facilities Element Goal A, Policies A.2, A.9-A.11, Goal B, Policies B.6-B.7,
Goal C, Policies C.3- C.4.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.I0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that
is compatible with the environment, the characteristics of the use and the users, and the
desired urban design of the City.
20. The western portion ofthe subject property is identified by the Port Angeles Zoning Map
as Single Family Residential (RS-9), which allows a density of up to 9 units per acre.
The proposed drawing indicates that each lot in the proposed subdivision will be at least
9,000 square feet in size and that the average size of the southernmost 29 lots is 16,602
square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map
as Public Buildings and Parks (PBP), which designates land that may be best left as
"greenbelt" open space where the property is not suitable for development by reason of its
topography, geology, or some unusual condition or situation.
22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks
along arterials but not on local access streets.
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CC Memo -- Ennis Creek Estates Subdivision
July 16,2002
Page 6
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #977) on May 8, 2002, satisfying the City's SEPA responsibility.
29. The Planning Commission conducted a public hearing on the Ennis Creek Estates
Subdivision preliminary plat on May 8, 2002.
30. On July 9, 2002, the City Council Real Estate Committee recommended that the City
proceed with standard subdivision requirements for preliminary plat approval but offer
the property for sale as a whole without making the improvements necessary for final plat
approval at this time.
Conclusions:
A.
The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services
Standards and Guidelines.
Because the City does not have any neighborhood parks or playfields in the vicinity and
the subdivision will have 30 new home sites, one or more of the community areas shown
on the preliminary plat should be designed as a children's play area similar to the new
play structure at Crown Park or the one at Milwaukee Heights Subdivision, both of which
the City Parks and Recreation maintain.
Due to wooded nature of the subject property, street trees are not needed.
The large lots proposed for the Ennis Creek Subdivision are necessary for several
reasons: I) the topographical and other access/building constraints on the site, 2) reduced
clearing and consequent reduced runoff approach to stream mitigation, 3) addressing
Comprehensive Plan land use and conservation element policies, 4) sensitivity to the
significant environmental features within the site, 5) design of utility and access through
the site, and 6) recovering unpaid LID 211 assessments.
Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended
to be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design ofthe City for the
RS-9 and PBP Zones. The subject site is not located in an area with a grid street system
and should be developed with low density housing units and curvilinear streets to achieve
the desired urban design of the City. If the subdivision is approved, the Comprehensive
Plan Land Use Map should be changed to Low Density Residential (LDR).
B.
C.
D.
E.
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CC Memo -- Ennis Creek Estates Subdivision
July 16, 2002
Page 7
G.
As conditioned, the preliminary plat is consistent with the Comprehensive Plan and
Zoning Code.
As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter
58.17 RCW.
As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that
assure safe walking conditions for students who only walk to and from school.
As conditioned, the public interest is served in the platting of this subdivision as
articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The
subdivision provides for development of new homes within the City of Port Angeles
consistent with the Growth Management Act and beneficial to the City's tax base. The
subdivision is intended to recover funds necessary for payment of LID 211 bonds due in
September 2003.
The City should try to sell the property as a whole before committing additional public
expenditures necessary for final plat approval.
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Planning Commission Minutes
May 8. 2002
Page 14
ENNIS CREEK ESTATES PRELIMINARY SUBDMSION - Del Guzzi Drive:
Proposal to subdivide approximately 32 acres into 30 residential single family building sites
in the RS-9, Residential Single Family zone.
.
Commissioner Norton revealed that he is a member of the Peninsula Golf Club but did not -believe
that the affiliation would influence his vote on the proposed subdivision. No one in the audience
objected.
Director Brad Collins reviewed the Planning Division's staff report recommending approval of the
preliminary subdivision and responded to questions from Commissioners with regard to the
requirement for residential sprinklers and that the subdivision will not be a gated community. Fire
Marshall Ken Dubuc said that residential dwellings will be required to provide residential sprinklers
because the site is outside of the City's four minute response radius. The previously approved
subdivision also required residential sprinklers.
Commissioner Rasmussen asked if the site had been evaluated with respect to its sensitive nature
west of the Ennis Creek ravine corridor. Director Collins stated that the subdivision lots do not
encroach into the Ennis Creek ravine corridor but are situated west of the corridor boundary. Sites
located east of Del Guzzi Drive are located in a geologic hazard area. Lots 7 through 16 and 30 will
require individual geologic hazard studies to be done prior to building permit issuance for residential
dwellings. Site covenants will prevent resubdivision with the exception of Lot 30, will prescribe .
home type, and will not allow duplexes or manufactured homes. Covenants, conditions, and
restrictions (CCRs) will be enforced by homeowners in the subdivision as well as by the City, but
the City will not be forming a homeowners association. Chair Schramm opened the public hearing.
Robbie Mantooth, 2238 East Lindberg Road, represented herself, her husband, and the Friends of
Ennis Creek group. She applauded Manager Quinn and Director Collins' efforts to create an
exceptional subdivision with much thought given to the sensitive nature of the location along Ennis
Creek. She suggested that a conservation easement be established for the 19.65 acre Ennis Creek
ravine corridor. If such an easement is in place, the area will be reserved in perpetuity from
development not previously negotiated and agreed upon by the property owner and therefore will
not be subject to changing politics. Grants are also available to the City from salmon recovery funds
if a conservation easement is in place. She asked that the Commission support the establishment of
a conservation easement and discouraged the development of trails in the area due to the steep slopes
of the ravine walls. She urged the City to work with the Washington State Department ofFish and
Wildlife in establishing covenants for use of the property.
In response to Commissioner Rasmussen, Mrs. Mantooth stated that properties that are placed in a
conservation easement remain under individual ownership but development rights are negotiated
which will remain with the property ownership in perpetuity.
Gary Colley, 3955 O'Brien Road is an attorney who works with the North Olympic Land Trust. He .
commended the City on its proposal to deal with development of the subject property such that
investment funds could be recovered in an innovative manner. The North Olympic Land Trust is
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Planning €ommission Minutes
May 8, 2002
Page 15
not an advocacy group but is a group that provides an opportunity for land owners to preserve some
unique quality or use of their property in perpetuity. He was present to offer assistance if the City
desires to place a conservation easement on a portion of the property along Ennis Creek.
In response to Commissioner Rasmussen, Mr. Colley explained the difference between a covenant
and a conservation easement.
Mr. Colley responded to Commissioner Norton that conservation easements, at least at the present
time, are intended to be in perpetuity and cannot be removed. Mr. Colley encouraged the City to
proceed with the subdivision. If desired, such an easement could be established at a later date.
Commissioner Rasmussen asked Mrs. Mantooth if she had any concerns about the proposed
subdivision. Mrs. Mantooth responded that covenants need to be drafted carefully.
Director Collins indicated that a number of stated concerns will be addressed through the final plat
covenants which will be drafted prior to final plat consideration. There being no further comments, '
Chair Schramm closed the public hearing.
It being 10:25 p.m., Commission members concurred to continue with the scheduled agenda items.
The Commission agreed that the proposal will provide a quality development 9f the property.
Commissioner Norton moved to approve the preliminary subdivision with the following
conditions, findings, and conclusions:
Conditions:
1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75
feet in width.
2. All necessary easements for access, drainage, and utilities shall be shown on the final plat.
3. The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department ofFish
and Wildlife hydraulics permit application requirements.
4. One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to the
new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final
plat approval, and shall be installed prior to the issuance of any building permits.
5.
The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit.
99:~
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Findings:
Planning CommissIon Minutes
May 8, 2002
Page 16
6.
Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards.
7. No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
8. Address numbers shall be identified and placed on the final plat as provided by the City.
9. Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall
be installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the
exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance of
any clearing and grading or building permits.
1. Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for
the approval of subdivisions.
2.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State of Washington. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment of a subdivision.
It shall determine if appropriate provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and schoolgrounds, and shall consider all other relevant facts including
sidewalks and other planning features that assure safe walking conditions for students who
only walk to and from school and whether the public interest will be served by the
subdivision. A proposed subdivision shall not be approved unless the city can make written
findings that these provisions are made.
3. Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be forwarded to the
City Council within a period of 90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4. The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56 acres),
3 community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental sensitive
areas tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657
square feet with most lots between 12,000 to 22,000 square feet.
5.
The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
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Planning Commission Minutes
May 8. 2002
Page J 7
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6.
The preliminary plat application includes a drawing dated received April 19, 2002, prepared
for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staff report, and used as the basis of the preliminary plat review. The final plat will be
entitled Ennis Creek Estates Subdivision.
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis
Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of
the Del Hur Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section
i2, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The 19.65
acres in the two open space areas will be placed in two environmental environmentally
sensitive area (ESA) tracts per the City's Environmentally Sensitive Areas Protection
Ordinance. No public access is planned for these ESA tracts, although future public access
for educationaVrecreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
10. Each lot has significant topographically features which constrain access and building areas.
Portions of the site and building lots are wooded.
11. The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private
golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt
Middle School, and very low density residential zoning border the subject property on the
east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern portion
of the subject property are not accessible due to the creek ravine and largely unaffected by
the subdivision on the western portion of the site. Similarly, the northern portion of the
subject property adjacent to US 101 does not impact the highway, nor is it accessible to the
residential lots in the subdivision.
12. The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. All 30 lots shown on the April 16
preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along
US 101 north of the site at Del Guzzi Dr.
13. The Washington State Department of Transportation (WSDOT) commented on the previous
Ennis Creek Estates Planned Residential Development (PRO) and required a stop light at Del
Guzzi Dr. and US 101 that was installed through Local Improvement District 211. Nothing
substantial has changed regarding the subject property since the previous preliminary plat
subdivisionIPRO was approved about ten years ago.
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Planning Commission Minutes
May 8. 2002
Page 18
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and .
Recreation, and Community Development Departments.
15. Public notice ofthe subdivision application was published on April 22, 2002, and posted on
the site and mailed to property owners within 300 feet of the proposed subdivision on April
19, 2002. The Department of Community Development received three public comment
letters, which are provided in Attachment B to the staff report. The letters were from Jim and
Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies
are found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A.2, Goal B, Policies B.I-B.4, Goal I, Policies 1.1-1.4, Objective
1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services
Element Policy D.1; Housing Element Goal A; Conservation Element Goal A, Policies A.l-
A.3, Goal B, Policies B.1-B.6, B.8, B.16, Objectives B.3-B.4; Capital Facilities Element
Goal A, Policies A.2, A.9-A.ll, Goal B, Policies B.6-B.7, Goal C, Policies C.3- CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
.
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fIre and
emergency medical response) (Capital Facilities Element Policy A.I0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design ofthe City.
20. The western portion of the subject property is identified by the Port Angeles Zoning Map as
Single Family Residential (RS-9), which allows a density of up to 9 units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size and that the average size of the southernmost 29 lots is 16,602 square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map as
Public Buildings and Parks (PBP), which designates land that may be best left as "greenbelt"
open space where the property is not suitable for development by reason of its topography,
geology, or some unusual condition or situation.
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22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks along
arterials but not on local access streets.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEP A) Official issued a Determination of
Nonsignificance (DNS #977) on May 8, 2002, satisfying the City's SEPA responsibility.
Conclusions:
A.
The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services Standards
and Guidelines.
C. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play structure
at Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks
and Recreation maintain.
D. Due to wooded nature of the subject property, street trees are not needed.
E.
The large lots proposed for the Ennis Creek Subdivision are necessary for several reasons:
1) the topographical and other access/building constraints on the site, 2) reduced clearing and
consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan
land use and conservation element policies, 4) sensitivity to the significant environmental
features within the site, 5) design of ~ti!ity and access through the site, and 6) recovering
unpaid LID 211 assessments.
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May 8, 2002
Page.20
F. Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended to
be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design of the City for the RS-
9 and PBP Zones. The subject site is not located in an area with a grid street system and
should be developed with low density housing units and curvilinear streets to achieve the
desired urban design of the City. If the subdivision is approved, the Comprehensive Plan
Land Use Map should be changed to Low Density Residential (LDR).
G. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning
Code.
H. As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State SubdivisionA6t, Chapter 58.17
RCW.
I. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
J. < As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
Growth Management Act and beneficial to the City's tax base. The subdivision is intended
to recover funds necessary for payment of LID 211 bonds due in September 2003.
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FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DA TE:
May 21,2002
To:
MA YOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director fc-
Ennis Creek Estates Subdivision Preliminary Plat
FROM:
SUBJECT:
Summary: The Ennis Creek Estates Subdivision consists of29 lots that average 16,600
square feet (9.887 to 22,874 sq ft) and 1 lot that is 65,657 square feet in size for a total of 12.56
acres, two environmentally sensitive area tracts with a total of 19.65 acres, three community
areas (.36 acre), and one detention pond (.19 acre). Approximately 90% of the street and utility
improvements have been completed and paid for through Local Improvement District 211 at a
cost of approximately $1.5 million. The preliminary plat map is shown in Attachment A.
Recommendation: The Planning Commission recommends that the City Council approve
the preliminary plat for the Ennis Creek Estates Subdivision, citing 9 conditions, 29 findings, and
10 conclusions. It should be noted that portions of Lots 1 and 3 are shown as being adjusted to
the adjoining properties to the east; however, these boundary line adjustments have not been
made at this point.
Background I Analysis:
The City of Port Angeles acquired the Ennis Creek Estates property through foreclosure due
to failed LID 211 assessment payments. To recover the bond funds and repay the bonds, which are
due in September 2003, the City has been trying to sell the property. Subdivision of the Ennis Creek
Estates property into a large lot preliminary plat is intended to facilitate the sale in time to make the
bond repayment deadline. Following preliminary plat approval, the City will decide whether to
market 29 of the 30 lots individually through final plat approval or continue to market the property
as a whole without final plat improvements. Final plat improvements are estimated to cost an
additional $186,000 (see the attached Real Estate Committee Report).
The subdivision has been designed to be a model plat that applies innovative techniques
consistent \Yith the Comprehensive Plan policies for environmentally sensitive areas and
technological advancements. Prior to final plat approval, the City will prepare covenants, conditions,
and restrictions that will reduce the impacts of storm water runoff by protecting existing vegetation,
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May 21,2002
Page 2
limiting impervious surface, and prohibiting the use of herbicides and pesticides; restrict uses to
single family residences constructed to Uniform Building Code standards; restrict access to the Ennis
Creek Ravine; and require geo-technical study for submittal of building permit applications.
Considerations also will be made to provide for telecommunication installations related to fiber
optics.
Staff will be available to answer questions.
Attachments: Preliminary Plat Map for Ennts Creek Estates SubdIVIsion (dated April 19, 2002, and labeled Alderwood Estates)
Conditions, Findings, and Conclusions
Planning Commission May 8, 2002, Minutes Excerpt
StatTReport May 8, 2002, for Ennis Creek Estates Subdivision Preliminary Plat
Real Estate Commltlee Report May 7, 2002, on EnniS Creek Estates Subdivision
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pORTANGELES
WAS H I N G TON, U. S. A.
TO: Chair Chuck Schramm and Planning Commission
FROM: Brad Collins, Community Development Director ~v
DA TE: May 8, 2002
SUBJECT: Ennis Creek Estates Subdivision Preliminary Plat
RE: Subdivision Preliminary Plat - CITY OF PORT ANGELES
APPLICANT: City of Port Angeles
. OWNER:
LOCATION:
PROPOSAL:
Same
Del Guzzi Dr. north of Lindberg Rd.
Development of a 32.4 acre site in the RS-9 Residential Single Family Zone
and PBP Public Buildings and Parks Zone into 30 residential lots (12.56
acres), 3 community areas (.36 acre), 1 detention pond (.19 acre), and 2
environmental sensitive areas tracts (19:65 acres)(Attachment A)
PROPERTY CHARACTERISTICS:
The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis Creek
Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of the Del Hur
Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section 12, Township 30
North, Range 6 West, WM. Ennis Creek Ravine is an environmentally sensitive area. Drainage
from Lindberg Rd. and Peninsula Golf Course comes through the site and enter into Ennis Creek
south of US 101. Each lot has significant topographically features which constrain access and
building areas. Portions of the site and building lots are wooded.
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 2
The preliminary plat would subdivide the 32.4 acres of land into 30 residential building lots,
ranging from 9,887 to 65,657 square feet with most lots between 12,000 to 22,000 square feet.
(See Attachment A for the preliminary plat.) The large lots are necessary for several reasons: 1) the
topographical and other access/building constraints on the site, 2) reduced clearing and consequent
reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan land use and
conservation element policies, 4) sensitivity to the significant environmental features within the site,
5) design of utility and access through the site, and 6) recovering unpaid LID 211 assessments.
In addition to the 30 residential building lots, which comprised 12.56 acres, the preliminary
plat has three community areas (.36 acre), one detention pond (.19 acre), and two environmental
sensitive areas tracts (19.65 acres). A second detention pond may be needed to satisfy Washington
Department ofFish and Wildlife hydraulic permit application requirements. The 19.65 acres in the
two open space areas will be placed in two environmental environmentally sensitive area (ESA)
tracts per the City's Environmentally Sensitive Areas Protection Ordinance. No public access is
planned for these ESA tracts, although future public access for educational/recreational purposes
and/or a conservati~n easement may be planned at a later date, consistent with the critical areas
protection requirements.
The subject property is zoned RS-9 Residential Single Family on the western portion and
PBP Public Buildings and Parks on the eastern portion. The Comprehensive Plan land use
designations for the site are similarly residential (albeit high density not low density) and open
space.
The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. Transit service is available along US 101 north
of the site at Del Guzzi Dr.
The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private golf .
course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt Middle
School, and very low density residential zoning border the subject property on the east side of Ennis
Creek Ravine. These land uses east of Ennis Creek and the eastern portion of the subject property
are not accessible due to the creek ravine and largely unaffected by the subdivision on the western
portion of the site. Similarly, the northern portion of the subject property adjacent to US 101 does
not impact the highway, nor is it accessible to the residential lots in the subdivision. The
Washington State Department of Transportation (WSDOT) commented on the previous Ennis Creek
Estates Planned Residential Development (PRD) and required a stop light at Del Guzzi Dr. and US
101 that was installed through Local Improvement District 211. Nothing substantial has changed
regarding the subject property since the previous preliminary plat subdivision/PRD was approved
about ten years ago.
DEPARTMENTAL REVIEW:
.
.
The Light Division will be installing electrical power and street lights along Del Guzzi Dr.
for the final plat improvements. The utilities previously installed through LID 211 in Del Guzzi Dr. .
are underground.
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
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The Fire Department will require all newly constructed residences within the subdivision to
have approved residential fire sprinkler systems. The fire hydrant locations installed through LID
211 were previously approved.
The Public Works Department commented that:
1. Storm drainage improvements per WDFW requirements will be installed for fmal
plat improvements.
2. All clearing and grading and/or building permits will be required to have an erosion
control plan approved by the City Engineer.
3. The utility and access easements shown on the preliminary plat will satisfy City
requirements.
4. All public improvements shall be in accordance with the City's Urban Services
Standards and Guidelines.
5. The preliminary plat subdivision lots have all been assigned street addresses on Del
Guzzi Dr.
PUBLIC COMMENT:
As a result of the published notice, posting, and required mailing to property owners within
300 feet of the proposed subdivision, the City received three letters. (See Attachment B.)
Jim and Robbie Mantooth, who own property bordering the southeastern boundaries of the
I subject site, commented on their interest in protecting Ennis Creek and asked the City to make sure
that the development creates as little deleterious impact on the stream as possible by excluding the
most sensitive riparian areas from being sold for homesites and by setting aside areas to collect
runoff. They encouraged coordination with WDFW habitat specialists to help ensure that lots, <
building sites, provisions for runoff, and conditions associated with the development maximize
protection of the watershed. The Mantooths urged the City to consider fencing the lots along the
east side of Del Guzzi Dr. from the sensitive area that is restricted from development by using a
7-foot fence not only to deter people going into the ravine but also to keep deer in the ravine. They
thought protections for Ennis Creek could make the homesites more desirable. Furthermore, they
opposed trails in the Ennis Creek Ravine as incompatible with fish habitat, because of the
exceptionally fragile soils which can be eroded into the stream, favored a conservation easement to
protect the environmentally sensitive area and to condition construction practices and materials such
as minimizing impervious surfaces by requiring grass-crete driveways, and suggested protections
through covenants as well on the properties outside the conservation easement.
Dick Goin, an experienced local fisherman, commented that he hopes the impacts from the
proposed development, such as increased runoff and ground water (both these precipitate land
slides), pollution from herbicides and pesticides, increased human interaction with the fishery,
increased garbage and trash thrown into the ravine, etc. will be minimized and/or mitigated.
Darlene Schanfald, a local environmental advocate, commented on her support for a
conservation easement along Ennis Creek and the development of a fence high enough to prevent
people from entering the protected area from their lots and to keep wildlife from getting to Del
Guzzi Dr. She also suggested that trails in the ravine (should they be developed) be constructed per
109
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
Page 4
WDFW assurance that the habitat would not be harmed, including erosion and clogging of
spawning gravels with sediments.
As proposed, the subdivision will establish an environmentally sensitive areas tract for the
Ennis Creek Ravine per the City's Critical Areas Protection Ordinance, will construct a 6-foot high
fence along the eastern property lines on the lots east of Del Guzzi Dr., will meet WDFW hydraulics
permit application requirements for stormwater drainage facilities including detention ponding, will
not develop any trails for public access into Ennis Creek Ravine, and will develop covenants,
conditions, and restrictions requiring best management practices for construction practices and
materials, reduction of runoff, and limitation of herbicide and pesticide use. The City's mandatory
solid waste program that includes free yard waste pick up/disposal and an annual free dump day
should provide the necessary sticks and carrots to discourage garbage and trash from being thrown
into the ravine by neighboring homeowners.
The City will work with the North Olympic Land Trust in consideration of a conservation
easement for the Ennis Creek Ravine environmentally sensitive area tract established through the
subdivision. However, a 7-foot high fence has not been planned, due to the setback requirements
from lot lines, the aesthetic issues in the sale of the lots, and the standard protection requirements
for ESA tracts discouraging public access and use of these areas. The City expects those choosing
home ownership of the lots that border on Ennis Creek Ravine and that have the maximum natural
setting value to be respectful of the environmentally sensitive areas tract. Violations such as trash
being thrown into the ravine are subject to enforcement.
COMPREHENSIVE PLAN:
The Comprehensive Plan establishes the long range goals and policies of the City. It is the
basis upon which City officials are to make land use decisions. Any project proposed in the City
must be consistent with the goals and policies of the Comprehensive Plan.
Map Designation
The Comprehensive Plan and Land Use Map identifies the western portion of the site as
High Density Residential (HDR) and the eastern portion of the site as Open Space (OS). Although
High Density Residential allows an overall residential density much higher than proposed, the site is
zoned RS-9, which allows less than 5 units per acre and is intended to be for the development of
single family homes. If the subdivision is approved, the Comprehensive Plan Land Use Map should
be changed to Low Density Residential (LDR). The site development proposal results in an overall
site development of approximately one unit per acre. Factoring out the environmentally sensitive
area tracts (19.65 acres), the residential areas have a density of one unit per .425 acre. The average
lot size of the 29 lots in the southern portion of the subdivision is slightly larger than 16,600 square
feet per lot (or larger than one third of an acre). The subject site is not located in an area with a grid
street system and should be developed with low density housing units and curvilinear streets to
achieve the desired urban design of the City.
.
.
Goals, Policies, and Objectives .
The following goals, policies and objectives have been identified as being the most relevant
to the proposed subdivision:
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ENNIS CREEK ESTATES Subdivision
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GROWTH MANAGEMENT ELEMENT
Goal A: To manage growth in a responsible manner that is beneficial to the community as a whole,
is sensitive to the rights and needs of individuals and is consistent with the State of Washington 's
Growth Management Act.
LAND USE ELEMENT
Residential
Goal A: To guide current and future development within the City in a manner that provides
certainty to its citizens about future land use and the flexibility necessary to meet the challenges and
, opportunities of the future.
Policy A.2: All land use decisions and approvals made by the City Counci~ and/or any of its
appointed Commissions, Boards or Committees should be consistent with the
Comprehensive Plan and its land use map.
.
Goal B: To have a community where residential development and use of the land are done in a
manner that is compatible with the environment, the characteristics of the use and the users, and the
desired urban design of the City.
Policy B.I: Urban services shall be available for all residential areas as required by the
Capital Facilities Element concurrency policy.
Policy B.2: Single family lots should be of reasonable shape and should have access
provided by an alley or by a local access street or a collector arterial.
Policy B.3: All residential developments should be designed with the provisions offire
protection and service vehicle access as key factors in the street design and circulation
pattern. For efficient circulation, rights-of-way should be obtained and improvements made
to further the grid street pattern of the City. Cul-de-sacs may be permitted when designed
as an integral part of the major grid street pattern of the City.
Policy B.4: All residential developments should be encouraged to preserve anr;J capitalize
on existing unusual, unique, and interesting natural features, should preserve and utilize
natural vegetation, should utilize and preserve scenic views, should maximize southern
exposures, should offer protection from prevailing winds, and should be designed to
minimize energy use.
The configuration of the proposed subdivision lots and street layout conform to the desired
. urban design of the City for the RS-9 and PBP Zones.
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Open Space
Goal I: To create open space relief within the urban landscape, to retain natural landscapes, to
preserve fish and wildlife habitat, and to provide natural corridors which connect wildlife habitats.
Policy 1.1: The City shouldfurther public interest by designating open spaces to preserve
unique or major physical features, such as marine shorelines, bluffs, ravines, streams,
wetlands, wildlife habitat and other environmentally sensitive areas deemed of significant
importance to the community.
Policy 1.2: The City shall limit the use of and access to such natural areas to only that which
does not degrade the significance of the area and which protects the rights of property
owners.
Policy 1.3: Wooded areas serve afunctional purpose in climate, noise, light, habitat, and
pollution control and should be preserved as part of the urban landscape.
Policy 1.4: The City shall discourage intensive recreational uses and impervious surfaces in
sensitive open space areas.
Objective 1.1: The City will develop a program of land banking, transfer of development
rights, or other innovative techniques which preserve open spaces.
.
The establishment of the environmentally sensitive areas tracts without planned access into
Ennis Creek Ravine and the development of innovative techniques in the conditions, covenants, and
restrictions to protect the open space/environmentally sensitive areas from increases in human
interaction, runoff and erosion, and pollutants will model desired restrictions for subdivisions in
conformance with Open Space and Conservation policies.
TRANSPORTATION ELEMENT
Goal A: To develop a coordinated, multi-modal transportation system which serves all areas of the
city and all types of users in a safe, economical, and efficient manner.
Policy A.3: The collector arterial streets and local access streets should serve primarily
local traffic with special emphasis on safety for pedestrian traffic.
Policy A.6: Planning for transportation services and facilities (including public streets,
bikeways, pedestrian walkways, and public and private air, marine and land transit
services andfacilities) shall be performed consistent with the goals and policies of the
Capital Facilities Element.
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UTILITIES AND PUBLIC SERVICES ELEMENT
Policy D.I: Urban services should be designedfor the maximum planned density and/or
land use intensity of a given area as designated on the Comprehensive Plan Land Use Map.
Del Guzzi Dr. construction and utilities installation through Local Improvement District
(LID) 211 already conform to City standards and the final plat requirements for subdivisions.
Although the subject property is shown as High Density Residential on the Comprehensive Plan
Land Use Map, the desired urban design of the City is better reflected in the RS-9 Zoning Map land
use designation.
HOUSING ELEMENT
Goal A: To improve the variety, quality, availability, and affordability ofhousing opportunities in
the City of Port Angeles.
The subject site not only exhibits unique physical features and natural amenities but also
represents a unique large lot neighborhood due to these same environmental constraints. As a
consequence, the subdivision lots may provide a high quality residential environment as well.
CONSERVATION ELEMENT
Goal A: To create and maintain a community with a high quality of life where the land is used in a
manner that is compatible with the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment.
Policy A.I: The City should require all development, including the location and design of
all structures and open space areas, to be compatible with the unique physical features and
natural amenities of the land and complement the environment in which it is placed, while
recognizing the rights of private ownership.
Policy A.2: The City should promote compatibility between the land and its use by
regulating the intensity of the land use.
Policy A.3: The City should adopt development criteria which promote the use of innovative
design techniques to provide for the use of the land in a manner compatible with any unique
physical features or valuable natural, historical, and/or cultural amenities.
Goal B: To protect and enhance the area's unique physical features, its natural, historical,
archaeological, and cultural amenities, and the overall environment.
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ENNIS CREEK ESTATES Subdivision
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Policy B.1: The City shouldfurther public interest by protecting and enhancing the area's
unique physical features, valuable natural, historical, archaeological, and cultural
amenities, and the overall environment, while recognizing the rights of private ownership.
.
Policy B.2: The City should maintain and preserve its unique physical features and natural
amenities, such as creeks, streams, lakes, ponds, wetlands, ravines, bluffs, shorelines, and
fish and wildlife habitats.
Policy B.3: The City should protect and enhance the characteristics of its unique residential
neighborhoods.
Policy B.4: Building density should decrease as natural constraints increase.
Policy B.5: The City shall establish minimum standards for development of properties which
contain or adjoin critical areas for the purpose of protecting such areas and enhancing their
natural functions.
Policy B.6: The City should regulate site design, preparation, and development to avoid or
minimize damage to wetlands and other environmentally sensitive areas.
Policy B.8: The City should preserve uniquely featured lands which still exist in their .
natural states and which are notable for their aesthetic, scenic, historic, or ecological
features and should prohibit any private or public development which would destroy such
qualities, while recognizing the rights of private ownership.
Policy B.16: The City should designate open space areas to preserve major or unique
physical features and/or serve as natural greenbelts and wildlife corridors.
Objective B.3: The City will identify and implement site specific requirements for individual
development proposals to mitigate any negative impacts created by the development,
particularly to an area identified as an environmentally sensitive area.
Objective B.4: The City will adopt and enforce regulations which require all new
development to provide adequate stormwater retention/detentionfacilities necessary to
protect water quality.
See staff analysis under Open Space policies.
CAPITAL FACILITIES ELEMENT
Goal A: To provide and maintain safe and financially feasible urban services and capital facilities .
at or above stated levels of service to all City residents and the general public.
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May 8, 2002
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Policy A.2: The City should, at a minimum, ensure the continuation of established level of
service standards for all urban utilities and services to the extent and in the manner
provided herein.
Policy A.9: The City shall require concurrency at the time of development for the following
utilities and services: streets, water service, sanitary sewer service, and electrical service.
Policy A.tO: The City should require the following utilities and services at the time of
development: solid waste collection, stormwater management, telecommunications service,
and emergency services (police, fire and emergency medical response).
Policy A.ll: The City should require the following utilities and services within six years
from the time of development: parks and recreation services and facilities and transit
system.
Goal B: To provide urban streets and utilities at minimum levels of service for all city residents
and the general public.
Policy B.6: The City should not approve any development that increases a site's post-
development stormwater run-off beyond that allowed by the Stormwater Management
Manual for the Puget Sound Basin as adopted by the City.
Policy B.7: The City should not approve any development that cannot be served with
telecommunications service at or greater than the following level of service standards at the
time of development: telephone, residential: J service per unit/ cable television, residential:
J service per unit.
Goal C: To provide urban services at minimum levels of service for all city residents and the
general public.
Policy C.3: The City should not approve any development that will not be served at or
greater than a city-wide level of service standard of9 acres of parks per 1,000 population
within six years from the time of development.
Policy C.4: The City should not approve any development that will not be served at or less
than the following level of service standards at the time of development: Police: 677
persons per one officer. Fire: 4 minute response time or residential sprinkler system
installation.
Storm water drainage improvements, installation of electrical power as well as other required
telecommunication facilities, optional street lighting and future fiber optic and sidewalk
considerations, and the development of a neighborhood park/children's play area will meet or
exceed the concurrency requirements for new development. All other required or recommended
services and facilities are in place.
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ENNIS CREEK ESTATES' Subdivision
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ZONING:
.
The Zoning Ordinance is the primary implementing ordinance for the Comprehensive Plan.
It establishes what types of uses are permitted and where they may be located in the City. It also
establishes minimum design standards for such uses. Like the Comprehensive Plan, any project
proposed in the City must be consistent with the regulations of the zone in which it is located.
The Zoning Map identifies the site as Residential Single Family (RS-9) and Public Buildings
and Parks (PBP).
The purpose and intent of the RS-9 Zone is as follows:
This is a low density residential zone intended to create and preserve urban single
family residential neighborhoods consisting of predominantly single family homes on
larger than standard Townsite-size lots. Uses which are compatible with and
functionally related to a single family residential environment may also be located in
this zone.
The minimum lot area is 9,000 square feet. All lots shall comply with the minimum area
and dimensional requirements as follows:
Front: 25 feet
Rear: 25 feet, except 10 feet for detached accessory buildings in the
rear one-third of the lot.
Interior Side: 8 feet, except 3 feet for detached accessory buildings in the rear
Maximum Height: 30 feet
Lot Coverage: 30%
The purpose and intent of the PBP Zone is as follows:
A zoning designation for publicly-owned property, or property not suitable for
development by reason of its topography, geology, or some unusual condition or
situation. Much of the land so designated may be best left as "green-belts. ..
.
The proposed subdivision conforms to both RS-9/PBP zoning requirements.
SUBDIVISION ORDINANCE (No. 1631):
The City's Subdivision Ordinance (No. 1631), codified as Chapter 16.08 of the Port Angeles
Municipal Code, has been reviewed with respect to the proposal. Although the entire ordinance has
not been cited, the following development standards and policies have been found to be applicable:
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone in
Port Angeles has been made by the Council or the Commission, the street layout of any new plat
submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in
new subdivisions shall conform to the Comprehensive Plan and Urban Services Ordinance as
adopted.
No plan for the platting, replatting, subdivision, or dedication of any area shall be .
recommended for approval by the Commission unless streets shown therein are connected by
surfaced road to an existing improved public right-of-way adequate to serve the existing and new
lots.
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Where the Comprehensive Plan or the City's official street plan indicates the necessity of a
new right-of-way of a required width or portion thereof for street purposes, whether within a new
plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such
required right-of-way or portion thereof shall be dedicated to the City of Port Angeles by the filing
of a plat.
The Planning Commission may require plats to provide areas for parks, playgrounds, open
spaces, recreation facilities, schools, school grounds, safe walking conditions on school routes,
transit stops, and drainage ways.
Each proposed subdivision and the ultimate use of the land therein shall be in the interests of
public health, safety and welfare, and subdividers shall be prepared to present evidenc~ to this effect
when requested by the Commission.
Restrictive covenants not contrary to existing regulations regarding the use of land,
governing and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat of land within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the
highest standard shall apply.
B. GENERAL PRINCIPLES. POLICIES. The Commission shall ensure that
appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring
coordination of streets within subdivisions with existing or planned streets, or with other elements
of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3)
distribution of population and traffic which will create conditions favorable to public health, safety
and convenience.
C. STREETS AND ROADS.
1. The arrangement, character, extent, width, grade and location of all roads
shall conform with the Comprehensive Plan, including the Capital Facilities Plan, and Urban
Services Ordinance and shall be considered in their relation to existing and planned roads, to
topographic conditions, to public convenience and safety, and in their appropriate relation to the
proposed uses of the land to be served by such roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement of
streets in a subdivision shall either provide for the continuation or appropriate projection of existing
major streets in the surrounding area; or shall conform to a plan for the neighborhood, approved by
the Commission, to meet a particular situation where topographic or other conditions make
continuance or conformance to existing roads impracticable. This shall also apply to cluster
subdivisions.
3. If a preliminary or suggested plan for an area has been made by the
Commission, the street layout of a proposed subdivision in such an area shall be in general
conformance to the plan.
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
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4. When a portion of a subdivider's tract is to be subdivided, a street plan for the
entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate
with the entire tract when fully platted.
5. Where a tract is subdivided into lots or tracts of an acre or more in area, the
Commission may require an arrangement of lots and streets such as to permit a later resubdivision in
conformity with the street and lot requirements specified in these Regulations.
6. Wherever practical, dead-end streets shall be avoided. However, roads
designed with a turn-around at one end (cul-de-sac) may be used when conditions warrant their use.
7. Wherever practical, minor streets shall be laid out to discourage through
traffic within residential neighborhoods.
8. Where a proposed subdivision abuts or contains an existing or proposed
major road, or is adjacent to an existing or planned business, commercial or industrial district, the
Commission may require treatment as may be necessary (1) for the adequate protection of
residential properties; and (2) to afford separation of through and local traffic.
10. Streets shall be laid out so as to intersect as nearly as possible at right angles.
Acute angle intersection shall be avoided.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision, for the type of development
and land use contemplated, and shall conform with the requirements of the Zoning Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have a
depth greater than twice its width.
3. Comer lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing of land shall
provide, by means of a public street, each lot with satisfactory access to an existing public street.
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation. A planting screen easement across which
there shall be no right of access shall be provided along the line of lots abutting such a traffic artery
or disadvantageous use.
F. PUBLIC SPACES.
2. Where deemed essential by the Commission, upon consideration of the
particular type of development proposed in the subdivision, and especially in large-scale
neighborhood unit developments not anticipated in the Comprehensive Plan, the Commission may
require the dedication or reservation of such areas or sites of a character, extent and location suitable
to the needs created by such development for schools, parks and other neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas
Protection Ordinance.
G. EASEMENTS.
1. Utility easements shall be provided, centered on front, rear, or side lot lines.
2. Where a subdivision is traversed by a water course, drainage way, channel, or
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ENNIS CREEK ESTATES Subdivision
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stream, there shall be provided a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, and such further width or construction, or both, as
will be adequate for the purpose. Parallel roads or parkways may be required in connection
therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference to the
dimensions of full grown trees and in accordance with the determinations and standards of the City
Engineer.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following
standards may be made by the Commission, where topographic or other existing conditions make
adherence to these Regulations impractical.
L. LOTS.
1. The minimum width, depth, area and setback dimensions of all lots in
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat is
more restrictive than the said Regulations, then the most restrictive dimension shall apply.
M. BUILDING LINE SETBACK.
1. The building line setback from the property lines of all lots shall be indicated
by a dashed line on all plats.
P. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square feet
in area shall be permitted for identification of the subdivision.
The proposed subdivision conforms to the preliminary plat subdivision requirements.
ENVIRONMENTAL REVIEW:
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A Determination of Non-Significance (DNS No~ was issued for the proposal on May 8,
2002.
DEPARTMENTAL ANALYSIS:
The April 19, 2002, preliminary plat drawing indicates a 30-10t subdivision proposal with all
lots accessing from Del Guzzi Dr. The proposed subdivision conforms to all preliminary plat
requirements, although the building front lot lines should be drawn where they equal or exceed 75
feet. Storm drainage, electrical, and telecommunications improvements are the street and utility
requirements which have not been installed per the City's Urban Services Standards and Guidelines.
Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play structure at
Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks and
Recreation maintain.
The City's Subdivision Ordinance and Urban Standards and Guidelines require the
development of sidewalks along arterials but not on local access streets. A sidewalk may be
constructed at a later stage in the subdivision development on the east side of Del Guzzi Dr., which
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ENNIS CREEK ESTATES Subdivision
May 8, 2002
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is a local access street and not a school walking route, but one is not required. Due to wooded
nature of the subject property, street trees are not needed.
DEPARTMENTAL RECOMMENDATION:
The Department of Community Development recommends that the Planning Commission
recommend approval of the preliminary plat for the Ennis Creek Estates Subdivision with the
following 9 conditions, 28 findings, and 10 conclusions:
Conditions:
1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75
feet in width.
2. All necessary easements for access, drainage, and utilities shall be shown on the fmal plat.
3. The storm water drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department ofFish
and Wildlife hydraulics permit application requirements.
4. One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to the
new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final
plat approval, and shall be installed prior to the issuance of any building permits.
5. The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit.
6. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards.
7. No more than 30,lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
8. Address numbers shall be identified and placed on the final plat as provided by the City.
9. Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall be
installed on the lot lines bordering Ennis Creek Ravine prior to final plat with the exception
of Lot 30, where fencing and sign demarcation shall be done prior to issuance of any clearing
and grading or building permits.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal. Code (P AMC) sets forth local requirements for
the approval of subdivisions.
2. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the
uniform division of land within the State of Washington. Section 58.17.110 requires a city
to inquire into the public use and interest proposed to be served by the establishment of a
subdivision. It shall determine if appropriate provisions are made for, but not limited to, the
public health, safety, and general welfare, for open spaces, drainage ways, streets or roads,
alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant
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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.
The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56 acres), 3
community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental sensitive areas
tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657
square feet with most lots between 12,000 to 22,000 square feet.
The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
The preliminary plat application includes a drawing dated received April 19, 2002, prepared
for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staffreport, and used as the basis of the preliminary plat review. The final plat will be
entitled Ennis Creek Estates Subdivision.
The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis
Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of
the Del Hur Survey as recorded in Volume II of surveys, page 44, in a portion of Section
12, Township 30 North, Range 6 West, WM.
The City has designated Ennis Creek Ravine as an environmentally sensitive area. The
19.65 acres in the two open space areas will be placed in two environmental environmentally
sensitive area (ESA) tracts per the City's Environmentally Sensitive Areas Protection
Ordinance. No public access is planned for these ESA tracts, although future public access
for educational/recreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
Each lot has significant topographically features which constrain access and building areas.
Portions of the site and building lots are wooded.
The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private
golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt
Middle School, and very low density residential zoning border the subject property on the
east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern
portion of the subject property are not accessible due to the creek ravine and largely
unaffected by the subdivision on the western portion of the site. Similarly, the northern
portion of the subject property adjacent to US 101 does not impact the highway, nor is it
accessible to the residential lots in the subdivision.
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12. The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. All 30 lots shown on the April 16
preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along
US 101 north of the site at Del Guzzi Dr.
13. The Washington State Department of Transportation (WSDOT) commented on the previous
Ennis Creek Estates Planned Residential Development (PRD) and required a stop light at
Del Guzzi Dr. and US 101 that was installed through Local Improvement District 211.
Nothing substantial has changed regarding the subject property since the previous
preliminary plat subdivisionIPRD was approved about ten years ago.
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice of the subdivision application was published on April 22, 2002, and posted on
the site and mailed to property owners within 300 feet of the proposed subdivision on April
19, 2002. The Department of Community Development received three public comment
letters, which are provided in Attachment B to the staff report. The letters were from Jim
and Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on 'the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies
are found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A.2, Goal B, Policies B.I-B.4, Goal I, Policies 1.1-1.4,
Objective 1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public
Services Element Policy D.l; Housing Element Goal A; Conservation Element Goal A,
Policies A.I-A.3, Goal B, Policies B.I-B.6, B.8, B.16, Objectives B.3-B.4; Capital Facilities
Element Goal A, Policies A.2, A.9-A.11, Goal B, Policies B.6-:B.7, Goal C, Policies C.3-
CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
18. The Comprehensive Plan recommends concurrency for solid waste collection, stormwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A.I 0).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics of the use and the users, and the desired
urban design of the City.
20. The western portion of the subject property is identified by the Port Angeles Zoning Map as
Single Family Residential (RS-9), which allows a density of up to 9 units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size and that the average size of the southernmost 29 lots is 16,602 square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map as
Public Buildings and Parks (PBP), which designates land that may be best left as "greenbelt"
open space where the property is not suitable for development by reason of its topography,
geology, or some unusual condition or situation.
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22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks along
arterials but not on local access streets.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #7f1) on May 8,2002, satisfying the City's SEPA responsibility.
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Conclusions:
A. The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
B. Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services Standards
and Guidelines.
C. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play
structure at Crown Park or the one at Milwaukee Heights Subdivision, both of which the
City Parks and Recreation maintain. -
D. Due to wooded nature of the subject property, street trees are not needed.
E. The large lots proposed for the Ennis Creek Subdivision are necessary for several reasons:
1) the topographical and other access/building constraints on the site, 2) reduced clearing
and consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive
Plan land use and conservation element policies, 4) sensitivity to the significant
environmental features within the site, 5) design of utility and access through the site, and 6)
recovering unpaid LID 211 assessments.
F. Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended to
be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout conform to the desired urban design of the City for the RS-
9 and PBP Zones. The subject site is not located in an area with a grid street system and
should be developed with low density housing units and curvilinear streets to achieve the
desired urban design ofthe City. If the subdivision is approved, the Comprehensive Plan
Land Use Map should be changed to Low Density Residential (LDR).
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G. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning
Code.
H. As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17
RCW.
I. , As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
J. As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
Growth Management Act and beneficial to the City's tax base. The subdivision is intended
to recover funds necessary for payment of LID 211 bonds due in September 2003.
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May 1, 2002
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1m MAY - 2 L002 10
, Bra Collins
To:
Port Angeles !ty co~es Planning
From:
Jim and ie Mantooth 2238 E. Lindberg
em Of PORT ANGELES
COMMUNITY DEVELOPMENT
First, we want to commend the efforts of Mike Quinn, Brad Collins and other City staff in supporting
innovative ideas for enabling our City to make the best use of its exceptional natural resources. We
have been impressed by their proposals, even though at the deadline time for written comments, we
probably won't have all the details of what you may be considering.
Our greatest interests are in &ctions that would place priority on protecting Ennis Creek in any
development of the City's 36 acres along Ennis Creek and that would amend the Comprehensive
Plan to add an industrial marine zone and pe~it more options for waterfront land, including
Rayonier's former miJIsite, which is at the mouth of Ennis Creek.
1. Ennis Creek development - Although the entire 36 acres the City owns along Ennis Creek could
be considered a sensitive part of the watershed, and a strong argument could be made against any
development on such slopes, we understand the City's need to use property sales and anticipated
revenue from property taxes and other payments to obtain at least part of the $).5 million the City
owes for infrastructure. It is reassuring that our City's leadership includes people who seem to be
trying to make sure the development creates as little deleterious impact on the stream as possible by
excluding the most sensitive riparian area from the land that would be sold for homesites and setting
aside areas to collect runoff.
We hope you agree with this focus, and your actions will reinforce protections for Ennis Creek.
Fortunately, habitat specialists from the Washington Department of Fish and Wildlife are available
in Port Angeles and have a great deal of information about Ennis Creek as well as expertise about ,.
what is needed to protect riparian areas. They should be able to help ensure that lots, building sites, ,.
provisions for runoff, and conditions associated with the development maximize protection of the
watershed.
We are not habitat specialists, but we have learned a great deal about what is needed to protect and
restore a stream during the 30 years we have lived near Ennis Creek. Our ex~rience with the area's
soils and the long-lasting effects of erosion - even from foot traffic - causes us to urge you to
consider fencing to separate the lots along the east side of Del Guzzi Drive from the sensitive area
that is restricted from development. It wouldn't take many people traveling through the ravine to
cause erosion that could increase sediment problems in the stream's spawning gravels. We are
attaching more information about the area's soils, from fisheries specialists and from a document
about Ennis Creek that is being used by the Elwha to Morse Management Team as it develops
recommendations for watersheds in our area. The preference for fencing off the sensitive area and
protecting the stream that we heard from a couple who talked to us about wanting to buy a lot in the
proposed development may be indicative of how such protections could make homesites more
desirable.
We recall that a low fence was an option being considered at one time. We think the risk of damage
to the sensitive environment is too great to rely on what essentially would just mark a boundary line.
A fence that would be a realistic deterrent to human traffic might as well also keep deer from taking a
route that could quickly put them in danger of the increased vehicle traffic the development will
bring to Del Guzzi Drive. We know from experience that it takes a 7-foot fence to keep the deer
that can jump the from sailing over with ease. Deer still would have plenty of room to roam in the
ravine and other areas where they would be safer.
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We also have heard that trails were being considered for the sensitive areas below tbe development. .
Our community is supporting trails along Valley Creek and across the North Olympic Peninsula, but
trails we believe trails on this City property would be incompatible with fish habitat. The main
problem is the exceptionally fragile soils, but the proximity of Monroe Elementary and Roosevelt
Middle School, on the other side of the stream from the development, could add to the problems.
Students have used the dense woods when they have wanted to skip school and even use drugs. Fire
danger from people smoking in areas where dry leaves can be thick should be another concern.
Unsupervised young people also have chopped down'trees, depriving the stream of the shade it needs
to maintain the cool water tbat is important to the fish.
One way to maximize protection for Ennis Creek would be to take advantage of the offer of
assistance in obtaining a conservation easement on the property that the North Olympic Land Trust
has offered. Conservation easements are not easements in the traditional use of the tenn. They do
not allow access unless that is part of the agreement. City officials can work with people from the
Land Trust and agencies that deal with sensitive habitat areas to tailor a conservation easement that
should be in the best interests of constituents, as well as the fish and other animals that depend on the
area.
Covering all the property with a conservation easement could have the advantage of including
conditions for construction practices and materials. Just one example might be minimizing
impervious surfaces that could contribute to problems with runoff by requiring driveways that
incorporate grass as well as paving materials. The conservation easement agreement on the 30-acre
parcel where we live, just south of the City's 36 acres, contains numerous pennanent protections to
the sensitive riparian area while permitting four building sites in specified locations.
If the City chose to opt for a conservation easement that would cover only the most sensitive part
of the property - at least 200 feet on each side of the stream - this option still should ensure .
better protection than simply leaving the area free of development. Conservation easements
accompany property for perpetuity, and, unlike a green belt or park the City might set aside, never _
would be vulnerable to a change in the law or political pressures to develop the land. Additional
protections might be possible through covenants on the properties outside the conservation .
easement.
A conservation easement could even help the City obtain funding for more projects to protect fish
habitat. The value of a donated conservation easement can be used to meet the 15 percent matching
fund requirement for grants from the Salmon Recovery Fund. Of course, the greater the value of the
land that is included in the easement, the greater will be the value of the donation that could qualify
fOT matching funds. For example, if an appraisal determined that the maximum value of the land that
could be developed and perhaps even logged is $2 million, and the value with the more development
you prefer is $1.5 million, the donated value would be $500,000. Among readily apparent uses for
Salmon Recovery funds are stonnwater control for the development and improvement of the City's
culvert on East Ennis Creek Road, which has some fish impediment problems.
When the Land Trust presented the conservation easement option to the City last winter, funds
from a grant were available for paying costs for any additional appraisals that might be necessary for
a conservation easement. Those funds are quickly being used up, but if the City acts quickly to
initiate the conservation easement process, they may still be available. The letter of intent that is
necessary to authorize appraisals is not an obligation to proceed with a conservation easement, but
information from appraisals could help you weigh the options.
2. Comprehensive Plan amendment - The proposed industrial marine zone could also be important
in protecting Ennis Creek and enabling our region to benefit from the potential the property at its .
mouth could have instead of limiting it to heavy industry because of zoning and because the level of
contaminants the Department of Ecology permits for this zoning would preclude other uses.
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A high standard for the cleanup also should be important to the future health of Ennis Creek.
Contaminants are under the stream itself. The estuarine area the fish need has been covered by
landfill, which also may contain serious pollutants. Contaminants in the maripe environment also
could be a continuing problem.
3. Value to the community - Interest in the protection and restoration of Ennis Creek is great.
People from the North Olympic Land "Trust, Olympic National Park, Economic Development
Council, Friends of Ennis Creek, Elwha-Morse Management Team, Department of Fish and Wildlife,
area tribes, and other parts of our community are among those who are committed to making this
still-healthy stream much healthier. Ennis Creek's history adds to community commitment. It was
the site of a major K1allam viJIage as well as the Puget Sound Cooperative Colony.
Ennis Creek can be an economic as well as an environmental asset. Can you imagine the possibilities?
Residential areas that are models of environmental protection. Offices near a waterfront with a
healthy stream. A waterfront trail where people can watch the fish returning to spawn.
You have some important choices to make - perhaps choices that will set the tone for wise City
development for the 21st century. City staff members have offered creative leadership.!f you also
are willing to be innovative, we believe the payoff will be significant. Not only are the properties
involved likely to be more desired by potential purchasers who would be willing to pay a premium for
the amenities, but the ongoing revenue from property taxes also could be higher.
Your decisions about the Ennis Creek watershed will help determine the fate of the stream that,
among all the streams flowing through the City, is the most likely to have significant production of
fish. The stream is known for hosting steelhead, cutthroat, coho and char (which can include Dolly
Varden and Bull Trout). Steelhead have been most abundant in recent years, and just last week highly
regarded fish habitat volunteer Dick Goin reports fmding 20 redds in just one mile of the stream
where steelhead apparently had spawned.
The potential is great. We'd like to be around when people can stand on the waterfront trail-
practically in downtown Port Angeles - and have the thrill of seeing fish leaping ~ack toward their
spawning grounds. Wouldn't you?
Attachments:
1. Letter from Mike McHenry and James M. Walton, fisheries specialists
2. Ennis Creek Characterization, prepared for E1wha-Morse Creek Management Team
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Brad Collins
City Hall
321 E. 5th
Port Angeles, Was. 98362
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RE: Del Guzzi, drive subdivision:
Dear Brad:
As you know, substantial amount of effort has gone into
fishery restoration in Ennis Creek with a lot more
scheduled to follow.
These efforts include removal of and old dam, a new culvert
at R.M.0.6, various modifications of the fish-way at Hi'way
101 (R.M. 1.0), redd counts by WDFW, Elwha Klallam tribe, and
private citizens, habitat assessments and the stream walks by
Elwha tribe and concerned citizens.
Future work planned includes, hopefully, estuary restoration,
some relief from dikes, and placement of LWD thru out the
stream.
We are at present attempting to identify sources of pollution
laden waters entering Ennis Creek at three place~, all below
101.
Further, in counting steelhead redds in Ennis Creek, I have
found no redds in 1 3/4 mile above 101 and 22 well formed
redds below the Hi'way.
.
The fishway has been degrading seriously in the last decade
(it was never very good) and it appears that a good deal of
the time in Nov, Dec. Jan. it was probably impassaple.
(Record floods in Dec. and Jan.) These are the months that
most of the coho and all the early steelhead run. it appears,
from the lack of redds in the upper part of the stream that
most of the early fish were unable to make it thru the
culvert.
I believe that we must take good care of the lower stream and
attempt to get fishway fixed as soon as possible.
To this end, I hope that the impacts from this proposed
development, such as increased runoff and ground water (both
these precipitate slides), pollution from herbicides and
pesticides, increased human interaction with the fishery,
increased garbage and trash thrown into the canyon, etc. will
be minimized and/or mitigated as much as possible.
Ennis Creek is our largest urban stream and has a high
potential for restoration and this is certainly a time to
take care of it,not degrade it further.
Sincerely
DiCk Goin
502'viewcrest
Port Angeles, WA. 98362
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Ull MAY - 3 2002 !!:I'
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3 May 2002
Planning Commission
City of Pt Angeles
e! Angeles W A 98504
,4K-' 3'0 1f/7 '1111
RE: Del Guzzi Drive Property and Ennis Creek easement
CITY Of PORT ANGELES
COMMUNITY DEVElOPMENT
........... .
I support a Conservation Easement along Ennis Creek in ttle vicinity of the
Del Guzzi Drive property that the City is designing for sale to pay for
costs that have come-due.
The Conservation Easement shOuld be drawn up with the assistance of the
North Olympic Land Trust to give this Important water body permanent
protection.
Development at the site should include a fence high enough to prevent
people from entering the protected area from their lots and to keep
wildlife from traveling across lots to Del Guzzi Drive, where they will be
vulnerable to the increased traffic.
.
Trails In the ravine , should they be developed, should be constructed
only with assurance from habitat biologIsts for the Washin9!on Department
of Fish and Wildlife that trail building and use will not be harmful to ---
habitat, including erosion and clogging of spawning gravels with sediments.
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
May 7, 2002
MAYOR WIGGINS AND CITY COUNCIL
Real Estate Committee and Brad Collins, Community Development Director ~
ENNIS CREEK ESTATES SUBDIVISION REpORT OF THE REAL ESTATE COMMITTEE
Summary: The Report of the Real Estate Committee reviews the status of the Ennis Creek
Estates Subdivision and three options for continued action. The Real Estate Committee met
twice last week to consider the best strategy for recovering funds to pay for the failed
assessments on Local Improvement District (LID) 211 for Del Guzzi Drive improvements.
Recommendation: The Real Estate Committee recommends authorizing the Mayor to sign a .
consultant services contract with Northwest Territories, Inc. (NT!) for preparing a final plat
design and application in an amount not to exceed $35,000.
Background I Analysis:
Northwest Territories Inc. (NT!) prepared a preliminary plat application for the Ennis Creek
Estates property, which the City acquired through foreclosure on failed LID 211 bond assessments.
The Planning Commission will hold a public hearing on the proposed 30-lot subdivision tomorrow
May 8, 2002, before making a recommendation to the City Council. In order to complete the Ennis
Creek Estates Subdivision plan and provide estimates for required final plat improvements,
substantial engineering and planning work must be completed in a short time.
Three options for proceeding ahead with the subdivision and/or sale of the property are still
being considered: 1) complete the subdivision final platting requirements, 2) complete the
preliminary plat and one phase of a final plat at reduced improvement costs, and 3) complete the
preliminary plat but not proceed with final plat improvements until after a more concerted effort to
sell the 29-lot residential subdivision as a whole and at a discount. Completion of the final plat
design and improvement cost estimates was determined to be prudent in accomplishing anyone of
these three options. The certainty afforded either the City or a developer with preliminary plat
approval and final plat design and improvement costs should make sale of the property before a .
September 2003 LID 211 bond retirement deadline more feasible.
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Cost Estimates:
Since many of the improvements required for the subdivision have already been installed,
the costs of the final plat improvements is relatively small. Major expenses for street, sewer, water,
some electrical, drainage, and telecommunications have already completed through LID 211 at a cost
of approximately $1.5 million. The City or a developer must still make the following improvements
to meet final plat requirements:
Storm Drainage $ 100,000*
Electrical and Street Lighting $ 41,000
Fencing Environmentally Sensitive Areas Tract $ 10,000
Final Plat Engineering, Design, and Planning $ 35.000
Subtotal of Required Improvements $ 186,000
* The storm drainage improvement cost estimate requires approval of the Washington
Department ofFish and Wildlife (WDFW) and coordination with the engineering consultant
and, therefore, has a potential for a significant increase until the engineering work is
completed.
Future improvements which may be desired but are not required include the following:
Neighborhood Park/Play Area Construction/Maintenance $ 10,OpO
Telecommunications/Fiber Optic Conduit
$
2/lineal foot
Sidewalk
$
20/lineal foot
Clearing Views and Site Nuisance Abatement
Community Service Workers
Additional expenses include real estate commissions of $87,000 and LID 211 bond
repayment of $1.063 million due in September 2003 total $1.150 million. Consequently, the
additional final plat improvement costs would be approximately 10-20% of the City's $1.5 million
total investment in LID 211.
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Sale Options:
.
Option J
· Authorize the Phase 2 Consultant Services Contract up to $35,000
· Authorize final plat improvements up to $151,000 at cost to various utility and street funds
· Assess risk of holding lots in a depressed economy
· Potential loss of the present day value of money/requires $200,000 in additional investment
· Supports investment future in Port Angeles at this time
· Provides opportunity to create a model subdivision and return developed property to the tax
roll by selling buildable lots to prospective home builders and buyers
Option 2
· Authorize the Phase 2 Consultant Services Contract up to $35,000
· Authorize fmal plat improvements between $86,000 and $116,000 at cost to various utility
and street funds
· Reduces risk of holding lots in a depressed economy but commits to individual buyers
· Potential loss of the present day value of money/requires 40-60% less additional investment
· Supports investment future in Port Angeles at this time but reduces more investment until
lot sales reach a bond repayment comfort level before completing improvements
· Provides opportunity to create a model subdivision and return developed property to the tax
roll by selling buildable lots to prospective home builders and buyers
~~3 .
· Authorize the Phase 2 Consultant Services Contract up to $35,000
· Complete preliminary plat and cost estimates, particularly for drainage improvements, but
hold off on final plat improvements for the next year
· Market the 29 lots to a single developer
· Assess risk of discounting the property
· Potential loss 20-50% discount ($300,000 to $750,000) and potential gain of the present day
value of money
· Recognizes the downside of investment in Port Angeles at this time
· Slower return of developed property to the tax roll
Staff will be available to answer any questions.
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132
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ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
JULY 16, 2002
FROM:
MAYOR WIGGINS AND CITY COUNCIL
~
PARKS, RECREATION, AND BEAUTIFICATION COMMISSION
To:
SUBJECT:
Erickson Park "Dream Playground" Project
Summary: Plans for the "Dream Playground" have been finalized for review and approval by the City
Council. The Parks, Recreation and Beautification Commission reviewed and approved the plans at thei
special meeting held Thursday, June 27,2002.
Recommendation: The Parks, Recreation, and Beautification Commission recommends that the City
Council review and approve the attached plans for the "Dream Playground" at Erickson Park.
. Background I Analvsis:
Attached for your review is the proposed plan for the new playground at Erickson Park. The Playground
has been professionally engineered and planned by a licensed landscape architect. The architect has
successfully managed the development and construction of over 1600 such playgrounds nationwide.
Currently Port Angeles and Wenatchee are in the planning stages. Silverdale completed a project in June
of this year. The plan has been laid out based upon a site survey completed by civil engineers in the
Public Works Department. The plan has been reviewed and approved by the citizen's group sponsoring
the project. City parks staff have reviewed the plans and are satisfied with the design from the
perspective of meeting ADA requirements, current national guidelines for playgrounds and play
equipment, maintenance and original intent in the budget to replace the playground.
The City Council approved funding in the amount of $7,000 to replace the existing playground in Erickson
Park as part of the adopted 2002 budget. This level of funding would have replaced the playground at
Erickson with an updated structure of similar size to the existing play structure at the park. At their
regular meeting held Thursday, November 15, 2001 the Parks, Recreation and Beautification Commission
reviewed a presentation by a citizens group represented by Jim Bolton to fund and construct a "super
playground" to replace the existing structure at Erickson Park. The Commission unanimously supported
the idea.
.
The citizen group that organized to fund and construct the new playground is comprised of local residents,
business owners, and representatives of government, non-profit agencies and civic organizations. The
Port Angeles Kiwanis Club retained the services of Leathers and Associates, New York Architects to
develop the design and manage construction on site. In addition, the Kiwanis Club has provided its non-
profit status as a means to aid in the fund raising efforts to acquire the materials needed to construct the
playground. This project is a tremendous example of a value-added project whereby City funds have
133
been the seed for something much greater. The citizen group currently has raised over $50,000 in cash
plus donated materials, supplies, tools and labor. At the completion of the project it is expected that .
fundraising and donations, excluding labor, will exceed $120,000 resulting in a projectforthe children of
Port Angeles nearly 10 times its originally planned replacement size.
The project has gone through three of the four distinct phases including:
Dream and Design Dav - On February 22, 2002, a representative from the architectural firm visited eight
Port Angeles Private and Public Elementary Schools engaging over 400 school children ideas for "their"
playground. On the same day, after meeting with area children, the architect thenspent several hours
developing a concept plan for presentation at a fund raising "Kick-off Rally" held at 7 p.m. at the Vern
Burton Center. Attendance at the rally numbered at several hundred. The preliminary concept plan for
the playground was unveiled at the rally.
Fund Raising and Volunteer Coordination - Following Design Day the community began fund raising
efforts to acquire the funds, donated materials and supplies and volunteers necessary to construct the
playground according to the specifications prepared by the architect. The Port Angeles Kiwanis Club is
responsible for managing the fund raising efforts, providing the necessary accounting, and organize the
volunteers required to complete the project. Currently, over 600 people have volunteered to help with
the construction of the new playground. In addition, over $50,000 has been raised in cash. While no
cash value has been established yet, many donations of lumber, construction equipment, fasteners, food
and other supplies have also been secured.
Organization Dav - Organization Day was held on July 1 st. On this day the playground architect visited
Port Angeles to assess the community's progress. The architect examined fundraising, material
acquisition, volunteer coordination, logistical organization such as materials storage, childcare, first aid
stations, providing food and water, volunteer sign-up/releases, public relations, security, tool storage and
inventory, materials transportation, site power, site sanitation and so on. Thearchitect was impressed
with the state of all the efforts of the "steering committee" and concluded that Port Angeles was on track
for a successful build in September.
.
Construction-Construction will begin on September 11, 2002 and conclude on Sunday, September 15,
2002. The architect will serve as the project manager to ensure that all the volunteer work is coordinated
properly and the playground is built according to the plans and in accordance with all related construction
and safety guidelines and regulations. City Parks and Recreation staff will also be on site during the
construction. The construction process will resemble a typical "barn raising" where the entire community
pitches in to help build the playground. Upon completion, Sunday, September 15th the communitywill
celebrate by hosting a "grand opening" of the playground for the children and put the new playground to
good use.
.
134
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DATE:
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FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
July 16, 2002
MAYOR WIGGINS AND CITY COUNCIL
Michael Quinn, City Manager~
Interlocal Agreement - HUD Homes Sales
Summary: The Department of Housing & Urban Development (HUD) has a $1 Home Sale to
Local Governments Program. Since we contract with the Housing Authority of Clallam County to
administer our housing programs, we propose a similar arrangement for this program as well. The
purpose ofthe program is to remove aging inventory of unsold properties from the market and offer
them to local government for the cost of$l plus closing cost. The intended result is that the property
would be rehabilitated for resale or other housing assistance as well as demolition, if appropriate.
.
Recommendation: It is recommended that the City Council authorize the Mayor to sign
the Interlocal Agreement with the Housing Authority of Clallam County to participate in the
HUD $1 Home Sales to Local Governments Proeram.
Back~round / Analysis: This program has been locally authorized by the cities of Sequim and
Forks, and is due for adoption by Clallam County next week. The program offers an opportunity to
improve the residential neighborhoods by rehabilitating or removing poorly maintained property that
has not sold on the open market for at least six months as offered through HUD.
I have attached the draft Interlocal Agreement and the HUD notice on the program for background
reference and information. In order to finalize the agreement, I have proposed the following
changes:
. Addition to Reports: The Annual Report or similar summary of program activity in Port
Angeles will be submitted to the City Council. This should inform you of program
performance and how the Housing Authority is applying any program proceeds.
. Addition of Closing costs: I have proposed that HACC cover all applicable closing costs,
including the satisfaction of any liens placed on the property by the City. This will assure
that the City has no costs in this program.
.
Addition of Non-Conforming Use: I have proposed a section to allow the City Council veto
authority over the decision to rehabilitate any non-conforming use per the program. My
intent is to review houses in commercial zones as to whether we want to perpetuate this non-
.
135
Page 2 Interlocal Agreement - HUD Home Sales
confirming use in this location, or to alter a non-conforming structure during rehabilitation
to assure its compliance with setbacks, etc.
.
Addition of Community Reinvestment: I have proposed that all proceeds from the sale of
these homes by the Housing Authority be reinvested in housing programs within our
community. The intent is to recirculate the investment locally.
. Addition of Hold Harmless: With the advice of our City Attorney, a mutual agreement for
hold harmless has been drafted to protect each agency from errors of the other.
I feel confident that this agreement would adequately protect the City, and has been agreed to by the
Executive Director of the, Housing Authority. Once these changes are printed, your authorization
would allow the Mayor to execute the agreement.
C:\OFFICE\WPWIN\MYFILES\CM Corres\housmg $1 home memo wpd
136
.
.
.
INTERLOCAL AGREEMENT
AGREEMENT made and entered into as of the day of
20 , by and between THE HOUSING AUTHORITY OF CLALLAM COUNTY, a
political subdivision of the State of Washington (hereinafter "HACC") and The City of
Port Angeles, a municipality (hereinafter called COP A).
RECITALS:
WHEREAS, the COP A is a municipality duly constituted and' authorized to
operate in its jurisdictional area under the laws of the State of Washington.
WHEREAS, HACC is a housing authority duly constituted and authorized to
operate in its jurisdictional area under the laws of the State of Washington.
WHEREAS, one of the goals of both organizations is to provide affordable
housing opportunities.
WHEREAS, the Department of Housing and Urban Development (HUD), Notice
H 00-07 authorizes local governments to participate in the $1 Home Sales to Local
Governments Program by offering aging inventory properties for sale for $1.
WHEREAS, HACC has developed effective affordable housing development
strategies in Clallam County.
WHEREAS, COP A does not have such a program and desires to establish a
working relationship with HACC utilizing the HACC experience and expertise to benefit
residents of Clallam County.
NOW, THEREFORE, for and in consideration of the mutual benefits to be
derived herefrom and establishing an interlocal agreement under RCW 39.34 and RCW
39.33.010 providing for purchase of aging inventory properties of HUD by Housing
Authorities to provide affordable housing, it is agreed as follows:
1.
INCORPORATION OF RECITALS:
incorporated herein by this reference.
The foregoing Recitals are
2. TERM: The term of this agreement is for a period of two (2) years,
commencing as of the date of this agreement. Provided, however, that this
agreement may be terminated by either party by providing written notice
thereof at least 90 days prior to such termination date. Provided further,
however, upon termination by either expiration or prior notice, HACC
shall have the right to continue its program operations in the City of Port
Angeles for such additional time as may be reasonably required in order to
fulfill its production commitments made under any applicable
governmental grant programs. Further, this Agreement may be extended
~TERLOCALAGREEMENT
Page I
following expiration of the initial term hereof by mutual consent of the
parties.
3. FUNDING: HACC shall be responsible for obtaining the funds to be
used for program administration and operation. As it relates to Clallam
County, COP A shall cooperate with HACC and provide such information,
materials and support as may reasonably be required and requested by
HACC to obtain and maintain such funding. HACC agrees to and shall
conduct its activities in such a manner as to comply with such program
requirements and criteria.
LEGAL COMPLIANCE: COP A and HACC each agree to and shall
comply with any and all applicable laws, rules and regulations of
governmental authorities having jurisdiction over the various aspects of
the $1 Home Sales to Local Government Program, including funding
source regulations and requirements, which are now or may hereafter be in
effect and with the Intended Disposition Strategies and Public Purpose
Goals outlined in "Appendix A".
4. AGENT FOR PURCHASE: The COP A hereby authorizes the HACC to
act as its agent to purchase these properties.
5. ASSIGNMENT: The COP A hereby designates the HACC as the
nonprofit organization assigned any and all profits from resales and/or
development of these $1 homes. The HACC hereby agrees that 100% of
said profits will be used to support local housing/community development
initiatives.
6. " CLOSING COSTS: The HACC will be responsible for satisfying the
applicable closing costs not covered the HUD. It is also required that as a
part of closing, the HACC must satisfy the requirement to remove all
known liens in order to finalize the transaction.
7. NON-CONFORMING USE: The COP A reserves the right to veto the
rehabilitation of property that is currently classified as a non-conforming
use per the Port Angeles Municipal Code. The HACC would still retain
the right to develop the property in a manner consistent with the Port
Angeles Municipal Code.
8. REPORTS: The HACC agrees to timely complete and submit the
required Annual Report and any required attachments for review, approval
and signature to the COP A. Once the Annual Report is reviewed,
approved and signed by the COP A, the HACC will forward it to HUn.
9. GOVERNING LAW: This agreement shall be governed and construed in
accordance with the applicable laws, rules and regulations of the
INTERLOCAL AGREEMENT
Page 2,
10/2310 I
Department of Housing and Urban Development and the State and local
laws of the State of Washington. Unless otherwise required by federal
funding source agencies, jurisdiction shall be determined pursuant to the
laws of the State of Washington and venue for any action or other
proceeding shall lie in Clallam County, Washington.
10. Community Reinvestment: All profits from resales of these homes will be
reinvested to support local housing/community development programs to
benefit the City of Port Angeles as managed by HACC.
11. NOTICES: Any notices called for hereunder shall be mailed by certified
mail, return receipt requested, or personally delivered, as follows:
The City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362
A TTN: City Manager
Housing Authority of Clallam County
2603 S. Francis
Port Angeles, W A 98362
ATTN: Executive Director
Or to such other address as one party may designate in writing to the
other.
12. NON- WAIVER: The failure by either party to strictly enforce the terms
and provisions of this Agreement on anyone or more occasions shall not
be construed as a waiver of that party's right to strictly enforce such
provision(s) in the future.
13. HOLD HARMLESS: Each party to the agreement shall be responsible for
any and all claims, damages or other liability, including costs of defense
and attorney's fees, arising out of the acts or omissions of its officers,
employees and or agents in the performance of its obligations under this
contract. Neither party assumes responsibility for the consequences of any
act or omission of any person, firm or corporation not a party to this
agreement.
14. ATTORNEY'S FEES: The substantially prevailing party in any action or
proceeding to interpret or enforce the terms hereof shall be entitled to
recover their costs and expenses incurred, including reasonable attorney's
fees.
fNTERLOCAL AGREEMENT
Page 3
I 0/23/0 I
15. CONTRACT CHANGES. MODIFICATIONS AND AMENDMENTS:
This agreement may be waived, changed, modified or amended only by
written agreement executed by both parties.
16. BINDING EFFECT: This agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and
permitted assigns.
IN WITNESS WHEREOF the parties have caused this agreement to be executed
as of the day of ,20_.
CITY OF PORT ANGELES
OF
HOUSING AUTHORITY
CLALLAM COUNTY
BY:
BY:
PAMELA TIETZ
Executive Director
Housing Authority of
Clallam County
2603 S. Francis Street
Port Angeles, W A 98362
(360) 452-7631
Date:
Date:
INTERLOCAL AGREEMENT
Page 4
10/23/01
APPENDIX A
$1 Home Sales to Local Governments Program
HACC Disposition Strategies
The Housing Authority of the County ofClallam will utilize properties available
under this program for one of the following:
· Rehabilitation and/or resale for first time homebuyers
· Rehabilitation and/or resale for participants in the Section 8
Homeownership of Individual Development (IDA) program:
· Rehabilitation at market rate to fund other affordable housing
development activities operated by the Housing Authority ofthe County
of Clallam.
· Demolition (if appropriate under program guidelines) combined with new
construction .
· Demolition (if appropriate under program guidelines) and property sale -
using proceeds for other affordable housing development activities
operated by the Housing Authority of the County of Clallam.
· Any other affordable housing/community development activity approved
by the HACC Board or contained in the HACC BUD Annual Plan.
~TERLOCALAGREEMENT
Page 5
I 0/23/0 I
INTERLOCAL AGREEMENT
.
AGREEMENT made and entered into as of the day of ,
20_, by and between THE HOUSING AUTHORITY OF CLALLAM COUNTY, a
political subdivision of the State of Washington (hereinafter "HACC") and The City of
Port Angeles, a municipality (hereinafter called COP A).
RECIT ALS:
WHEREAS, the COP A is a municipality duly constituted and authorized to
operate in its jurisdictional area under the laws of the State of Washington.
WHEREAS, HACC is a housing authority duly constituted and authorized to
operate in its jurisdictional area under the laws of the State of Washington.
WHEREAS, one of the goals of both organizations is to provide affordable
housing opportunities.
WHEREAS, the Department of Housing and Urban Development (HUD), Notice
H 00-07 authorizes local governments to participate in the $1 Home Sales to Local
Governments Program by offering aging inventory properties for sale for $1.
WHEREAS, HACC has developed effective affordable housing development
. strategies in Clallam County.
WHEREAS, COP A does not have such a program and desires to establish a
working relationship with HACC utilizing the HACC experience and expertise to benefit
residents of Clallam County.
NOW, THEREFORE, for and in consideration of the mutual benefits to be
derived herefrom and establishing an interlocal agreement under RCW 39.34 and RCW
39.33.010 providing for purchase of aging inventory properties of HUD by Housing
Authorities to provide affordable housing, it is agreed as follows:
1.
INCORPORATION OF RECITALS:
incorporated herein by this reference.
The foregoing Recitals are
2.
TERM: The term of this agreement is for a period of two (2) years,
commencing as of the date of this agreement. Provided, however, that this
agreement may be terminated by either party by providing written notice
thereof at least 90 days prior to such termination date. Provided further,
however, upon termination by either expiration or prior notice, HACC
shall have the right to continue its program operations in the City of Port
Angeles for such additional time as may be reasonably required in order to
fulfill its production commitments made under any applicable
governmental grant programs. Further, this Agreement may be extended
.
INTERLOCAL AGREEMENT
Page 1
137
10/23/01
following expiration of the initial term hereof by mutual consent of the
parties.
.
3. FUNDING: HACC shall be responsible for obtaining the funds to be
used for program administration and operation. As it relates to Clallam
County, COP A shall cooperate with HACC and provide such information,
materials and support as may reasonably be required and requested by
HACC to obtain and maintain such funding. HACC agrees to and shall
conduct its activities in such a manner as to comply with such program
requirements and criteria.
3. LEGAL COMPLIANCE: COPA and HACC each agree to and shall
comply with any and all applicable laws, rules and regulations of
governmental authorities having jurisdiction over the various aspects of
the $1 Home Sales to Local Government Program, including funding
source regulations and requirements, which are now or may hereafter be in
effect and with the Intended Disposition Strategies and Public Purpose
Goals outlined in "Appendix A".
4. AGENT FOR PURCHASE: The COP A hereby authorizes the HACC to
act as its agent to purchase these properties.
5.
ASSIGNMENT: The COP A hereby designates the HACC as the
nonprofit organization assigned any and all profits from resales and/or
development of these $1 homes. The HACC hereby agrees that 100% of
said profits will be used to support local housing/community _~evelopment
initiatives.
.
6. REPORTS: The HACC agrees to timely complete the required Annual
Report and any required attachments for review, signature and submission
by the COP A to HUD.
7. GOVERNING LAW: This agreement shall be governed and construed in
accordance with the applicable laws, rules and regulations of the
Department of Housing and Urban Development and the State and local
laws of the State of Washington. Unless otherwise required by federal
funding source agencies, jurisdiction shall be determined pursuant to the
laws of the State of Washington and venue for any action or other
proceeding shall lie in Clallam County, Washington.
8. NOTICES: Any notices called for hereunder shall be mailed by certified
mail, return receipt requested, or personally delivered, as follows:
The City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362
.
~TERLOCALAGREEMENT
Page 2
138
10/23/01
.
.
.
A TTN: City Manager
Housing Authority of Clallam County
2603 S. Francis
Port Angeles, W A 98362
ATTN: Executive Director
Or to such other address as one party may designate in writing to the
other.
9. NON-WAIVER: The failure by either party to strictly enforce the terms
and provisions of this Agreement on anyone or more occasions shall not
be construed as a waiver of that party's right to strictly enforce such
provision( s) in the future.
10. ATTORNEY'S FEES: The substantially prevailing party in any action or
proceeding to interpret or enforce the terms hereof shall be entitled to
recover their costs and expenses incurred, including reasonable attorney's
fees.
11. CONTRACT CHANGES. MODIFICATIONS AND AMENDMENTS:
This agreement may be waived, changed, modified or amended only by
written agreement executed by both parties.
12.
BINDING EFFECT: This agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective su~cessors and
permitted assigns.
IN WITNESS WHEREOF the parties have caused this agreement to be executed
as of the day of , 20_.
CITY OF PORT ANGELES
OF
HOUSING
AUTHORITY
CLALLAM COUNTY
BY:
BY:
PAMELA TIETZ
Executive Director
Housing Authority of
Clallam County
2603 S. Francis Street
Port Angeles, W A 98362
(360) 452-7631
Date:
Date:
~TERLOCALAGREEMENT
Page 3
10/23/01
139
~
INTERLOCAL AGREEMENT
Page 4
140
.
.
.
10/23/01
.
.
.
APPENDIX A
$1 Home Sales to Local Governments Program
HACC Disposition Strategies
The Housing Authority of the County ofClallam will utilize properties available
under this program for one of the following:
. Rehabilitation and/or resale for first time homebuyers
. Rehabilitation and/or resale for participants in the Section 8
Homeownership of Individual Development (IDA) program.
. Rehabilitation at market rate to fund other affordable housing
development activities operated by the Housing Authority of the County
of Clallam.
. Demolition (if appropriate under program guidelines) combined with new
construction.
. Demolition (if appropriate under program guidelines) and property sale-
using proceeds for other affordable housing development activities
operated by the Housing Authority of the County ofClallam.
. Any other affordable housing/community development activity approved
by the HACC Board or contained in the HACC HUD Annual Plan.
~TERLOCALAGREEMENT
Page 5
10/23/01
141
u.s. Department of Housing and Urban Development .
Office of Housing
Special Attention of:
All Homeownership Center Directors
All REO Directors
All Real Estate Owned Branch Chiefs
All Management and Marketing Contractors
Notice H 00-7 (HUD)
Issued: 4/28/00
Expires: 4/30/01
Cross References:
Subject:
Implementation of"$1 Home Sales to Local Governments Program"
The Department is seeking means to expand its partnership with local governments in
helping to foster housing opportunities for low to moderate income families and address
specific community needs. One area of opportunity is sales of single family real estate
owned properties to local governments. The following changes to HUD's policy for the
sale of these properties will be in effect on May 1, 2000:
. Special Offering of Aging Inventory Properties to Local Governments
Properties which have been offered to the public for sale for six or more months
and are not presently under a sales contract will be removed from the market and offered
exclusively to local governments for $1 plus closing costs. To be eligibleJQ participate in
this new sales program, local governments may purchase properties within their
jurisdiction and must:
.
1. identify the intended disposition strategy(ies) and clear public purpose goals and
objectives it will pursue with properties purchased through this program;
2. affirm that all profits from resales of these $1 homes will go to support local
housing/community development initiatives;
3. identify what specific programs or uses these profits will support; and
4. agree to provide HUD's Homeownership Center (HOC) Program Support Division
Director with a report on June 1, 2000 and annually thereafter for all properties
purchased under this program. The report must include information on the ultimate
property purchaser, the amount of profit realized on the final sale and where the profit
was used.
HSIP Distribution: W-3-1, W-2(OGC)(H)(Z), W-3(A)(H)(ZAOO), W-4(H), R-I, R-2, R-3, R-3-I(H)(RC), R-3-2,
R-3-3, R-6, R-6-1, R-6-2, R-7, R-7-1, R-7-2, R-B, R-B-l
.
142
2
.
As part of its disposition strategy, the local government may indicate that it
intends to purchase the property and convey it to a nonprofit organization for
rehabilitation and resale to first time homebuyers, low to moderate income buyers or
some other public purpose objective. This is an acceptable approach, however, local
governments should be reminded that all information pertaining to the purchase and
subsequent resale must be included in the annual report provided to HUD's Program
Support Division Director. Failure of a local government to comply with any of the
above requirements will result in their removal from participation in this program.
Nonprofit organizations and entities such as housing authorities are not permitted
to directly purchase properties under this sales program. However, should the local
government identify an agency of government such as a housing authority to act as its
agent to purchase these properties, this is acceptable and sales contracts may be accepted
from them.
.
Prior to offering properties to local governments, the M&M contractor [and/or
HUD staff] must ensure that the property has been listed for sale for at least six months.
In order to calculate the length of time a property has been marketed, begin with the
original listing date. Do not include any period of time a property has been held off the
market. The total marketing time only includes days actually listed for sale. For
example, properties temporarily removed from the market when HUD enters into a sales
contract which are then relisted for sale due to the purchaser's failure to close, the days
the property was temporarily held off the market are not counted toward the 180 day
threshold. When the property is placed back on the market, the clock will resume ticking
towards meeting the six or more months of marketing to qualify for this program.
On May 1, 2000, all M&M contractors must inform the local governments of the
start of this new program. A sample letter is attached that must be used by the M&M
contractors to complete the notification process. In addition to the letters, the M&M
contractors are encouraged to contact all local governments via email. Local
governments should be provided with the appropriate website addresses that they can
access to obtain the listing of properties that are available for purchase under this new
program. As is done with the Officer Next Door and Teacher Next Door listings, the
M&M contractor must identify those properties eligible for the "$1 Home Sales to Local
Governments" program on their website. HUD's main web site will also provide
information on this program with appropriate links to the M&M contractors' websites.
Properties must be made available to local governments on a weekly basis with
new properties being added as they reach at least six months of marketing exposure. The
properties must remain available exclusively for purchase by local governments for 10
calendar days. A form HUD-9548, Sales Contract, must be received within this period
.
143
3
of time for consideration for the $1 sale. If sales contracts are received within this time
period but contain minor errors requiring correction, the M&M contractors must notify
the local governments of the required changes and allow five days for the submission of a
corrected sales contract.
.
An addendum to the sales contract must be completed by the local government
purchasing the property and submitted with the sales contract. The attached addendum
must identify the intended disposition strategy of the property. As mentioned previously,
the local government purchasers will be required, on an annual basis, to identify to the
HOC Program Support Division Director the ultimate disposition of the property and any
specific benefits accrued to the community.
In those instances where a local government has assessed liens against the
properties and fines are assessed, the local government must remove these liens at no cost
to HUD in an effort to facilitate the sale. In addition, the local governments will be
required to absorb the closing costs involved with each property sale transaction. HUD,
however, will continue to pay its closing agent's fee and any wire transfer expenses.
If local governments do not submit a sales contract within 10 calendar days, single
unit properties will then be offered exclusively to Officer Next Door/Teacher Next Door
participants for an additional 10 calendar day period. If properties remain available for .
sale after this offering, local governments may submit offers to purchase these aged
properties for $1. Consideration will only be given to these offers if no other acceptable
offers have been received from the public. M&M contractors are to ensure that their
websites are properly maintained to ensure accurate, up to date, information relative to
property availability.
. Outreach efforts by HUn and M&M contractors
Many local governments are unaware of the opportunities for purchase ofHUD-
owned single family homes. HOC staff, in conjunction with local Community Builders,
and the M&M contractors must immediately begin conducting outreach efforts to all
local governments within their jurisdiction. M&M contractors must complete the
notification of this new program to the local governments within one week from the date
of this Notice. HOC REO staff must ensure that the M&M contractors complete this
notification promptly.
. Demolition consideration.
It should be noted that the local government may recommend the demolition of
any property which is currently available for purchase by that entity. To consider
demolition, the following criteria must be met:
.
144
.
4
1. HUD's last listed price, plus the cost of rehabilitating the property to meet HUD's
Minimum Property Standards (MPS) is more than 130 percent of the after
rehabilitation value. The determination of rehabilitation cost and the after
rehabilitation value may require the M&M contractor to procure the services of a
structural engineer, appraiser, and/or special inspectors. The appraisal must include
the fair market value of the land. The cost to procure the previously mentioned
services will be treated as pass through expenses. '
2. The cost of demolition may not exceed the cost of rehabilitating the property to meet
MPS.
3. Review the Environmental Compliance Record to determine whether the property is
listed on the National Register of Historic Places or located in a Historic District. If
the property is classified as "historic", review any conditions on the disposition of the
property to determine whether demolition is permitted. If so, follow any conditions
imposed in conjunction with the demolition.
In the event that the M&M contractor and HUD are in agreement that the above
criteria have been satisfied, demolition of the property should be completed by the M&M
contractor. HUD will pay for the demolition and clearing of the debris.
.
Following demolition, the land should be listed for sale to the general public for
10 calendar days at its fair market value. The M&M contractors are reminded that the
sales commission for vacant lots is 10 percent with a minimum of $200. Should no
acceptable offers be received from the general public, the land should be offered to the
local governments for $1 for 10 calendar days. In the event the local governments have
no interest in the land, the property would be relisted on the general listing until the
property is sold.
. Offering to Officer Next Door/Teacher Next Door Participants
If the local governments fail to submit a sales contract within the timeframe
identified above, the single unit properties should be relisted for sale exclusively to
Officer Next Door/Teacher Next Door participants for a 10 calendar day period. During
this time, the property will not be offered to nonprofit organizations and units of state and
local governments. With the exception of multiple unit properties, all properties will be
made available for purchase to these participants. Discount levels previously established
for Officer Next Door/Teacher Next Door apply. It is important to note here that the
discount received by the Officer Next Door/Teacher Next Door participant will be based
on the adjusted list price not the appraised value.
.
5
145
. Best Offer Approach
.
Should properties remain unsold after the offering of aging inventory to Officer
Next Door/Teacher Next Door Program participants, the property should be relisted for
sale to the general public.
. Restatement of As Is Policy
HOC staff and the M&M contractors are reminded that properties are sold "as is."
The Department believes that an "as is" sale is the fairest, most straight forward sales
method. However, even though HUD sells its properties "as is," it is HUD's policy, as a
good neighbor, to keep the properties in a safe, secure, and well-maintained manner.
Specifically, HOC staff must ensure that as required by their contract, the M&M
contractors:
. Routinely inspect and take all actions necessary to preserve, protect, and maintain
each property in a presentable condition at all times.
. Secure the property to prevent unauthorized entry using a locking system determined
to be acceptable to the GTR;
. Protect the property from damage from the elements, through such measures as
repairing broken windows, patching roof leaks, and replacing functional shutters;
.
. Correct ANY condition that presents a health or safety hazard to the public or to the
property within 24 hours of discovery. This would include repair of broken steps
and/or floorboards, removal of hazardous material such as gasoline cans and/or oil-
soaked rags, and removal of dead animals and/or feces.
. Remove and properly dispose of all interior and exterior debris immediately after
property conveyance and on a continual basis;
. Maintain lawn, shrubbery and trees consistent with neighborhood standards, as well
as prompt snow removal from private access and public walkways consistent with
local ordinances;
. Winterize all operating systems and equipment, including but not limited to shutting
water off to external spigots and filling internal water systems with antifreeze.
. Properly secure swimming pools, spas, etc, including draining the pools, covering
pools, and protecting linings, as required by local ordinance;
6
.
146
.
. Correct factors which may cause deterioration of the property, for example, installing
a sump pump to stop water from seeping into a basement.
. Maintain each property in such a way as to prevent any deterioration in condition or
value to the property between the time that it is assigned the property and the time it
conveys the property to a purchaser.
. Repair all damage due to vandalism.
The Department is excited about these new opportunities for expanding
partnerships with local governments. We will continue to expand current programs, such
as "Asset Control Area" agreements with state and local governments and nonprofit
organizations for the purchase of a pre-defined flow of HUD' s property acquisitions.
If you have any question regarding these new approaches, please contact Wanda
Sampedro of the Asset Management Division at (202) 708-1672.
.
William Apgar
Assistant Secretary for Housing-
Federal Housing Commissioner
Attachments
.
147
.
.
.
148
.
~
,
DATE:
To:
FROM:
SUBJECT:
~ORT ,ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
July 16, 2002
MAYOR WIGGINS AND CITY COUNCIL CL:Q.
Timothy J. Smith, Economic Development Direc& -
Sublease Agreement between City and Pier Group LLC re: Ehm Proposal for Oak
Street Conference Center Development
Summary: Last year, at the recommendation of the Lodging Tax Advisory Committee and direction of City
Council, staff implemented a Request for Proposal process to solicit the development of a dedicated Port
Angeles Conference Center facility. Three proposals were received and reviewed with the Ehm Architecture
Proposal being selected as the preferred proposal. City staff and the Lodging Tax and Downtown Forward
advisory committees have continued to analyze the proposal and work closely with Ehm throughout a "due
diligence" process. The City has entered into a Letter of Intent to undertake specified actions in the furtherance
of the development of the project together with Ehm, the Port, and the Department of Natural Resources.
Subject to the Letter of Intent, a sublease agreement between Ehm (the Pier Group) and the City has been
negotiated by staff. The sublease has been identified by the DNR as an important element necessary to assure
the preservation and enhancement of the state-owned aquatic tidelands adjacent to the project.
Recommendation: Staff recommends that Council authorize the Mayor to sign the sublease provided that
(1) the Port/DNRlEhm property transaction is finalized, (2) the DNRlEhm lease is executed and (3) an
a reement between the Ci and Ehm for commitment ofthe Lod in Tax Fund is finalized.
Back1!:round Last year, at the recommendation of the Lodging Tax Advisory Committee (L T AC) and direction
of City Council, staff implemented a Request for Proposal (RFP) process to solicit the development of a Port
Angeles Conference Center facility capable of accommodating conference groups of up to 500 people. The
Conference Center RFP was developed with assistance and input by the City's Lodging Tax Advisory
Committee (L T AC), and Downtown Forward Advisory Committee. Two proposals were received and reviewed
with the Ehrn Architecture Proposal being selected as the preferred proposal.
The Ehrn Project proposes the development ofa facility on the Port of Port Angeles (Port) and Department Of
Natural Resources (DNR) site, commonly known as the Oak Street Site. As a result, the City and Ehrn have
worked closely with the Port and DNR throughout the review and due diligence phases necessary to negotiate
and potentially finalize a commitment of City Lodging Tax towards implementing the proposal. Most recently,
the review process has resulted in (I) the determination that the proposed project "substantially meets the issues
of due diligence", and (2) the signing of a Letter of Intent (attached) between the City, Port, DNR and Ehrn to
continue forward with final negotiations in an effort to bring the proposed project to fruition. Ongoing
negotiations in that regard have thus far resulted in a successful negotiation between the Port and Ehm for the
Port land associated with the Oak Street Site, a negotiation between the Port and DNR staff for a property trade
which can facilitate the implementation of the project, and negotiation between the DNR and Ehm for a long-
term lease for that portion of the Oak Street Site owned by DNR.
..
The land trade between the Port and DNR, and the subsequent lease between the DNR and Ehm are conditioned
by DNR on the following benefits to the citizens of Washington State:
1. The State will receive annual lease payments of $50,000+ from a private party.
2. An enhancement of state-owned aquatic tidelands for public recreation and access will be
accomplished.
3. Water dependent uses will not be precluded in the harbor area
4. Environmental protection of aquatic tideland functions will not be negatively impacted.
5. The project enhances State tourism and business infrastructure.
In an effort to help facilitate an appropriately accomplish items #2-5 from the preceding list of public benefits,
the DNR and the Port have encouraged Ehm and the City to consIder a sublease from Ehm to the City for a
portion of the DNR land leased to the project. City staff negotiations with Ehm have resulted in the attached
sublease which is consistent with the City's commitment to Ehm, the Port and DNR as outlined in the Letter
of Intent . The sublease has been drafted with input by the City's Economic Development Director, Parks and
Recreation Director, City Attorney, and City Manager, and has also included input by the Port and DNR staff.
The accomplishment of the sublease has been identified by the DNR as an important element which will assure
the preservation and enhancement of the state-owned aquatic tidelands for the public good and benefit of the
citizens of Washington State. To accomplish that goal, the sublease includes the following key elements:
SECTION 1 PROPERTY: The subleased area is a portion of the land which Ehm will lease from DNR, and
which excludes other portions which Ehm will retain for on-site parking and a perimeter around the northerly
part of the hotel/conference center structure.
SECTION 2 USE: The permitted use of the sublease area shall be for public access and passive park use. The
design for the area and its enhancements are shown in Exhibit C. The area use, improvements and amenities
have been coordinated to meet the intent for public benefit as prescribed by the DNR and have been designed
with input from the City Parks and Recreation Department under the guidance and approval of the Department
Director and City Manager.
SECTION 3 TERM: The term is for 30 years commencing September 1, 2002, which is the maximum term
allowable by DNR. At the end of the proposed 30 year term a new lease may be negotiated by the parties.
SECTION 4 CONSIDERATION: Zero rent will be assessed for the subleased area, as the consideration for
use of the property shall be the maintenance of the public access and use improvements by the City. The Pier
Group (Ehm) shall pay the City $15,000 per year for the first 5 years of maintaining the improvements. The
construction and installation of the improvements estimated at approximately $408,000 shall also be paid for
by the Pier Group with the exception that the City would provide half the cost of the paved pedestrian trail
improvements which has been estimated to be one-half of approximately $71,700, subject to final design. The
City additionally agrees to assist the Pier Group in the submission of a Clallam County Opportunity Fund
application to potentially finance a portion their costs for the agreed improvements.
SECTION 5 OTHER EXPENSES: The City shall pay all fees charged for utilities, taxes and assessments
(excluding leasehold excise taxes) in connection with the City's leasehold interest, improvements, occupancy,
and use of the subject area.
It is recommends that Council authorize the Mayor to sign the sublease provided that (1) the PortJDNR/Ehm
property transaction is finalized, (2) the DNR/Ehm lease is executed and (3) an agreement between the City and
Ehm for commitment of the Lodging Tax Fund is finalized.
LETTER OF INTENT
This letter of intent memorializes the mutual intent of the parties to undertake specified actions in
furtherance of the development ofa motel, restaurant and convention center complex (the "project")
on the property hereafter identified. All exhibits referenced herein are incorporated by such reference.
1. Parties. The parties to this letter of intent are: Pier Group L.L.c. or its assigns
("Developer"); The Port of Port Angeles ("Port"); The City of Port Angeles ("City"); and the
State of Washington Department of Natural Resources ("DNR").
2. Property. The property proposed as the project site and the current ownership thereof is
described in Exhibit 1 and depicted on Exhibit 2.
3. Proiect. The project to be undertaken by Developer is generally described in Exhibit 3 and
the accompanying site plans and elevations (Exhibits 3A through~. It is acknowledged
the final design of the proposal is likely to be modified during environmental review and
permit processing, but that the principal components of the project as narratively described in
Exhibit 3 will not be modified without the consent of all parties hereto.
4. Land exchange and boundary adiustment. The Port and DNR will pursue approval ofa
land exchange by the Board of Natural Resources (pursuant to RCW 79.90.457, WAC
332-30-170 and other applicable laws) whereby all right, title and interest of the DNR in
Parcel C as depicted and described in Exhibit 4 will be transferred to the Port in exchange for
transfer by the Port to DNR of all of its right, title and interest in Parcel D as depicted and
described in Exhibit 4. The Port and DNR also agree, contingent upon approval of the land
exchange by the Board of Natural Resources, to jointly seek a boundary adjustment from the
City for the land exchange herein described. The Port shall bear all survey and appraisal
costs, recording fees and all other expenses associated with the land exchange process and
boundary adjustment. An appraisal submitted by the port and reviewed for completeness by
DNR may be acceptable for determining values for this land exchange.
5. Port conveyance. The Port will grant and convey to Developer good and marketable title to
Parcels A and C as depicted and described in Exhibit 4, together with a quit claim of any
interest the Port may have in improvements, including fill, situate on Parcels Band E as
depicted and described on Exhibit 4, for the total sum of One Million and No/lOO
($1,000,000.00), all cash at closing.
- 1 -
6. DNR lease Parcels Band D. DNR will enter into a new 55-year tidelands lease with
Developer for Parcels Band D as depicted and described in Exhibit 4. The rent to be charged
by DNR for Parcel B will be based upon the ultimate usage of the parcel in accordance with
formulas and examples set forth in Exhibit 5. The parties understand and acknowledge that
the rent to be paid for Parcel D shall at all times be non-water dependent rent as that term is
defined in applicable state laws and shall be in the initial amount specified in Exhibit 5 and
shall be subject to adjustment over time based upon changes in assessed value of the adjoining
upland parcel as more specifically described in Exhibit 5. The parties further acknowledge
that the rent to be paid by Developer for Parcel B is anticipated to be a combination of non-
water dependent and public access rentals. The formulas and examples set forth in Exhibit 5
are acknowledged to not necessarily represent the ultimate design and usage for Parcel B.
The parties acknowledge that final negotiation of usages and rents for Parcel B will be
conducted in conjunction with or at the conclusion of permit processes for the development of
the project. Use classifications for the state owned parcels leased to the Port or the Developer
shall be determined by DNR. The portions of Parcel B developed for public access to the
shorelines will be dedicated by Developer to such use and may be subleased to the City for
park purposes. Those areas so dedicated shall not be subject to payment of any rentals to
DNR so long as authorized under RCW 79.90.470. Said leases shall reserve to the Port an
easement for access for Port purposes to the harbor area lying north of Parcel B and the dock
located in the harbor area identified as Parcel F. The leases shall also reserve an easement for
public trail purposes in favor of the City in the area depicted on Exhibit 3 and Exhibit 4.
7. Conthwous harbor area leases. Harbor areas abut Parcel B on the north and include an
area of filled harbor area and riprap approximately 75 feet in width (parcel E on Exhibit 4)
and an existing pier depicted on Exhibit 4. The rent for the footprint of the riprap bulkhead
will be calculated at non water-dependent rates. The subject harbor area leases are legally
described in Exhibit 6. The Port will relinquish management of these harbor areas to DNR.
Thereafter DNR will lease the harbor areas depicted on Exhibit 4 as area F to the Port for
mixed uses, including water dependent, non water-dependent and public access uses, for a
new 3D-year term. It is anticipated the Port may sublease portions of this harbor area and
portions of the pier as depicted in Exhibit 4 to Developer for the 3D-year term. The Port shall
pay rentals for said harbor area lease from time to time as described in Exhibit 7. The harbor
area identified as Area E shall be leased by DNR to Developer for a new 3D-year term and
shall be dedicated to public access uses, subject also to easements reserved to the City and the
Port as identified in Section 6 above. A copy of the form for the proposed leases between the
Developer and DNR for Parcels B, D and E are attached as Exhibit 8.
- 2 -
8. City trail/park. Portions of Parcel B and Parcel E as depicted in Exhibit 4 may be subleased
by Developer to the City for public park and trail purposes. The areas anticipated to be
subleased to the City are depicted and described in Exhibit 3. Neither the City nor Developer
shall pay any rent to DNR for these public access areas as ultimately determined by DNR and
specified in the subject lease as being dedicated to public use.
9. Convention center. The City shall lease the convention center facilities described in
Exhibit 3 from the Developer for the sum of One Hundred Thousand Dollars ($100,000.00)
per year, to be paid from city lodging tax revenues. The City shall lease back the convention
center to Developer in consideration of the Developer's agreement to operate, maintain and
market the convention center in accordance with the terms of the business plan document and
marketing plan budget and implementation strategy previously submitted by Developer to the
City and dated the ~ day of UIht , 2002, and the terms of a convention center
sublease which remains to be negotiated prior to closing.
10. SEPA compliance. The City shall act as lead agency for State Environmental Policy Act
review and compliance associated with all governmental actions contemplated herein.
11. Due dilh!ence / 200d faith. The parties acknowledge Developer has: made "substantial
progress" on pre-design of the building structure and site improvements; submitted a business
plan document acceptable to the City; submitted a preliminary marketing plan budget and
implementation strategy acceptable at this stage to the City; provided satisfactory evidence
that project financing is available and provided project development schedule all as
contemplated by the letter of intent between the City and Ehm Architecture and dated January
30,2002 ("due diligence phase requirement letter"). The parties hereto further acknowledge
that execution of this letter of intent by all parties satisfies the remaining terms of said due
diligence phase requirement letter. The parties mutually agree to pursue with good faith and
due diligence the closing of this transaction through signing of definitive agreements
consistent herewith. The parties hereto acknowledge that a number of matters pertinent to
the finalization of this transaction remain to be negotiated. Those items include, but are not
limited to, the following:
(a) establishing a schedule for permit processing and closing of the real estate
transactions identified above;
(b) final approval of the Developer's marketing plan, budget and implementation
strategy by the City;
- 3 -
( c) development of final documents consistent with this letter of intent, to be
utilized at closing;
(d) development of mutually acceptable definitive plans to provide adequate
parking for the project;
(e) allocation of closing costs;
(t) approval by all parties offinal design and acceptance by Developer of permits
as issued.
12. Not a bindim! contract. Neither this document nor anything contained herein shall be
construed as an actual agreement or contract. This letter is not intended to have legally
binding effect, but is an expression of intent. By signing this letter the parties declare they will
deal in good faith towards the goal of reaching the future agreements discussed herein.
13. Counterpart sh!natures. This Letter oflntent may be signed by the parties in counterpart.
PIER GROUP L.L.C.
PORT OF PORT ANGELES
By:
Date:
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CITY OF PORT ANGELES
STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES
By: ~ca<..:.--
J
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Date: G~ I J.. \ J OL
- 4 -
CITY OF PORT ANGELES
AND
PIER GROUP L.L.C.
SUBLEASE
(Public Space)
TABLE OF CONTENTS
SECTION
BACKGROUND
1. PROPERTY
1.1 Property Defined
1.2 Condition of Property
2. USE
2.1 Permitted Use
2.2 Restrictions on Use
2.3 Conformance with Laws
2.4 Liens and Encumbrances
3. TERM
3.1 Term Defined
3.2 Renewal of the Lease
3.3 Delivery of Possession
3.4 Hold Over
4. CONSIDERATION
5. OTHER EXPENSES
5.1 Utilities
5.2 Taxes and Assessments
5.3 Right to Contest
5.4 Proof of Payment
6. IMPROVEMENTS
6.1 Existing Improvements
6.2 Improvements
6.3 Construction
7 . ENVIRONMENTAL LIABILITY /RISK ALLOCATION
7.1 -Definition
7.2 Use of Hazardous Substances
7.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate
7.4 Notification and Reporting
7.5 Cleanup
7.6 Sampling by Lessor, Reimbursement, and Split Samples
7.7 Reservation of Rights
PAGE
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4
4
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5
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8.
ASSIGNMENT
8.1 Pier-Group Consent Required
8.2 Terms of Assignment
INDEMNITY, FINANCIAL SECURITY, INSURANCE
MAINTENANCE AND REPAIR
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9.
10.
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City of Port Angeles & Pier Group Sublease
11. DAMAGE OR DESTRUCTION
12. DEFAULT AND REMEDIES
13. ENTRY BY PIER GROUP
14. NOTICE
15. MISCELLANEOUS
15.1 Authority
15.2 Successors and Assigns.
15.3 Headings
15.4 Entire Agreement
15.5 Time is of the Essence
15.6 Language
15.7 Invalidity
15.8 Applicable Law and Venue
15.9 Recordation
15.10 Modification
EXHIBIT A
EXHIBIT B
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City of Port Angeles & Pier Group Sublease
CITY OF PORT ANGELES
AND
PIER GROUP L.L.C.
AQUA TIC LANDS SUBLEASE
(Public Space)
THIS SUBLEASE is made by and between the City of Port Angeles ("City") and Pier
Group L.L.C., a pending corporation ("Pier Group").
BACKGROUND
City desires to sublease the aquatic lands in what is commonly known as the Strait of
Juan de Fuca, which are tidelands and harbor area located in Clallam County, Washington, from
Pier Group, and Pier Group desires to sublease the property to City pursuant to the terms and
conditions of this Sublease.
THEREFORE, the parties agree as follows:
SECTION 1 PROPERTY
1.1 Property Defined. Pier Group subleases to City and City subleases from Pier
Group the real property described in Exhibit A together with all the rights of Pier Group, if any,
to improvements on and easements benefiting the property, but subject to the exceptions and
restrictions set forth in this Sublease (collectively the "Property"). This Sublease is subject to all
valid interests of third parties noted in the records ofClallam County, or on file in the office of
the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public
Trust Doctrine or federal navigation servitude; and treaty rights of Indian tribes. This Sublease is
also subject to the Lease between the State of Washington and Pier Group, Lease No. 20-074165,
which is attached hereto as Exhibit B ("Lease"). Not included in this Sublease are any right to
harvest, collect or damage any natural resource, including aquatic life or living plants, any water
rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other
valuable materials. Pier Group reserves the right to locate on the Property storm drainage
facilities serving its adjacent property, provided that such facilities shall not interfere with the
City's permitted use. This Sublease is subject to an easement in favor of the Port of Port
Angeles, its successors and assigns for pedestrian and vehicular access to harbor areas lying
north of the leased premises, and to maintain an existing pier, its pilings and underpinnings, over,
under and across a strip ofland thirty (30) feet in width, being fifteen (15) feet on each side of
the north-south center line ofthe existing pier.
1.2 Condition of Property. Pier Group represents that the Property and
improvements located on the Property are suitable for City's Permitted Use, comply with
governmental laws and regulations, have available utility rights, have access to the Property, and
do not have hazardous substances.
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City of Port Angeles & Pier Group Sublease
SECTION 2 USE
2.1 Permitted Use. City shall use the Property for public access and passive park use
(the "Permitted Use") and for no other purpose. The Permitted Use is described or shown in
greater detail in Exhibit C, the terms and conditions of which are incorporated by reference and
made a part of this Sublease. The parties agree that this is 77,587 square feet of non water-
dependent use.
2.2 Restrictions on Use. City shall not cause or permit any damage to natural
resources on the Property. City shall also not cause or permit any filling activity to occur on the
Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste
matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or
other matter in or on the Property, except as approved in writing by Pier Group. City shall
neither commit nor allow waste to be committed to or on the Property. If City fails to comply
with all or any of the restrictions on the use of the Property set out in this Subsection 2.2, Pier
Group shall notify City and provide City a reasonable time to take all steps necessary to remedy
the failure. If City fails to do so in a timely manner, then Pier Group may take any steps
reasonably necessary to remedy this failure. Upon demand by Pier Group, City shall pay all
costs of such remedial action, including but not limited to the costs of removing and disposing of
any material deposited improperly on the Property. This section shall not in any way limit either
party's liability under Section 7 below.
2.3 Conformance with Laws. City shall, at all times, keep current and comply with
all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes,
and other government rules and regulations regarding its use or occupancy of the Property.
2.4 Liens and Encumbrances. City shall keep the Property free and clear of any
liens and encumbrances arising out of or relating to its use or occupancy of the Property.
SECTION 3 TERM
3.1 Term Defined. The term of this Sublease is thirty (30) years (the "Term"),
beginning on the 1st day of September, 2002 (the "Commencement Date") and ending on the
31st day of August, 2032 (the "Termination Date") unless terminated sooner under the terms of
this Sublease.
3.2 Renewal of the Lease. The Sublease is for the maximum allowed term. At the
end of term a new Sublease may be negotiated by the parties.
3.3 Delivery of Possession. If Pier Group, for any reason whatsoever, cannot deliver
possession of the Property to City on the Commencement Date, the date of delivery of
possession shall nonetheless be deemed to be the Commencement Date. In the event City takes
possession before the Commencement Date, the date of delivery of possession shall also be
deemed to be the Commencement Date.
3.4 Hold Over. If City remains in possession of the Property after the Termination
Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a
month-to-month tenancy, on terms identical to the terms of this Sublease, which may be
terminated by either party on thirty (30) days written notice.
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City of Port Angeles & Pier Group Sublease
SECTION 4 CONSIDERATION
Zero rent will be assessed for the Property. The consideration for use of the Property
shall be the maintenance by the City of the public access and use improvements constructed on
the Property as set forth in Subsection 6.3 and Exhibit C, which improvements shall include a
paved pedestrian trail and additional park amenities. Pier Group shall pay for the construction
and installation of said improvements, with the exception that the City shall equally participate in
the construction and installation of the paved pedestrian trail portion. Pier Group may attempt to
meet its obligation by obtaining the funding for the improvements from the Clallam County
Opportunity Fund, and City will assist Pier Group in submitting and supporting an application
for such funding. Pier Group shall pay the City $15,000 per year for the first five years of
maintaining the improvements, said payments to be paid in monthly installments of$I,250.
SECTION 5 OTHER EXPENSES
During the Term, City shall pay the following additional expen~es:
5.1 Utilities. City shall pay all fees charged for utilities in connection with the use
and occupancy of the Property, including but not limited to electricity, water, gas, and telephone
servIce.
5.2 Taxes and Assessments. City shall pay all taxes (excluding leasehold excise
taxes), assessments, and other governmental charges, of any kind whatsoever, applicable or
attributable to the Property, City's leasehold interest, the improvements, or City's use and
enjoyment of the Property.
5.3 Right to Contest. City may, in good faith, contest any tax or assessment at its
sole cost and expense
5.4 Proof of Payment. City shall, if required by Pier Group, furnish to Pier Group
receipts or other appropriate evidence establishing the payment of any amounts required to be
paid under the terms of this Sublease.
SECTION 6 IMPROVEMENTS
6.1 Existing Improvements. On the Commencement Date, there are no
improvements currently on the leasehold. Fill material on this site has attached to the realty and
become part of the land.
6.2 Improvements. So long as this Sublease remains in effect, Pier Group shall
retain ownership of all authorized improvements and trade fixtures it may place on the Property
(collectively" Improvements"). No Improvements shall be placed on the Property without prior
written consent of the parties.
6.3 Construction. Prior to any construction, alteration, replacement, removal or
major repair of any improvements, Pier Group shall submit to the City plans and specifications
which describe the proposed activity. Construction shall not commence until the City has
approved those plans and specifications in writing and Pier Group has obtained a performance
and payment bond in an amount equal to 125% of the estimated cost of construction. The
performance and payment bond shall be maintained until the costs of construction, including all
laborers and material persons, have been paid in full. City shall have sixty (60) days in which to
review the proposed plans and specifications. The plans and specifications shall be deemed
approved and the requirement for City's written consent shall be treated as waived, unless City
3 of 10 City of Port Angeles & Pier Group Sublease
notifies Pier Group otherwise within the sixty (60) days. Upon completion of construction, Pier
Group shall promptly provide City with as-built plans and specifications. Pier Group's consent
and approval shall not be required for any routine maintenance or repair of improvements made
by the City pursuant to its obligation to maintain the Property in good order and repair that does
not result in the construction, alteration, replacement, removal, or major repair of any
improvements on the Property.
SECTION 7 ENVIROMENT AL LIABILITY /RISK ALLOCATION
7.1 Definition. "Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamination or
cleanup, including, but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's
Model Toxics Control Act ("MTCA"), RCW 70.105D.OI0 et seq.
7.2 Use of Hazardous Substances. The parties covenant and agree that Hazardous
Substances will not be used, stored, generated, processed, transported, handled, released, or
disposed of in, on, under, or above the Property, except in accordance with all applicable laws.
7.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate.
(a) Pier Group represents that the condition of the Property includes the
following: Hazardous Substances, including those identified in the Sediment Investigation
Report attached as Exhibit C, are known to exist in, on, under or above the Property.
(b) The parties shall exercise the utmost care with respect to both Hazardous
Substances in, on, under, or above the Property as of the Commencement Date, and any
Hazardous Substances that come to be located in, on, under, or above the Property during the
Term of this sublease, along with the foreseeable acts or omissions of third parties affecting
those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The
obligation to exercise utmost care under this Subsection 7.3 includes, but is not limited to, the
following requirements:
(1) The parties shall not undertake activities that will cause, contribute
to, or exacerbate contamination of the Property;
(2) The parties shall not undertake activities that damage or interfere
with the operation of remedial or restoration activities on the Property or undertake activities that
result in human or environmental exposure to contaminated sediments on the Property;
(3) The parties shall not undertake any activities that result in the
mechanical or chemical disturbance of on-site habitat mitigation;
(4) If requested, the parties shall allow reasonable access to the
Property by employees and authorized agents of the Environmental Protection Agency, the
Washington State Department of Ecology, or other similar environmental agencies; and
(5) If requested, the parties shall allow reasonable access to potentially
liable or responsible parties who are the subject of an order or consent decree which requires
access to the Property. The parties' obligation to provide access to potentially liable or
responsible parties may be conditioned upon the negotiation of an access agreement with such
parties, provided that such agreement shall not be unreasonably withheld.
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City of Port Angeles & Pier Group Sublease
7.4 Notification and Reporting.
(a) The parties shall immediately notify each other if they become aware of
any of the following:
(1) A release or threatened release of Hazardous Substances in, on,
under, or above the Property, any adjoining property, or any other property subject to use by the
parties in conjunction with their use of the Property;
(2) Any problem or liability related to, or derived from, the presence
of any Hazardous Substance in, on, under, or above the Property;
(3) Any actual or alleged violation of any federal, state, or local
statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect
to the Property, any adjoining property, or any other property subject to use by the parties in
conjunction with their use of the Property;
(4) Any lien or action with respect to any of the foregoing; or,
(5) Any notification from the US Environmental Protection Agency
(EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of
Hazardous Substances is or may be required at the Property.
(b) Upon request, the parties shall provide each other with copies of any and
all reports, studies, or audits which pertain to environmental issues or concerns associated with
the Property, and which were prepared for either party and submitted to any federal, state or local
authorities pursuant to any federal, state or local permit, license or law. These permits include,
but are not limited to, any National Pollution Discharge and Elimination System Permit, any
Army Corps of Engineers permit, any State Hydraulics permit, any State Water Quality
certification, or any Substantial Development permit.
7.5 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the
Property, arising out of any action, inaction, or event described or referred to in this Section, the
applicable party shall, at its sole expense, promptly take all actions necessary or advisable to
clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal,
containment and remedial actions and shall be performed in accordance with all applicable laws,
rules, ordinances, and permits. The applicable party's obligation to undertake a cleanup under
this Subsection 7.5 shall be limited to those instances where the Hazardous Substances exist in
amounts that exceed the threshold limits of any applicable regulatory cleanup standards.
7.6 Sampling by Lessor, Reimbursement, and Split Samples.
(a) Pier Group, its Lessor, or the City may conduct sampling, tests, audits,
surveys, or investigations ("Tests") of the Property at any time to determine the existence, scope,
or effects of Hazardous Substances on the Property, any adjoining property, any other property
subject to use by the parties in conjunction with their use of the Property, or any natural
resources.
(b) The parties shall be entitled to obtain split samples of any Test samples.
The additional cost, if any, of split samples shall be borne solely by the requesting party.
(c) Within thirty (30) calendar days of a written request (unless otherwise
required pursuant to Subsection 7 A(b) above, either party to this Sublease shall provide the other
party with validated final data, quality assurance/quality control information, and chain of
custody information, associated with any Tests of the Property such party may have. There is
no obligation to provide any analytical summaries or expert opinion work product.
7.7 Reservation of Rights. The parties expressly reserve and do not waive or
relinquish any rights, claims, immunities, causes of action, or defenses relating to the presence,
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City of Port Angeles & Pier Group Sublease
release, or threatened release of Hazardous Substances in, on, under, or above the Property, any
adjoining property, or any other property subject to use by the parties in conjunction with their
use of the Property, that either party may have against the other under federal, state, or local
laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim,
immunity, or defense either party may have against third parties is affected by this Lease and the
parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of
risks, liabilities, and responsibilities set forth above do not release either party from, or affect
either party's liability for, claims or actions by federal, state, or local regulatory agencies
concerning Hazardous Substances.
SECTION 8 ASSIGNMENT
8.1 Pier Group's Consent Required. City shall not sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of City's interest in this Sublease
or the Property without Pier Group's prior written consent.
Each permitted transferee shall assume all obligations under this Sublease,
including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of City.
8.2 Terms of Assignments
All assignments shall be submitted to Pier Group for approval and shall meet the following
requirements:
(a) The assignment shall be consistent with and subject to all the terms and
conditions of this Sublease;
(b) The assignment shall confirm that if the terms of the assignment conflict
with the terms of this Sublease, this Sublease shall control;
(c) The term of the assignment (including any period of time covered by a
renewal option) shall end before the Termination Date of the initial Term or any renewal term;
(d) The assignment shall terminate if this Sublease terminates, whether upon
expiration of the Term, failure to exercise an option to renew, cancellation of the Lease by the
State, surrender or for any other reason;
(e) The assignee shall receive and acknowledge receipt of a copy of this
Sublease;
(t)
by this Sublease.
The assignee's permitted use shall be within the Permitted Use authorized
SECTION 9 INDEMNITY, FINANCIAL SECURITY, INSURANCE
Each party shall indemnify, defend, and hold harmless the other party, its employees,
officers, and agents from any and all liability, damages (including bodily injury, personal injury
and damages to land, aquatic life, and other natural resources), expenses, causes of action, suits,
claims, costs, fees (including attorneys' fees), penalties, or judgments, of any nature whatsoever,
arising out of the use, occupation, or control of the Property by the indemnifying party, its
subtenants, invitees, agents, employees, licensees, or permittees, except as may arise out of the
willful or negligent act the other party or the other party's employees or agents. The parties'
liability to each other for Hazardous Substances, and their obligation to indemnify, defend, and
hold the each other harmless for Hazardous Substances, shall be governed exclusively by
Section 7.
6 of 10
City of Port Angeles & PIer Group Sublease
SECTION 10 MAINTENANCE AND REPAIR
City shall keep and maintain the Property and all improvements (regardless of
ownership) in good order and repair, in a clean, attractive, and safe condition.
SECTION 11 DAMAGE OR DESTRUCTION
In the event of any damage to or destruction of the Property or any improvements,
City shall promptly give written notice to Pier Group. Unless otherwise agreed in writing, or
unless the damage or destruction has been caused by Pier Group, City shall promptly,
reconstruct, repair, or replace the Property and any improvements as nearly as possible to its
condition immediately prior to the damage or destruction.
(a)
the following:
SECTION 12 DEFAULT AND REMEDIES
Either party shall be in default of this Sublease on the occurrence of any of
(1) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(2) Failure to comply with any other provision of this Sublease; or
(3) Two or more defaults over a period of time, or a single serious
default, that demonstrates a reasonable likelihood of future defaults in the absence of corrective
action by said party.
(b) A default shall become an event of default ("Event of Default") if said
party fails to cure the default within sixty (60) days after the other party provides the defaulting
party with written notice of default, which specifies the nature of the default.
SECTION 13 ENTRY BY PIER GROUP
Pier Group shall have the right to enter the Property at any reasonable hour to inspect for
compliance with the terms of this Sublease.
SECTION 14 NOTICE
Any notices required or permitted under this Sublease may be personally delivered, delivered by
facsimile machine, or mailed by certified mail, return receipt requested, to the following
addresses or to such other places as the parties may direct in writing from time to time:
Pier Group:
PIER GROUP LLC
c/o Ehm Architecture
2707 California Avenue SW
Seattle, W A 98116
City:
City of Port Angeles
321 East 5th Street
P.O. Box 1150
Port Angeles, W A 98362
7 of 10
City of Port Angeles & Pier Group Sublease
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
SECTION 15 MISCELLANEOUS
15.1 Authority. City and the person or persons executing this Sublease on behalf of
City represent that City has full right and authority to enter into this Sublease and that each and
every person signing on behalf of City is authorized to do so. Upon Pier Group's request, City
will provide evidence satisfactory to Pier Group confirming these representations
15.2 Successors and Assigns. This Sublease shall be binding upon and inure to the
benefit of the parties, their successors and assigns.
15.3 Headings. The headings used in this Sublease are for convenience only and in no
way define, limit, or extend the scope of this Sublease or the intent of any provision.
15.4 Entire Agreement. This Sublease, including the exhibits and addenda, if any,
contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any,
are merged into this Sublease.
15.5 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every
provision of this Sublease.
15.6 Language. The words"City" and "Pier Group" as used in this Sublease shall be
applicable to one or more persons, as the case may be. The singular shall include the plural, and
the neuter shall include the masculine and feminine. The word "persons," whenever used, shall
include individuals, firms, associations, and corporations.
15.7 Invalidity. If any provision of this Sublease shall prove to be invalid, void, or
illegal, it shall in no way affect, impair, or invalidate any other provision ofthis Sublease.
15.8 Applicable Law and Venue. This Sublease shall be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising
out of or in connection with this Sublease shall be in the Superior Court for Clallam County,
Washington.
15.9 Recordation. City shall record this Sublease or a memorandum documenting the
existence of this Sublease in the county in which the Property is located, at City's sole expense.
The memorandum shall, at a minimum, contain the Property description, the names of the parties
to the Sublease, and the duration ofthe Sublease.
15.10 Modification. Any modification of this Sublease must be in writing and signed
by the parties. Neither party shall be bound by any oral representations or statements.
8 of 10
CIty of Port Angeles & Pier Group Sublease
THIS SUBLEASE requires the signature of all parties and is executed as of the date of
the last signature below.
CITY:
PIER GROUP:
CITY OF PORT ANGELES
PIER GROUP L.L.C.
BY
BY:
Title
Title
,2002
Dated:
2002.
Dated:
Attest:
Approved as to form:
STATE OF WASHINGTON)
) ss.
County of )
I certify that I know or have satisfactory evidence that Glenn Wiggins is the person who
appeared before me, and is the Mayor of the City of Port Angeles. I further certify that said
person acknowledged the foregoing to be the free and voluntary act of the City of Port Angeles
for the uses and purposes mentioned in the instrument, and on oath stated that he is duly
authorized to execute and acknowledge said instrument.
Dated this
day of July, 2002.
Notary Public in and for the State of Washington,
Residing at Port Angeles.
My commission expires:
9 of 10
City of Port Angeles & Pier Group Sublease
STATE OF WASHINGTON)
) ss.
County of Clallam )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and is the President/Secretary/Managing Partner/General
Partner of Pier Group, L.L.c. ("Pier Group"). I further
certify that said person acknowledged the foregoing instrument to be the free and voluntary act
of the Pier Group for the uses and purposes mentioned in the instrument, and on oath state that
he/she is duly authorized to execute and acknowledge said instrument.
Dated this _ day of
,2002.
Notary Public in and for the State of Washington,
Residing at Port Angeles.
My commission expires:
F .Leases/20-074165/PierGroupLease
July 15,2002
10 of 10
CIty of Port Angeles & Pier Group Sublease
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EXHIBIT A
LEGAL DESCRIPTION
Pier Group, LLC sublease to the City of Port Angeles
THAT PORTION OF WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES LEASE NUMBER
20-074165, BEING A PORTION OF THE PORT ANGELES HARBOR AND A PORTION OF BLOCK A OF PORT
ANGELES TIDE LANDS WEST OF LAUREL STREET, DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID BLOCK A, SAID CORNER BEING MARKED BY A
5/8-INCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED "NTI JOHNSTON PLS 37531" AS SHOWN ON
SURVEY RECORDED FEBRUARY 6, 2002 UNDER AUDITOR'S FILE NUMBER 2002-1078598 AND FILED IN
VOLUME 48 OF SURVEYS, PAGE 80, THENCE SOUTH 33021'23" WEST, ALONG THE EASTERLY LINE OF
SAID BLOCK A, A DISTANCE OF 50.96 FEET;
THENCE NORTH 60030'52" WEST, A DISTANCE OF 143.15 FEET;
THENCE NORTH 31044'19" EAST, A DISTANCE OF 114.59 FEET TO THE NORTHERLY LINE OF SAID LEASE;
THENCE SOUTH 64045'52" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF147.54 FEET;
THENCE SOUTH 33021'23" WEST, ALONG THE EASTERLY LINE OF SAID LEASE, A DISTANCE OF 74.76
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID BLOCK A, SAID CORNER BEING MARKED BY A
5/8-INCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED "NTI JOHNSTON PLS 37531" AS SHOWN ON
SURVEY RECORDED FEBRUARY 6, 2002 UNDER AUDITOR'S FILE NUMBER 2002-1078598 AND FILED IN
VOLUME 48 OF SURVEYS, PAGE 80, THENCE NORTH 33022'23" EAST, ALONG THE WESTERLY LINE OF
SAID LEASE, A DISTANCE OF 71.10 FEET TO THE NORTHERLY LINE OF SAID LEASE;
THENCE SOUTH 64045'52" EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 367.69 FEET;
THENCE SOUTH 31044'19" WEST, A DISTANCE OF 140.13 FEET;
THENCE SOUTH 60030'52" EAST, A DISTANCE OF 19.39 FEET;
THENCE SOUTH 31044'19" WEST, A DISTANCE OF 49.64 FEET TO THE SOUTHERLY LINE OF SAID LEASE;
THENCE NORTH 56037'03" WEST, A DISTANCE OF 276.42 FEET TO AN ANGLE POINT IN SAID SOUTHERLY
LINE;
THENCE SOUTH 33022'23" WEST, A DISTANCE OF 36.82 FEET TO THE SOUTHERLY LINE OF SAID BLOCK
A; THENCE NORTH 56037'03" WEST, ALONG THE SOUTHERLY LINE OF SAID BLOCK A, A DISTANCE OF
112.32 FEET TO THE WESTERLY LINE OF SAID BLOCK A;
THENCE NORTH 33"22'23"
SAID WESTERLY LINE, A
101.99 FEET TO THE TRUE
BEGINNING.
DISTANCES
ASHINGTO
NORTH ZONE,
URVEY
002 UNDER
UDITOR'S
NO FILED IN
PAGE 80.
ALL BEARINGS AND
ARE BASED ON THE
N COORDINATE SYSTEM,
NAD 83(91) AS SHOWN ON
RECORDED FEBRUARY 6,
CLALLAM COUNTY
FILE NUMBER 2002-1078598
VOLUME 48 OF SURVEYS,
EXHIBIT A
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LEGAL DESCRIPTION
Pier Group, LLC Access Easement to the Port of Port Angeles
THAT PORTION OF WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES LEASE NUMBER
20-074165, BEING A PORTION OF THE PORT ANGELES HARBOR AND A PORTION OF BLOCK A OF PORT
ANGELES TIDE LANDS WEST OF LAUREL STREET, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30-FEET IN WIDTH LYING 15-FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID BLOCK A, SAID CORNER BEING MARKED BY
A 5/8-1NCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED "NT! JOHNSTON PLS 37531" AS SHOWN
ON SURVEY RECORDED FEBRUARY 6, 2002 UNDER AUDITOR'S FILE NUMBER 2002-1078598 AND FILED
IN VOLUME 48 OF SURVEYS, PAGE 80, THENCE SOUTH 33021'23" WEST, ALONG THE EASTERLY LINE OF
SAID BLOCK A, A DISTANCE OF 65.99 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 60030'52" WEST, A DISTANCE OF 172.75 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT X AND THE TERMINUS OF THIS CENTER LINE DESCRIPTION.
TOGETHER WITH A STRIP OF LAND 60-FEET IN WIDTH LYING 3D-FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE AFOREMENTIONED POINT X, THENCE NORTH 31044'19" EAST, A DISTANCE OF 127.36
FEET TO THE NORTHERLY LINE OF SAID LEASE AND THE TERMINUS OF THIS CENTER LINE
DESCRIPTION.
THE SIDE LINES OF SAID STRIPS SHALL BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS
AND TO TERMINATE ON THE NORTHERLY LINE OF SAID LEASE AND TO TERMINATE ON THE EASTERLY
LINE OF SAID BLOCK A.
ALL BEARINGS AND DISTANCES ARE BASED ON THE WASHINGTON COORDINATE SYSTEM, NORTH
ZONE, NAD 83(91) AS SHOWN ON SURVEY RECORDED FEBRUARY 6, 2002 UNDER CLALLAM COUNTY
AUDITOR'S FILE NUMBER 2002-1078598 AND FILED IN VOLUME 48 OF SURVEYS, PAGE 80.
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EXHIBIT B
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commissioner of Public Lands
AQUA TIC LANDS LEASE
(Commercial)
Lease No. 20-074165
TABLE OF CONTENTS
SECTION PAGE
BACKGROUND.. ...... .... .......... ......... ............ .... ........ ........ ...... ....... ....... .............. ....... ......... ........... 1
1. PROPERTy....... ......................... ........ ....... ...................... .... ......... .............. ....... ......... ........ 1
1.1 Property Defmed........................................ ............ .................. ............................... 1
1.2 Survey, Maps, and Plans ...... ..... ........................... ................... ....... ...... ................... 1
1.3 Inspection................................................................................................................ 2
2. USE.. .............. ..... .................. ..................... ......... ............... ................ ........................ ......... 2
2.1 Permitted Use......... .... ..... .......... ............. :.................. ........................ ........ .............. 2
2.2 Restrictions on Use .............. ......... ................... ......... ............. ................ ........ ......... 2
2.3 Conformance with Laws ..... .......................... ...... ........... ......... .......... ............ .......... 2
2.4 Liens and Encumbrances ..... ......... .......... ............... ................ ........... ............. ......... 2
3. TERM ...... ..... ... ............................. ..... ............................... ............ ............... ................ ... .... 2
3.1 Term Defined ...... .......... .... ............... ...... .......... ...... ..... ....:. ........... ..... ...... .... ............ 2
3.2 Renewal of the Lease....... ..... ..... ....... ................ ...................... .................. ...... ........ 2
3.3 Delay in Delivery of Possession ............................................................................. 3
3.4 End of Term....... ............. ...... ........ ........ ................ ............. ............ ......................... 3
3.5 Hold Over.. ..... ................. ....... ... .... ... .......... .............................. ............. ........... ....... 3
4. RENT ...... .................. ......... ..... ............ ............ ......... .............. ........... ....... ........ ........ ........... 3
4.1 Annual Rent.......... ................. ................. ................ .......... ............................... ....... 3
4.2 Payment Place.. ...... ..................... ........ ......... .............................................. ............. 3
4.3 Adjustment Based on Use .......... ........ .... ...... ................... ......... ....................... ........ 3
4.4 Rent Adjustment for Water Dependent Uses.......................................................... 4
4.5 Rent Adjustment for Non Water Depend~nt Uses. ................................................. 4
4.6 Rent Adjustment Procedures.. .... ......... ......... .............. ..... .............. ......... ................. 4
5. OTHER EXPENSES ........ ...... ......... ........... ................................ ........ ........... ............. ........ 5
5.1 Utilities....... ......... ................. ...... ....... .......... .............. ...... ..... .............. ..... ................ 5
5.2 Taxes and Assessments ................... ......... .................. ...... ............. ............. ............. 5
5.3 Right to Contest ................................... ........ ...... ................ ..................................... 5
5.4 Proof of Payment................ ............ ........ ........... ............. .................... ....... ............. 5
5.5 Failure to Pay......... .............. .......................... ................. ........ ........... .............. ....... 5
6. LATE PAYMENTS AND OTHER CHARGES ................................................................ 5
6.1 Late Charge ................... ........ ................ ..... ........................................... .................. 5
6.2 Interest Penalty for Past Due Rent and Other Sums Owed..................................... 5
6.3 No Accord and Satisfaction................... ............ .............................................. ....... 6
Lease No. 20-074165
Commercial Lease
EXHIBIT B
6.4 No Counterclaim, Setoff, or Abatement of Rent .................................................... 6
7. IMPROVEMENTS ..... ........... ......... ................... ...... ....... ....... ..... ....................... ......... ........ 6
7.1 Existing Improvements......................... ............... ............. .............. ............. ........... 6
7.2 Tenant-Owned Improvements........ ........ .............................. ...... ........... ................. 6
7.3 Construction.... ................. .......... ............ ..... ................................. ....................... .... 6
7.4 Removal............... ....................................... ........ ....... ................... ................. ......... 7
7.5 Unauthorized Improvements.. ....... ....... ....... ...... ......... .... ............. ... .......... ...... ........ 7
8. ENVIRONMENTAL LIABILITY/RISK ALLOCATION ................................................ 7
8.1 Definition................. ...... .......... .......... ......... ............... ........................ .......... ........... 7
8.2 Use of Hazardous Substances ................ ....... ........................... ..... ..... ...... ........ ....... 7
8.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate....................... 7
8.4 Notification and Reporting.............. ........ .................. ...... ..... ................. ................. 8
8.5 Indemnification.. .......... ............ .... ......... ............... ... ................. ............... ........ ........ 9
8.6 Cleanup......... ...................................... ........ ........ ...... ................... ................. ..... ..... 9
8.7 Sampling by State, Reimbursement, and Split Samples....................................... 10
8.8 Reservation of Rights.. ...... .......... ..... ................. .................. ........ ....... ..... ...... ........ 10
9. ASSIGNMENT AND SUBLETTING ............................................................................. 11
9.1 State Consent Required....... .... .............. ....... ........ ..... ......... ...... ............ ....'.... ......... 11
9.2 Event of Assignment.......................................... ..... ........... .......... ...... ..... ...... ........ 11
9.3 Rent Payments Following Assignment................................................................. 11
9.4 Terms of Subleases ................ .......... ......... ............. ............ .......... ............. ............ 11
10. INDEMNITY, FINANCIAL SECURITY, INSURANCE............................................... 12
10.1 Indemnity..... ................ .... ......... ....... ................ .... ........................ ...... ............. ...... 12
10.2 Financial Security ......... .... ...... ...... .......................... ......... ............. .......... .............. 12
10.3 Insurance.................................................:............................................................. 13
10.4 State's Acquisition ofInsurance ......... .................... ...................... ....'....... ....... ....... 14
11. MAINTENANCE AND REPAIR ......................................................... ............. .............. 15
11.1 State's Repairs .................................... ................................................................... 15
11.2 Tenant's Repairs, Alteration, Maintenance and Replacement .............................. 15
12. DAMAGE OR DESTRUCTION ...................................................................................... 15
13 . CONDEMNATION ....... ... ..... .... ..... .... .................. ...... ............. ........... ..... ................ ......... 15
13.1 Definitions..... ...... ....... ............................................ ..... .... ......... ................. ....... ..... 15
13.2 Effect of Taking ........ .............. ....... ... ....... ................... ................ .................. ........ 16
13.3 Allocation of Award .......................... .... ........ ............ ....... ...... ..... .......... ............... 16
14. DEFAULT AND REMEDIES...................... .................................................................... 16
15 . ENTRY BY STATE ................... ..... ............. ................. ...... .................... ....... .................. 17
16. DISCLAIMER OF QUIET ENJOYMENT ...................................................................... 17
17 . NOTICE............... .... ............ ....... ....... .............. ................. ..... ...................... ..... ........ ........ 17
18. MISCELLANEOUS ....... ............ .................. ............ ........ ....... ....... .... ........ .............. ........ 17
18.1 Authority.... ....................... ........................................ ............. ....................... ........ 18
18.2 Successors and Assigns... .............................. .............. ....... ...................... ........ ...... 18
18.3 Headings....................................... ...... ............................ ..... ........ ....... ............. ..... 18
18.4 Entire Agreement............ .... ...... .................... .................. ....... ............... ................ 18
18. 5 Waiver................... .... .... .................. .... ........... ...... ...... ......... ........ .... ........... .... ....... 18
18.6 Cumulative Remedies............... .......... ........... .................. ..................................... 18
18.7 Time is of the Essence................ .......... .................................................. ........ ...... 18
Lease No 20-074165
ii
Commercial Lease
18.8 Language............................................................................................................... 18
18.9 Invalidity ......... ........................................... ....... ........ ................................. ........... 19
18.1 0 Applicable Law and Venue... ......... .......... ..... ........... ................................ ............. 19
18.11 Recordation... ....... ........... ............... ........... .................... .............. ..................... ..... 19
18.12 Modification.... ............. ..... .............. ..... ........... ............ ...... ........................... ......... 19
Lease No 20-074165
iii
Commercial Lease
STATE OF W ASmNGTON
DEPARTMENT OF NATURAL RESOURCES
DOUG SUTHERLAND, Commiss~oner of Public Lands
AQUATIC LANDS LEASE
(Commercial)
AQUATIC LANDS LEASE NO. 20-074165
THIS LEASE is made by and between the STATE OF WASHINGTON, acting through
the Department ofNaturaI Resources ("State"), and Pier Group L.L.C., a pending corporation
("Tenant").
BACKGROUND
Tenant desires to lease the aquatic lands in what is commonly known as the Strait of Juan
de Fuca, which are tidelands and harbor area located in Clallam County, Washington, from State,
and State desires to lease the property to Tenant pursuant to the terms and conditions of this
Lease.
THEREFORE, the parties agree as follows:
SECTION 1 PROPERTY
1.1 Property Defined. State leases to Tenant and Tenant leases from State the real
property described in Exhibit A together with all the rights of State, if any, to improvements on
and easements benefiting the Property, but subject to the exceptions and restrictions set forth in
-this Lease (collectively the "Property"). This Lease is subject to all valid interests of third parties
noted in the records of Clallam County, or on file in the office of the Commissioner of Public
Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal
navigation servitude; and treaty rights ofIndian Tribes. Not included in this Lease are any right
to harvest, collect or damage any natural resource, including aquatic life or living plants, any
water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or
other valuable materials. State reserves the right to grant easements and other land uses on the
Property to others when the easement or other land uses will not unreasonably interfere with
Tenant's Permitted Use. State also reserves the right to grant an easement in favor of the Port of
Port Angeles, its successors and assigns for pedestrian and vehicular access to harbor afeifsiying
north of the leased premises, and to maintain an existing pier, its pilings and underpinnings, over,
under and across a strip of land thirty (30) feet in width, being fifteen (15) feet on each side of
the north-south center line of the existing pier.
1.2 Survey, Maps, and Plans. In executing this Lease, State is relying on the
surveys, plats, diagrams, and/or legal descriptions provided by Tenant. Tenant is not relying
Lease No 20-074165
Page I of 20
Commercial Lease
upon and State is not making any representations about any survey, plat, diagram, and/or legal
description provided by State.
1.3 Inspection. State makes no representation regarding the condition ofthe
Property, improvements located on the Property, the suitability of the Property for Tenant's
Permitted Use, compliance with governmental laws and regulations, availability of utility rights,
access to the Property or the existence of hazardous substances on the Property. Tenant has
inspected the Property and accepts it "AS IS."
SECTION 2 USE
2.1 Permitted Use. Tenant shall use the Property for support areas to a hotel and
conference center including parking, public access areas, landscaped buffers and bulkhead (the
"Permitted Use"), and for no other purpose. The Permitted Use is described or shown in greater
detail in Exhibit B, the terms and conditions of which are incorporated by reference and made a
part of this Lease. The parties agree that this is 138,560 square feet of non water-dependent use.
2.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural
resources on the Property. Tenant shall also not cause or permit any filling activity to occur on
the Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste
matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or
other matter in or on the Property, except as approved in writing by State. Tenant shall neither
commit nor allow waste to be committed to or on the Property. lfTenant fails to comply with all
or any of the restrictions on the use of the Property set out in this Subsection 2.2, State shall
notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the
failure. If Tenant fails to do so in a timely manner, then State may take any steps reasonably
necessary to remedy this failure. Upon demand by State, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and disposing of any material
deposited improperly on the Property. This section shall not in any way limit Tenant's liability
under Section 8, below.
2.3 Conformance with Laws. Tenant shall, at all times, keep current and comply
with all conditions and terms of any permits, licenses, certificates, regulations, ordinances,
statutes, and other government rules and regulations regarding its use or occupancy of the
Property.
2.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any
liens and encumbrances arising out of or relating to its use or occupancy of the Property.
SECTION 3 TERM
3.1 Term Defined. The term of this Lease is thirty (30) years (the "Term"),
beginning on the 1st day of September, 2002 (the "Commencement Date"), and ending on the
31 st day of August, 2032 (the "Termination Date"), unless terminated sooner under the terms of
this Lease.
3.2 Renewal of the Lease. The lease is for the maximum allowed term. At the end
of term a new lease may be negotiated with State.
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3.3 Delay in Delivery of Possession. If State, for any reason whatsoever, cannot
deliver possession of the Property to Tenant on the Commencement Date, this Lease shall not be
void or voidable, nor shall State be liable to Tenant for any loss or damage resulting from the
delay in delivery of possession. In such event, the date of delivery of possession shall be the
Commencement Date for all purposes, including the payment of rent. In the event Tenant takes
possession before the Commencement Date, the date of possession shall be the Commencement
Date for all purposes, including the payment of rent. If the Lease Term commences earlier or
later than the scheduled Commencement Date, the Termination Date shall be adjusted
accordingly.
3.4 End of Term. Upon the expiration or termination of the Term or extended term,
as applicable, Tenant shall surrender the Property to State in the same or better condition as on
the Commencement Date, reasonable wear and tear excepted.
3.5 Hold Over. If Tenant remains in posses'sion of the Property after the Termination
Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a
month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated
by either party on thirty (30) days written notice. The monthly rent during the holdover shall be
the same rent which would be due if the Lease were still in effect and all adjustments in rent
were made in accordance with its terms. If State provides a notice to vacate the Property in
anticipation of the termination of this Lease or at any time after the Termination Date and Tenant
fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall
owe the State all amounts due under RCW 79.01.760 or other applicable law.
SECTION 4 RENT
4.1 Annual Rent. Until adjusted as set forth below, Tenant shall pay to State an
annual rent of One Hundred Fifty Four Thousand Nine Dollars and Forty Four Cents
($154,009.44), based on the sale price ofthe abutting port upland and calculated as per
. . C. Ze. t will be assessed for designated public use areas, approved by State and
dedicated exclusive y the use of the general public. Approval by State will require a
Imeline, management plan and sublease (if applicable). The rent
assessment will be modified at such time as the tenant secures written approval of State. The
annual rent, as it currently exists or adjusted or modified (the "Annual Rent"), shall be due and
payable in full on or before the Commencement Date and on or before the same date of each year
thereafter.
4.2 Payment Place. Payment is to be made to WA Department of Natural Resources,
Financial Management Division, 1111 Washington Street SE, PO Box 47041, Olympia, WA
98504-7041.
r
4.3 Adjustment Based on Use. Annual Rent is based on Tenant's Permitted Use of
the Property, as described in Section 2 above. If Tenant's Permitted Use changes, the Annual
Rent shall be adjusted as appropriate for the changed use.
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4.4 Rent Adjustments for Water-Dependent Uses.
(a) Inflation Adjustment. State shall adjust water-dependent rent annually
pursuant to RCW 79.90.450 -902, except in those years in which the rent is revalued under
Subsection 4.5(b) below. This adjustment shall be effective on the anniversary of the
Commencement Date.
(b) Revaluation of Rent. State shall, at the end of the first four-year period of
the Term, and at the end of each subsequent four-year period, revalue the Annual Rent in
accordance with RCW 79.90.450-.902, based on the adjusted sale price of the abutting upland.
(c) Rent Cap. After the initial year's rent is determined under Subsection 4.1,
rent may increase by operation of Subsection 4.4( a) or 4.4(b). If application of the statutory rent
formula for water-dependent uses would result in an increase in the rent attributable to such uses
of more than fifty percent (50%) in anyone year, the actual increase implemented in such year
shall be limited to fifty percent (50%) ofthe then-existing rent, in accordance with RCW
79.90.490. The balance of the increase determined by the formula shall be deferred to
subsequent years and added to the next and subsequent years' rental increases until the full
amount of the increase is lawfully implemented.
4.5 Rent Adjustments for Non water-Dependent Uses
(a) Inflation Adjustment. Except in those years in which the rent is revalued
under Subsection 4.5(b), below, State shall adjust the non water-dependent rent annually on the
anniversary of the Commencement Date by an amount equal to the percentage increase in the
most recently published Consumer Price Index, All Urban Consumers, for the Seattle-Everett
SMSA, over the Consumer Price Index for the preceding anniversary of the Commencement
Date. All items 1982-84 = 100, as published by the US Department of Labor, Bureau of Labor
Statistics. If publication of the Consumer Price Index is discontinued, a reliable governmental or
other nonpartisan publication evaluating the information used in determining the Consumer Price
Index shall be used.]
(b) Revaluation of Rent. State shall, at the end of the first four-year period of
the Term, and at the end of each subsequent four-year period, revalue the non water-dependent
Annual Rent to reflect the then-current fair market value based on the adjusted 2002 sale price of
the abutting upland, as specified in Exhibit C. In the event that agreement cannot be reached
between State and Tenant on the fair market rental value, the valuation shall be submitted to a
review board of appraisers. The board shall consist of three members, one selected by and at the
cost of Tenant; a second member selected by and at the cost of State; and a third member
selected by the other two members with the cost shared equally by State and Tenant. The
decision of the majority of the board shall be binding on both parties. Until the new rent is
established by agreement or by the review board, Tenant shall pay rent in the same amount
established for the preceding year. If additional rent is required as a result ofthis review, Tenant
shall pay the additional rent within ten (10) days of the board's decision. If a refund is required
as a result of this review, State shall pay the refund within ten (10) days of the board's decision.
4.6 Rent Adjustment Procedures.
(a) Notice of Rent Adjustment. Notice of any adjustments to the Annual Rent
that are allowed by Subsection 4.4(b) and 4.5(b) shall be provided to Tenant in writing no later
than ninety (90) days after the anniversary date of the Lease.
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(b) Procedures on Failure to make Timely Adjustment. In the event the State
fails to provide the notice required in Subsection 4.6(a), it shall be prohibited from collecting any
adjustments to rent only for the year in which it failed to provide notice. No failure by State to
adjust Annual Rent pursuant to Subsection 4.6(a) shall affect the State's right to establish Annual
Rent for a subsequent lease year as if the missed or waived adjustment had been implemented.
The State may adjust, bill, and collect Annual Rent prospectively as if any missed or waived
adjustments had actually been implemented. This includes the implementation of any inflation
adjustment and any rent revaluations that would have been authorized for previous lease years.
SECTION 5 OTHER EXPENSES
During the Term, Tenant shall pay the following additional expenses:
5.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use
and occupancy ofthe Property, including but not limited to electricity, water, gas, and telephone
servIce.
5.2 Taxes and Assessments. Tenant shall pay all taxes (including leasehold excise
taxes), assessments, and other governmental charges, of any kind whatsoever, applicable or
attributable to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and
enjoyment of the Property.
5.3 Right to Contest. Tenant may, in good faith, contest any tax or assessment at its
sole cost and expense. At the request of State, Tenant shall furnish reasonable protection in the
form of a bond or other security, satisfactory to State, against any loss or liability by reason of
such contest.
5.4 Proof of Payment. Tenant shall, if required by State, furnish to State receipts or
other appropriate evidence establishing the payment of any amounts required to be paid under
the terms of this Lease.
,-
5.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease,
State may pay the amount due, and recover its cost in accordance with the provisions of Section
6 of this agreement. /
SECTION 6 LA TE PAYMENTS AND OTHER CHARGES
6.1 Late Charge. If any rental payment is not received by State within ten (l0) days
of the date due, Tenant shall pay to State a late charge equal to four percent (4%) ofthe amount
of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of
State incident to the delay.
6.2 Interest Penalty for Past Due Rent and Other Sums Owed. If rent is not paid
within thirty (30) days of the date due, then Tenant shall, in addition to paying the late charges
determined under Subsection 6.1, above, pay interest on the amount outstanding at the rate of
one percent (1 %) per month until paid. If State pays or advances any amounts for or on behalf of
Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums,
costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of
removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid
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Commercial Lease
when due, Tenant shall reimburse State for the amount paid or advanced and shall pay interest on
that amount at the rate of one percent (1 %) per month from the date State notifies Tenant of the
payment or advance.
6.3 No Accord and Satisfaction. If Tenant pays, or State otherwise receives, an
amount less than the full amount then due, State may apply such payment as it elects. In the
absence of an election, the payment or receipt shall be applied first to accrued taxes which State
has advanced or may be obligated to pay, then to other amounts advanced by State, then to late
charges and accrued interest, and then to the earliest rent due. State may accept any payment in
any amount without prejudice to State's right to recover the balance of the rent or pursue any
other right or remedy. No endorsement or statement on any check, any payment, or any letter
accompanying any check or payment shall constitute or be construed as accord and satisfaction.
6.4 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth
elsewhere in this Lease, rent and all other sums payable'by Tenant pursuant to this Lease shall be
paid without the requirement that State provide prior notice or demand, and shall not be subject
to any counterclaim, setoff, deduction, defense or abatement.
SECTION 7 IMPROVEMENTS
7.1 Existing Improvements. On the Commencement Date, there are no tenant
owned improvements currently on the leasehold. Fill material on this site has attached to the
realty and become part of the land.
7.2 Tenant-Owned Improvements. So long as this Lease remains in effect, Tenant
shall retain ownership of all authorized improvements and trade fixtures it may place on the
Property (collectively "Tenant-Owned Improvements"). Tenant-Owned Improvements shall not
include any Unauthorized Improvements as defined in Subsection 7.5 below. No Tenant-Owned
Improvements shall be placed on the Property without State's prior written consent.
7.3 Construction. Prior to any construction~ alteration, replacement, removal or
major repair of any improvements (whether State-Owned or Tenant-Owned), Tenant shall submit
to State plans and specifications which describe the proposed activity. Construction shall not
commence until State has approved those plans and specifications in writing and Tenant has
obtained a performance and payment bond in an amount equal to 125% of the estimated cost of
construction. The performance and payment bond shall be maintained until the costs of
construction, including all laborers and material persons, have been paid in full. State shall have
sixty (60) days in which to review the proposed plans and specifications. The plans and
specifications shall be deemed approved and the requirement for State's written consent shall be
treated as waived, unless State notifies Tenant otherwise within the sixty (60) days. Upon
completion of construction, Tenant shall promptly provide State with as-built plans and
specifications. State's consent and approval shall not be required for any routine maintenance or
repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in
good order and repair that does not result in the construction, alteration, replacement, removal, or
major repair of any improvements on the Property.
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7.4 Removal. Tenant-Owned Improvements shall be removed by Tenant by the
Tennination Date unless State notifies Tenant that the Tenant-Owned Improvements may
remain. If the State elects for the Tenant-Owned Improvements to remain on the Property after
the Termination Date, they shall become the property of State without payment by State (ifthe
provisions ofRCW 79.94.320 or RCW 79.95.040 apply, Tenant shall be entitled to the rights
provided in the statute). To the extent that Tenant-Owned Improvements include items of
personal property which may be removed from the leasehold premises without harming the
Property, or diminishing the value of the Property or the improvements, the State asserts no
ownership interest in these improvements unless the parties agree otherwise in writing upon
tennination of this Lease. Any Tenant-Owned Improvements specifically identified as personal
property in Exhibit A or B shall be treated in accordance with this provision. Tenant shall notifY
State at least one hundred eighty (180) days before the Termination Date if it intends to leave the
Tenant-Owned Improvements on the Property. State shall then have ninety (90) days in which to
notify Tenant that it wishes to have the Tenant-Owned Improvements removed or elects to have
them remain. Failure to notifY Tenant shall be deemed an election by State that the
Tenant-Owned Improvements will remain on the Property. If the Tenant-Owned Improvements
remain on the Property after the Termination Date without State's actual or deemed consent, they
still will become the property of the State but the State may remove them and Tenant shall pay
the costs of removal and disposal upon State's demand.
7.5 Unauthorized Improvements. Improvements made on the Property without
State's prior consent pursuant to Subsection 7.3 or which are not in conformance with the plans
submitted to and approved by State ("Unauthorized Improvements") shall immediately become
the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized
Improvements, State may, at its option, require Tenant to sever, remove, and dispose of them,
charge Tenant rent for the use of them, or both. If Tenant fails to remove an Unauthorized
Improvement upon request, State may remove it and charge Tenant for the cost of removal and
disposal.
SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION
8.1 Definition. "Hazardous Substance" means any substance which now or in the
future becomes regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection, contamination or
cleanup, including, but not limited to, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's
Model Toxics Control Act ("MTCA"), RCW 70.1 05D.Ol 0 et seq.
8.2 Use of Hazardous Substances. Tenant covenants and agrees that Hazardous
Substances will not be used, stored, generated, processed, transported, handled, released, or
disposed of in, on, under, or above the Property, except in accordance with all applicable laws.
8.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate.
(a) State makes no representations about the condition of the Property, except as
follows: Hazardous Substances, including those identified in the Sediment Investigation Report
attached as Exhibit C, are known to exist in, on, under or above the Property. With regard to any
Hazardous Substances that may exist in, on, under, or above the Property, State disclaims any
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Commercial Lease
and all responsibility to conduct investigations, to review any State records, documents or files,
or to obtain or supply any information to Tenant.
(b) Tenant shall exercise the utmost care with respect to both Hazardous
Substances in, on, under, or above the Property as of the Commencement Date, and any
Hazardous Substances that come to be located in, on, under, or above the Property during the
Term of this agreement, along with the foreseeable acts or omissions of third parties affecting
those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The
obligation to exercise utmost care under this Subsection 8.3 includes, but is not limited to, the
following requirements:
(1) Tenant shall not undertake activities that will cause, contribute to,
or exacerbate contamination of the Property;
(2) Tenant shall not undertake activities that damage or interfere with
the operation of remedial or restoration activities on the Property or undertake activities that
result in human or environmental exposure to contaminated sediments on the Property;
(3) Tenant shall not undertake any activities that result in the
mechanical or chemical disturbance of on-site habitat mitigation;
(4) Ifrequested, Tenant shall allow reasonable access to the Property
by employees and authorized agents ofthe Environmental Protection Agency, the Washington
State Department of Ecology, or other similar environmental agencies; and
(5) If requested, Tenant shall allow reasonable access to potentially
liable or responsible parties who are the subject of an order or consent decree which requires
access to the Property. Tenant's obligation to provide access to potentially liable or responsible
parties may be conditioned upon the negotiation of an access agreement with such parties,
provided that such agreement shall not be unreasonably withheld.
(c) It shall be Tenant's obligation to gather sufficient information concerning
the Property and the existence, scope, and location of any Hazardous Substances on the Property,
or adjoining the Property, that allows Tenant to effectively meet its obligations under this lease.
8.4 Notification and Reporting.
(a) Tenant shall immediately notify State if Tenant becomes aware of any of
the following:
(1) A release or threatened release of Hazardous Substances in, on,
under, or above the Property, any adjoining property, or any other property subject to use by
Tenant in conjunction with its use of the Property;
(2) Any problem or liability related to, or derived from, the presence
of any Hazardous Substance in, on, under, or above the Property, any adjoining property, or any
other property subject to use by Tenant in conjunction with its use of the Property;
(3) Any actual or alleged violation of any federal, state, or local
statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect
to the Property, any adjoining property, or any other property subject to use by Tenant in
conjunction with its use of the Property;
(4) Any lien or action with respect to any of the foregoing; or,
(5) Any notification from the US Environmental Protection Agency
(EP A) or the Washington State Department of Ecology (DOE) that remediation or removal of
Hazardous Substances is or may be required at the Property.
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(b) Upon request, Tenant shall provide State with copies of any and all
reports, studies, or audits which pertain to environmental issues or concerns associated with the
Property, and which were prepared for Tenant and submitted to any federal, state or local
authorities pursuant to any federal, state or local permit, license or law. These permits include,
but are not limited to, any National Pollution Discharge and Elimination System Permit, any
Army Corps of Engineers permit, any State Hydraulics permit, any State Water Quality
certification, or any Substantial Development permit.
8.5 Indemnification.
(a) Tenant shall fully indemnify, defend, and hold State harmless from and
against any and all claims, demands, damages, natural resource damages, response costs,
remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other
proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of
or are in any way related to:
(1) The use, storage, generation, processing, transportation, handling,
or disposal of any Hazardous Substance by Tenant, its subtenants, contractors, agents,
employees, guests, invitees, or affiliates in, on, under, or above the Property, any adjoining
property, or any other property subject to use by Tenant in conjunction with its use of the
Property, during the Term of this Lease or during any time when Tenant occupies or occupied
the Property or any such other property;
(2) The release or threatened release of any Hazardous Substance, or
the exacerbation of any Hazardous Substance contamination, in, on, under, or above the
Property, any adjoining property, or any other property subject to use by Tenant in conjunction
with its use of the Property, which release, threatened release, or exacerbation occurs or occurred
during the Term of this Lease or during any time when Tenant occupies or occupied the Property
or any such other property, and as a result of:
(i) Any act or omission of Tenant, its subtenants, contractors,
agents, employees, guests, invitees, or affiliates; or,
(ii) Any foreseeable act or omission of a third party unless
Tenant exercised the utmost care with respect to the foreseeable acts or omissions of the third
party and the foreseeable consequences of those acts or 'omissions.
(b) In addition to the indemnifications provided in Subsection 8.5(a), Tenant
shall fully indemnify State for any and all damages, liabilities, costs or expenses (including
attorneys' fees and disbursements) that arise out of or are in any way related to Tenant's breach of
the obligations of Subsection 8.3(b). This obligation is not intended to duplicate the indemnity
provided in Subsection 8.5(a) and applies only to damages, liabilities, costs, or expenses that are
associated with a breach of Subsection 8.3(b) and which are not characterized as a release,
threatened release, or exacerbation of Hazardous Substances.
8.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the
Property, or other State-owned property, arising out of any action, inaction, or event described or
referred to in Subsection 8.5, above, Tenant shall, at its sole expense, promptly take all actions
necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include,
without limitation, removal, containment and remedial actions and shall be performed in
accordance with all applicable laws, rules, ordinances, and permits. Tenant's obligation to
undertake a cleanup under this Subsection 8.6 shall be limited to those instances where the
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Commercial Lease
Hazardous Substances exist in amounts that exceed the threshold limits of any applicable
regulatory cleanup standards. Tenant shall also be solely responsible for all cleanup,
administrative, and enforcement costs of governmental agencies, including natural resource
damage claims, arising out of any action, inaction, or event described or referred to in Subsection
8.5, above. Tenant may undertake a cleanup pursuant to the Washington State Department of
Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted
to State (DNR) for review and comment at least thirty (30) days prior to implementation (except
in emergency situations), and (2) Tenant must not be in breach of this lease. Nothing in the
operation of this provision shall be construed as an agreement by State that the voluntary cleanup
complies with any laws or with the provisions of this Lease.
8.7 Sampling by State, Reimbursement, and Split Samples.
(a) State may conduct sampling, tests, audits, surveys, or investigations
("Tests") of the Property at any time to determine the existence, scope, or effects of Hazardous
Substances on the Property, any adjoining property, any other property subject to use by Tenant
in conjunction with its use of the Property, or any natural resources. If such Tests, along with
any other information, demonstrates the existence, release, or threatened release of Hazardous
Substances arising out of any action, inaction, or event described or referred to in Subsection 8.5,
above, Tenant shall promptly reimburse State for all costs associated with such Tests.
(b) State's ability to seek reimburse~ent for any Tests under this Subsection
shall be conditioned upon State providing Tenant written notice of its intent to conduct any Tests
at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed
in response to an emergency situation in which case State shall only be required to give such
notice as is reasonably practical.
(c) Tenant shall be entitled to obtain split samples of any Test samples
obtained by State, but only if Tenant provides State with written notice requesting such samples
within twenty (20) calendar days ofthe date Tenant is deemed to have received notice of State's
intent to conduct any non-emergency Tests. The additional cost, if any, of split samples shall be
borne solely by Tenant. Any additional costs State incurs by virtue of Tenant's split sampling
shall be reimbursed to State within thirty (30) calendar days after a bill with documentation for
such costs is sent to Tenant.
(d) Within thirty (30) calendar days ofa written request (unless otherwise
required pursuant to Subsection 8A(b), above), either party to this Lease shall provide the other
party with validated final data, quality assurance/quality control information, and chain of
custody information, associated with any Tests of the Property performed by or on behalf of
State or Tenant. There is no obligation to provide any analytical summaries or expert opinion
work product.
8.8 Reservation of Rights. The parties have agreed to allocate certain
environmental risks, liabilities, and responsibilities by the terms of Section 8. With respect to
those environmental liabilities covered by the indemnification provisions of Subsection 8.5, that
subsection shall exclusively govern the allocation of those liabilities. With respect to any
environmental risks, liabilities, or responsibilities not covered by Subsection 8.5, the parties
expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action,
or defenses relating to the presence, release, or threatened release of Hazardous Substances in,
on, under, or above the Property, any adjoining property, or any other property subject to use by
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Commercial Lease
Tenant in conjunction with its use of the Property, that either party may have against the other
under federal, state, or local laws, including but not limited to, CERCLA, MTCA, and the
common law. No right, claim, immunity, or defense either party may have against third parties
is affected by this Lease and the parties expressly reserve all such rights, claims, immunities, and
defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release
either party from, or affect either party's liability for, claims or actions by federal, state, or local
regulatory agencies concerning Hazardous Substances.
SECTION 9 ASSIGNMENT AND SUBLETTING.
9.1 State Consent Required. Tenant shall not sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of Ten ant's interest in this Lease
or the Property without State's prior written consent, which shall not be unreasonably
conditioned or withheld.
(a) In determining whether to consent, State may consider, among other
items, the proposed transferee's financial condition, business reputation and experience, the
nature of the proposed transferee's business, the then-current value of the Property, and such
other factors as may reasonably bear upon the suitability of the transferee as a tenant of the
Property. Tenant shall submit information regarding any proposed transferee to State at least
thirty (30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon: (1) changes in the
terms and conditions of this Lease, including the Annual Rent and other terms; and/or (2) the
agreement of Ten ant or transferee to conduct Tests for Hazardous Substances on the Property or
on other property owned or occupied by Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease,
including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant. .
9.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation
or a transfer (by one or more transactions) ofa majority of the voting stock of Tenant shall be
deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the
partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall
be deemed an assignment of this Lease.
9.3 Rent Payments Following Assignment. The acceptance by State of the payment
of rent following an assignment or other transfer shall not constitute consent to any assignment
or transfer.
9.4 Terms of Subleases.
All subleases shall be submitted to State for approval and shall meet the following requirements:
(a) The sublease shall be consistent with and subject to all the terms and
conditions of this Lease;
(b) The sublease shall confirm that if the terms of the sublease conflict with
the terms of this Lease, this Lease shall control;
(c) The term of the sublease (including any period of time covered by a
renewal option) shall end before the Termination Date of the initial Term or any renewal term;
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Commercial Lease
(d) The sublease shall terminate if this Lease terminates, whether upon
expiration of the Term, failure to exercise an option to renew, cancellation by State, surrender or
for any other reason;
(e) The subtenant shall receive and acknowledge receipt ofa copy of this
Lease;
(f) The sublease shall prohibit the prepayment to Tenant by the subtenant of
more than one month's rent;
(g) The sublease shall identify the rental amount to be paid to Tenant by the
subtenant;
(h) The sublease shall confirm that there is no privity of contract between the
subtenant and State;
(i) The sublease shall require removal of the subtenant's improvements and
trade fixtures upon termination of the sublease; and,
G) The subtenant's permitted use shall be within the Permitted Use authorized
by this Lease.
SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE.
10.1 Indemnity. Tenant shall indemnify, defend, and hold harmless State, its
employees, officers, and agents from any and all liability, damages (including bodily injury,
personal injury and damages to land, aquatic life, and other natural resources), expenses, causes
of action, suits, claims, costs, fees (including attorneys' fees), penalties, or judgments, of any
nature whatsoever, arising out of the use, occupation, or control of the Property by Tenant, its
subtenants, invitees, agents, employees, licensees, or permittees, except as may arise solely out
ofthe willful or negligent act of State or State's elected officials, employees, or agents. To the
extent that RCW 4.24.115 applies, Tenant shall not be required to indemnify, defend, and hold
State harmless from State's sole or concurrent negligence. Tenant's liability to State for
hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for
hazardous substances, shall be governed exclusively by Section 8.
10.2 Financial Security.
(a) At its own expense, Tenant shall procure and maintain a corporate surety
bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to
Three Hundred Ten Thousand One Hundred Sixty One Dollars, ($310,161.00), which shall
secure Tenant's full performance of its obligations under this Lease, with the exception of the
obligations under Section 8 (Environmental Liability/Risk Allocation) above. The Bond shall be
in a form and issued by a surety company acceptable to State. State may require an adjustment
in the amount ofthe Bond:
(1)
(2)
(3)
(4) Upon a change in the Permitted Use.
A new or modified Bond shall be delivered to State within thirty (30) days after adjustment of
the amount of the Bond has been required by State.
(b) Upon any default by Tenant in its obligations under this Lease, State may
collect on the Bond to offset the liability of Tenant to State. Collection on the Bond shall not
At the same time as revaluation of the Annual Rent;
As a condition of approval of assignment or sublease of this Lease;
Upon a material change in the condition of any improvements; or,
Lease No. 20-074165
Page 12 of20
Commercial Lease
relieve Tenant ofliability, shall not limit any of State's other remedies, and shall not reinstate or
cure the default or prevent termination of the Lease because of the default.
10.3 Insurance. At its own expense, Tenant shall procure and maintain during the
Term of this Lease, the insurance coverages and limits described in Subsections lO.3(a) and (b)
below. This insurance shall be issued by an insurance company or companies admitted and
licensed by the Insurance Commissioner to do business in the State of Washington. Insurers
must have a rating ofB+ or better by "Best's Insurance Reports," or a comparable rating by
another rating company acceptable to State. If non-admitted or non-rated carriers are used, the
policies must comply with Chapter 48.15 RCW.
(a) Types of Required Insurance.
(1) Commercial General Liability Insurance. Tenant shall procure and
maintain Commercial General Liability insurance and, if applicable, Marina Operators Legal
Liability insurance covering claims for bodily injury, personal injury, or property damage arising
on the Property and/or arising out of Tenant's operations. Ifnecessary, commercial umbrella
insurance covering claims for these risks shall be procured and maintained. Insurance must
include liability coverage with limits not less than those specified below:
Description
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
State may impose changes in the limits of liability:
(i) As a condition of approval of assignment or sublease of this
Lease;
(ii) Upon any breach of Section 8, above;
(iii) Upon a material change in the condition of the Property or
any improvements; or,
(iv) Upon a change in the Permitted Use.
New or modified insurance coverage shall be in place within thirty (30) days after changes in the
limits of liability are required by State.
(2) Property Insurance. Tenant shall procure and maintain property
insurance covering all real property located on or constituting a part of the Property in an amount
equal to the replacement value of all improvements on the Property. Such insurance may have
commercially reasonable deductibles.
(3) Worker's Compensation!Employer's Liability Insurance. Tenant
shall procure and maintain:
(i) State of Washington Worker's Compensation coverage, as
applicable, with respect to any work by Tenant's employees on or about the Property and on any
improvements;
(ii) Employers Liability or Stop Gap insurance coverage, as
applicable, with limits not less than those specified below. Insurance must include bodily injury
coverage with limits not less than those specified below:
Each Employee
By Accident
$1,000,000
Policy Limit
By Disease
$1,000,000
By Disease
$1,000,000
Lease No. 20-074165
Page 13 of 20
Commercial Lease
(iii) Longshore and Harbor Worker's Act and Jones Act
coverage, as applicable, with respect to any work by Tenant's employees on or about the
Property and on any improvements.
(4) Builder's Risk Insurance. As applicable, Tenant shall procure and
maintain builder's risk insurance in an amount reasonably satisfactory to State during
construction, replacement, or material alteration of the Property or improvements on the
Property. Coverage shall be in place until such work is completed and evidence of completion is
provided to State.
(5) Business Auto Policy Insurance. As applicable, Tenant shall
procure and maintain a business auto policy. The insurance must include liability coverage with
limits not less than those specified below:
Description
Bodily Injury and Property Damage
Each Accident
$1,000,000
(b) Terms ofInsurance. The policies required under Subsection 10.3 shall
name the State of Washington, Department of Natural Resources as an additional insured (except
for State of Washington Worker's Compensation coverage, and Federal Jones' Act and
Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance
described in Subsection 10.3 shall meet the following requirements:
(1) Policies shall be written as primary policies not contributing with
and not in excess of coverage that State may carry;
(2) Policies shall expressly provide that such insurance may not be
canceled or nonrenewed with respect to State except upon forty-five (45) days prior written
notice from the insurance company to State;
(3) To the extent of State's insurable interest, property coverage shall
expressly provide that all proceeds shall be paid jointly to State and Tenant;
(4) All liability policies must provide coverage on an occurrence basis;
and
(5) Liability policies shall not include exclusions for cross liability.
(c) Proof ofInsurance. Tenant shall furnish evidence of insurance in the form
of a Certificate of Insurance satisfactory to the State accompanied by a checklist of coverages
provided by State, executed by a duly authorized representative of each insurer showing
compliance with the insurance requirements described in section 10, and, if requested, copies of
policies to State. The Certificate of Insurance shall reference the State of Washington,
Department of Natural Resources and the lease number. Receipt of such certificates or policies
by State does not constitute approval by State of the terms of such policies. Tenant
acknowledges that the coverage requirements set forth herein are the minimum limits of
insurance the Tenant must purchase to enter into this agreement. These limits may not be
sufficient to cover all liability losses and related claim settlement expenses. Purchase of these
limits of coverage does not relieve the Tenant from liability for losses and settlement expenses
greater than these amounts.
10.4 State's Acquisition of Insurance. If Tenant fails to procure and maintain the
insurance described above within fifteen (15) days after Tenant receives a notice to comply from
State, State shall have the right to procure and maintain comparable substitute insurance and to
Lease No 20-074165
Page 14 of20
Commercial Lease
pay the premiums. Tenant shall pay to State upon demand the full amount paid by State,
together with interest at the rate provided in Subsection 6.2 from the date of State's notice of the
expenditure until Tenant's repayment.
SECTION 11 MAINTENANCE AND REPAIR.
11.1 State's Repairs. 'State shall not be required to make any alterations, maintenance,
replacements, or repairs in, on, or about the Property, or any part thereof, during the Term.
11.2 Tenant's Repairs, Alteration, Maintenance and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain the Property
and all improvements (regardless of ownership) in good order and repair, in a clean, attractive,
and safe condition.
(b) Tenant shall, at its sole cost and expense, make any and all additions,
repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
( c) All additions, repairs, alterations, replacements or changes to the Property
and to any improvements on the Property shall be made in accordance with, and ownership shall
be governed by, Section 7, above.
SECTION 12 DAMAGE OR DESTRUCTION
(a) In the event of any damage to or destruction of the Property or any
improvements, Tenant shall promptly give written notice to State. Unless otherwise agreed in
writing, Tenant shall promptly reconstruct, repair, or replace the Property and any improvements
as nearly as possible to its condition immediately prior to the damage or destruction.
(b) Tenant's duty to reconstruct, repair, or replace any damage or destruction
of the Property or any improvements on the Property shall not be conditioned upon the
availability of any insurance proceeds to Tenant from which the cost of repairs may be paid.
(c) Unless this Lease is terminated by mutual agreement, there shall be no
abatement or reduction in rent during such reconstruction, repair, and replacement.
(d) Any insurance proceeds payable by reason of damage or destruction shall
be first used to restore the real property covered by this Lease, then to pay the cost of the
reconstruction, then to pay the State any sums in arrears, and then to Tenant.
(e) In the event Tenant is in default under the terms of this Lease at the time
damage or destruction occurs, State may elect to terminate the Lease and State shall then have
the right to retain any and all insurance proceeds payable as a result of the damage or destruction.
SECTION 13 CONDEMNATION
13.1 Definitions.
(a) Taking. The term "taking," as used in this Lease, means the taking of all
or any portion of the Property and any improvements thereon under the power of eminent
domain, either by judgment or settlement in lieu of judgment. Taking also means the taking of
all or a portion of the Property and any improvements thereon to the extent that the Permitted
Use is prevented or, in the judgment of State, the Property is rendered impractical for the
Permitted Use. A total taking occurs when the entire Property is taken. A partial taking occurs
when the taking does not constitute a total taking as defined above.
Lease No. 20-074165
Page 15 of20
Commercial Lease
(b) Voluntary Conveyance. The terms "total taking" and "partial taking" shall
include a voluntary conveyance, in lieu of formal court proceedings, to any agency, authority,
public utility, person, or corporate entity empowered to condemn property.
(c) Date of Taking. The term "date of taking" shall mean the date upon which
title to the Property or a portion of the Property passes to and vests in the condemnor or the
effective date of any order for possession if issued prior to the date title vests in the condemnor.
13.2 Effect of Taking. If during the Term there shall be a total taking, the leasehold
estate of Tenant in the Property shall terminate as of the date of taking. If this Lease is
tenninated, in whole or in part, all rentals and other charges payable by Tenant to State and
attributable to the Property taken shall be paid by Tenant up to the date of taking. If Tenant has
pre-paid rent, Tenant will be entitled to a refund of the pro rata share ofthe pre-paid rent
attributable to the period after the date of taking. In the event of a partial taking, there shall be a
partial abatement of rent from the date of taking in a percentage equal to the percentage of I
Property taken.
13.3 Allocation of Award. State and Tenant agree that in the event of any
condemnation, the award shall be allocated between State and Tenant based upon the ratio of the
fair market value of Tenant's leasehold estate and Tenant-Owned Improvements on the Property
and State's interest (a) in the Property, (b) in the reversionary interest in Tenant-Owned
Improvements, and ( c) in State-Owned Improvements. 'In the event of a partial taking, this ratio
will be computed on the basis of the portion of Property or improvements taken. If Tenant and
State are unable to agree on the allocation, it shall be submitted to binding arbitration in
accordance with the rules of the American Arbitration Association.
SECTION 14 DEFAULT AND REMEDIES
(a) Tenant shall be in default of this Lease on the occurrence of any of the
following:
(1) Failure to pay Annual Rent or other expenses when due;
(2) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(3) Failure to comply with any other provision of this Lease;
(4) Two or more defaults over a period oftime, or a single serious
default, that demonstrates a reasonable likelihood of future defaults in the absence of corrective
action by Tenant; or,
(5) Proceedings are commenGed by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
(b) A default shall become an event of default ("Event of Default") if Tenant
fails to cure the default within sixty (60) days after State provides Tenant with written notice of
default, which specifies the nature of the default.
(c) Upon an Event of Default, State may terminate this Lease and remove
Tenant by summary proceedings or otherwise. State may also, without terminating this Lease,
relet the Property on any terms and conditions as State in its sole discretion may decide are
appropriate. If State elects to relet, rent received by it shall be applied: (1) to the payment of any
indebtedness other than rent due from Tenant to State; (2) to the payment of any cost of such
reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to
Lease No, 20-074165
Page 16 of20
Commercial Lease
the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall
be held by State and applied to Tenant's futu.re rent as it becomes due. Tenant shall be
responsible for any deficiency created by the reletting during any month and shall pay the
deficiency monthly. State's reentry or repossession of the Property under this subsection shall
not be construed as an election to terminate this Lease or cause a forfeiture of rents or other
charges to be paid during the balance of the Term, unless State gives a written notice of
termination to Tenant or termination is decreed by legal proceedings. State may at any time after
reletting elect to terminate this Lease for the previous Event of Default.
SECTION 15 ENTRY BY STATE
State shall have the right to enter the Property at any reasonable hour to inspect for compliance
with the terms of this Lease.
SECTION 16 DISCLAIMER OF QUIET ENJOYMENT
As indicated in Section 1.1, this Lease is subject to all valid recorded interests of third parties, as
well as rights of the public under. the Public Trust Doctrine or federal navigation servitude, and
treaty rights of Indian Tribes. State believes that its grant of the Lease is consistent with the
Public Trust Doctrine and that none of the identified interests of third parties will materially and
adversely affect Tenant's right of possession and use of the Property as set forth herein, but
makes no guaranty or warranty to that effect. Tenant and State expressly agree that Tenant shall
be responsible for determining the extent of its right to possession and for defending its leasehold
interest. Consequently, State expressly disclaims and Tenant expressly releases State from any
claim for breach of any implied covenant of quiet enjoyment with respect to the possession of the
Property. This disclaimer includes, but is not: limited to, interference arising from or in
connection with access or other use rights of adjacent property owners or the public over the
water surface or in or under the water column, including rights under the Public Trust Doctrine;
rights held by Indian Tribes; and the general power and authority of State and the United States
with respect to aquatic lands, navigable waters, bedlands, tidelands, and shorelands. In the event
Tenant is evicted from the Property by reason of successful assertion of any of these rights, this
Lease shall terminate as ofthe date of the eviction. In the event ofa partial eviction, Tenant's
rent obligations shall abate as of the date of the partial eviction, in direct proportion to the extent
of the eviction, but in all other respects, this Lease shall remain in full force and effect.
SECTION 17 NOTICE
Any notices required or permitted under this Lease may be personally delivered, delivered by
facsimile machine, or mailed by certified mail, return receipt requested, to the following
addresses or to such other places as the parties may direct in writing from time to time:
State:
DEPARTMENT OF NATURAL RESOURCES
Aquatic Resources Division
1111 Washington Street SE
PO Box 47027
Olympia, W A 98504-7027
PIER GROUP LLC
2707 California A venue SW
Seattle, W A 98116
Tenant:
Lease No. 20-074165
Page 17 of20
Commercial Lease
EXHIBIT C
-'
.
Estimate of Probable Cost of
Construction for PORT ANGELES HOTEL
PrOject Name:
Project Number:
Project Phase:
Prepared By:
Checked By:
Port Angeles Hotel
2002-12
Preliminary Shoreline Permit Submittal
Jim Howard
Item
1. LAWN SEED INCLUDING IRRIGATION
2. SHRUBS / GROUNDCOVERS INCLUDING IRRIGATION
3. TREES
4. 18" HT. STONE WALL
5. GRASSROAD PAVER
6. PERCHED SAND BEACH
7. PAVING (PLAZA)
8. PAVING (TRAIL)
TOTAL
Date:
07/11/02
Sheet Total: $ 408,349.50
Quantities
28,353 s.f
8,616 s.f
12 ea.
861.f.
12,082 s.f.
8,113s.f.
1,631 s.f.
11,943 s.f.
ASSUMPTIONS
COST ESTIMATE DOES NOT INCLUDE CONTINGENCIES, SALES
TAX, ROUGH GRADING, EARTHWORK, UTILITIES, TOTEM POLES,
SITE FURNISHINGS, MITIGATION PLANTINGS OR LIGHTING.
**COST BASED UPON SITE PLAN DRAWINGS DATED 4/20/02
Unit Cost
$2.50 s.f
$7.00 s.f
$200.00 ea.
$220.00 I.f.
$10.00 s.f
$6.00 s.f.
$9.00 s.f.
$6.00 s.f
Item Total
$ 70,882.50
$ 60,312.00
$ 2,400.00
$ 18,920.00
$ 120,820.00
$ 48,678.00
$ 14,679.00
$ 71,658.00
$ 408,349.50
netserver/pro]ects/2002-12/admln/Conf Center Estimate for landscaping
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EXISTING
OVERLOOK
LAWN BERM
PROPOSED 12' WIDE
CONCRETE TRAIL WI
BENCHES
18" HT
STONE WALL
EXISTING 12' WIDE
CONCRETE TRAIL
PLANTING SCHEDULE
SIZE/REMARKS
2" Cal; B&B, Full, well branched
& well rooted. Straight central
leader de single trunk.
Symmetrical branching habit
8'-10' Ht, B&B/Cont, Multi-trunk
w/ 3 main trunks
4'-6' Ht, BdeB/Cont, Multi-trunk, Not
sheared Asymmetncal, Wind blown &
leggy In appearance. Owners
representative to select trees de
poslbon tree. before planbng
SHRUBS
.. Rhododendron 'Ramapo'/ 3 Gal Cant, Full, well
RAMAPO RHODODENDRON branched & well rooted
.. Corn us stolomfera 'KelseYl' / 3 Gal Cant, Full, well
KELSEY! DOGWOOD branched & well raated
.. Viburnum tinus 'Spring Bauquet'/ 5 Gal. Cant, Full, well
SPRING BOUQUET VIBURNUM branched de well rooted
.. Arbutus unendo/ 5 Gal Cant, Full, well
STRAWBERRY TREE branched de well rooted.
.. Ro.a rugosa/ 1 Gal Cant, Full, well
RUGOSA ROSE branched & well rooted
.. lIex crenata 'Hellen'/ 1 Gal Cant, Full, well
HELLERI HOLLY bronched & well rooted
Triangular SpacIng @ 18" OC
,-- .-
APPROXIMATE TOP
OF RIP RAP
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SYM OTY SCIENTIFIC/COMMON NAME SIZE/REMARKS
GROUNDCOVERS
.. F rogaria chiloens,"/ 1 Gal Cant, Full, well
BEACH STRAWBERRY b, mched de well rooted
Triangular Spacing @ 18" 0 C
.. Hellctotrlchon semperv,.ens/ 1 Gal Cant, Full, well
BLUE OAT GRASS branched de well rooted
Tr,ongular Spacing C 18" OC
.. Arctostaphyllu. uvo-ur91 'Vancouver 1 Gal. Cant, Full, well
Jade/ branched de well rooted
VANCOUVER JADE KINNIKINICK Tnongular Spacing C 18" OC
.. Nassella tenulsslma/ 1 Gal Cant, Full, well
MEXICAN FEATHER GRASS branched & well rooted
Tnangular Spacing g lB' DC
.. Vinca minor 'Bowles,,'/ 1 Gal Cant, Full, well
VINCA BOWLES brunched & well rooted
Tnangular Spacing @ 1 B' 0 C
.. Elymus mol"s/ 1 Gal Cant, Full, well
DUNEGRASS branched & well rooted
Tnangular Spacing @ 1 B' 0 C
.. Enca cornea 'Sprlngwaod Plnk'/ 1 GoI Cant, Full, well
SPRINGWOOD PINK HEATHER branched de well rooted
Tn;ngular Spacing @ 1 B" 0 C
.. Hemerocal"s 'Stella d'Ora'/ 1 Gal Cant, Full, well
STELLA D'ORO DAYULLY brrmched & well rooted
Triangular Spacing @ 1B' 0 C
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SYM OTY. SCIENTIFIC/COMMON NAME
GROUNDCOVERS
I .. Croco.mla hybnds/
CROCOSMIA
.. Colamagrosbs arundlnQceo 'Karl
Foerster/
KARL FOERSTER'S FEATHER REED
GRASS
c:::J .. Lawn Seed M,x
~ .. 'Perched Sand Beach' Area
- Beach Sand
- Beach Logs
- Beach Grosses
- Rock Outcrops
t~~~:~~~l .. Grass Road Pavers
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VINE LATTICE
PANELS, TYP
SIZE/REMARKS
1 Gal Cant, Full, well
bronched de well rooted.
Tnangular Spacing 0 1 B' 0 C
1 Gal Cant, Full, well
branched de well rooted
Tnangular Spacing @ 1 B' 0 C
See Specs
See Specs
~~
SYM OTY SCIENTIFIC/COMMON NAME
flJ TREES
15 Acer rubrum 'Red Sun.et'/
RED SUNSET RED MAPLE
0 10 Camus kousa/
KOUSA DOGWOOD
OR
Styrax JaponlCU./
~ JAPANESE SNOWBELL TREE
10 PinUS contorta/
SHORE PINE
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.. Where quanbtles ore not shown In the Plant
Schedule the Contractor sholl be responsible
for determining plant quantities to be used
LEGEND
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DETAIL IDENTIFICATION
SHEET IDENTIFICATION
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COMMUNITY DEVELOPMEN
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CONTAINER PLANTING
TOTEM POLES
VINE LATTICE PANELS, TYP
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City of Port Angele$
Department pf Community Development
P.O. Box 1150
Port Angeles, W A 98362
10 July 2002
Q1Y Of PORT ANGELES
COMPttUNITY 0 lQPMENT
Subject: YMCA ~pp?ication to Rezone Two Townsite Lots from RS-7 to PBP
Dear Sirs,
I am a resident of the 700 block ofE. 4th St. in Port Angeles. I would like my concerns to
be read at the public hearing scheduled for 7/16/02.
I purchased my house 2 years ago. Since that time I have made more than $20,000 in
remodeling and improvements to the property. I enjoy the quality of life of our
residential neighborhood and I wish the record to reflect that I am ve~ opposed to the
ptopo~ed tezo~g from single faplilv residential tp public parks tmd buildings and the
alley vacaton mentioned in the YMCA's Executive Director'~ letter to the Neighbors of
the YMCA dated 5/28/02. I recent discussions with my neighbors, I know that most of
those in the 700 block of 3rd and 4th streets along the alley to the west ofthe YMCA
agree with me. I believe that the rezoning will have the following negative impacts:
. A reduction in property values of the residential properties in the 700 hundred
block ofE. 4th St.
. A significant increase in the vehicle congestion in the area and on the street.
. An increase in the number of people walking in front of and nearby our property,
and perhaps increased theft and vandalism.
. A change in the ability of the Port Angles Fire Department to serve and protect
our properties, including a loss ofthe use of the alley from both ends in which to
stage and fight fires, run water tanker shuttles, or protect exposures. Even with a
proposed turnaround for <(ars, I am not convinced that emergency vehicles could
turn around or effectively use the access.
In addition, rezoning does not guarantee that any of the currently proposed plans will be
implemented. Once rezoning is granted, all kinds of new plans, detrimental to our
neighborhood, could be proposed.
Although, the YMCA tries to be a good neighbor, there is already noise and traffic from
6:30 a.m. well into the evening. The noise from amplified voices and music from classes
such as aerobics and spin cycles is especially annoying.
.
.-
D. Coffey
YMCA Application to Rezone Two Townsite Lots from RS-7 to PBP
Page 2 of2
If the YMCA wishes to expand or to expand its offerings, it is far better for them to
consider pre-existing sites at other locations that are already zoned in their favor, and not
destroy the quality of our residential neighborhood. The YMCA might better serve the
population of Port Angles by having more than one location that serves folks in the
western and/or eastern parts oftown in addition to the more central, current location.
I also believe that the propo~ed rezoning is the first step to acquiring and rezoning the
entire block. I feel that the YMCA has unfairly taken over much of Erickson Park for
YMCA programs, pushing the residents off of the public playing fields many weekday
evenings. I purchased my house based on the existence of Jesse Webster and Erickson
parks nearby (and of course, Swain's as well). The proposed rezoning and expansion of
the YMCA facility is not a compatible land use with the existing residential
neighborhood. The neighbors socialize with each other, look out for one another, walk
our dogs together, and enjoy our neighborhood; it would be shameful to spoil such a nice
neighborhood.
Sincerely,
Deborah Coffey
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17.40.010
17.40.045
CHAPTER 17.40
PBP - PUBLIC BUILDINGS - PARKS
Sections:
17.40.010 Purpose.
17.40.040 Permitted Uses.
17.40.045 Accessory Uses.
17.40.050 Conditional Uses.
17.40.060 Area and Dimensional Requirements.
17.40.065 Design and Landscaping.
17.40.070 Lighting Facilities.
17.40.080 Signs.
17.40.010 Purpose. PBP Zone - A zoning designation for publicly-owned property, or
property not suitable for development by reason of its topography, geology, or some unusual condition
or situation. Much of the land so designated may best be left as "green belts". (Drd. 2668 ~7 (part),
1/17/92
17.40.040 Permitted Uses.
A. Bleachers, grandstands (subject to review by Planning Commission).
B. Bridle trails.
C. Cemeteries and crematoriums.
D. Civic buildings & governmental offices.
E. Common open space.
E. Conventions centers (publicly owned) and associated activities.
F. Fire stations.
H. Hospitals.
I. Landfills, sanitary.
J. Libraries.
K. Marinas, boat storage, maritime and harbor activities.
L. Municipal pool.
M. Museums.
N. Off-street parking structures and lots.
D. Parks, greenbelts.
P. Picnic areas and facilities.
Q. Playfields.
R. Playgrounds.
S. Recreation structures and facilities.
T. Reservoirs.
U. Schools and school related facilities.
V. Single family residences which meet the requirements of the RS-7 District.
W. Streets, sidewalks, trails, and roads.
X. Utility buildings and structures. (Drd. 3007 ~5 (part), 1/15/99; Drd. 2861 ~ 1 (part),
3/17/95; Drd. 2796 ~13, 2/11/94; Ord. 2702 ~2, 8/14/92; Drd. 2668 ~7 (part), 1/17/92; Drd. 2636 ~12
(part), 5/15/91; Ord. 2382 ~1, 3/15/86; Drd. 1709 ~1 (part), 12/22170)
17.40.045 Accessory Uses. Accessory uses determined by the Planning Director to be
compatible with the intent of this Chapter are permitted. (Drd. 2921 ~ 16, 6/28/96)
17.40.050 Conditional Uses. Other uses compatible with the intent of this Chapter. (Ord.
2668 ~7 (part), 1/17/92; Ord. 2636 ~12 (part), 5/15/91)
8/2001
70
.
.
.
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MA YOR WIGGINS AND CITY COUNCIL
FROM:
Brad Collins, Community Development Director ~
Clallam County Family YMCA REZ 02-04
SUBJECT:
Summary: \ The YMCA has acquired two residences adjacent to their Francis Street complex
for the purpose of future expansion of their recreational facilities. In a separate action, the City is
also processing a requested alley vacation that would allow the YMCA to consolidate the east
end of this block eliminating the bisecting of their complex by the alley and through traffic. The
Planning Commission has reviewed the issue of allowing quasi-public recreational facilities in
the Public Buildings and Parks, which is the interpretation that has permitted earlier expansions
of the YMCA recreational facilities at this location. The currently proposed two phased
remodeling of the YMCA mayor may not take place following any approval of the requested
rezone. The rezone action does not approve or ensure any particular development of the subject
property. A map of the proposed rezone area is attached. Following a public meeting on June
26, 2002, the Planning Commission recommended approval of REZ 02-04, citing 11 findings and
4 conclusions (see attached excerpt of the June 26, 2002, Planning Commission meeting).
Recommendation: Following the close of the public hearing, the Department of Community
Development recommends that the City Council adopt the attached ordinance as read by
title, approving the YMCA Rezone REZ 02-04, and cite 13 findings and 4 conclusions as
recommended by the Planning Commission.
Background I Analysis: See attached staff report. Two letters from neighbors in opposition to the
proposed rezone have been received and are attached. Staff will be available at the meeting to
answer questions.
Attachments: Ordinance and Map
Findings and Conclusions
Excerpt of June 26, 2002, Planning Commission Minutes
Letter from Deborah Coffey
Letter from Ernie and Jane Ahlvers
June 26, 2002, Staff Report
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, rezoning two
residential lots in the 700 block of East Fourth Street from RS-7,
Residential Single Family, to PBP, Public Buildings and Parks.
WHEREAS, the Planning Commission of the City of Port Angeles has considered the
rezoning of the two residential lots in the 700 Block of East Fourth Street from RS-7, Residential
Single Family, to PBP, Public Buildings and Parks, and has recorded its recommendation to the City
Council in the Planning Coriunission minutes of June 26, 2002; and
WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21 C
RCW) have been met; and
WHEREAS, the City Council, after conducting a public hearing, considering the
.
Planning Commission's recommendation, and entering its own fmdings and conclusions, hereby
finds that there has been a change in circumstances since the current zoning designation was adopted
and that said rezone is in the best interest of the City and its citizens and is consistent with the
Comprehensive Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended
to change the zoning ofthe following described property from RS-7, Residential Single Family, to
PBP, Public Buildings and Parks, as shown in the attached Exhibit "A":
Lot 15, Block 63 of Lewis and Mastick's Subdivision of Suburban
Lot 22 and Lot 6, Block 3 Cain's Addition to the Townsite of Port
Angeles.
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Section 2. The City Clerk is hereby directed to attach a copy of this Ordinance to th.
Official Zoning Map and to file certified copies with'the Clallam County Auditor and Clallam
County Assessor.
Section 3 - Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
Section 4 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, shall not be affected.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 16th day of July, 2002.
MAYOR
ATTEST:
.
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
f:\ORDlNANCES&RESOLUTlONS\2002-18 onl wpd
July 2, 2002
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Rezone Application - REZ 02-04
YMCA
Exhibit" A"
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Findings:
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.
2.
3.
4.
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6.
7.
8.
9.
.
Conclusions:
1.
2.
3.
4.
Recommended Findings and Conclusions for REZ 02-04
10.
The applicant, Clallam County Family YMCA, is requesting a rezone of Lot 15,
Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block 3
of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public Buildings
and Parks.
The subject site is comprised of two standard sized lots, 50' by 140' (total of 14,000
square feet) and both contain single family residences.
The Comprehensive Plan designates both lots as Low Density Residential.
The Clallam County family YMCA has been in its current location since 1953.
Portions of the site of the existing YMCA were rezoned from RS-7 to PBP in 1997
and 1998.
The subject property is adjacent to the existing YMCA property and building.
Civic buildings and recreation facilities are permitted uses in the PBP zone.
The purpose of the PBP zone is as follows: "A zoning designationfor publicly-owned
property, or property not suitable for development by reason of its topography,
geology, or some unusual condition or situation. Much of the land so designated
may best be left as Green Belts. "
Due to the nature, size and desired distribution of public facilities throughout the
City, PBP zoned properties are found in a variety of Comprehensive Plan land use
designation, including the Low Density Residential designation.
The SEPA Responsible Official issued a Determination of Non-Significance for the
proposal on June 20, 2002.
The public comment period for this application ran from May 26, 2002, to June 10,
2002. During this time, the Department of Community Development received one
letter from a neighbor expressing opposition to the proposed rezone.
The Planning Commission held a public meeting on YMCA REZ 02-04 on June 26,
2002, and recommended approval to the City Council.
A letter from another neighbor expressing opposition to the proposed rezone was
received on July 12,2002.
11.
12.
13.
Comprehensive Plan policies most directly related to the proposed rezone include:
Land Use Element Policies Al and 2, C1, and 13, and Utilities and Public Services
Element Policies A 1 and B3.
The proposed rezone is consistent with the comprehensive Plan Land Use Policies
Al and 2, C1, and 13; Utilities and Public Services Element Policies AI, B2, 3,4,
C6; Conservation Element B3.
The proposed rezone is compatible with surrounding land uses and zoning ordinance
designations.
The rezone is in the public interest and is compatible with the surrounding zoning
and land use.
Adopted by the Port Angeles City Council at its meeting of July 16, 2002.
Glenn Wiggins, Mayor
.
Becky J. Upton, City Clerk
155
.
.
.
156
.---
Planning Commission Minutes
June 26. 2002
Page 8
. PUBLIC MEETING:
Rezone Application - REZ 02-04 - Clallam County Family YMCA - East Fourth
Street: A proposal to rezone approximately 14,000 square feet of property from RS-7,
Residential, Single Family to PBP, Public Buildings and Parks zone in association with
the YMCA quasi-public use located at 302 South Francis Street.
Associate Planner Scott Johns presented the staffreport.
Commissioner Hewins raised the point that quasi-public is not a defined term in the zoning
ordinance and questioned how it was determined which nonprofit enterprises might be
considered a 'quasi-public' entity and be given consideration that others might not receive.
Commissioner Philpott moved to approve Rezone :r.u:Z 02-04, with 11 findings and 4
conclusions.
Recommended Findings and Conclusions for REZ 02-04
Findings:
1. The applicant, Clallam County Family YMCA, is requesting a rezone of Lot 15,
Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block
3 of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public
Buildings and Parks.
The subject site is comprised of two standard sized lots, 50' by 140' (total of
14,000 square feet) and both contain single family residences.
The Comprehensive Plan designates both lots as Low Density Residential.
The Clallam County family YM;CA has been in its current location since 1953.
Portions of the site of the existing" YMCA were rezoned from RS-7 to PBP in
1997 and 1~98.
. 2.
3.
4.
5.
6.
7.
8.
The subject property is adjacent to the existing YMCA property and building.
Civic buildings and recreation facilities are permitted uses in the PBP zone.
The purpose of the PBP zone is as follows: "A zoning designation for publicly-
owned property, or property not suitable for development by reason of its
topography, geology, or some unusual condition or situation. Much of the land so
designated may best be left as Green Belts. II
9. Due to the nature, size and desired distribution of public facilities throughout the
City, PBP zoned properties are found in a variety of Comprehensive Plan land use
designation, including the Low Density Residential designation.
.
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10.
The SEP A Responsible Official issued a Determination of Non-Significance for
the proposal on June 20, 2002.
The public comment period for this application ran from May 26, 2002, to June
10, 2002. During this time, the Department of Community Development received
11.
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Planning Commission Minutes
June 26. 2002
Page 9
one letter from a neighbor expressing opposition to the proposed rezone.
This action constitutes a recommendation to the City Council, which has final authority.
Conclusions:
.
The following conclusions are based on the information provided in the June 26, 2002 Staff
Report for REZ 02-04 including all of its attachments.
t. Comprehensive Plan policies most directly related to the proposed rezone include:
Land Use Element Policies At and 2, Ct, and 13, and Utilities and Public
Services Element Policies At and B3.
2. The proposed rezone is consistent with the comprehensive Plan Land Use Policies
At and 2, CI, and 13; Utilities and Pub~ic Services Element Policies AI, B2, 3, 4,
C6; C~nservation Element B3.
3. The proposed rezone is compatible with surrounding land uses and zoning
ordinance designations.
4. The rezone is in the public interest and is compatible with the surrounding zoning
and land use.
The motion was seconded by Commissioner Craver, and carried 5-1 with Commissioner
Hewins voting in opposition. Commissioner Hewins stated that he voted against the motion
because he felt that the YMCA was receiving special treatment that was not warranted by
their nonprofit status.
Following further discussion ofthe term quasi-public, the Planning Commission requested thaf
staffbring back a definition of 'quasi-public' to their next meeting.
.
COMMUNICATIONS FROM THE PUBLIC
There were no communications from the public.
STAFF REPORTS
Director Collins indicated to the Commission that staff was trying to monitor the number of
items on the Commission's agenda so that the meetings could be completed by 10:00 p.m. One
item will be continued from the July 10,2002 meeting to the July 24,2002 meeting. Staffhas
had a request to make a presentation on the Hearing Examiner System and would like to schedule
that for the July 24,2002 meeting with the Planning Commission's indulgence. The Hearing
Examiner system would have an impact on the City budget. The County's Planning Director,
Andy Meyer, has been invited to attend the July 10, 2002 meeting to present his thoughts on the
Hearing Examiner system. The County uses a Hearing Examiner system and has in the past
encouraged the City to share in that system. It is expected that the Hearing Examiner system
would be a major item of discussion for the July 24, 2002 meeting
.
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Deborah Coffey
705 E. 4th St.
Port Angeles, W A 98362
360-457-5489
Department of Community Development
P.O. Box 1150
Port Angeles, W A 98362
5 June 2002
Subject: YMCA Application to Rezone Two Townsite Lots from RS-7 to PBP
Dear Sirs,
.
I am a resident of the 700 block ofE. 4th St. in Port Angeles. I purchased my house 2
years ago. Since that time I have made more than $20,000 in remodeling and
improvements to the property. I enjoy the quality oflife of our residential neighborhood
and I wish the record to reflect that I am very opposed to the proposed rezoning from
single family residential to public parks and buildings and the alley vacaton mentioned in
the YMCA's Executive Director's letter to the Neighbors of the YMCA dated 5/28/02. I
believe that the rezoning will have the following negative impacts:
. A reduction in property values of the residential properties in the 700 hundred
block ofE. 4th St.
. A significant increase in the vehicle congestion in the area and on the street.
. An increase in the number of people walking in front of and nearby our property,
and perhaps increased theft and vandalism.
. A change in the ability of the Port Angles Fire Department to serve and protect
our properties, including a loss of the use of the alley from both ends in which to
stage and fight fires, run water tanker shuttles, or protect exposures.
Although, the YMCA tries to be a good neighbor, there is already noise and traffic from
6:30 a.m. well into the evening. The noise from amplified voices and music from classes
such as aerobics and spin cycles is especially annoying.
.
If the YMCA wishes to expand or to expand it's offerings, it is far better for them to
consider pre-existing sites at other locations that are already zoned in their favor, and not
destroy the quality of our residential neighborhood. The YMCA might better serve the
population of Port Angles by having more than one location that serves folks in the
western and/or eastern parts of town in addition to the more central, current location. I
also believe that the proposed rezoning is the first step to acquiring and rezoning the
entire block. I feel that the YMCA has unfairly taken over much of Erickson Park for
YMCA programs, pushing the residents off of the public playing fields many weekday
evenings. I purchased my house based on the existence of Jesse Webster and Erickson
parks nearby (and of course, Swain's as well). The proposed rezoning and expansion of
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YMCA Application to Rezone Two Townsite Lots from RS-7 to PBP
Page 2 of2
the YMCA facility is not a compatible land use with the existing residential .
neighborhood. The neighbors socialize with each other, look out for one another, walk
our dogs together, and enjoy our neighborhood; it would be shameful to spoil such a nice
neighborhood.
Sincerely,
Deborah Coffey
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~ORTANGELES
WAS H J N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT
DATE:
June 26, 2002
TO:
Chair Schramm and Planning Commissi
Scott K. Johns, Associate Planner A '
FROM:
RE:
REZ 02-04
APPLICANT:
Clallam County Family YMCA
OWNER:
Same
LOCATION:
723 & 725 E. Fourth Street
REQUEST:
The proposal is to rezone two lots (Lot 15, Block 63 of Lewis and Mastick's
Subdivision of Suburban Lot 22 and Lot 6, Block 3 of Cain's Addition), from
Residential, Single Family (RS-7) to Public Buildings and Parks (PBP).
RECOMMENDATION
The Department of Community Development Planning Division recommends that the
Planning Commission forward a recommendation for approval of rezone application REZ
02-04 to the City Council, citing the 11 findings and 4 conclusions included in Attachment
A. A map of the proposed rezone is attached.
THE PROPOSAL
The applicant is requesting a rezone from Residential, Single Family (RS-7) to Public
Buildings and Parks (pBJ;l). The subject property is legally described as Lot 15, Block 63,
Lewis and Mastick's Subdivision of Suburban Lot 22 and Lot 6, Block 3, of Cain's
Addition. The subject site is located at 723 & 725 East Fourth Street and contains two lots, 50
feet by 140 feet in size, a total of 14,000 square feet that are currently developed as a single
family residences. The application states that the requested rezone fits in well with the objective
of the City's Comprehensive Plan. Justification for rezone is that the proposal would be
consistent with the established quasi-public and recreationaf uses in the area.
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REZ 02-04 - Clallam County Family' '<\
- - ]une 26, 2002
Page 2
STAFF ANALYSIS
The application is for a rezone only which addresses all potential land uses allowed within that .
zone, and not approval for any specific, subsequent development.
The area consists of two city lots for a total of 14, OOOsquare feet. The subject properties each
contain one single family dwelling, a few trees, and landscaping.
The subject properties are located along the north side of Fourth Street, easterly of mid-block.
The main YMCA building is located to the north across the 3/4 alley and the YMCA parking lot
is located adjacent to the site on the east. The rezone would extend the existing PBP zoning to
the west 100 feet on the south side of the 3/4 alley.
Adjacent zoning designations include Public Buildings and Parks (PBP) to the north across the
3/4 alley and immediately adjacent to the east, Residential Single Family, RS7 to the south across
Fourth Street and west along the remainder of the subject block. The blocks to the east, across
Francis Street are zoned PBP and is developed as Erickson Park, and to the west across Eunice
Street is Esther Webster Park, also zoned PBP.
The Comprehensive Plan land use designation of the subject property is Low Density
Residential. The subject block (between Eunice and Francis Streets) abuts Public Open Space
designations on both the east and west.
The Clallam County Family YMCA is a private, nonprofit quasi-public use providing a variety of
services to the community. Those services range from social service activities to recreational
activities. The YMCA is not truly a public entity but does provide its services to the entire .
community. The nature of the YMCA is such that it has characteristics a public entity, but is
operated as a private, nonprofit organization, and therefore is considered a quasi-public use.
The Clallam County Family YMCA has operated from this location since 1952. Adjacent
properties were rezoned to PBP in 1997 (REZ 97-02) and 1998 (REZ 98-05) to enlarge the
campus.
COMPREHENSIVE PLAN. ZONING & DEVELOPMENT REGULATION REVIEW
Comprehensive Plan.
Land Use Element Policies
General Comments - Commercial- The Land Use Map contains one open space category that
includes all public and quasi-public uses as well as parks and open space, thus providing
maximum flexibility to the City's Zoning Ordinance in regulating the types of public and
recreational uses and their permitted locations.
General Comments - Open Space - "The Open Space category includes areas of the City that
contain unique or major physicalfeatures, such as marine shorelines, bluffs, ravines, major
streams. wetlands, critical wildlife habitat, and other natural areas deemed of significant
importance to the community. This category also includes park and recreational uses. The
development of natural open space areas shall be limited to only that which is necessary and
does not degrade the significance of the area ",
Goal A, Policy No.1 - "The Comprehensive Plan Land use map should be used as a conceptual
guide for determining current and long range zoning and other land use decisions. The map's
land use designations are intended to show areas where general land use types are aI/owed The
area between land use designations should be considered an imprecise margin in order to
provide flexibility in determining the boundary of such areas. When determining appropriate
zoning desi 1~iollJir;;;,an area ne~r::.B~he goals, policies.an~t$1;;ti~i~rf}he Land
. -:. - ;~:1::<-s'~; - ';' f' ;:~.;'.
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Department ofCommumty Developmero ~JaffReport
REZ 02-04 - Clallam County Family ~ '\
June 26, 2002
Page 3
.
Use Element should take precedence. "
Goal A, Policy No.2. - "Allland use decisions and approvals made by the City Council and/or
any of its appointed Commissions, Boards or Committees should be consistent with the
Comprehensive Plan and its land use map".
Goal C Policy No. 1. - "Residential land should be developed on the district and neighborhood
concept. Although such districts may be composed primarily of residential uses of a uniform
density, a healthy, viable district should be composed of residential uses of varying densities
which may be augmented by subordinate and compatible uses. Single family and multi-family
homes, parks and open-spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are alllegitimcite components of district development
and enhancement. A neighborhood should be primarily composed of low, medium, or high
density housing. "
Goal J, Policy No 3. - "Public parks and recreational facilities should be equitably distributed
throughout the City to afford access to all residents ".
Utilities and Public Services Element
Goal A, Policy 1. - "Public facilities should be equitably distributed across the City's planning
areas including designated Urban Growth Areas ".
Goal B, Policy 2 - "The City should participate as a "financial partner" to support essential
programs and services including:
* youth recreation programs and facilities
* library facilities
* senior programs
* low and moderate income housing programs
* facilities for senior programs
* utility assistance for low income households and
* social and public health services.
.
Policy 3 - As a "supporter, " the City should promote and cooperate in providing programs and
services including:
* library programs such as information and assistance
* affordable housing information and referral
* economic and business development services
* tourism information and services
* schools and community learning
* fine arts
* community recreation
* public and private youth, family and senior services
* telecommunications and
* crime prevention programs.
.
Policy 4 - The City should develop and use public facilities cooperatively, in the promotion of
social and community services.
Goal C, Policy 6 - "The City should place special emphasis on the recreational needs of the
youth of the community".
Conservation Element
.: ~~,lf&~__- Policy 3 "::t:r:e City Should1r~cbd en~ype. !~e.\~~~:~cteristics off4~uniqUe
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_ _I)_ep~!lnt of Community Developme'" <;taff Report
REZ 02-04 - Clallam County Family' \
June 26, 2002
Page 4
residential neighborhoods".
In review of the above, applicable policies as they relate to the proposal, we offer the
following comments:
· It can be argued that the YMCA is a Quasi-public entity, providing programs for
youth and recreational opportunity. The rezone of the two subject parcels is
therefore consistent with the Comprehensive Plan in promoting and cooperating in
provision of programs and services as well as placing special emphasis on the
recreational needs of the youth of the community.
· It can also be argued that by granting the rezone, the City is cooperatively
developing public facilities in the promotion of social and community services.
· It could also be argued that the YMCA has characteristics of a commercial
enterprise. The rezone from SR-7 to PBP (which would allow the futUre
expansion of the YMCA facilities) may not protect and enhance the characteristics
of Port Angeles's unique residential neighborhoods and could therefore, be
inconsistent with the Comprehensive Plan. Conversely, ifthe future use of the
site were to increase off-street parking and restrict nonresidential traffic through
the alley, benefits to the neighborhood could be realized.
· If the rezone is approved, requiring the applicant to adequately buffer any future
development from the surrounding neighborhood would be appropriate and
consistent with the Comprehensive Plan.
.
.
ZODiD!! Code. The purpose of the Zoning Code is to implement the goals, policies and
objectives of the Comprehensive Plan by dividing the City into zones restricting and
regulating the location, construction, alteration of the use of structures and land, and to
promote the orderly and appropriate development of such areas. A description of RS-7
and PBP is as follows.
RS-7 (P AMC 17.10). This a low density residential zone intended to create and preserve
urban single family residential neighborhoods consisting of predominantly single family
homes on standard Townsite-size lots. Uses which are compatible with and functionally
related to a single family residential environment may also be located in this zone.
Examples of permitted and conditional uses include single family residential, adult family
homes, public parks and recreation facilities, churches, libraries and public and private
schools.
Public Buildings and Parks (P AMC 17.40). A zoning designation for publicly-owned
property, or property not suitable for development by reason of its topography, geology,
or some unusual condition or situation. Much of the land so designated may best be left
as "green belts".
Examples of permitted and conditional uses that differ from those allowed in the RS- 7
zone include off-street parking structures and lots, recreational structures and facilities,
and governmental buildings and facilities. Design and landscape standards include the .
requirement to provide visual screening in the yard abutting residentially zoned land,
have outdoor storage areas screened from view, and parking lots must meet landscaping
standards.
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REZ 02:04 - Cla1lam County Family' \.
June 26; 2002
Page 5
.
Any amendment to Title 17 Zoning, shall be consistent with Section 17.96.100
P AMC, which reads as follows:
17.96.100 Amendments.
A. In determining if an amendment to these regulations is needed, the City
Council shall give due consideration to the proper relationship of such amendment to the
Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the
integrity and validity of the zones herein described and to avoid any isolated spot zoning
changes in the Zoning Map.
B. Any amendments adopted by the Council may be modified from the form in
which they were advertised within the limits necessary to relate properly such
amendment or amendments to the Zoning Regulations. Final action on such
modifications shall be subject to review and report of the Planning Commission prior to
final passage by the City Council.
C. No application for a change of zoning of any lot, parcel or portion thereof
shall be considered by the Council within one year of the final action of the Council upon
a prior application covering any of the same described land This provision, however,
shall not impair the right of the Council to propose by their own action any amendment
or change in the boundaries of any of the zones in these regulations.
Certain criteria are required to be met for the approval of rezones which are consistent
with the Comprehensive Plan. Consistency with the Zoning Ordinance, includes
maintaining the validity, integrity and purpose, and intent of the zones, as well as
avoiding spot zones.
As discussed in the review of the comprehensive planning policies, consistency with the
policy to protect neighborhood character may be compromised by the approval of the
proposal, which is the main issue that needs to be addressed. Given that Comprehensive
Plan consistency can be found, then compliance with the Zoning Code can be made by
the proposal. Since the subject property abuts a Public Building and Park zone, the
proposal is not considered to be a spot zone which requires the following three tests: I) a
small parcel of land is singled out for special and privileged treatment; 2) the singling out
is not in the public interest but only for the benefit of the land owner; and 3) the action is
not in accordance with the Comprehensive Plan.
.
COMMENTS
Notice of the proposed rezone was published in the Peninsula Dailv News on May 26,2002, and
posted on the site on May 22, 2002~
The Fire Department indicated that they have no comments or objections to the proposed rezone.
The Public Works and Utilities Department had no comment. The Building Division had no
comment on the rezone.
The written public comment period for this application concluded June 10, 2002. One written
comment was received stating opposition to the proposed rezone.
.
ENVIRONMENTAL REVIEW
'"
There are no environmentally sensitive areas located on or adjacent to the subject property.
Subsequent development of the property would require compliance with various chapters of the
Port Angeles Municipal Code, as it applies.
. - .167~
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Department of Community Dey~!~p~eJ1t 1itaffReport
REZ 02-04 - Clallam County Family . '~
June 26, 2002
Page 6
The City's State Environmental Policy Act Responsible Official issued a Determination of
Nonsignificance for the proposal per WAC 197-11-355 on June 20, 2002.
STAFF RECOMMENDATION
This rezone application is limited to one "open record" public hearing before the City
Council. The meeting before the Planning Commission is not a public hearing and
testimony cannot be taken. According to R.C.W. 36.70B, Local Project Review ("The
Regulatory Reform Act"), the Planning Commission shall hold a public meeting which may
include an informal hearing, and make a recommendation to the City Council. The
recommendation is to be based solely on the information contained in the official file which
includes any public testimony that was received.
The Planning Division recommends the Planning Commission forward a recommendation for
approval of rezone application REZ 02-04 to the City Council, citing the findings and
conclusions listed in Attachment A:
Attachment A - Recommended Findings and Conclusions
Exhibit 1
Application Materials
REZ0204 wpd
168
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Department of Community DevelopmeJ1' C;taff Report
REZ 02~04 --Clallam County Family T \
June 26, 2002
Page 7
Attachment A
. Recommended Findings and Conclusions for REZ 02-04
1. The applicant, Clallam County Family YMCA, is requesting a rezone of Lot 15,
Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block
3 of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public
Buildings and Parks.
2. The subject site is comprised of two standard sized lots, 50' by 140' (total of
14,000 square feet) and both contain single family residences.'
3. The Comprehensive Plan designates both lots as Low Density Residential.
4. The Clallam County family YMCA has been in its current location since 1953.
5. Portions of the site of the existing YMCA were rezoned from RS-7 to PBP in
1997 and 1998.
The purpose of the PBP zone is as follows: "A zoning designation for public/y-
awned property, or property not suitable for development by reason of its
topography, geology, or some unusual condition or situation. Much of the land so
designated may best be left as Green Belts. "
Due to the nature, size and desired distribution of public facilities throughout the
City, PBP zoned properties are found in a variety of Comprehensive Plan land use
designation, including the Low Density Residential designation.
The SEPA Responsible Official issued a Determination of Non-Significance for
the proposal on June 20, 2002.
11. The public comment period for this application ran from May 26, 2002, to June
10, 2002. During this time, the Department of Community Development received
one letter from a neighbor expressing opposition to the proposed rezone.
This action constitutes a recommendation to the City Council, which has fmal authority.
.
6. The subject property is adjacent to the existing YMCA property and building.
7. Civic buildings and recreation facilities are permitted uses in the PBP zone.
8.
9.
10.
Conclusions:
I. Comprehensive Plan policies most directly related to the proposed rezone include:
Land Use Element Policies Al and 2, CI, and 13, and Utilities and Public
Services Element Policies Al and B3.
2. The proposed rezone is consistent with the comprehensive Plan Land Use Policies
Al and 2, CI, and 13; Utilities and Public Services Element Policies AI, B2, 3,4,
C6; Conservation Element B3.
.
3.
4.
The proposed rezone is compatible with surrounding land uses and zoning
ordinance designations.
The rezone is in the public interest and is compatible with the surrounding zoning
and land use.
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CITY OF PORT ANGELES
REZONE APPLICATION
fB)[E~[E~W[Erm
lf1)1 MAY 1 0 . [lW
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CITY OF PORT ANGELES
I T
PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM
1. (A) APPLICANT Clallam Countv Familv YMCA
Address 302 So. Francis. Port Angeles W A 98362
(B) PROPERTY OWNER (if other than applicant)
Property Owner's Address (if other than applicant)
Daytime Phone
Phone
360-452-9244
360-452-9244
Daytime Phone
(C) APPLICANT'S REPRESENTATIVE ifother than application or property owner
Dan Maguire. YMCA Executive Director Phone 452-9244
\W",.. ~\'\O 10.........
2. (A) Legal Description of Subject Property Lot~d 15 in Block 63 of Lewis and Masticks' Subdivision of
Suburban Lot Number 22 in the City of Port Aneeles as {Jef plat thereofreco~ded in Volume 1 of Plats. page
52. records ofClallam County. o-.~ \..o~ ~ 1 ~ \<:ll..~ ~ I CA., ",'S .. 0 ~ - t' I'1G) t)').-
(B) General Location of Subject Property. 723 and 725 East 4th St Port Aneeles
3. Size of Subject Property: Two city lots each 50' x 140' for a total of 100' x 140'.
4. Zoning of Subject Property RS-7 (simrle family residential) Proposed Zoning Designation PPB (Park and
Public Buildine)
5. Characteristic of Subject Property (how is it developed) Site tooo2l'3ohy is flat. Each propertY has a residential
house on it.
6. Characteristics of Surrounding Area (what uses are around the property) Prooerty east is a YMCA parking lot
and then the City owned Erickson Field oropertY west is residential oroperty south is residential and the
oroperty north is the YMCA facility.
7. Comprehensive Plan Designation of the Property. Prooerty is zoned RS-7 (residential. single family), Chaoter
17.10 of the City Zonine Code describes RS-7 as: "a low density residential zone intended to create and
preserve urban sinele familv residential neiehborhoods consistine of predominantly sinele family homes or
standard Townsite-size lots." Our hope is to rezone to PPB (Parks and Public Buildings) in line with our long-
range plans to incoroorate this property as part of a YMCA expansion. Chapter 17.40 describes PPB as "a
zoning deseination for Dublicly~wned orooerty..." and lists a permitted use as "Recreation structures and
/
facilities:"
CITY OF PORT ANGELES Plannmg Department, 321 East Fifth Street. P.O. Box 1150. Port Angeles WA 98362 (360417-4750
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8. Comprehensive Plan Designation of Surrounding Properties: All YMCA prooerty is zoned PPB. Properties .
immediately south and west of the property are zoned RS-7. Property east of Y is Erickson Park zoned RS-7.
The YMCA would ultimately love to see a recreational corridor that stretches from Erickson Park to the east to
Webster Park to the west (funds oermittinl!).
9. Applicable Comprehensive Plan Policies Public facilities should be equitably distributed across City's
planning areas and be available for quasi-public uses. (Chapter 5. land use ~oal 13).
10. JUSTIFICATION FOR ZONING CHANGE
(A) Relationship to Comprehensive Plan. This rezone apolication is comoatible with the "Utilities and Public
Services Element of the Comprehensive Plan" as follows:
Goal AI: "Public facilities should be equitably distributed according to accepted standards"._
Poliey 2: "The City should participate as a "financial partner" to support essential programs and
services including youth recreation programs and facilities". The City provides parking
facilities on Francis St and also provides access to Civic Field and other recreational facilities
as needed to the Y at no charge.
Poliey 3: "As a "supporter," the City should promote and cooperate in providing programs and .
services including community recreation." A rezone to PPB would allow the Y to more
effectively selVe the community. The YMCA is too small to meet the needs of the local
community. Further expansion will enable the Y better meet the needs of people of all ages
and better support Port Angeles as a great place to raise a family.
Poliey 4: "The City should develop and use public facilities cooperatively, in the promotion of
social and community services." The Y exists to "build strong kids, strong families and strong
communities." I would note that in its support of the social and community welfare, the Y
provides fee subsidy to approximately 1/3 of its members, ensuring that no one is turned away
because of income.
Goal C: "To provide safe, clean, usable, and attractive public facilities which enhance the cultural,
educational, economic, recreational and environmental attributes of the City."
Poliey 6: "The City should place special emphasis on the recreational needs of the youth of the
community." The YMCA facility, of course, is heavily utilized by youth, from infancy to
young adult, seven days a week. Youth may be involved in structured programs or are simply
enjoying the facility.
(B) Suitability of Property for Proposed Zoning The YMCA needs room to exoand to meet the needs of the
local community. These orooerties are the easiest. most cost-effective way to do so. Please note that we
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are also aoolvin~ for a vacation of the allev between the YMCA facilitv and the Drooerties at issue. The
YMCA is a quasi-Dublic facili~ that provides affordable recreational ODDOrtunities to area citizens. PPB
zonin~ lists recreational structures and facilities as an aDvrovriate usa~e of PPB zoned Drooerties.
Prooertv is adjacent on two sides to the YMCA. The neildlborhood orovides many oDDOrtunities for
public recreation including Webster Park. Civic Field. the YMCA. Erickson Field and the Veterans
Center.
(C) Change in Circumstances Since Original Zoning The YMCA was rezoned from RS.. 7 to PPB in 1998.
The Drooerties at issue were purchased by the YMCA in 200 I with the intent to include as Dart of the
YMCA.
(0) Inappropriateness of Current Zoning As noted. these Droperties (and ultimately additional Drooerties
immediately to the west between 3m and 4th SO provide an ideal oDDOrtunitv to develop an exoanded
YMCA. This expansion would certainly be in character for the neiMborhood as indicated by the
nei~borhood and the adiacent or near-adjacent Drooerties dedicated to recreational opportunities.
.
II. I CERTIFY that all of the above statements are true to the best of my knowledge and acknowledge that willful
misrepresentation of information will ~~~e1y terminate this application.
~~~-
SI~~TURE
.~--)-D y--
DATE
File No. /l k"7- 02. -() r
Received
Hearings
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173
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Call: 1-802-362-8440'. Fax: 1-802-362-0285 '. On-Line: wWw.vermontcountrystore.com' '. "
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r ,., , '1:"''<l'''Tbe'Bmboard bidUstry's'~",f':^~ ,;;',\,
~ ' Stealth Strategy, . " ".~~~.
As a Vermont businessman I appreciate just how '
good for business our state law banning billboards
is. Here, you can see our scenery without the visual
impediment and jarring ugliness of billboards. All -
businesses are on equal ground; no highway signs .
for anyone except small State-administered direc- ' ,
tional ones. Vermont. and its businesses, many of :
which depend on tourism, are more desirable and
more prosperous without billboards. This is a secret
that the Billboard Industry, like the Tobacco
Industry, dominated by a handful of very rich com-
panies which engage in ruthless legal threats to get
their way, does not want other states to hear about.
Their current strategy is to challenge every single
local billboard and sign ordinance in small towns
across America, winning one by one over towns that
simply'cannot afford to defend the multiple lawsuits ';'1
brought by the industry. Once they get enough ,
"wins" they will use the resulting horde of case law
to get Federal law to prohibit any town or state in
~ericaJrom regulating billboards. .
If this is happening in your town, you can con-
tact Scenic America, on whose Board I serve, for .
help at www.scenic.org. They have experts in bill-"
board law, and many states have Scenic America
Affiliates. Scenic America can also use your help
if this issue-and others concerning keeping our
Amencan landscape beautiful-is pressing to you,
as it is to me. "", '. I' , "
All you have to do is drive around Vermont and
feel the serenity of scenery untarnished by bill-
boards and you'll realize how important it is to stop,
building any new ones nationally, a goal that is part . .
of Scenic America's mission. I believe billboards
are not a right, but scenery is., " :'
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YIACOIt\
OUTDOOR
June 17, 2002
Gerald E. Sorensen
3157 Hazel St.
pt. Angeles, WA 98362
RE: 901,139 (Panel #: 000500)
Dear Mr. Sorensen,
As you may know Viacom Outdoor ("Viacom") has acquired all of the assets of
Infinity Outdoor in Clallam County. I am employed by Viacom in the same
capacity as I had been with Infinity. I can tell you that Viacom's record
is to work with communities, and to aggressively defend their substantial
rights.
It has come to our attention that the County has been sending to property
owners with whom we have a lease interest, a letter advising that
the County sign ordinance purports to require a property owner to remove the
off-premise sign now owned by Viacom. Viacom has not received any communication
from the County in this regard.
Viacom views the County letter to our property owners with whom we have a
lease as a material interference with our business relationship. Further,
if the ordinance was to be enforced, Viacom views such an action as
materially affecting Viacom's substantial rights, and the rights of those
with whom we have a business interest, including both the underlying
property owner who we lease from, and those who lease our sign space.
To this end, we have had our attorney prepare a letter to the County
Prosecuting attorney and Director of Community development advising of
Viacom's concerns and I interest. I have attached a copy of this letter.
The election this fall will be critical. We urge your support of County
Commissioner candidates who support a repeal of the sign code as it relates
to the required removal or alteration of existing legal signs without monetary
compensation to both Viacom, and yourselves as the underlying property
owner.
Sincerely,
it/~ &r,./L~
Bernie Conklin
Real Estate Representative
195 Silver Lane. Po. Box 40190, Eugene, OR 97404 (541) 607-9355 Fax: (541) 607-9384
WWW.VIACOMOUTDOOR.COM
.
.
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~ORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 16, 2002
To:
MA YOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director ~
MUNICIPAL CODE AMENDMENTS MCA 01-02B
FROM:
SUBJECT:
Summary: The Council opened a public hearing on a comprehensive review of development
regulations in the Port Angeles Municipal Code (P AMC) at its June 17, 2002, meeting and
continue the public hearing to its July 16, 2002, meeting. In 2001, the Citizen Code Advisory
Committee (CCAC) of representatives from community interests related to development
proposed amendments, which have been reviewed by the Planning Commission at a number of
public hearings. Some of the amendments, particularly in the Sign Code, continue to be issues,
which the City Council will need t() resolve.
Recommendation: The Department of Community Development recommends that the City
Council continue the public hearing on Municipal Code Amendments MCA 01-02B to its regular
City Council meeting of August 20, 2002, to allow for more public input that is forthcoming.
Backl:round / Analysis:
The issues with consolidating all the sign regulations into Chapter 14.36 following the
language in the Downtown Sign Code and incorporating the Zoning Code sign regulations for other
zones remain the most controversial. In particular, the size limitation of billboards has three option$
from which the Council should choose. The County and public testimony at the June 17 public
hearing requested minimizing billboards to a size limit of 128 square feet as in the County's sign
regulations or prohibit them all together The staff suggested using the current sign industry standard
of 600 square feet. A third option would be to limit billboards to 300 square feet, the sign industry
standard at the time many of the billboards in Port Angeles were erected. Most of the other issues
wIth amendments to the sign regulations stem from applying what were previously the "Downtown
Sign Code requirements" to the other nonresidential zones throughout the City. For example, staff
has long interpreted sign exemptions and prohibitions from the Downtown Sign Code for signs
outside the Central Business District, because the sign regulations in the Zoning Code ignore not
only most of these administrative actions but also sign definitions and permit procedures. See
Attachment B for all the proposed Sign Code amendments.
The issues regarding parking space requirements into Chapter 14.40 have had little public
testimony. For the most part, the amendments simply add requirements for new uses and modify or
eliminate requirements for archaic uses. Several Plarming Commissioners were concerned about the
parking problems of institutional uses such as hospitals and colleges that are reflected in standards
175
CC Memo - Municipal Code Amendments MCA 01-02B
July 16, 2002
Page 2
which do not correspond to current traffic patterns for such uses. The developing concepts of "low .
impact development" (LID) and "smart growth" question using "minimum" parking requirements
instead of "maximum" parking requirements. However, this issue of minimum versus maximum
parking requirements for new development has not been brought forward. See Attachment C for all
the proposed Parking Ordinance amendments.
The issues with clarifying subdivision regulations and standardized street improvement
requirements revolve around correcting references between various P AMC sections where the
standards have been cross-referenced over many years. Most of the examples are with minor
language conflicts describing local access street standards. A more recent cross-referencing problem
came up in a short plat appeal over sewer connection for all new subdivision lots created after
January 1, 1995, while language in Chapter 16.04 and 16.08 still seemed to allow for septic systems
under some conditions. This particular issue is not in the proposed amendments. See Attachment
D for all the proposed amendments in the four Subdivision Ordinances.
The issues with the Zoning Code strike to the heart of the Citizen Code Advisory
Committee's concerns, which were to clarify and emphasize what development is desired in each
zone. The various code requirements could be more user-friendly and easier to read if the purposes
of the development regulations were made positively about what development the community wants
to take place as opposed to statements about requirements explaining what cannot be done. See
Attachment E for all the proposed Zoning Code amendments.
Attachments: Attachment B Sign Code Amendments
Attachment C Parking Ordinance Amendments
Attachment D Subdivision Ordinances Amendments
Attachment E Zoning Code Amendments
June 17,2002, Staff Report
.
.
176
ORDINANCE NO.
A-rrAt"""NT 8.
[IDOO~~1f
AN ORDINANCE of the City of Port Angeles, Washington, creating a new
City-wide Sign Code by incorporating the Downtown Sign Code
requirements for commercial, industrial, and institutional signs and
adding new regulations for commercial message signs to include
allowances for A-frame signs, temporary commercial event signs, and
electronic messaging signs and specifications for the maximum size of
billboard signs, repealing the current zone-specific sign regulations as
set forth in PAMC 17.20.220, 17.21.220, 17.22.220, 17.23.220,
17.30.070, 17.32.070, 17.34.070, and 17.40.080, and amending
Ordinances 1709 and 2152, as amended, and Chapter 14.36 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2152 as amended and Title 14 of the Port Angeles Municipal Code
are hereby amended by amending Chapter 14.36 PAMC to read as follows:
Sections:
14.36.010
14.36.020
14.36.030
14.36.040
14.36.050
14.36.060
14.36.070
14.36.080
14.36.090
14.36.100
14.36.110
14.36.120
14.36.130
Chapter 14.36
SIGN CODE
Purpose.
Definitions.
Applicability.
Permit.
Exempt Signs.
Requirements Applicable to All Nonexempt Signs.
Permitted Signs.
Prohibited Signs.
Removal of Prohibited and Nonconforming Signs.
Variances.
Notice.
Enforcement.
Violation - Penalty.
14.36.010 Purpose. The purpose of this Chapter is to enhance the aesthetic and
commercial appeal of the. CentLal DusinGss District of the City by establishing standards and
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regulations for the design, placement, size and maintenance of all exterior signs and sign structures
which convey a commercial message and aid the general public in locating businesses, goods, and
services. , in Older to emphasize the {Jedesti~all uatme ofthG Central DusiuGSS District. The intent
of the Sign Code is to differentiate between the intensities of various commercial and industrial
zones as well as the pedestrian character of the Central Business District and Commercial
Neighborhood Zones and the automobile-oriented character of other commercial and industrial
zones. Commercial message signs are not allowed in residential zones, except as provided for
Residential Trailer Parks and Bed & Breakfasts in Chapters 17.13 and 17.18 PAMC. Residential
structure and subdivision identification signs permitted in Titles 16 and 17 P AMC are not considered
commercial message signs and, therefore, are not regulated under the Sign Code. It is further the
purpose of this Chapter to protect the general health, safety and welfare of the citizens of the City
and ensure vehicular and pedestrian safety by prohibiting flashing, rotating, mobile, and similar
signs that may distract or change locations and thereby endanger the traveling public. , both exi~ting
as wdl as those placed in the Central Dusiness DistIict in the, future. (Ord. 2152 SI, 7/1/81.)
14.36.020 Definitions.
A. Except where specifically defined herein, all words used in this Chapter shall
carry their customary meanings. Words used in the present tense include the future, and the plural
includes the singular. The word "shall" is mandatory; the word "may" denotes a use of discretion
in making a decision. The words "used" or "occupied" shall be considered as though followed by
the words "or intended, maintained, arranged, or designated to be used or occupied".
B. Banner. A piece ofmanmade or natural cloth or fabric, displaying a distinctive
non-commercial design, which is securely attached by one two or more edges to a building or pole,[,.
01 staff or other de v iee intended for such display.
C. Billboards. An off-premise eoutdoor advertising signs containing a commercial
message, conuner cial 01 other wise, unrelated to any use or activity of the property on which the sign
is located.
D. Display Surface. That part of a sign structure used to display an integrated
advertising message.
E. FlutteringDevice. Pennants. flags, flyers, ribbons, balloons, or other fluttering
devices or strings of such devices. which are used to attract attention for commercial purposes.
EE. Marquee or Awning. A permanent covering structure projecting horizontally
from and attached to a building, affording protection from the elements; including but not limited
to fire-resistive cloth awnings and mansard roofs.
GF. Person. Any individual, corporation, association, firm, partnership, and the like,
singular or plural.
He. Right-of-way means a dedicated or owned right-of-way of the City, between the
outer boundaries thereof, within which may be located a street, highway, sidewalk, alley, avenue,
or other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance. A
. right-of-way or easement is included within the definition of "Right-of-way" , whether such right-of-
way or easement is currently used or not.
IH. Shopping Mall. For the purpose ofthis Chapter, a shopping mall is a group of
stores and businesses operating by formal agreement under one management and with an association
responsible for marketing and promotion activities of the businesses as an entity, generally occurring
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in one building, but occasionally occurring in more than one building, on a site that is developed and
operated as a single, integrated entity.
It.- Sidewalk means that portion of the right-of-way, if any, which is designed for
pedestrian use, adjacent and parallel to a street. "Sidewalk" includes the area which would otherwise
be a planting strip, if the area is either covered with cement or is otherwise used for pedestrian
travel.
Kf. Sign. Any letters, figures, design, symbol, trademark, or device intended to
attract attention for commercial purposes to any activity, service, place, subject, person, firm,
corporation, public performance, article, machine, or merchandise, and including display surfaces
and supporting structures thereof.
L*. Sign Area. The area of the sign shall be the sum of each display surface,
including both sides ofa double-faced sign, as determined by circumscribing the exterior limits on
the mass of each display erected on one sign structure with a circle, triangle, or quadrangle
connecting all extreme points. Where a sign is composed of two or more individual letters mounted
directly on a wall, the total display surface, including its background, shall be considered one sign
for purposes of calculating sign area. The structure supporting a sign is not included in determining
the area of the sign unless the structure is designed in a way to form an integral part of the display.
Mh Sign - A-Frame. A small portable sign consisting of two identically sized
surfaces permanently joined at the top and capable of opening to an inverted "V" of fixed maximum
width so that the sign supports itself and looks like a capital "A" when viewed from a point
perpendicular to the display surfaces.
N. Sign. Auto-Oriented. A sign designed to identify a business or commercial
activity to a person traveling in an automobile or other motorized vehicle on the adiacent street.
O. Sign. Building-Mounted. A single or multiple faced sign. which is permanently
attached to a building and which is also known as an attached sign. since it is attached or mounted
on a building.
~M:- Sign. Freestanding. A single or multiple faced sign, supported from the ground
by one or more columns, uprights, or braces.
QN. Sign. Marquee or Awning. Any sign attached to, supported by, or incorporated
. .
III a marquee or awmng.
R. Sign. Mobile. Any sign that is not permanently attached to a building or the
ground including A-frame signs. sawhorse signs. trailer-mounted signs. vehicle-mounted signs. pole
temporary attachments. and large inflated displays.
~e. Sign. Pedestrian. A small sign designed to identify a business or commercial
activity to a person walking nearby pedestrian and indicate the location of the entrance business.
IP. Sign. Proiecting. Any sign other than a wall sign which extends more than
twelve (12) inches from the facade of the building to which it is attached.
U~. Sign. Roof. Any sign erected upon, against, or directly above a roof or on top
of or above the parapet of the building.
VR Sign. Rotating. Any sign which rotates on a fixed axis.
WS. Sign. Temporary. A sign constructed of cloth, canvas, cardboard, wallboard, or
other light material, intended to be displayed for a limited period oftime, not to exceed ninety (90)
days within a single calendar year, unless otherwise specified in this Ordinance.
Xf. Sign. Wall. Any sign attached to and supported by the wall of a building or the
wall of a structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
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Yl:f. Sign. Window. Any sign located inside and affixed to or within three (3) fee.
of the window panes of a building, whether temporary or permanent.
ZV. Street. A public right-of-way which affords a primary means of access to
abutting property.
AAW. Street Frontage. The side of a building facing the street.
BB*. Surface Area or Facade. The surface area or facade shall be the area of that
continuous exterior front, side, or back surface of a building, including doors and windows, but
excluding any roof area. (Ord. 2452 91, 7/30/89; Ord. 218291, 12/15/81; Ord. 2152 92, 7/1/81.)
ce. Visible Sign Area. The total of all sign faces visible from anyone location.
(Ord. 2452 ~1, 7/30/89; Ord. 2182 ~1, 12/15/81; Ord. 2152 ~2, 7/1/81.)
14.36.030 Applicability. This Chapter shall regulate signs in the area zoned Central
Business District throughout the City of Port Angeles in all nonresidential zones as it-is they are
designated in Ordinance No. 1709 and as iris they are set forth in the Official Zoning Map for the
City, as it they now exists or may hereafter be amended. (Ord. 2152 ~3, 7/1/81.)
14.36.040 Permit.
A. Required. No person shall erect, relocate, or otherwise construct or alter any sign
in the CcntIal Dusiness Disttict City without complying with this Chapter and, when required,
obtaining a sign permit from the Building Division ofthe City of Port Angeles. A separate permit
shall be required for each sign for which a permit is required.
B. Permit Application. Each permit application shall be filed with the Building
Division by the property owner, lessee, contract purchaser, or other person entitled to possession Of.
the property, or by an authorized agent, on a form provided by the city, and shall contain and include
the following:
1. Building name and location.
2. Building owner and lessee; sign owner and sign lessee; name of business;
primary product and/or service.
3. Location' of existing and proposed signs.
4. Descriptions of signs, including dimensions, materials, and copy material.
5. Required fee.
6. Name, address, and telephone number ofthe sign installer.
7. Notarized statement that the building owner or an authorized
representative will remove the sign within one year if the business becomes non-operating.
C. Permit Fee Schedule. A peimit fee in an amount as shall from time to time be
set by the City Council by resolution shall be paid to the Building Division.
D. Activities Exempt from the Permit Requirements. The following activities shall
not require a permit:
1. The changing of advertising copy or message on a lawfully erected
painted or printed sign, theater marquee, or similar signs specifically designed for the use of
changeable copy.
2. Maintenance or cleaning of a sign, and repainting existing copy of a
permitted sign or legal nonconforming sign, provided the repainting of a legal nonconforming sign
does not occur after the amortization period. (Ord. 2542 92, 7/30/89; Ord. 2152 94, 7/1/81.)
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14.36.050 Exempt Signs. The following signs are exempt from the permit requirements
of this Chapter:
A. Official traffic signs, directional signs, banners, signals, business directory maps,
kiosks, and public notices erected by public authorities.
B. Informational service signs, such as "Customer Parking", "Driveway Entrance"
and "Exit", not to exceed six (6) square feet. Although these signs are exempt. an electrical permit
may be required for installation.
C. Signs identifying public conveniences, such as restrooms, telephones, bus stops,
and taxicab stands, not to exceed three (3) square feet.
D. Informational warning signs, such as "No Trespassing", "No Dumping", "No
Parking", not to exceed eight (8) square feet.
E. Building address identification numbers are to be no more than twelve (12)
inches in height, nor less than six (6) inches in height. Number material must contrast with wall
color they are mounted on.
F. A permanent building identification, including building plaques, cornerstones,
name plates, and similar devices.
G. Temporary political signs and signs displays in windows of pcuty politie,al
headquarters, provided they such signs are not located in public rights-or-way and are removed
within fourteen (14) days after the election.
H. Temporary decorations customarily displayed at special holidays, such as
Christmas and Independence Day, provided they are removed within fourteen (14) days after the
holiday.
L Seasonal decorations. banners. and other distinctive noncommercial displays
affixed to light poles. or other public standard. by the City or nonprofit organizations.
II. One temporary real estate sign for each street frontage located on the premises
for sale, lease, or rent, not exceeding eight (8) square feet; provided that it is removed fourteen (14)
days after the sale, lease, or rent of the premises. Two A-frame temporary real estate open house
signs not located in the public right-of-way and not exceeding eight (8) square feet in total sign
area for each sign: provided that the signs are removed when the house is not open to the public.
IG. One temporary sign for each street frontage denoting the architect, engineer, or
contractor, placed upon work under construction, not to exceed eight (8) square feet; provided it is
removed fourteen (14) days after completion of construction.
L*:. Any sign located within a building not visible from the street or sidewalk.
Although these signs are exempt. an electrical permit may be required for installation.
Mb. One state flag and two national Fflags on sites containing government
institutions andor commercial institutions establishments.
NM. Sculptures, fountains, mosaics, murals, not incorporating advertising or
identification of a business.
ON. Sandwich board signs worn by a person while walking the public ways of the
.
City.
.
reo Signs painted directly on windows, and window signs, except as the type of sign
may be specifically prohibited by Section 14.36.110 of this Chapter.
QP. Traditional theater marquees, not exceeding two hundred sixty (260) square
feet. Although these signs are exempt. a building permit and an electrical permit may be required
for construction.
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for installation.
SR Temporary community service signs which are erected by community service
organizations, are intended to record and display the progress toward a community goal or announce
a coming community event, do not exceed two hundred (200) square feet, are installed pursuant to
a building permit, are removed within fourteen (14) days after the event, and are not up for more
than three (3) months in any calendar year or in any six-month period commencing at the date of
installation; except that this Section shall not allow the type of signs that are specifically prohibited
by Section 14.36.110 of this Chapter; except further that for the purposes of this Section, community
service signs shall not be considered billboards. (Ord. 2542 ~3, 7/30/89; Ord. 2182 ~2, 12/15/81;
Ord. 2152 ~5, 7/1/81.)
T. Signs mounted on public transit vehicles and facilities. (Ord. 2542 ~3,
7/30/89; Ord. 2182 ~2, 12/15/81; Ord. 2152 ~5, 7/1/81.)
Barber Poles. Although these signs are exempt, an electrical permit is reqUire.
14.36.060 Requirements Applicable to All Nonexempt Signs.
A. Sign Illumination. Illumination from or upon any sign shall be shaded, shielded,
directed or reduced as to avoid undue brightness, glare or reflection of light on private or public
property in the surrounding area, and so as to avoid unreasonably distracting pedestrians and
motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to
make the sign reasonably visible to the average person on an adjacent street or recognized pedestrian
or marine route.
B. Content. Content of commercial signs shall be limited to identification Of.
business, major enterprise, product or service. A sign may utilize changeable copy; provided that
the copy is limited to identification of products sold and services offered or contains a community
service message; and provided further that any sign authorized in this Chapter shall be allowed to
contain non-commercial copy in lieu of any other copy and that content of non-commercial signs
shall not be regulated or limited pursuant to this Chapter or any othef Ordinance ofthe City of Port
Angeles, nor shall any such Ordinance be so construed.
C. Compliance with other ordinances. Nothing in this Chapter shall be construed
to modify or in any other manner alter the requirement that any sign comply with all other
ordinances of the City as they may now exist or hereafter be amended; except that content of non-
commercial signs shall not be regulated or limited by any such Ordinance, nor shall any such
Ordinance be so construed. COrd. 2649 ~I, 8/20/91; Ord. 2152 ~6, 7/1/81.)
14.36.070 Permitted Signs.
A. Total Si~ll. AlGa on StreGts. Signs in the Central Business District (CBD) Zone.
Signs in the CBD zone shall comply with the requirements of this subsection. Each individual
business with street frontage may have a total sign area of all non-exempt signs not to exceed 20%
ofthe surface area ofthe building facade occupied by the business, or two hundred (200) square feet,
whichever is less, and up to 90% of the sign may be on a part of the same facade not occupied by
the business. When a building is located on more than one street frontage, each visible building
facade shall be considered separately. Such signs may be wall signs, marquee signs, pedestrian
signs, free-standing signs, projecting signs, or any combination thereof, subject to the following
standards:
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I. Wall Signs. Wall signs shall be mounted parallel to the building facade
and shall project no more than eighteen (18) inches from the wall on which they are attached.
2. Marquee or Awning Signs. A sign may be mounted on the front or front
outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign shall
not exceed a vertical distance of two (2) feet above the front outer top horizontal edge of the
marquee or awning and all supporting mechanisms are concealed from view; or a sign may be
mounted on the side of a marquee or awning, provided it does not extend above the top of the side.
A sign may be mounted on top of a marquee or awning, provided that it does not project more than
four and one-half (4-1/2) feet from the building facade. A sign that projects below the marquee or
awning shall comply with the requirements of ~ 14.36.1 00(A)(3) (Pedestrian Signs). The sign area
for a back-lit marquee or awning sign comprised of individual letters, figures, design, symbol, or
trademark painted or mounted and projecting less than three (3) inches from the surface of the
marquee or awning shall not include the lighted background that is outside the area that
circumscribes the exterior limits of the dimensions of the sign.
3. Pedestrian Signs. A pedestrian sign attached to the underside of a
marquee or awning shall be at a right angle to the plane of the building facade and not extend
beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet from
the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign
area per side.
4. Freestanding Signs. Where all portions of a building are located more
than fifteen (15) feet from the street right-of-way the building may have one freestanding sign in
addition to the signsage allowed on the building, provided that it shall not exceed twenty-five (25)
square feet in sign area per side or twenty (20) feet in height. If the building has frontage on two
or more streets and the building is more than forty (40) feet from those streets, the building may
have one free-standing sign that shall not exceed one hundred (100) square feet of sign area per side
or a total of two hundred (200) square feet of sign area, whichever is less, or thirty (30) feet in
height; provided that the sign area shall be considered part of the total sign area of the building and
deducted equally from the allowable sign area of the facades that are more than forty (40) feet from
the street; and further provided that the sign area ofthe freestanding sign shall not exceed the total
sign area allowed the building.
5. Projecting Signs. Projecting signs may be mounted at a right angle to the
plane ofthe building facade, provided the sign shall not extend more thanfour and one-half(4-1/2)
feet beyond the facade of the building. Further provided that signs occurring under marquees or
awnings shall be governed by the requirements for pedestrian signs in Subsections (A)(3) of this
Section. Projecting signs not occurring under marquees shall maintain a clearance of not less than
eight (8) feet from the underlying sidewalk.
~B. Upper Floor Businesses. The total sign area for a business occupying an upper
story of a building with street frontage shall not exceed 20% of the surface of the building facade
occupied by the business, or two hundred (200) square feet, whichever is less. An upper floor
business or businesses may have one sign on the street level identifying the upstairs businesses,
provided that said sign shall not exceed six (6) square feet.
1€. Multiple Businesses. Arcades. and Galleries. The total sign area of two or more
businesses sharing a common facade with at least one business not having a street frontage shall not
exceed 20% of the surface area of the common facade. One additional sign, not exceeding six (6)
square feet, listing all of the businesses may be provided.
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~B. Sign Area on Alleys. Each individual business with alley frontage may have.
total sign area of all signs not to exceed 10% of the surface area ofthe building f~cade on the aIle
occupied by the business; provided, however, that individual businesses without street frontage may
have 20% or 200 square feet, whichever is less. Alley signs shall be mounted parallel to the building
facade and project no further than twelve (12) inches from the wall on which the sign is attached.
2E. Sign Area on Side Walls. Signs may be mounted on exposed side walls of
buildings, which walls do not have street frontage, in accordance with Subsection (A) of this
Section; provided, that only the area of the exposed wall shall be considered the surface area of the
facade.
1 OF. Shopping Malls. The total sign area for a shopping mall facade shall not exceed
20% ofthe facade or three hundred (300) square feet, whichever is less. Signs may be placed on any
facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded,
and the sign is part ofa master sign permit in the name of the manager of the mall that identifies all
of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen
(15) feet from the street right-of-way, one freestanding sign per street frontage, with a maximum of
two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20)
feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in
area per side; provided, however, that for those signs containing over one hundred (100) square feet
of sign area, the display surfaces shall be parallel and back-to-back to each other; and further
provided that the sign area shall be included in the total permitted sign area for the facade on that
same street frontage.
..lie. Non-Building Business. The total sign area for a business in which no portion
of the business occurs within a building shall not exceed 64 square feet per street frontage and Shall.
be located on the property of the business. Non-building business signs may be free-standing,
provided that each sign shall not exceed twenty (20) feet in height and thirty-two (32) square feet
in sign area per side; provided that there shall not be more than one (1) free-standing sign per street
frontage. (Ord. 2542 ~4, 7/30/89; Ord. 2182 ~3, 12/15/81; Ord. 2152 ~7, 7/1/81.)
B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall comply
with requirements of this subsection. Signs may be lighted but not intermittent or flashing type.
All signs over ten (IO) square feet in area shall be restricted to territory no closer than 100 feet to
all residential property in a residential zone. Maximum height shall be 35 feet. Such signs may be
wall signs. marquee signs. pedestrian signs. freestanding signs. proiecting signs. or any
combination thereof. subiect to the following standards:
1:. Building-Mounted Signs. Building-mounted signs may be placed on any
wall not facing an adiacent residential zone. Building-mounted signs may not extend above the top
of the eaves or parapet and may not be located on a roof. For buildings occupied by a single
business. the total building-mounted sign area shall not exceed 20% of the area of the building
elevation facing a public street to a maximum of two hundred and fifty (250) square feet on each
building elevation which faces a public street. In buildings occupied by more than one business. the
total building-mounted sign area for each business shall not exceed 20 % ofthat business's portion
of the building elevation facing a public street to a maximum of two hundred and fifty (250) square
feet.
2. Freestanding Signs. One and one quarter (1.25) square feet of
freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage .
of the site. {)rovided that the maximum area of any freestanding sign face does not exceed half of the
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maximum visible sign area. The maximum visible sign area for a particular site shall be as follows:
Site Area
Less than .50 acre
.50 to .99 acre
1 to 1.99 acres
2 to 2.99 acres
3 acres or more
Maximum Visible Sign Area
100 square feet
200 square feet
300 square feet
400 square feet
500 square feet
3. Off-Premise Signs. One off-premise sign containing a commercial
message unrelated to any use or activity of the property on which the sign is located. including
billboards and other outdoor advertising signs not exceeding six hundred (600) square feet in total
sign area. may be permitted on any site that does not containany sign for businesses located on said
site. subiect to approval of a conditional use permit.
4. Shopping Malls. The total sign area for a shopping mall facade shall not
exceed 20% ofthe facade or three hundred (300) square feet. whichever is less. Signs may be placed
on any facade of a shopping mall. provided the maximum allowable sign area of that facade is not
exceeded and the sign is part of a master sign permit in the name of the manager of the mall that
identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more
than fifteen (15) feet from the street right-of-way. one freestanding sign per street frontage. with a
maximum of two (2) such signs per site. may be installed. provided that each sign shall not exceed
twenty (20) feet in height and two hundred (200) square feet in total area. or one hundred (100)
square feet in area per side. For those signs containing over one hundred (100) square feet of sign
area. the display surfaces shall be parallel and back-to-back to each other. and the sign area shall be
included in the total permitted sign area for the facade on that same street frontage.
~ Pennants. flags. flyers. ribbons. balloons. or other fluttering devices or
strings of such devices. which are used to attract attention to outdoor sales lots of new and used
dealerships of automobiles. trucks. trailers. motorcycles. recreational 'vehicles. tractors. boats.
C. Signs in the Community Shopping District (CSD) Zone. Signs in the CSD zone
shall comply with the requirements of this subsection. Signs may be lighted but not intermittent or
flashing tYpe. All signs over ten (10) square feet in area shall be restricted to territory no closer than
100 feet to all residential property in a residential zone. Maximum height shall be 30 feet. Such
signs may be wall signs. marquee signs. pedestrian signs. freestanding signs. proiecting signs. or
any combination thereof. subiect to the following standards:
.L. Building-Mounted Signs. Building-mounted signs may be placed on any
wall not facing: an adiacent residential zone. Building-mounted signs may not extend above the top
of the eaves or parapet and may not be located on a roof. For buildings occupied by a single
business. the total building-mounted sign area shall not exceed 10% of the area of the building
elevation facing a public street to a maximum of one hundred and twenty-five (125) square feet on
each building elevation which faces a public street. In buildings occupied by more than one
business. the total building-mounted sign area for each business shall not exceed 10 % of that
business's portion ofthe building elevation facing a public street to a maximum of one hundred and
twenty-five (125) square feet.
2. Freestanding Signs. One and one quarter (1.25) square feet of
freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage
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ofthe site. provided that the maximum area of any freestanding sign face does not exceed half Ofthee
maximum visible sign area. The maximum visible sign area for a particular site shall be as follows:
Site Area Maximum Visible Sign Area
Less than 1 acre 50 square feet
1 to 1.99 acres 75 sauare feet
2 to 2.99 acres 100 square feet
3 acres or more 125 square feet
3. Off-Premise Signs. Off-premise signs. including billboards. shall be
prohibited within the Community Shopping District Zone.
D. Signs in the Commercial Neighborhood (CN) Zone. Signs in the CN zone shall
comply with the requirements of this subsection. Signs may be lighted. but not intermittent or
flashing type. and shall not exceed one hundred (100) square feet in total sign area. All signs over
ten (10) square feet in area shall be restricted to territory no closer than 100 feet to all residential
property in a residential zone. Maximum height shall be 20 feet. Off-premise signs. including
billboards. shall be prohibited within the Commercial Neighborhood Zone.
R Signs in the Commercial Office (CO) Zone. Signs in the CO zone shall comply
with the requirements of this subsection. Signs may be lighted. but not intermittent or flashing type.
and shall not exceed fifty (50) square feet in total sign area. provided. however. if the site area is
14.000 square feet or more. then signs shall not exceed one hundred (100) square feet in total sign
area. No more than fifty (50) square feet of lighted sign area may face residential property in a
residential zone located directly across a street. All freestanding signs shall not exceed five (5) feet
in height. Building-mounted signs shall not exceed 30 feet in height. Off-premise signs. including
billboards. shall be prohibited within the Commercial Office Zone. .
F. Signs in the Industrial Park (lP) Zone. Signs in the IP zone shall comoly with
the requirements of this subsection.
1. One buildinll-mounted sign. not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or three hundred (300) square feet. whichever is
less. shall be permitted for each building elevation facing a public or'private street.
2.' One freestanding sign. not to exceed thirty-five (35) square feet in area
and fifteen (15) feet in height. shall be permitted for each business site.
J.... Public and private directional. traffic. and warning attached and detached
signs shall not exceed six (6) square feet in area.
4. Signs may be lighted. but not intermittent or flashing.
5. Off-premise signs. including billboards. shall be prohibited within the
Industrial Park Zone.
G. Signs in the Industrial Light (lL) Zone. Signs in the IL zone shall comply with
the requirements of this subsection.
1. One building-mounted sign. not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or three hundred (300) square feet. whichever is
less. shall be permitted for each building elevation facing a public or private street.
2. One freestanding sign. not to exceed thirty-five (35) square feet in area
and fifteen (15) feet in height. shall be permitted for each business site.
J.... Public and private directional. traffic. and warning attached and detached
signs shall not exceed six (6) square feet in area.
.
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~ Signs may be lighted. but not intermittent or flashing.
5. One off-premise sign containing a commercial message unrelated to any
use or activity of the property on which the sign is located. including billboards and other outdoor
advertising signs not exceeding six hundred (600) square feet in total sign area. may be permitted
on any site that does not contain any sign for businesses located on said site. subiect to approval of
a conditional use permit.
H. Signs in the Industrial Heavy (IH) Zone. Signs in the IH zone shall comply
with the requirements of this subsection.
1. One building-mounted sign. not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or four hundred (400) s~uare feet. whichever is
less. shall be permitted for each building elevation facinl! a public or private street.
2. One freestanding sign. not to exceed one hundred (100) square feet in
area and thirty-five (35) feet in height. shall be permitted for each business site.
J.. Signs may be lighted. but not intermittent or flashing.
4. One off-premise sign containing a commercial message unrelated to any
use or activity of the property on which the sign is located. including billboards and other outdoor
advertising signs not exceeding six hundred (600) square feet in total sign area. may be permitted
on any site that does not contain any sign for businesses located on said site. subiect to approval of
a conditional use permit.
I.. Signs in the Public Buildings and Parks (PBP) Zone. Signs in the PBP zone shall
comply with the requirements of this subsection. One building-mounted sign per building shall be
permitted: provided that the sign does not exceed one hundred (100) square feet in total sil!n area~
and unlighted: provided further that intermittent or flashing lights lighted signs are prohibited. One
freestanding si~n per site shall be permitted: provided that the sign does not exceed one hundred
100 s uare feet in total si area. Si s shall be laced so as not to im act a facin residential
zone. Maximum height shall be 20 feet. Off-premise signs. including billboards. shall be prohibited
within the Public Buildings and Parks Zone.
J. Temporary Commercial Event Signs. The total sign area of temporary
commercial event signs that are intended to advertise a special event such as a new business grand
opening. going-out-of- business sale. or similar special sales event shall not exceed one hundred
100 s uare feet for a business rovided the tem ora commercial event si s are removed within
one I da after the event and are not u for more than one I month commencin at the date of
installation and not up for more than three (3) months in any calendar year: except that this Section
shall not allow the type of signs that are specifically prohibited bv PAMC 14.36.080.
K. A-Frame Signs. One A-frame sil!n that is no larger than six (6) square feet per
side and no higher than thirty (30) inches from ground level shall be permitted per site as a
freestandinl! sign. provided that such A-frame signs shall be securely anchored to the ground to
prevent overturning due to wind or being moved to an unpermitted location. A-frame signs shall not
be located in public rights-of-wav. except where a building is built to the front lot line and provided
the si owner obtains a ri ht-of-wa use ermit and names the Ci as an insured on the si
owner's insurance policy indemnifying the City.
14.36.080 Prohibited Signs. The following signs are prohibited in the Central Business
District:
.
A. All signs illuminated by, or containing, blinking, flashing, intermittent, or
moving lights; all flashing, rotating, or intermediate lights in, on, or around windows, rooflines, or
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building exteriors; provided that electronically changing message and digital time/temperature Signs.
which do not chan!ze the message more than once per 30 seconds nor and the moving hands of a
clock otherwise allowed under this Chapter shall not be prohibited. This Section shall not prohibit
seasonal decorations.
B. All roof-mounted signs, including any signs painted directly on the roof surface.
C. Allsttings of pennants, banners flags, flyers, ribbons, balloons.orother fluttering
devices or strings of such devices. which are used to attract attention for commercial purposes;
provided that such devices may be displayed to make notice of the opening of a business for a period
not to exceed ten (10) days and except as permitted in PAMC 14.36.050(M) and 14.36.070(8) .
This Section shall not prohibit seasonal decorations, or SGA50nal banners. or other distinctive
noncommercial displays affixed to light poles or other public standard by the Municipality Cityor
non-profit organizations.
D. Billboards-:and other off-premise outdoor advertising signs. except in
compliance with Sections 14.36.070(B). (0). and ill) of this Chapter. provided that such signs
shall not be directed toward any shoreline subiect to Chapter 15.08 PAMC.
E. Temporary signs located on or resting against a motor vehicle, trailer, bicycle,
planter, or decorator card for the purpose of advertisement or directing people to a business.
F. All signs which purport to call attention to a business or building with words
such as "look", "stop", "slow down", or other words oflike import or which are similar to traffic
signals or signs.
G. All moving rotating, or animated signs, except barber poles.
H. All signs which no longer serve an ongoing business. .
I. All signs which have no permanent attachment to a building or the ground,
including but not limited to A-frame signs, sandwich board signs. pole attachments, and other
mobile signs-:provided that signs painted on vehicles which are not parked in a manner directing
people to a business are not prohibited. and further provided that A-frame signs as exempted in
FAMC 14.36.050(1) or permitted in FAMC 14.36.070(K) and sandwich board signs as exempted
in FAMC 14.36.050(0) are not prohibited. '. '
J. . Projecting signs that project further than four and one-half ( 4-1/2) feet from the
building facade; provided that signs occurring under marquees or awnings shall be governed by the
requirements for pedestrian signs in Section 14.36.070(A)(3).
K. A-frame signs are not allowed in the right-of-way.
L. All signs not specifically addressed herein and contrary to the provisions of this
Chapter. (Ord. 2542 S5, 7/30/89; Ord. 2182 S4, 12/15/81; Ord. 2152 S7, 7/1/81.)
14.36.090 Removal of Prohibited and Nonconforming Signs.
A. The Building Division shall notify the business owner and the sign owner or
lessee and the owner of the property of each sign that is either a prohibited or nonconforming sign
under the terms of this Chapter.
B. If a sign advertises a business no longer existing or a product no longer sold on
the premises for the previous 365 days, it shall be removed within thirty (30) days of receipt of the
notice from the Building Division. If the sign is not removed within the thirty (30) day period, the
City may remove or cause to be removed the non-complying sign and place a lien against the .
property for the cost of such removal.
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C. A prohibited sign, existing and in use on January 1, 1982, may be retained in use
until August 31, 1990. Such sign shall be either removed or made to conform to the requirements
of this Chapter by September 1, 1990.
D. Any sign which is of a type of sign permitted under Section P AMC 14.36.070
of this Chapter, but which do"s not conform to the sp"elfie lcquirem"uts fOl that type of sigH, and
or which was legally erected before existlng on January 1, 1982 July. 2002, shall be classified as
legal nonconforming, and may remain in use.:. until &ix (6) months after date of adoption of tills
Chaptel by the City Coulldl.
E. Any sign which is prohibited or ofa type permitted under Section'14.36.070 of
this Chapter, but which does not conform to the specific requirements for that type ofs~gn as a result
of rezoning to Central Business District or amendments to this Chapter subsequent to July 1, 1989,
shall be either removed or made to conform to the requirements of this Chapter on the fifth
anniversary of the effective date of the rezone or the amendment; except that back-lit marquee or
awning signs shall be either removed or made to conform within six (6) months of the effective date
oftheamendment. (Ord. 2604 91, 7/14/90; Ord. 2580 91, 4/25/90; Ord. 2542 g6, 7/30/89; Ord. 2182
g5, 12/14/81; Ord. 2152 g9, 7/1/81.) ,
14.36.100 Variances.
A. When the strict enforcement of these regulations may impose an excessive
hardship upon any applicant, depriving him of signage rights extended to other parties under this
Chapter, then a variance from these regulations may be requested.
B. Variance applications shall be made to the Board of Adjustment.
C. A variance application shall be submitted on a form obtained from the Plaruling
Department of Community Development. It shall be made by the owner or lessee of a sign or the
owner of the property and shall be acknowledged by the owner of the property, if other than the
applicant.
D. Upon receipt of an application satisfying t~e requirements of this Section, the
Planning Department of Community Development shall route the same to all appropriate
Departments. Each Department shall submit to the Planning Department of Community
Development recommendations and comments regarding the application. The Plalmillg Department
of Community Development shall prepare a report to the Board of Adjustment summarizing the
factors involved, the recommendations of other Departments, and the P1annlng Department of
Community Development recommendation and findings. A copy of the report shall be mailed to
the applicant and copies shall be made available, at cost, for use by any interested party.
E. Upon receipt of an application satisfying the requirements of this Section, the
rla1l1~ng Department of Community Development shall schedule a public hearing before the Board
of Adjustment. Notice of such public hearing shall be posted at the site of the proposal by the
rlanning Department of Community Development at least -ten days prior to the hearing and
published two times at least three days apart in a newspaper of general circulation, except that the
final notice to be published in the newspaper shall not be more than three days prior to the date of
the hearing.
F. Prior to making a recommendation on an application for a variance, the Board
shall hold at least one public hearing. The Board's determination for approval, denial, or approval
with modifications or conditions shall be recorded in the minutes in written form with findings based
upon compliance with subdivisions (1) and (2) of this subsection as follows:
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Every variance shall comply with at least one of the following criteria.
a. The size ofthe building is such that the twenty per-cent maximum
permitted sign area would result in a sign that is too small to read from either side of the public
rights-of-way adjacent to the building facade or from recognized pedestrian or marine routes;
b. The location of the building and entrance is such that the proposed
sign would not be readable from public rights-of-way or recognized pedestrian or marine routes;
c. The building facade or other features, such as marquees, is such
that no practical location in which to construct a conforming sign exists.
2. Every variance shall comply with all of the following criteria:
a. The variance shall not be detrimental to the public interest;
b. The variance shall not be detrimental to abutting properties;
c. The variance shall not be inconsistent with the purpose of this
Chapter. (Ord. 2152910, 7/1/81.) .
1.
14.36.110 Notice. Any notice required to be given by this Chapter shall be given either
to the owner or lessor of a sign, or to the owner of the property on which the sign is located. In the
event notice is given to the owner or lessor of a sign, the notice shall be given either by personal
service or by certified mail, return receipt requested, to the name of the owner or lessor, as shown
on the application for a sign permit. Ifthere is no application for a sign permit on file with the City,
the notice shall be given, either by personal service or by certified mail, return receipt requested, to
the person in whose name the property stands, according to the records of the Clallam County
Assessor. (Ord. 2152 911, 7/1/81.) , .
14.36.120 Enforcement.
A. It shall be the duty of the Building Inspector to enforce all provisions of this
Chapter.
B. No oversight or dereliction on the part ofthe Building Inspector or any official
or employee of the City vested with the duty or authority to issue permits or licenses, nor issuance
ofa license in c'onflict with the provisions ofthis Chapter, shall legalize, authorize, waive or excuse
the violation of any of the provisions of this Chapter, nor shall it estop the City from enforcing the
terms of this Chapter. Any permit or license issued in violation of this Chapter shall be null and
void.
C. In the event any person, firm, or corporation shall use, erect, construct, move,
or alter, or attempt to use, erect, construct, move, or alter any sign in violation of the provisions of
this Chapter, the same is declared a public nuisance, against which the City may prosecute an action
in a court of competent jurisdiction seeking an injunction against the continuation of such nuisance.
(Ord. 2152 912, 7/1/81.)
14.36.130 Violation - Penalty. Any person violating any provision of this Chapter is
guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars, or ninety
days in jail, or both such fine and imprisonment. Each day that a violation continues shall constitute
a separate offense. (Ord. 2152 913, 7/1/81.)
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Section 2 - Repealer. Sections 17.20.220,17.21.220, 17.22.220, 17.23.220, 17.30.070,
17.32.070, 17.34.070, and 17.40.080 of the Port Angeles Municipal Code are hereby repealed.
Section 3 - Severability If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4 - Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _ day of July, 2002.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
F IORDlNANCES&RESOLUTIONS\2002-13.ord wpd
June 19, 2002
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's Parking Ordinance by adding new uses to those with specified
requirements, based on changing land uses and previous interpretations
made by the Community Development Director for uses with
unspecified requirements, and amending Ordinance 1588 as amended
and Chapter 14.40 of the Port Angeles Municipal Code.
Section 1. Ordinance 1588 as amended and Title 14 ofthe Port Angeles Municipal Code
14.40.010
14.40.020
14.40.025
14.40.030
14.40.040
14.40.050
14.40.060
14.40.070
14.40.080
14.40.090
14.40.100
14.40.110
14.40.120
14.40.130
14.40.140
14.40.150
14.40.160
14.40.170
14.40.180
14.40.185
are hereby amended by amending Chapter 14.40 PAMC to read as follows:
Chapter 14.40
OFF-STREET PARKING
Definitions.
Parking Space Requirements - Generally.
Parking Space Requirements for Uses in the Downtown Parking and
Business Improvement Area
Parking Space Requirements - Commercial.
Parking Space Requirements - Industrial.
Parking Space Requirements - Public and Institutional Uses.
Parking Space Requirements - Residential Uses.
Parking Space Requirements - Unspecified Uses.
Parking Space Requirements - Compact Allowance.
Mixed Uses.
Cooperative Provisions.
Parking Space Requirement Modification - New Uses in New Building.
Parking Space Requirement Modification - New Uses in Existing
Structures.
Parking Space Requirement Modification - Expansion of Existing Uses
in Existing Structures.
Parking Space Modification Requirements - Existing Uses in Existing
Structures.
Improvement of Parking Spaces.
Parking Space Requirements - Variances.
Building Permits.
Use of Parking Spaces.
Parking Lot Activities Standards.
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Sections:
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14.40.190
14.40.200
Revocation of Permit - Appeals.
Violation.
.
14.40.010 Definitions.
A. The following terms shall have the designated meanings for the purposes of this
Chapter, unless the context indicates otherwise:
1. "Standard-car parking space" means one hundred fifty-three square feet
of parking lot area, eight feet six inches by eighteen feet minimum in size, having adequate access
to a public street. No part of any street right-of-way shall be considered part of any standard-car
parking space.
2. "Loading space" means a space located adjacent to a building, and large
enough in area so that any truck or other vehicle loading or unloading at such building will not
project into a street right-of-way.
3. "Floor area" means the leasable or habitable floor area or space in a
dwelling or building, excluding bathrooms, toilet compartments, halls, closets, or corridors 44 inches
in width or less, and equipment and machinery rooms not used directly in the manufacture,
production, storage or sale of goods or services maintenance and cleaning supply rooms of 50 square
feet or less.
4. "Parking lot activity" means a non-permanent activity occurring in a
parking lot, using spaces otherwise allocated for parking for purposes other than parking by clientele
of the primary use of the property.
B. All other terms used in this Chapter shall have the meaning given to them by.
Ordinance 1709, as now enacted, or hereafter amended, unless the context indicates otherwise.
(Ord. 2787 ~1, 12/28/93; Ord. 2568 ~1, 3/14/90; Ord. 2228 ~l, 8/31/82; Ord. 1588 ~1, 6/15/66.)
14.40.020 Parking Space Requirements - Generally. For all land uses there shall be
established and maintained permanent off-street parking spaces, either on the zoning lot ofthe use,
or, if the affected property owners and the Planning Director agree through the execution of an
appropriate agreement and easement in a form acceptable to the City Attorney and if appropriate
identification signage is provided, within one hundred feet of the property boundaries (excluding
public streets and alleys) of the zoning lot. The required number of parking spaces shall be
determined as follows:
A. The number of required spaces shall be determined by reference to Sections
14.40.030 through 14.40.080.
B. If applicable, Sections 14.40.110 through 14.40.140 shall then be used to
determine whether the number of spaces required by subsection A ofthis Section is modified. (Ord.
278792,12/28/93; Ord. 2703 ~1, 8/14/92; Ord. 222892,8/31/82; Ord. 158892,6/15/66.)
14.40.025 Parking Space Requirements for Uses in the Downtown Parking and
Business Improvement Area. For all land uses located in the Downtown Parking and Business
Improvement Area (PBIA), there shall be established and maintained permanent off-street parking
spaces, either on the zoning lot of the use or within one-hundred feet of the property boundaries
(excluding public streets and alleys) of the zoning lot. (Ord. 2787 93, 12/28/93; Ord. 2765 91, .
6/25/93)
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14.40.030 Parking Space Requirements - Commercial.
A. Automobile service stations and repair shops shall provide a minimum of three
parking spaces plus one parking space per each mechanical service bay.
B. Baked goods shops. pizza-to-go shops. and other prepared food outlets with no
consumption of food and beverages on the premises shall provide one parking space for each three
hundred square feet of floor area of the building.
ca. Banks, business and professional and governmental offices shall provide one
parking space for each four hundred square feet of floor area of the building.
De. Barber and beauty shops, tanning salons, and similar personal care
establishments shall provide two parking spaces per station.
EB. . Bowling alleys shall provide six parking spaces for each alley.
EE. Child care services or day care centers, as defined in Chapter 388-73 WAC, as
now enacted or hereafter amended, shall provide two parking spaces plus one unloading space for
those services or centers serving twelve or fewer children, and one parking space per employee plus
two parking spaces for unloading, for those services or day care centers serving more than twelve
children.
OF. Churches, mortuaries and funeral homes, shall provide one parking space for
each six seats in the chapel. (Additional uses such as schools and residences may require separate
parkin!! spaces).
H. Convenience stores. delicatessens. and food stores (less than 3.000 square feet
in building area) shall provide one parking space for each three hundred square feet of floor area
of the building.
16. Dancehalls and video arcades shall provide one parking space for each fifty
square feet of floor area of the building.
IH. Food Grocery stores, supermarkets~ and shopping centers shall provide one
parking space for each three hundred square feet of floor area of the building, with a minimum of
ten parking spaces.
Kf. Furniture and appliance stores shall provide one parking space per six hundred
square feet of floor area of the building. .
Lf. Hotels and motels shall provide one parking space for each sleeping unit.
M*:- Medical, optometrical chiropractic and dental clinics and/or offices shall provide
six parking spaces for each doctor:-. optometrist. or chiropractor.
L. Othel Ietail cstablis1mlcnts, SUGh as haIdw<1IO stoles, household equipment,
SCI v ieo shops, dothing 01 shoe I cpaiI shops, shall pro~ ide one pal king space 001 eaeh till ee hundI ed
sq ual e f(,et of BOOI aI ea of the building, \Iv it11 a minimum of six spaces.
M. rhy si(,al thelapy and Otl1('1 similaI pC-I sona1sel ~ i(,c uses shall pl0 v ide. tw 0 palkillg
spa(,es fOl each opela-toI.
N. Research, biochemical, X-ray and dental laboratories shall provide one parking
space for each two hundred square feet of floor area.
O. Restaurants, taverns, and any other establishment for the sale and consumption
on the premises of food, alcoholic beverages or refreshments, shall provide one parking space for
each one hundred twenty-five square feet of floor area of the building, with a minimum of ten
spaces.
P. 8therRetail establishments. such as hardware stores. household equipment
rental outlets. service shops. clothing and shoe repair shops stores. general merchandise stores.
.
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and de artment stores shall rovide one arkin s ace for each three hundred s uare feet of floo
area of the building. with a minimum of six spaces.
QP. Skating rinks and other commercial recreation plac.es facilities shall provide one
parking space for each two hundred square feet of floor area of the building:or covered area.
Outdoor commercial recreation facilities shall provide parking spaces as determined bv Planning
Commission review.
R. Specialty shops. such as antique. art supplies. bicycle. book. candy and ice
cream. coffee and espresso. computer. flowers. gift. hobby and toy. iewelry. kayak. pet. and
video rentaL shall provide one parking space for each three hundred square feet of floor area of
the building. ,
S~. Telephone exchanges and telemarketing offices shall provide one parking space
for each employee, with a minimum of six spaces.
IR:. Theaters shall provide one parking space for each three theater seats.
S. TIUc.king and transportation terminals shall prov idc a lllinimwll of tGll parking
spaces.
T. Vlholcsalc stOl('S, wArehouses, storage buildings and iiI,otor ~ehide5 01
mac.hillery sales stores shall plovide one palking space for each two employees, with a minimulll
often spac.cs. (Old. J007 ~2, 115/99, Old. 2787 ~4, 12/28/9J, Old. 2228 ~J, 8/J 1/82, Old. 1588 ~J,
6/15/66.)
14.40.040 Parking Space Requirements - Industrial.
A. Dance halls. adult entertainment business establishments. and video arcade.
shall provide one parking space for each fifty square feet of floor area of the building.
B. Manufacturing uses, including creameries, 50ft drink bottling establishments,
bakeries, canneries, printing and engraving shops. pre-fabricated parts assembly plants. and other
light industrial plants shall provide one parking space for each three employees, with a minimum
often spaces. (Ord. 2228 ~4, 8/31/82; Ord. 1588 ~4, 6/15/66.)
C. Manufacturing uses. including sawmills. paper mills. pulp mills. wood products
mills. raw material processing plants. and other heavy industrial plants shall provide one parking
space for each three employees. with a minimum of ten parking spaces.
D. Trucking. transportation. and distribution terminals shall provide one parking
space for each two employees. with a minimum of ten parking spaces.
E. Wholesale stores. warehouses. storage buildings and motor vehicles or
machinery sales stores shall provide one parking space for each two employees. with a minimum
of ten parking spaces. (Ord. 2228 ~4, 8/31/82; Ord. 1588 g4, 6/15/66.)
14.40.050 Parking Space Requirements - Public and Institutional Uses.
A. Auditoriums. stadiums. sports arenas. and other places of assembly with fixed
seating shall provide one parking space for each three seats.
BA. Clubs,fraternal socic,tics, places of assembly and exhibition halls without fixed
seats shall provide one parking space for each fifty square feet of floor area of the building.
C. Fire and police stations shall provide parking spaces as determined by Planning
Commission review. .
DB. Hospitals shall provide one parking space for each bed. I
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E€. Libraries shall provide one parking space for each two hundred square feet of
floor area, with a minimum often spaces.
Ea. Museums shall provide one parking space for each three hundred square feet of
floor area.
.
GE. Outdoor sports area or parks- fields without fixed seats shall provide parking
spaces as determined by Planning Commission review.
HF. Parks and playgrounds shall provide parking spaces as determined by Planning
Commission review.
16. Preschools and kindergarte.lls day care centers shall provide a minimunl often
one parking spaces for each adult teacher. care giver. and assistant and two loading/unloading
parking spaces.
JH. Public and private golf qlubs shall provide a minimum of forty parking spaces.
Kf. Public swimming pools shall provide ten parking spaces for each one thousand
square feet of pool surface area.
L:J. Riding academies shall provide one parking space for each one hundred square
feet of floor stable area.
K. Elementaly schools shall provide one p;i1killg spaee. fur each dassIOom.
L. Junior high schools shall provide tmce parking spaces for caeh dassIoom.
M. Scnior high schoo15 shall pI o~ ide six pcuking spaccs fur e.ach classr oom.
N. fuhior colleges shall protlidc eight pat king spaccs for e.acll classroom.
O. Stadiums, spotts meas, auditoriums and other places ofassernbly shall provide
one parking space fur cach thrce se.ats.
M. Schools shall provide the following numbers of parking spaces:
A. Elementary schools shall provide one parking space for each
classroom.
B. Middle schools shall provide three parkin~ spaces for each classroom.
C. High schools shall provide six parking spaces for each classroom.
D. Colleges shall provide eight parking spaces for each classroom.
NP. Senior Centers shall provide one parking space for every 135 square feet offloor
area of the building. (Ord. 2683 ~ 1, 3/27/92; Ord. 2228 ~5, 8/31/82; Ord. 2184 ~ 1, 1/1/82; Ord.
2121 ~1, 2/1/81; Ord. 2028 ~1, 6/17/79; Ord. 1588 ~5, 6/15/66.)
14.40.060 Parking Space Requirements - Residential Uses.
A. Dormitories and apartment dormitories shall provide two parking spaces for each
sleeping unit.
B. Home occupations shall provide parking spaces as determined by the
Community Development Director.
CB. Rooming and lodging houses shall provide one parking space for each sleeping
uni t.
.
D€. Nursing and convalescent homes, assisted living facilities, residential care
facilities, adult family homes, group homes, and sanitariums shall provide one ffl parking space for
each three ffl beds.
EB. Single-family, two and three family dwellings, and apartment buildings shall
provide twoiZ}-parking spaces per dwelling unit.
fE. Trailer parks shall provide two (2) parking spaces for each trailer space. (Ord.
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2948 ~1, 2/14/97; Ord. 2228 ~6, 8/31/82; Ord. 2081 ~1, 6/1/80; Ord. 2028 ~2, 6/17/79; Ord. 158.
~6, 6/15/66.)
14.40.070 Parking Space Requirements - Unspecified Uses. Ifa use is not otherwise
specifically mentioned in Sections 14.40.030 through 14.40.060 of this Chapter, the requirements
for off-street parking facilities shall be the same as the requirements for off-street parking ofthe use
which, as determined by the Planning Director, has the most similar parking need and land use
characteristics. (Ord. 2228 ~7, 8/31/82; Ord. 1588 ~7, 6/15/66.)
14.40.090 Mixed Uses. In the case ofa mixture of uses on one zoning lot or in one
building, the total requirements for off-street parking facilities shall be the sum ofthe requirements
for the various uses computed separately. Off-street parking facilities for one use shall not be
considered as providing required parking facilities of any other use, except as may be provided in
Section 14.40.100 of this Chapter. (Ord. 2228 ~9, 8/31/82; Ord. 1588 ~9, 6/15/66.)
14.40.100 Cooperative Provisions. Parking facilities may be cooperatively used by
different land uses, when the times of the use of such parking spaces by each use are
nonsimultaneous. (Ord. 2228 ~ 10, 8/31/82; Ord. 2121 ~2, 2/1/81; Ord. 1588 ~ 10,6/15/66.)
14.40.110 Parking Space Requirement Modification - New Uses in New Building. For
any new use in a new building, the required number of parking spaces shall be determined by
the requirements of Sections 14.40.030 through 14.40.080. (Ord. 2228 ~ 11, 8/31/82; Ord. 2028.
~3, 6/17/80; Ord. 1588 ~11, 6/15/66.)
14.40.120 Parking Space Requirement Modification - New Uses in Existing Structures.
A. A change or expansion of use in an existing building that is not located in the
Downtown Parking and Business Improvement Area (PBIA) where the use meets the parking
requirements of this Chapter must provide parking for the new use as required by this Chapter. If
a change or expansion of use is proposed for an existing building where the use does not meet the
requirements of this Chapter, the new or expanded use may occur only if the degree of non-
conformance is not increased. For the purposes of this Section, the degree of non-conformance is
defined as the number of parking spaces required minus the number of parking spaces provided.
B. A change of use in a building that exists as of June 25, 1993, and is located in
the Downtown PBIA may occur without provision of additional off-street parking spaces unless the
floor area of the building is increased. (Ord. 2765, ~2, 6/25/93; Ord. 2740 ~1, 1/29/93; Ord. 2667
~ 1, 1/17/92; Ord. 2228 ~ 12, 8/31/82; Ord. 2097 ~ 1, 8/19/80; Ord. 2028 ~4, 6/17/79; Ord. 1588
~ 12,6/15/66.)
14.40.130 Parking Space Requirement Modification - Expansion of Existing Uses in
Existing Structures. For an expansion in the use of an existing building or structure which enlarges
the floor area, additional parking spaces need not be established, if the following requirements are
met:
A. The use and structure or building, prior to its enlargement or increase in floor
area, is in conformance with the parking space requirements of this Chapter; .
B. No previous modifications of parking space requirements authorized by this
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Section have been utilized;
C. The number of parking spaces required by the floor area ofthe addition, together
with those required by the floor area of the existing building, will not exceed one hundred and
fifteen percent of the spaces required for the expansion of the use or building. If the number of
spaces required exceeds one hundred and fifteen percent, the required spaces in excess of one
hundred and fifteen percent shall be established and maintained. (Ord. 2228 913, 8/31/82; Ord. 2028
95,6/17/79; Ord. 1588913,6/15/66.)
14.40.140 Parking Space Modification Requirements - Existing Uses in Existing
Structures. Existing uses occupying existing structures or buildings as of the effective date of the
ordinance codified in this Chapter may continue until there is a change in use. (Ord. 2228 914,
8/31/82; Ord. 2028 96,6/17/79; Ord. 1588 914,6/15/66.)
.
14.40.150 Improvement of Parking Spaces.
A. Any parking spaces provided to comply with the terms ofthis Chapter, other than
for single-family detached residences, shall be improved in accordance with the following
requirements:
1. They shall meet the requirements of the clearing, grading, filling and
drainage regulations set forth in Chapter 15.28 PAMC.
2. They shall be graded and paved with a hard-surface pavement of portland
cement concrete, asphaltic concrete with a structurally adequate base, or other hard-surface
pavement acceptable to the Director of Public Works. All parking spaces shall be clearly and
permanently striped in conformance with Public Works parking lot design standards. Wheel stops
shall be installed where necessary to prevent encroachment upon public rights~of-way.
3. They shall be accessible, at all times, from street, alley or driveway
intended to serve such off-street parking.
4. Improvements of parking spaces shall meet the Americans with
Disabilities Act standards.
B. The City may grant permission for temporary occupancy of a building or
structure even though the parking spaces required by subsection A of this Section have not been
fully completed, provided that an improvement bond acceptable as to form and amount by the City
Engineer and the City Attorney is posted in the amount of the estimated value of the construction
of the parking facilities. Before granting such temporary occupancy, the Director of Public Works
must determine that construction of the parking facilities prior to occupancy of the building would
not represent sound construction practice, due to weather conditions, availability of materials and/or
difficult site conditions, and the acceptance of such bond is therefore appropriate. Improvement
bonds may be accepted for a period not to exceed twelve months. During the period before final
completion ofthe improvements, the parking facilities provided shall at least be graded and graveled
and be maintained in a good condition.
C. Uses requiring six or fewer spaces may occupy a building or zoning lot for up
to twelve months before compliance with subsection A2 of this Section, provided the parking
facilities shall at least be graded and graveled and be maintained in a good condition. At the end of
the twelve-month period, the parking facilities must be in compliance with subsection A2 of this
Section, or a bond must have been provided and accepted in accordance with subsection B of this
Section. (Ord. 2787 96, 12/28/93; Ord. 2740 92, 1/29/93; Ord. 2228 915,8/31/82.)
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14.40.160 Parking Space Requirements - Variances. .
A. A variance from the parking space requirements of this Chapter, either as
specifically provided by Sections 14.40.030 through 14.40.060 and 14.40.080, or as determined by
the Planning Director for an unspecified use under Section 14.40.070, may be granted on written
request to, and after a public hearing by, the Port Angeles Planning Commission. The Planning
Commission may impose such conditions upon the variance as it deems necessary to comply with
the purpose of this Chapter. No variance shall be granted by the Planning Commission unless the
Commission finds.
1.
2.
The variance is not detrimental to surrounding properties;
The parking provided is sufficient to meet the parking needed by the
uses(s);
3. The variance will not create increased congestion or traffic hazards along
adjacent streets and alleys; and
4. The variance is consistent with the intent of the Off-Street Parking
Ordinance, the zoning district in which the site is located, and the Comprehensive Plan.
B. Such public hearing shall be conducted in accordance with the procedures for
a public hearing on the Zoning Ordinance of the City of Port Angeles.
C. The determination of the Planning Commission may be appealed to the City
Council. (Ord. 2787 97, 12/28/93; Ord. 2740 93, 1/29/93; Ord. 2228916,8/31/82.)
14.40.170 Building Permits. Before the granting of a building or occupancy permit for
any new building or structure, or for any enlargement or change of use in any existing building or
structure, where the proposed use is subject to the requirements of this Chapter, the applicant for.
such building permit shall comply with the requirements ofthis Chapter. Compliance shall consist
of either of the following:
A. Proof of the existence of, or the acceptance by the City of a bond for the off-
street parking spaces required by this Chapter, including a site plan showing such off-street parking,
which has been submitted to and approved by the Planning Director and City Engineer, such site
plan to be prepared at a reasonable scale, showing property lines, dimensions of the property, size
and arrangement of all parking spaces, the means of ingress and egress to such parking spaces and
interior circulation within the parking area, the extend of any change required in existing site
conditions to provide required parking, and such other information as may be necessary to permit
review and approval of the proposed parking; or
B. Proof that the applicant is a participant in a parking association or Parking and
Business Improvement Area (PBIA), which provides the total number of off-street parking spaces
which would otherwise be required from each of the individual participating uses.
Applicants meeting all or a portion of their required needs through the provisions
of subsection B of this Section must pay to the off-Street Parking Improvement Fund an initial
assessment amount of $600 for each required parking space provided through membership in the
Parking Association or PBIA. (Ord. 2787 98,12/28/93; Ord. 2363 91, 12/4/85; Ord. 2228917,
8/31/82. )
14.40.180 Use of Parking Spaces. Subsequent to the issuance of a building permit, the
number and location of parking spaces used to satisfy the requirements of this Chapter shall not be .
changed, nor shall the use of the building or structure for which the permit is issued be changed,
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without the issuance of a revised building permit, including compliance with the requirements of
this Chapter. Parking spaces used by a land use to satisfy the requirements ofthe Chapter shall only
be used for the parking of vehicles of customers and other users of the building and land use
authorized by the building permit, and any permanent change in the use from that purpose shall
require a revised building permit. (Ord. 2228 ~ 18, 8/31/82.)
14.40.185 Parking Lot Activity Standards. All parking lot activities shall comply with
the following standards:
A. No such activity shall occur in parking spaces directly in front of entrances or
windows of a building.
B. Such activities shall not occupy more than 10% of the total number of spaces in
the parking lot.
C. Such activities shall not block entrances and exits to the parking lot or fire exit
doors of any buildings.
D. Such activities shall not occur in parking lots containing fewer than 20 spaces.
E. All such activities shall comply with all other applicable City Ordinances and
State Statutes.
F. Each activity shall only be for a period not to exceed thirty (30) days for private
businesses .and sixty (60) days for private non-profit and charitable organizations within a one
calendar year period.
G. The location and activity shall not endanger the public health, morals, safety and
welfare. (Ord. 2568 ~2, 3/14/90.)
.
14.40.190 Revocation of Permit - Appeals.
A. A building permit issued pursuant to the terms ofthis Chapter shall be revocable
by the City Manager, or his designee, for violation of any of the provisions of this Chapter. Notice
of the revocation of such permit shall be given in writing, by ordinary mail, directed to the address
of the permit holder as shown on the permit application.
B. Upon revocation, the permit holder shall have a right of appeal to the City
Council. The holder shall, within ten days of the notice of revocation, give notice to the City Clerk,
in writing, the permit holder's intention to appeal the revocation to the Ci ty Council. The Clerk shall
place the permit holder's appeal on the agenda of the next regularly scheduled City Council meeting,
and forthwith inform the permit holder, in writing, the date, time and location of the meeting.
C. The City Council shall hold a public meeting, at which the permit holder may
present testimony as to his compliance with the terms of this Chapter.
D. The City Council shall make written findings of fact, as to the basis of any
decision which it makes. The City Council may sustain the revocation of the permit, reinstate the
permit with conditions, reinstate the permit after a time certain, or immediately reinstate the permit.
(Ord. 2228 ~19, 8/31/82.)
.
14.40.200 Violation. Any person, firm, or corporation, in charge of premises which
violate any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any of the provisions of this Chapter
is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil
fine of$500. (Ord. 2568 ~3, 3/14/90; Ord. 2228 ~20, 8/31/82.)
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Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provision of the Ordinance to other persons or circumstances, is not affected.
Section 3 - Effective Date. This Ordinance shall take effect five days following the
date of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _ day of July, 2002.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
.
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: . 2002
By Summary
F IORDINANCES&RESOLUTlONS\2002-14 ordwpd
June 19. 2002
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ORDINANCE NO.
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AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's subdivision ordinances, by providing consistent language for
street standards, department names, and City officials' titles and by
defining the desired urban design of the City, and amending Ordinances
1631, 2222, 2669, and 3002, as amended, and Title 16 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2222 as amended and Title 16 ofthe Port Angeles Municipal Code
are hereby amended by amending Chapter 16.04 PAMC to read as follows:
Chapters:
Sections:
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Title 16
SUBDIVISIONS
16.04 Short Plat Subdivisions
16.08 Subdivision Regulations
16.10 Binding Site Improvement Plan
16.12 Boundary Line Adiustments
16.04.010
16.04.020
16.04.030
16.04.040
16.04.045
16.04.050
16.04.060
16.04.070
16.04.080
16.04.090
16.04.100
16.04.110
16.04.120
Chapter 16.04
SHORT SUBDIVISION REGULATIONS
Purpose and Intent.
Authority.
Definitions.
Applicability.
Parcels Traversed by Public Ways
Application Forms.
Preliminary Short Plat - Contents.
Preliminary Short Plat - Design Standards.
Preliminary Short Plat - Routing and Staff Recommendations.
Preliminary Short Plat - Requirements for Approval.
Preliminary Short Plat - Approval - Conditions.
Preliminary Short Plat - Approval - Effect.
Appeals.
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16.04.130
16.04.140
16.04.150
16.04.160
16.04.170
16.04.180
16.04.190
16.04.200
16.04.210
16.04.220
Final Short Plat - Filing Time Limit.
Final Short Plat - Improvements - Required.
Final Short Plat - Improvements - Bond in Lieu When.
Final Short Plat - Contents.
Final Short Plat - Routing for Review.
Final Short Plat - Final Approval Procedure.
Final Short Plat - Filing and Recordation.
Resubdivision by Short Plat Prohibited - Time Limit.
Injunctive Action to Enforce Chapter.
Violation - Penalty.
.
16.04.010 Pm:pose and Intent. The purpose of this Chapter is to provide uniform
regulations for the subdivision and resubdivision ofland into four or less parcels, so as to promote
the public health, safety and general welfare. It is further the purpose ofthis Chapter to implement
the requirements ofthe Growth Management Act of 1990 through the goals, policies, and objectives
of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and
Urban Services Ordinance ofthe City, to ensure orderly growth consistent with the desired urban
design ofthe City, to promote effective and energy-efficient use ofland, to prevent over-crowding
of land, to provide for adequate light and air, to promote safe and convenient travel and lessen
congestion on streets and highways, to provide for proper ingress and egress, to ensure adequate
provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking
conditions on school routes, and other public requirements, to require uniform monumenting ofland.
subdivisions and conveyancing by accurate legal description, and to prevent the creation of public
nuisances. (Ord. 2880 ~1 (part), 8/25/95; Ord. 2222 ~l, 8/11182.)
16.04.020 Authority. This Chapter is adopted pursuant to the authority granted to the
City by the Revised Code of Washington pursuant to RCW 58.17.060. (Ord. 2222 ~2, 8111182.)
16.04.030 Definitions.
A. "Block" means a group of lots, tracts or parcels within well-defined and fixed
boundaries.
B. "City" means the City of Port Angeles.
C. "Community Development Department or Department" means the Community
Development Department of the City.
De:- "Comprehensive Plan" means a Comprehensive Plan adopted by the Council in
compliance with the Growth Management Act of 1990 and which indicates the general locations
recommended for residential, commercial, and industrial land uses or zones and for streets, parks,
public buildings, and other public improvements. The Comprehensive Plan includes all its
Appendices and individual comprehensive service and facility plans such as the Capital Facilities
Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan.
EB. "Dedication" means the deliberate appropriation ofland by an owner for public
uses, reserving to the owner no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall
be evidenced by the owner by the presentment for filing of a final short plat showing the dedication
thereon, and acceptance of the dedication by the City shall be evidenced by the approval of SUCh.
final short plat.
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F. "Desired urban desilm of the City" means the land use pattern and street system
as described by the Comprehensive Plan land use map and policies. the zoning map and regulations.
the subdivision regulations. and the Urban Services Standards and Guidelines.
GE. "Final short plat" means the final drawing of the short subdivision, containing
all the elements and requirements set forth in this Chapter.
HF. "Lot" means a fractional part of divided land with fixed boundaries. The term
shall include tracts or parcels.
16. "Planning Commission" means the Planning Commission of the City, as
designated in Chapter 2.36 of this Code.
II. "rlal1l1ing DopartlH'-nt" means the rlannill~ Department of the City.
,II. "Preliminary short plat" means an approximate drawing of a short subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of the short
subdivision.
KJ. "Short subdivision" means the division or redivision ofland into four or less lots,
tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 2880
~ I (part) 8/25/95; Ord. 2222 ~3, 8/11/82.)
16.04.040 Applicability. A final short plat, approved in accordance with the provisions
of this Chapter and filed with the County Auditor, is required for all short subdivisions within the
City, and no lot, tract, or parcel within any short subdivision shall be sold, leased, transferred,
redivided, altered, or vacated, without compliance with the terms of this Chapter. (Ord. 2880 ~ 1
(part) 8/25/95; Ord. 2222 ~4, 8/11/82.)
.
16.04.045 Parcels Traversed by Public Ways. Public streets, roads, highways, alleys,
and other public ways, which traverse a parcel ofland under one ownership, will be considered to
have divided that land into non-contiguous pieces without further need for complying with short
subdivision requirements. (Ord. 2793, ~ 1,2/11/94)
16.04.050 Application Forms.
A. An application for approval of a preliminary short plat shall be submitted to the
rlalhling Community Development Department on a form furnished by that Department and shall
be accompanied by the preliminary short plat.
B. The application form shall contain, at minimum:
1. The name, address and telephone number of the applicant and the
property owner;
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2. A legal description of the property to be subdivided;
3. A statement of the underlying zoning;
4. The proposed methods of serving the individual lots m the short
subdivision with water, sewer, streets and other public utilities;
5. The purpose of the short subdivision; and
6. If requested by the rlanning Department, the name, address and
telephone number of the owner( s) of all adjacent unplatted parcels.
C. The application form shall be accompanied by six copies ofthe preliminary short
plat, the application fee and, if applicable, a SEP A checklist.
D. The short subdivision application fee shall be as established by ordinance and
set forth in Chapter 3.70 PAMC. No such fee shall be refundable after acceptance of an application
by the rlanllin~ Department. (Ord. 2789 ~ 11, 1/1/94; Ord. 2222 ~5, 8/11/82.)
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16.04.060 Preliminary Short Plat - Contents. The preliminary short plat shall be a ne.
drawing, in ink, to a scale of not less than one inch to one hundred feet, on eight and one-half b
eleven inch or larger p'aper, and shall provide the following information:
A. The date, scale, and North arrow;
B. The boundaries of the entire parcel being subdivided, including all contiguous
unplatted property owned by the subdivider;
C. A legal description of the property being subdivided;
D. Identification, dimensions, and area of all proposed lots;
E. The name and location of existing and proposed public rights-of-way;
F. The location of existing and proposed easements;
G. The required building setbacks on each proposed lot;
H. The location of existing buildings and major structures and their distances from
property lines;
I. The location of existing natural features, such as streams, rivers, wetlands,
shorelines, drainage ways, ravines and steep slopes;
1. The location and size of existing utilities, including water, sewer, storm drains,
and fire hydrants. (Ord. 2880 ~ 1 (part) 8/25/95; Ord. 2222 ~6, 8/11/82.)
16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall
conform to the following design standards:
A. Right-of- Way Access.
1. Each lot shall abut on a dedicated, improved and maintained City street.
Such street shall connect directly to an existing improved street that meets current street improvement
standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130.
2. Inhe. abutting any right~-of-way abutting the property being subdivided
does not meet minimum width standards, additional right-of-way shall be required in accordance with
the standards as set forth in the Comprehensive Plan. the Urban Services Ordinance. and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130 IcqnilclUe.uts of the. Public \Volks Department.
3. An exception from the right-of-way access requirements in this section
shall be allowed for a single lot within a proposed short plat, provided that the following conditions
are met:
a. the single lot contains an existing habitable dwelling that aheady
abuts and is accessible by emergency vehicles over an existing 20-foot-wide all-weather street that
does not meet City standards and ahead} contains a habitable. dwelling, and
b. all other lots in the short subdivision shall meet the right-of-way
access standards of this section.
4. Sidewalks and other planning features that assure safe walking conditions
for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and
RCW 58.17.110.
B. Lot Design.
1. The minimum area shall be equal to or greater than that required by the.
Zoning Code as now enacted or hereafter amended.
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2. The minimum depth shall be the total distance between the required front
and rear yard setbacks plus fifteen feet.
3. The minimum width, measured at the mid-point between the front and rear
yard setback lines, shall be as required by the Zoning Code as now enacted or hereafter amended.
4. The front lot line shall be the boundary of a lot which abuts a street. On
a panhandle, flag, or dogleg lot, the front lot line and setbacks shall be determined during the short
subdivision process, or, ifnot determined during short subdivision review, shall be determined by
the rlannillg Community Development Director.
5. a. Panhandle, flag, or dogleg lots may be permitted if the original
parcel has insufficient width to reasonably provide each lot with a dedicated right-of-way occurring
within the interior of the plat and if there is no reasonable likelihood that standard rights-of-way
could be provided in cooperation with abutting properties.
b. Each such panhandle, flag, or dogleg lot shall meet the following
criteria:
1.
and shall serve no more than one lot.
11.
The panhandle shall have a minimum width of twenty feet
The required lot area shall not include any portion of the
panhandle.
lll. Dead-end access streets and/or driveways in excess of 150
feet in length shall be provided with a turn-around which has a minimum 90-foot diameter asphaltic
concrete street or an alternative approved by the City consistent with the Urban Services Ordinance
and the Uniform Fire Code, except that an all-weather gravel surface section may be approved for
turn-arounds which are anticipated to be temporary due to the future extension of the roadway.
C. Natural Features. The lots and lot arrangement shall be such that no foreseeable
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 the Zoning Code and the Environmentally
Sensitive Areas Protection Ordinances, as now enacted or hereafter amended, and all other applicable
regulations.
D. Large Lots. Where property is subdivided into lots which are of sufficient size
to be resubdivided, the lots and streets shall be arranged so as to permit later resubdivision in
conformance with the Zoning Code, as now enacted or hereafter amended, the Subdivision
Regulations Ordinance, as now enacted or hereafter amended, and this Chapter. (Ord. 3042 ~ 1 (part)
1/28/00; Ord. 294892 (part) 2/14/97; Ord. 2880 91 (part) 8/25/95; Ord. 2865, 5/12/95; Ord. 2631 ~ 1,
3/29/91; Ord. 2222 97, 8/11/82.)
16.04.080 Preliminary Short Plat - Routing and Staff Recommendations.
A. Upon receipt of an application and preliminary short plat satisfying the
requirements of Sections 16.04.050, 16.040.060 and 16.04.070 of this Chapter, the rlalUlillg
Community Department shall distribute the preliminary short plat to the following Bdepartments:
1. City Public Warks & Utilities Department;
2. Cit} Light Department,
23-. City Fire Department;
J4. Clallam County Health Department if a septic tank and drain field is to
be allowed;
~5. Any other appropriate department or agency.
B. Each Bdepartment or agency shall review the preliminary short plat and return
written recommendations for approval or disapproval of the preliminary short plat, and, if
appropriate, proposed conditions for approval, to the rlanning Community Development Department
within twenty calendar days. (Ord. 2880 91 (part) 8/25/95; Ord. 2222 98,8/11/82.)
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16.04.090 Preliminary Short Plat - Requirements for Approval. Prior to acting on th~
preliminary short plat, the Planlling Community Development Director shall review the applicatio~
for preliminary short plat approval, the preliminary short plat, and any information received pursuant
to Sections 16.04.050 through 16.04.080, to determine the compliance ofthe preliminary short plat
with the following requirements:
A. Necessary drainage ways or storm drain facilities must be adequate to serve the
short subdivision as set forth in the Comprehensive Plan and Urban Services Ordinance development
standards.
B. The provision of streets and rights-of-way must be adequate to serve the short
subdivision and comply with Sections 16.04.070 and 16.04.140 ofthis Chapter and as set forth in the
Comprehensive Plan and Urban Services Ordinance development standards.
C. Water supply and fire protection facilities must be adequate to serve the short
subdivision and comply with Section 16.04.140 ofthis Chapter and as set forth in the Comprehensive
Plan and Urban Services Ordinance development standards.
D. Sanitary sewer facilities must be adequate to serve the short subdivision and
comply with Section 16.04.140 ofthis Chapter, and as set forth in the Comprehensive Plan and Urban
Services Ordinance development standards, or a septic tank system must have been approved by the
Clallam County Department of Health.
E. The short subdivision lot arrangement must comply with the policies of the
Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Comprehensive Plan.
F. The proposed short subdivision must be compatible with existing and planned
development of the surrounding area. ~
G. The proposed lots must comply with the requirements of Ordinance 1709, as no~
enacted or hereafter amended, and Section 16.04.070 ofthis Chapter. (Ord. 2880 ~ 1 (part) 8/25/95;
Ord. 2222 ~9, 8/11/82.)
16.04.100 Preliminary Short Plat - Approval - Conditions.
A. Within thirty calendar days of receipt ofthe application, the Planning Community
Development Director shall determine if appropriate provisions for the public health, safety and
general welfare of the community have been made, shall determine ifany public nuisance would be
created, and shall further determine if the public use and interest will be served by approving the
preliminary short plat, based upon compliance with Sections 16.04.010, 16.04.050 and 16.04.090 of
this Chapter.
B. Based upon that determination, the Planning Community Development Director
shall approve, approve with conditions, or disapprove the preliminary short plat; or may return the
preliminary short plat to the applicant for modification, if significant revisions of the preliminary
short plat are required.
C. The decision of the Planning Community Development Director shall be in
writing, directed to the applicant and/or property owner, at the address shown in the application, and
shall set forth findings offact supporting the decision. (Ord. 2880 ~ 1 (part) 8/25/95; Ord. 2222 ~ 10,
8/11/82. )
16.04.11 0 Preliminary Short Plat - Approval - Effect. Approval, or approval with
conditions, of a preliminary short plat shall authorize an applicant and/or property owner to procee~
with the preparation of the final short plat. (Ord. 2222 ~ 11,8/11/82.) -.,
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16.04.120 Appeals.
A. Any person aggrieved by the decision of the rlalUling Community Development
Director under Section 16.04.100 may appeal the decision to the City Council.
B. Appeals shall be submitted to the rlat11ling Community Development Department
in writing within fourteen days following the date of mailing the decision to the applicant.
C. The City Council shall hear the appeal, may uphold, reverse, or modify the
decision and shall set forth written findings of fact. (Ord. 2911 ~7, 3/29/96; Ord. 2880 ~1 (part)
8/25/95; Ord. 2222 ~ 12,8/11/82.)
16.04.130 Final Short Plat - Filing Time Limit.
A. Within five years ofthe rlanlling Community Development Director's approval
of a preliminary short plat, the applicant and/or property owner shall submit a final short plat to the
rlaulling Community Development Department which is in compliance with the approved
preliminary short plat.
B. Failure to submit a proposed final short plat within the five years shall terminate
the preliminary short plat approval. (Ord. 2880 ~ 1 (part) 8/25/95; Ord. 2719 ~ 1, 11/13/92; Ord. 2222
~13, 8/11/82.)
.
16.04.140 Final Short Plat - Improvements - Required. The following minimum
improvements shall be made or installed for each lot created by the short subdivision, before final
short plat approval:
A. Watermains and other appurtenances necessary to provide adequate potable water
supply and fire protection as set forth in the Comprehensive Plan, the Urban Services Ordinance and
the Urban Services Standards and Guidelines promulgated consistent with and pursuant to P AMC
18.08.040 and 18.08.130;
B. Sanitary sewer or approved septic tank and drain field site;
C. Power, telephone, and all other necessary utilities.
D. Appropriate dedications or easements if required;
E. Minimum street improvement cross-section standard as set forth in the
Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and
Guidelines:
1. Improvements to PIontage and Local Access Streets: PI ontage and Local
access streets within CHj right-oF-way fumishillg that front or will provide access from the nearest
fully improved City street to newly created lots shall be improved to a minimum of 20-foot wide
asphaltic concrete street with one 3-foot wide shoulder and one 6-foot wide shoulder for pedestrian
traffic. All dead-end City streets in excess of 150 feet in length shall be asphaltic concrete paved and
provided with a turn-around consistent with the Urban Services Ordinance, the Urban Services
Standards and Guidelines, and the Uniform Fire Code.
2. Improvements to Arterial Streets: Arterial streets that front or will provide
access to, and flont, the lots or parcels being developed shall be improved to the minimum City
arterial street improvement standards.
3. EXCEPTION: The Public Works & Utilities Department shall require
the minimum standard to be increased to match the immediately adjoining City street when the
immediately adjoining City street is more fully developed than the minimum standard. This
exception shall not apply to short plats when the City finds that there will be an economic and
physical hardship in relocating public utilities and there will be no increase in the number of lots
within a subject short plat.
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F. Roadway Drainage ditches and/or culverts shall be provided to address existin&lA
and anticipated storm water run-off occurring on the site and/or within the principal flontage ~
right~-of-way and easements as set forth in the Urban Services Ordinance and Clearing and Grading
Ordinance development standards.
G. The subdivider shall provide a street profile acceptable to the Public Works &
Utilities Department for the pIincipal fiontage. local access street~ if the final street grade has not been
previously established or accepted by the City.
H. The subdivider shall execute an L.I.D. consent and non-protest agreement or
other agreement acceptable to the City for street and utilities improvements on the plille.ipal flontage
local access street~ whenever required improvements are less than the City's full development
standard~, as set forth in the Comprehensive Plan. and the Urban Services Ordinance. and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130 established by the. City cnginccl.
I. The subdivider shall provide all other public improvements as may be required
as and set forth in the Comprehensive Plan.. and the Urban Services Ordinance. and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to P AMC 18.08.040
and 18.08.130.
J. When commercially zoned property is being short platted without any increase
in the number oflots, the minimum improvements required by this Section may be made or installed
after short plat approval without the necessity of being bonded, provided that the final short plat shall
be conditioned to provide that such improvements shall be made or installed as part of the building
permit process, that vertical construction ofthe building shall not begin unless or until the Uniform
Fire Code's fire hydrant requirement has been met, and that the property or development shall not
be occupied until such improvements have been completed, provided further that said construction
shall be noted on the final plat. .
K. Sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW
58.17.110. (Ord. 3042 ~ 1 (part) 1/28/00; Ord. 2948 ~2 (part) 2/14/97; Ord. 2920, 6/14/96; Ord. 2909
~1, 3/15/96; Ord. 2880 ~1 (part) 8/25/95; Ord. 2631 ~2, 3/29/91; Ord. 2222 ~14, 8/11182.)
16.04.150 Final Short Plat - Improvements - Bond in Lieu When. Performance bonds
or other security may be accepted in lieu of construction of the required improvements of Section '
16.04.140, subject to the approval ofthe City Engineer as to amount and the City Attorney as to form
and content. (Ord. 2880 ~ 1 (part) 8/25/95; Ord. 2222 ~ 15,8/11182.)
16.04.160 Final Short Plat - Contents.
A. Upon completion of physical improvements as required by Section 16.04.140,
or acceptance ofa bond under Section 16.04.150, a final short plat may be submitted for approval.
B. The final short plat shall be an eighteen-inch by twenty-four inch permanent
reproducible mylar, and shall be at a scale of not less than one hundred feet to one inch. The final
short plat and six paper copies shall be accompanied by a report containing accurate square-footage
and dimensions of each lot and block and the coordinates of each monument, a title report, and shall
include a warranty that all assessments in favor of the City have been paid. The final short plat and
survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City,
and shall show the following:
1. A minimum of two permanent plat control monuments to which all
dimensions, bearings, azimuths and similar data on the plat are referred;
2. Permanent monuments at all comers.
3. Subdivision boundary lines, right-of-way lines, easements, lot lines withe
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves;
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4. Name and right-of-way width of each street. Any street not dedicated to
the public must be so marked on the face ofthe plat;
5. Locations, dimensions, and purpose of all easements;
6. The required building setbacks on each proposed lot;
7. Required building setbacks and the location of any existing buildings
and/or major structures shall be shown on each proposed lot as well as their distances from property
lines.
8. Identification of each lot;
9. Purpose for which sites are dedicated to the public;
10. Location and description of all monuments;
11. The legal description of the proposed lots.
12. The title under which the subdivision is to be recorded, true North and
grid North arrows, scale, and legend;
13. Legal description of the land to be platted;
14. Certification by registered land surveyor as to the accuracy of plat and
survey;
.
15. Certificate by owner(s) dedicating roads, rights-of-way, easements, and
any sites for public purposes;
16. Certification of approval by:
a. The Planning Community Development Director,
b. The Public Works & Utilities Director; and
c. The Fire Chief;
17. House addresses shall be provided by the City and must be clearly shown
on the short plat at the time of approval pursuant to RCW 58.17.280.
18. Certification by the County Treasurer that all State and County taxes
levied against the land to be subdivided have been paid in full;
19. Certification of filing by County Auditor;
20. If improvements are to be bonded rather than actually installed prior to
final plat approval, the plan shall show a notation as follows: "No occupancy of dwelling units Will
be allowed until all roadway and utility improvements have been completed and approved by the City
Engineer." (Ord. 294892 (part) 2/14/97; Ord. 2909 92,3/15/95; Ord. 288091 (part) 8/25/95; Ord.
2391 91,5/30/86; Ord. 2222 916, 8/11/82.)
16.04.170 Final Short Plat - Routing for Review.
A. Upon receipt of a fmal short plat, the rlauuillg Community Development
Department shall circulate the final short plat to the following departments:
I. Cit} Light Department,
12. Public Works & Utilities Department;
23-. Fire Department.
B. If the final short plat complies with the requirements of this Chapter and the
approved preliminary short plat, the Department head shall signify approval by signing on the face
of the final short plat.
C. In the event the final short plat fails to comply with specific standards or
conditions of preliminary plat approval, the Bgepartment shall so notify the Planning Community
Development Director in writing. (Ord. 2391 92,5/30/86; Ord. 2222 917, 8/11/82.)
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16.04.180 Final Short Plat - Final Approval Procedure. .
A. Within thirty calendar days of receipt of the proposed final short plat, th
Planning Community Development Director shall:
1. Review the final short plat for compliance with preliminary plat
conditions;
Departments; and
2. Review the comments and recommendations of all appropriate
3. Ascertain from the Public Works & Utilities Department that the required
physical
improvements, in accordance with Section 16.04.140, have been installed or financial security has
been provided therefor.
B. Ifthe Planning Community Development Director is satisfied that all of the above
have been met, then he shall approve the final short plat by affixing his signature to the face thereof.
C. If one or more ofthese requirements for approval is not met, he shall notify the
applicant and/or property owner in writing ofthe reasons for withholding approval ofthe final short
plat.
D. Appeal from the Planning Community Development Director's decision shall be
made in accordance with Section 16.04.120. (Ord. 2880 ~ I (part) 8/25/95; Ord. 2222 ~ 18,8/11/82.)
16.04.190 Final Short Plat - Filing and Recordation. The applicant and/or property
owner and/or surveyor shall file the final short plat with the Clallam County Auditor's Office within
ten calendar days of the date ofthe Plalming Community Development Director's approval. The final
short plat shall not be deemed approved by the City until recorded. A copy ofthe recorded documen.
shall be submitted to the Planning Community Development Department within ten calendar days
of filing. (Ord. 2222 ~19, 8/11/82.)
16.04.200 Resubdivision by Short Plat Prohibited. Short plats may not be further
divided in any manner within a period of five years without the filing of a final plat, except that when
the short plat contains fewer than four parcels, nothing shall prevent the owner who filed the short
plat from filing an alteration within the five year period to create up to a total of four lots within the
original short plat boundaries. (Ord. 2741 ~ 1, 1/29/93; Ord. 2222 g20, 8/11/82.)
16.04.210 Iniunctive Action to Enforce Chapter. Whenever any parcel of land within
the City is divided into four or less lots, tracts or parcels ofland, and any person, firm, or corporation
or any agent ofthem sells or transfers, or offers or advertises for sale or transfer, any such lot, tract,
or parcel, without having a final short plat of such short subdivision filed for record in accordance
with the terms of this Chapter, the City Attorney shall commence an action to restrain and enjoin
further sale or transfer of such lots, tracts, or parcels, or offers for sale or transfer for such lots, tracts,
or parcels, and to compel complete compliance with all provisions ofthis Chapter. The cost of such
action shall be taxed against the person, firm, corporation, or agent selling or transferring the
property. (Ord. 2222 ~21, 8/11/82.)
16.04.220 Violation - Penalty. Any person, firm, corporation, or association, or any
agent of any person, firm, corporation or association who violates any provision of this Chapter
relating to the sale, offer to sell, lease or transfer of any lot, tract, or parcel of land in a short.
subdivision shall be guilty of a misdemeanor, and each such sale, offer for sale, lease, or transfer of
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each separate lot, tract, or parcel ofland in violation of any provision ofthis Chapter shall be deemed
a separate and distinct offense. Each such offense may be penalized by a fine of up to five hundred
dollars or ninety days in jail. COrd. 2222 ~22, 8/11/82.)
Sections
16.08.010
16.08.020
16.08.030
16.08.040
16.08.045
16.08.050
16.08.060
16.08.070
16.08.080
16.08.090
16.08.100
16.08.110
CHAPTER 16.08
SUBDIVISION REGULATIONS
Purpose and Intent.
Authority and Jurisdiction.
Definitions.
Applicability.
Parcels Traversed by Public Ways.
Procedure.
Standards and Policies.
Requirements for Acceptance of Plats.
Variances.
Validity.
Enforcement and Penalties.
Plat Occupancy.
16.08.010 - Purpose and Intent.
A. PURPOSE. Land subdivision is the first step in the process of community
development. Once land has been cut up into streets, lots, and blocks and has been publicly recorded,
the correction of defects is costly and difficult. It is therefore in the interest of the public, the
developer, and future property owners that subdivisions be designed and developed in accordance
with sound rules and proper minimum standards.
The purpose of this Chapter is to provide uniform regulations for the subdivision and
resubdivision ofland into five or more parcels, so as to promote the public health, safety and general
welfare. It is further the purpose of this Chapter to implement the requirements of the Growth
Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of
the City, to comply with the requirements ofthe Zoning Code and Urban Services Ordinance of the
City, to ensure orderly growth consistent with the desired urban design of the City, to promote
effective and energy-efficient use ofland, to prevent over-crowding ofland, to provide for adequate
light and air, to promote safe and convenient travel and lessen congestion on streets and highways,
to provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools
and school grounds, sidewalks and safe walking conditions on school routes, and other public
requirements, to require uniform monumenting ofland subdivisions and conveyancing by accurate
legal description, and to prevent the creation of public nuisances.
B. INTENT. It is the intent of these regulations to provide the minimum controls
required to ensure that all platting and subdivision ofland in the City of Port Angeles shall be in the
public interest and shall meet minimum standards of public health and public safety. COrd. 2880 g2
(part) 8/25/95; Ord. 1631 g 1, 11/14/67.)
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16.08.020 - Authority and Jurisdiction. .
A. AUTHORITY. The Planning Commission is designated and assigned th
administrative and coordinating responsibilities contained herein, pursuant to the Laws of the State
of Washington, for the recommendation of approval or disapproval of plats, subdivisions and
dedications.
B. JURISDICTION. The City Council shall appoint a person who shall have the
authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. (Ord.
163192,11/14/67.)
16.08.030 - Definitions.
A. ACCESS STREET - A street with the main function of providing access to
adjacent properties or for local traffic.
B. BUFFER STRIP - An area or strip of land located and planted with trees and
shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public
buildings are sometimes used as a buffer.)
C. COLLECTOR ARTERIAL STREET - A street which provides for movement
within the smaller areas which are often definable neighborhoods and may be bound by higher class
(minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high
portion of ~local traffic: requiring direct access to abutting land uses.
D. COMMISSION - The City of Port Angeles Planning Commission.
E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The
City of Port Angeles Community Development Department. .
fE. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in
compliance with the Growth Management Act of 1990 and which indicates the general locations
recommended for residential, commercial, and industrial land uses or zones and for streets, parks,
public buildings, and other public improvements. The Comprehensive Plan includes all its
Appendices and individual comprehensive service and facility plans such as the Capital Facilities
Plan. the Comprehensive Water Plan and the Comprehensive Parks Plan.
GF. COUNCIL - Port Angeles City Council.
He. CROSSW ALK- WAY - A right-of-way dedicated to public use, ten feet or more
in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
IH. CUL-DE-SAC - (Court or Dead End Street) - A short street having one end open
to traffic and being permanently terminated by a vehicle turn-around.
J. DEDICATION - The deliberate appropriation of land by an owner for public
uses. reserving to the owner no other rights than such as are compatible with the full exercise and
enioyment ofthe public uses to which the property has been devoted. The intention to dedicate shall
be evidenced by the owner by the presentment for filing of a final subdivision plat showing the
dedication thereon. Acceptance ofthe dedication by the City shall be evidenced by the approval of
such final subdivision plat.
K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street
system as described by the Comprehensive Plan land use map and policies. the zoning map and
regulations. the subdivision regulations. and the Urban Services Standards and Guidelines.
LI. EASEMENT - A grant by the property owner of the use of a strip of land by the
public, a corporation, or persons for specific purposes. .
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M:r. FINAL PLAT - The final drawing of the subdivision and dedication prepared for
filing for record with the County Auditor and containing all elements and requirements set forth in
this Chapter.
N*. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks,
crosswalk-ways, water mains, sanitary and stonn sewers, street trees, power and other appropriate
items.
01:. LOT - A portion of a subdivision or other parcel of land intended as a unit for
transfer of ownership or for development.
~M. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot
which abuts a public street shall be considered the front of said lot.
QN. MINOR ARTERIAL STREET - A street which provides for movement within
the large sub-parts prescribed by principal arterials. Minor arterials may also serve "through traffic"
but provide very much more direct service to abutting land uses than principal arterials.
Re. OWNER - A person, firm, association, partnership, private corporation, public
or quasi-public corporation, or any combination thereof.
SP. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential
development is a site specific development which has been approved by the City Council under the
provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of
land in which residential lots are designed in clusters of individual lots with park and open space
areas between clusters and in which lots may be below the minimum lot widths and lot areas required
by the Zoning Code.
I~. PRELIMINARY PLAT - An approximate drawing ofa proposed subdivision
showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision
consistent with the requirements of this Chapter.
DR. PRINCIPAL ARTERIAL STREET - A street which provides for movement
across and between large sub-parts of an urban region and serve predominantly "through trips" with
minimum direct service to abutting land uses.
VS. STREET - A right-of-way, dedicated to public use, which provides vehicular and
pedestrian access to adjacent properties.
WT. SKETCH - A drawing showing proposed lot-layout, building line setbacks and
proposed locations and width of streets, width and area of each lot, sanitary and storm drainage.
XB. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or
the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for
the purpose, immediate or future, of transfer of ownership or development, including all changes in
street or lot lines.
YV. SUBDIVISION - The dividing of a lot, tract or parcel of land into five or more
lots or other division of land for the purpose, immediate or future, of transfer of ownership or
development, including all changes in street or lot lines. (Ord. 2880 92 (part) 8/25/95; Ord. 1631
g3, 11/14/67.)
.
.
16.08.040 - Applicability. A final subdivision, approved in accordance with the
provisions of this Chapter and filed with the County Auditor, is required for all subdivisions within
the City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided,
altered, or vacated without compliance with the terms ofthis Chapter. (Ord. 2880 g2 (part) 8/25/95)
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16.08.045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alley.
and other public ways, which traverse a parcel of land under one ownership, will be considered to
have divided that land into non-contiguous pieces without further need for complying with
subdivision requirements. (Ord. 2880 92 (part) 8/25/95)
16.08.050 - Procedure
A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed
subdivision of land to the €ity rlanning Community Development Department for review prior to
submittal of the Preliminary Plat.
B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit
six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the €ity
rlarnling Community Development Department. The amount ofthe filing fee shall be as established
by ordinance and set forth in Chapter 3.70 PAMC. The €ity rlanning Community Development
Department shall submit written recommendations to the Planning Commission prior to the
Commission's public hearing in which the Preliminary plat is on its agenda.
The proposed plat shall be prepared by a licensed land surveyor and shall be submitted
to the City rlanning Community Development Department at least thirty (30) days prior to the public
hearing of the €ity Planning Commission.
Notice of the public hearing on a proposed plat or subdivision shall be posted by the
developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices
shall clearly indicate the time and place of the public hearing and shall be posted not less than ten
days prior to the hearing.
The Planning Commission shall examine the proposed plat, along with writte.
recommendations of the City~epartments, and shall recommend either approve~or di5applo"e
denial and shall ilia!.." lC.c.oilUUc.ndations thereon to the City Council. Within a period of ninety (90)
days after a preliminary plat has been submitted to the City rla1l1iing Community Development
Department and other affected agencies, the City Council shall either approve or disapprove the
proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of
the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not
include the time spent preparing and circulating the IS.
Following final action of the City Council on a preliminary plat, the rlanniug
Community Development Department shall notify the developer regarding changes required and the
type and extent of improvements to be made. A copy of the Commission's City Council's action and
recommendations shall be forwarded to the developer and to any agency submitting recommendations
in regard to the preliminary plat.
Approval of a preliminary plat shall be considered conditional approval of the
preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as
approval ofthe layout submitted on the preliminary plat as a guide to the preparation ofthe Final plat.
Ifthe preliminary plat is approved by the City Council, the developer, before requesting
final approval, shall elect to install or assure installation of the improvements required by Section
16.08.070 PAC by one of the following methods:
1. Actual installation of the required improvements, to the satisfaction and
approval of the City Engineer;
2. Furnishing to the City an assignment of a savings account or another.
approved security or placing in trust, an amount equal to 150% of the cost of the improvements as
determined by the City Engineer, which assignment of savings account, other security, or trust shall
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assure to the City the installation of the improvements, to the satisfaction and approval of the City
Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may
be removed therefrom without prior written approval ofthe City, and shall further provide that, if the
improvements are not installed within the time limitations set by the City Engineer, or not installed
to the satisfaction of the City Engineer, then the City may withdraw from the savings account, other
security, or trust the amount necessary to complete the improvement. The City Engineer shall
determine the period of the assignment of the savings account, other security, or the trust.
After completion of all required improvements the City Engineer and any government
agency involved shall submit a written notice to the rlanuing Community Development Department
stating that the developer has completed the required improvements in accordance with PAC
16.08.070 and with required installation standards.
.
C. FINAL APPROV AL. The Final plat shall conform to the Preliminary plat as
approved by the City Council. If desired by the developer, the Final plat may constitute only that
portion of the approved Preliminary plat which he proposes to record and develop at the time.
The Final plat shall be submitted to the rlanning Community Development Department
within five years after City Council approval ofthe Preliminary plat. Said preliminary approval shall
become void unless a Final plat is submitted and approved by the City.
The developer shall submit a Mylar tracing and six (6) prints (or more if required) ofthe
Final plat and other required exhibits, including a filing fee, to the Cit} Planning Community
Development Department at least fourteen days prior to the meeting in which the Final plat is to be
considered by the Planning Commission. The amount of the fee shall be set by Resolution ofthe City
Council and may be amended or changed by Resolution from time to time, or as necessary.
The Planning Commission shall review the Final plat to determine if the plat conforms
with the Preliminary plat, the provisions ofthe Comprehensive Plan, the Zoning Code and other land
use regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines, and
these Subdivision Regulations and shall make its recommendation to the City Council.
Ifthe Planning Commission recommends approvesal the Final plat, the Chairperson shall
sign the Final tracing.
Following the recommendation of approval of the Final plat by the Planning
Commission, the City Planning Community Development Department shall obtain the signatures of
the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief,
Director of Public Works and Utilities, Planllillg Community Development Director, and City
Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for
approval and signature by the Mayor.
At least ten days prior to the public hearing of the City Council in which the Final plat
is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location
on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30)
day limit may be extended from the date ofthe Final plat being filed with the Planning Community
Development Department with the consent of the applicant.
The developer shall have his the Final plat recorded within thirty (30) days from the date
his Final plat is approved by the City Council.
After obtaining signatures of City officials and prior to thirty (30) days after recording,
the developer shall obtain and give to the Cit} Dllgilloel Community Development Department a
mylar or equivalent duplicate of the Final plat.
.
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D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. Whe.
a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat 0
subdivision shall be submitted to the Director of Highways. Approval by the COllunission City shall
be withheld until said Director or his assistant has made a report to the Commis&ion City.
When a proposed plat, subdivision or dedication is adjacent to unincorporated territory
notice of such proposed plat shall be given to the Clallam County Planning Commission.
Any decision by the City Council approving or refusing to approve a plat or subdivision
shall be reviewable for arbitrary, capricious or corrupt action or non-action, by petition before the
Superior Court of Clallam County, by any aggrieved property owner of the county having
jurisdiction thereof w ho deems himself aggrie v ed thel eby. Provided, that due application for petition
shall be made to such court within twenty-one days from the date of any decision so to be reviewed.
(Ord. 3042 S2 (part) 1/28/00; Ord. 3007 S4, 1/15/99; Ord. 2990 S3, 5/15/98; Ord. 2880 S2 (part)
8/25/95; Ord. 2789 S 12 1/1/94; Ord. 2743 S 1, 1/29/93; Ord. 2719 ~2, 11/13/92; Ord. 2143 S2,
5/31/81; Ord. 2034 SI, 7/16/79; Ord. 1631 S4, 11/14/67.)
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone
in Port Angeles has been made by the City Council or the Planning Commission, the street layout of
any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed
streets in new subdivisions shall conform to the Comprehensive Plan~ and the Urban Services
Ordinance as adopted.. the Urban Services Standards and Guidelines promulgated consistent with and
pursuant to PAC 18.08.040 and 18.08.130. and the standards and requirements of this Chapter.
No territory proposed to be subdivided shall be a part of, nor encroach upon, any are.
designated in the Comprehensive Plan for future public facilities.
No plan for the platting, reflating, subdivision, or dedication of any area shall be
approved by the City unless each lot shall abut on a dedicated. improved. and maintained City street
and such street shall connect directly to an existing improved street that meets current street
improvement standards as set forth in the Comprehensive Plan. the Urban Services Ordinance. and
the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAC
18.08.040 and 18.08.130. sheets shown therein ale cOlmected directly to-all existing improved public
Iight-of- w ay str cet that meets cUlIcnt stt eet impr 0 v c.nlc.nt standar ds as set forth in the Compr ehcllsi v e
rlan, the U1ban Ser ~ice.s Ordinance, and the. Urban Ser vices Standards and Guidelines promulgated
consistc.nt with and pursuant to rAC 18.08.040 and 18.08.130 and that is adequate. to serve the
existing and lle.W lots.
If any existing rights-of-way abutting the property being subdivided do not meet
minimum width standards. additional right-of-way shall be required in accordance with the standards
as set forth in the Comprehensive Plan. the Urban Services Ordinance. and the Urban Services
Standards and Guidelines promulgated consistent with and pursuant to PAC 18.08.040 and 18.08.130.
Where the Comprehensive Plan or the City's official street plan ipdicates the necessity of a new right-
of-way of a required width or portion thereof for street purposes, whether within a new plat or new
subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-
way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat.
The area of a cemetery in one unit shall be not more than eighty (80) acres, which may
or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut bYe
dedicated or unplanted streets the areas on opposite sides of said streets shall form and be considered
separate units.
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Sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW
58.17.110. The Planning Commission may require plats to provide areas for parks, playgrounds,
open spaces, recreation facilities, schools, school grounds, safe walking conditions on schoolrontes,
transit stops, and drainage ways..
Each proposed subdivision and the ultimate use of the land therein shall be in the
interests of public health, safety and welfare, and subdivides shall be prepared to present evidence
to this effect when requested by the Conmlission City.
Restrictive covenants not contrary to existing regulations regarding the use of land,
governing and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat ofland within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Zoning Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest
standard shall apply.
B. GENERAL PRINCIPLES. POLICIES. The Commission shall ensure that
appropriate provision is made for: (I) the harmonious development of neighborhoods by requiring
coordination of streets within subdivisions with existing or planned streets, or with other elements
of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3)
distribution of population and traffic which will create conditions favorable to public health, safety
and convenience.
The Commission shall inquire into the public use, interest or need proposed to be served
by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will
not serve the public use, interest or need, the Commission may recommend denyial appr 0 v al of such
subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive
Plan and Urban Services Ordinance. Land which the Commission has found to be unsuitable
for subdivision due to flooding, bad drainage, steep slopes, rock formations or other feature likely
to be harmful to the safety, welfare and general health ofthe future residents, - and the Commission
considers inappropriate for subdivision, - shall not be subdivided unless adequate methods which are
consistent with the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are
formulated by the developer and approved by the City EngineGr. Community Development Director.
C. STREETS AND ROADS.
1. The arrangement, character, extent, width, grade and location of all roads
streets shall conform with the Comprehensive Plan, induding the Capital Facilities Plan, the Urban
Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in
their relation to existing and planned roads, to topographic conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement
of streets in a subdivision shall either provide for the continuation or appropriate projection of
existing major streets in the surrounding area; or shall conform to a street plan for the neighborhood,
approved by the Commission City, to meet a particular situation where topographic or other
conditions make continuance or conformance to existing roads streets impracticable. This shall-also
apply to cluster subdivisions.
3. Ifa preliminary or suggc.sted street plan for an area has been made by the
CommissionJdtx, the street layout of a proposed subdivision in such an area shall be in general
conformance to the plan.
.
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4. When a portion of a subdivider's tract is to be subdivided, a street plan
for the entire tract shall be submitted to indicate how the street pattern of the plat submitted wile
coordinate with the entire tract when fully platted and with streets in the surrounding area.
5. Where a tract is subdivided into lots or tracts of an a"r" or mOle larger in
area than twice the minimum lot size, the Commissioh City may require an arrangement of lots and
streets such as to permit a later re-subdivision in conformity with the street and lot requirements
specified in these Regulations.
6. Wherever pr2l(.ti"al, de.ad-cnd stre."ts shall be. avoid"d. nowe~er, loads
designed with a tutu-around at one end ("ul-de-sa,,) may be. used wh"il "onditions auant their use..
7. Wh(.r"ve.r practical, minor stJ:GGts shall be laid ont to discourage. through
tI: affk 'W i thin r eside.ntial neighbor hoods.
Q& Where a proposed subdivision abuts or contains an existing or proposed
major load arterial street or is adjacent to an existing or planned business, commercial or industrial
district, the COllullission City may require treatment as may be necessary (1) for the adequate
protection of residential properties; and (2) to afford separation of through and local traffic.
19. Where a subdivision borders or contains a railroad or limited access
highway right-of-way, the Comnlission may require a road approximately parallel to and on each side
of such right-of-way at a distance suitable for appropriate use ofthe intervening land. Such distances
shall also be determined with due regard for the requirements of approach grades and future grade
separations.
~te. Streets shall be laid out so as to intersect as nearly as possible at right
angles. Acute angle intersection shall be avoided.
2tt. There shall be no reserve strips controlling access to roads, except wher_
the control of such strips is definitely placed in with the City under conditions approved by th~
Commission.
1 ()tZ. Sidewalks and other planning features that assure safe walking conditions
for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and
RCW 58.17.110.
c D. BLOCKS.
1. The lengths, widths and shapes of blocks shall be determined with due
regard to provision of adequate building sites suitable to the special needs of the type of land use
contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities
ofthe topography and other environmental constraints, and needs for convenient access, circulation,
control and safety of vehicular and pedestrian traffic. and the desired urban design of the City.
2. Where the local access streets follow a grid system. T!he width of blocks
shall be sufficient for two t27 tiers oflots, unless existing conditions are such, in the judgment ofthe
Commission City, to render such requirements undesirable or impractical.
1.. Where the local access streets follow a curvilinear system. the size of
blocks should follow the large rectangular area bounded by arterial streets. unless future
considerations are such that. in the iudgment of the City. will render such allowances undesirable or
impractical.
13-. For residential subdivisions. Wwhere frontage is on a major lOad an
arterial, the long dimension of the block should be oriented with the in the opposite direction of
traffic flow.
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~4. Pedestrian crosswalk-ways and sidewalks shall be required where deemed
essential to provide circulation or access to schools, playgrounds and parks, shopping 'c.utels, areas,
transpoItation arterial streets and trails, and other community facilities.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum
building setback lines shall be appropriate for the location of the subdivision, for the type of
development and land use contemplated, and for the type of street system planned for the area. and
shall conform with the requirements of the Zoning Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have
a depth greater than twice three times its width.
3. Comer lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing ofland
shall provide, by means of a public street, each lot with sati5fac,tory direct access to an existing public
street that is improved to City street standards.
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from traffic' artc.Iies arterial streets or to
overcome specific disadvantages oftopography and orientation. A planting screen easement across
which there shall be no right of access shall be provided along the line oflots abutting such a traffic
artery principal arterial street or disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines
and front lot lines.
.
7. No lot or lots for residential purposes shall be divided or sold into
additional lots or building sites, without compliance with these Subdi v i5ion Regulations Title 16
PAC.
F. PUBLIC SPACES.
1. Where a proposed park, playground, school, or other public use shown
in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is
located in whole or in part in a subdivision, the Comnii5sioh City may require the dedication or
reservation of such area within the subdivision in those cases in which the COlllmission City deems
such requirement to be reasonable.
2. Where deemed essential by the Commission QIT....upon consideration of
the particular type of development proposed in the subdivision, and especially in large-scale
neighborhood unit developmc.nts not anticipated in the COlnpleh~l1sive flan, subdivisions of30 lots
or more, the COlmllission City may require the dedication or reservation of such areas or sites of a
character, extent and location suitable to the needs created by such development large subdivisions
for schools, parks and other neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas
Protection Ordinance.
G. EASEMENTS.
1. Utility easements shall be provided, centered on front, rear, or side lot
lines. where possible.
2. Where a subdivision is traversed by a water course, drainage way,
channel, or stream, there shall be provided a storm water easement or drainage right-of-way
.
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conforming substantially with the lines of such water course, and such further width or constructio.
or both, as will be adequate for the purpose. Parallel roads or parkways may be required i
connection therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference
to the dimensions of full grown trees and in accordance with the determinations and standards ofthe
City Dngineet Public Works & Utilities Department.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the
following standards may be made by the C0m:111ission City, where topographic or other existing
conditions make adherence to these Regulations impractical.
J. STREET IMPROVEMENTS. Street Improvements shall be provided in
accordance with the Urban Services Standards and Guidelines promulgated consistent with and
pursuant to PAC 18.08.040 and 18.08.130.
K. BLOCKS.
1. Maximum length of all blocks shall be approximately twelve hundred
(1200) feet.
feet.
2. Minimum length of all blocks shall be approximately five hundred (500)
3. Crosswalk -~ayS shall may be required near the middle of all blocks
longer than approximately eight hundred (800) feet.
4. Minimum width of all blocks with two tiers of lots (plus width of alley,
if any), shall be-two three hundred tzOO1 (300) feet.
L. LOTS.
1. The minimum width, depth, area and setback dimensions of all lots i.
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a pIa
approved by the City is more restrictive than the said Regulations, then the most restrictive dimension
shall apply.
M. BUILDING LINE SETBACK.
1. The building line setback from the property lines of all lots shall be
indicated by a dashed line on all plats.
2. Required setbacks are a minimum, not a uniform standard. Varied
'setbacks along a street help avoid a monotonous barracks appearance.
N. STANDARD PIPE SIZE.
The size of water, sanitary and storm sewer, and storm drainage pipes shall be
as set forth in the Comprehensive Plan and Urban Services Ordinance, the Urban Services Standards
and Guidelines promulgated consistent with and pursuant to PAC 18.08.040 and 18.08.130.
O. PROCEDURE FOR REIMBURSEMENT
Procedures for reimbursement shall be the same as that set forth in Section
13.68.140 PAC.
P. SIGNAGE One (1) free standing sign no larger than twenty-four (24) square
feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a
locatedion in conformance with the development standards of a particular zone. (Ord. 3042 ~2 (part)
1/28/00; Ord. 2977 ~2, 12/26/97; Ord. 2948 ~3 (part) 2/14/97; Ord. 2880 ~2 (part) 8/25/95; Ord. 2795
91,2/11/94; Ord. 274392,1/29/93; Ord. #2732 916,12/25/92; Ord. #1881 91,6/23/76; Ord. #1631
~5, 11/14/67)
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16.08.070 - Requirements for Acceptance of Plats.
A. DATA REOUIRED FOR APPROVAL OF PRELIMINARY PLAT.
The preliminary plat shall be at a scale of not less than two hundred (200) feet
to one (1) inch. Data required for the preliminary plat shall include the following information, unless
otherwise specified by the City EngineGl.:
1. Location, width and purpose of all easements, existing and proposed.
2. Name and right-of-way widths of all existing and proposed streets on or
adjacent to the proposed subdivision.
3. Approximate location and size of all utilities (water mains, sewers, etc.)
on an adjacent to the proposed subdivision.
4. Contours, based on City adopted vertical datum, shall have intervals of
not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less.
5. Locations of and results of tests made to ascertain subsurface soil, rock,
and ground water conditions, when required by the City Engineer.
6. Approximate locations of water courses, marshes, rock outcrops, wooded
areas, natural retention areas, direction of drainage, culverts, houses, all non-residential land uses and
all other significant features on and adjacent to the proposed subdivision.
7. Zoning on and adjacent to the proposed subdivision.
8. All highways or other major improvements planned by public authorities
for future construction on or near the proposed subdivision.
9. A vicinity sketch showing relation of the proposed subdivision to the
surrounding area with regard to major improvements.
10. The legal description of the tract to be platted, title under which the
proposed subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow.
11. The legal description of the proposed lots.
12. Ownership ofunsubdivided land adjacent to the proposed subdivision and
names of adjoining existing plats.
13. The required building setbacks and any existing buildings and/or major
structures shall be shown for each proposed lot as well as their distances from property lines.
14. Identification of each lot and each block.
15. Approximate square footage and scaled dimensions of each lot.
16. Summary of site data, including total acreage, acreage in residential use,
acreage in streets, and number of acres in parks and other non-residential land uses.
17. Environmental Checklist with filing fee.
18. Shoreline and Wetland permit applications and Environmentally Sensitive
Areas Protection Ordinance compliance (when required).
19. Affidavits of posting and publication.
B. SUBDIVISION IMPROVEMENTS REQUIRED. Allloadway street and utility
improvements must be designed to comply with the current APW A standards and as specified by the
City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAC 18.08.040 and
18.08.130. Plans and specifications for loadway street and utility improvements must be approved
by the City Engineer prior to the beginning of construction. Minimum improvements shall be as
follows:
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C. STREETS AND ROAD'.\' A YS.
1. The entire right-of-way shall be cleared and grubbed of all objectionabl.
materials. Trees approved by the City for preservation shall be identified.
2. Streets shall be graded and improved with paving, curbs and gutters,
drainage and sidewalks according to the approved plans and roadway section.
3. Street lights shall be installed as specified by the City Engineer.
4. Street name signs shall be provided and installed by the City at cost to the
developer.
5. Permanent monuments shall be installed.. and each lot shall be staked.
D. UTILITIES. A water distribution system, storm drainage system, electrical
distribution system and a sanitary sewage disposal system shall be designed and installed in
accordance with the Comprehensive Plan.... and the Urban Services Ordinance.. dcv dopment standards
and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAC
18.08.040 and 18.08.130.
E. PARKS. Parks and recreation shall be provided consistent with the
Comprehensive Plan.. and-the Urban Services Ordinance. and the Urban Services Standards and
Guidelines promulgated consistent with and pursuant to PAC 18.08.040 and 18.08.130.
F. RECOMMENDED IMPROVEMENTS.
1. Street Trees. Street trees are a protection against excessive heat and glare
and enhance the attractiveness and value of abutting property. The City will assist the subdivider in
location of trees and species to use under varying conditions. It is recommended that trees be planted
inside the pr-operty lines where they are less subject to injury, decrease the chance ofmotor accidents
and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in
the right-of-way, their proposed locations and species to be used are to be submitted for review and.
approval by the City.
G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall
be an eighteen (18) inch by twenty-four (24) inch permanent reproducible, and shall be at a scale of
not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall
be submitted with the final prints. For large subdivisions, the plat may be on several sheets,
accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied
by a report containing accurate square footage and dimensions of each lot and block and the
coordinates of each monument; a title report; and shall include a warranty that all assessments in
favor ofthe City have been paid.
The final plat and survey shall be based on the Washington Coordinate System, North
Zone, as adopted by the City. The final plat shall show the following:
1. A minimum of two permanent plat control monuments with coordinates,
to which all dimensions, bearings, azimuths and similar data on the plat shall be referred.
2. Permanent monuments at all comers.
3. Subdivision boundary lines, right-of-way lines, easements, lot lines with
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves.
4. Name and right-of-way width of each street. Any street not dedicated to
the public must be so marked on the face ofthe plat (RCW 58.17.165).
5. Location, dimensions and purpose of all easements.
6. Identification of each lot and block with addresses shown on the lots.
7. The required building setbacks and any existing buildings and/or major
structures shall be shown for each proposed lot as well as their distances from property lines.
8. Purpose for which sites, other than residential, are dedicated to the PUbli.
or reserved for future development.
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9. The required building setbacks on each proposed lot.
10. Location and description of all monuments.
11. The title under which the subdivision is to be recorded, true north and grid
north arrows, scale, and legend.
12. Legal description of the land to be platted;
13 The legal description of the proposed lots
14. Certification by registered land surveyor as to the accuracy of plat and
survey.
15. Certificate by owner(s) containing the legal description ofthe land to be
platted and dedicating roads, rights-of-way, easements and any sites for public purposes.
16. Certification of approval by: (a) the Planning Commission; (b) Director
of Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City
Manager, City Clerk, Fire Chief, Planning Community Development Director, and City Attorney.
17. Certification by the County Treasurer that all state and county taxes levied
against the land to be subdivided have been paid in full.
18. Certification of filing by County Auditor.
19. If improvements are to be bonded deferred rather than actually installed
prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling
units will be allowed until all roadway and utility improvements have been completed and approved
by the City Engineer." (Ord. 3042 ~2 (part) 1/28/00; Ord. 2948 ~3 (part) 2/14/97; Ord. 2909 ~3,
3/29/96; Ord. 2880 ~2, 8/25/95; Ord. 2743 ~3, 1/29/93; Ord. 2045 ~1, 10/27/79; Ord. 1966 92,
4/29/78; Ord. 1631 96, 11/14/67.)
.
16.08.080 - Variances and Modifications. Where the Commission or the. Council City
finds that extraordinary hardship may result from strict compliance with these Regulations, it may
vary the Regulations so that substantial justice may be done and the public interest secured; provided
that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive
Plan or these Regulations.
The standards and requirements of these Regulations may be modified by the
Conmlission 01 the Coune.il City through a Planned Residential Development which in the judgment
of the Commission or the Council will provide adequate public spaces and improvements for the
circulation, recreation, light, air and service needs of the tract when fully developed and populated,
and which also will provide such covenants or other legal provisions as will assure conformity with
and achievement of the plan.
In granting variances and modifications, the Commission or the Counc.il City may require
such conditions as, in its judgment, will secure substantially the objectives of the standards or
requirements so varied or modified. (Ord. 2880 92, 8/25/95; Ord. 1631 97, 11/14/67.)
16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or
phrase ofthese Regulations be declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of these Regulations. (Ord. 2880 ~2, 8/25/95; Ord.
1631 ~8, 11/14/67.)
.
16.08.100 - Enforcement and Penalties. Within any twelve-month period of time, any
person, firm or corporation that has platted, subdivided or divided any parcel of land or property in
two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of
providing building sites, and has failed to comply with the provisions of these Regulations, shall be
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subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or imprisonment
injail for a period not to exceed thirty (30) days, or both. .
Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or
tract by reference to a plat or map of a subdivision or division, before such plat has been filed for
record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00) dollars for
each lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes
and bounds in the instrument of transfer shall not exempt the transaction from such penalty.
The Commission Community Development Department shall refer violations to the City
Attorney for appropriate action to enforce these penalties. (Ord. 2880 92, 8/25/95; Ord. 1631 99,
11/14/67.)
16.08.110 - Plat Occupancy. Ifthe developer of a plat elects to bond assign savings or
provide other security or trust approved by the City and thereby assure that the installation of the
required improvements for final plat approval will be done to the satisfaction and approval ofthe City
Engineer, building permits for the construction of houses within the plat will be issued subject to the
following conditions:
1. The final plat must have received all required approvals and be recorded with the
County Auditor.
2. No occupancy of any dwelling units will be allowed until allloadway street and
utility improvements have been completed and approved by the City Engineer. (Ord. 2880 92,
8/25/95; Ord. 1966 91,4/29/78.)
Section 3. Ordinance 3003 and Title 16 of the Port Angeles Municipal Code are herebY.
amended by amending Chapter 16.1 0 PAC to read as follows:
Sections:
16.10.010
16.10.015
16.10.020
16.10.030
16.10.040
16.10.050
16.10.060
16.10.070
16.1 0.080
16.10.090
16.10.100
16.10.110
Chapter 16.10
Binding Site Improvement Plan
Purpose
Definitions
Application
Review Procedures
Standards and Criteria
Preliminary Approval
Final Approval
Installation of Improvements
Time Limitations
Revision
Appeals
Enforcement
16.10.010 Purpose. This Chapter is established to provide an alternative to the traditional.
method of land division in commercial and industrial zones as provided in RCW 58.17.035. A
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Binding Site Improvement Plan (BSIP) allows for the division ofland for the purpose of sale or lease
when used for commercial or industrial purposes as an integrated conunercial or industrial center and
allows certain development standards (zoning, parking, setbacks, landscaping, lot area and lot
dimension) on individual lots to be modified provided the standards for the entire center are met.
This Chapter is also intended to encourage simultaneous construction of required infrastructure and
private structures. (Ord. 3003 ~ 1 (part), 12/25/98)
16.10.015 Definitions.
A. Binding site improvement plan or BSIP. "Binding site improvement plan" or
"BSIP" means an integrated site plan submitted to the City pursuant to this Chapter for approval of
all planned buildings, public and private infrastructure, and other improvements and amenities to be
developed as a commercial or industrial center.
B. Conunercial or industrial center. "Commercial center" or "industrial center"
means a development complex of mixed commercial and/or industrial businesses th!lt share facilities
and are organized by some form of common management. A business and office park, an industrial
park, a corporate campus, and a shopping center are typical examples of commercial or industrial
centers.
C. Integrated site. "Integrated site" means one or more parcels ofland operated as
a single development site for the purposes of shared facilities and conunon management. (Ord.3003
~ 1 (part), 12/25/98)
16.10.020 Application. The following items are required, in quantities specified by the
Planning Community Development Department, for a complete Binding Site Improvement Plan
(BSIP) application, unless waived by the Planning Director as not being applicable:
A. Complete BSIP application form with fee as set forth in Chapter 3.70 ofthe Port
Angeles Municipal Code.
B. Complete State Environmental Policy Act (SEP A) checklist and fee.
C. Complete applications for other required land use approvals if applicable.
D. A vicinity map showing location of site.
E. A drawing prepared to the following standards:
1. The drawing shall be in ink, to a scale of not less than one inch to one
hundred feet, on 8 ~ inch by 11 inch or larger paper.
2. The drawing shall provide the following information:
a. The date, scale, and north directional arrow;
b. The boundaries of the entire parcel being platted, including all
contiguous unplanted property owned by the subdivider;
c. A legal description of the property being platted;
d. Identification, dimensions, and area of all proposed lots and
address numbering. Interior lots to be eliminated shall be shown by a dashed line and so noted;
e. The name and location of existing and proposed public rights-of-
way;
f. The location of existing and proposed easements;
g. The required building setbacks on each proposed lot;
h. The location of existing and new buildings including distances
from property and/or leasehold lines, driveways and parking calculations;
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i. The location of existing natural features, such as streams, rivers.
wetlands, shorelines, drainage ways, ravines and steep slopes;
j. The location and size of utilities, including water, sewer, storm
drains, and fire hydrants existing and proposed;
k. Location of sensitive areas and sensitive area buffers (as well as
slopes of20% or greater and drainage or other watercourses) on the site.
F. A list of owners of adjacent property printed or typed on I" x 2 5/8" mailing
labels and the names of any adjacent subdivisions.
G. Legal descriptions of all tracts contained within the boundaries of the plat.
H. A description ofthe method of common management of shared facilities. (Ord.
3003 ~ 1 (part), 12/25/98)
16.10.030 Review Procedures.
A. Prior to submittal of a BSIP application for consideration, the applicant is
encouraged to meet with representatives of the PlalUling Community Development Department,
Public Works & Utilities Department, Fire Department, and Parks Department. The City
representatives and the applicant may discuss the general goals and objectives ofthe proposal, overall
design possibilities, general character ofthe site, potential environmental constraints, and standards
of development. The focus ofthe meeting shall be general in nature and none ofthe discussions shall
be interpreted as a commitment by the City or the applicant.
B. Review of proposals under five (5) acres in size shall be done administratively
by the Planning Community Development Department. Review of proposals exceeding five (5)
acres in size shall be done by the Planning Commission following a public hearing. .
C. Public notice shall be provided as follows:
1. At least fifteen (15) days prior to the date of the public hearing, the
applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in
a conspicuous manner in the form of a brightly colored notice on a self-standing sign as provided by
the Planning Community Development Department or in such other form as the Planning Community
Development Department may direct. The applicant shall file with the Plalming Community
Development Department an affidavit that such posting has been accomplished and that the applicant
shall assume full responsibility for return or replacement, in the case of damage. Consideration will
be given in the case of vandalism beyond the applicant's control.
2. At least fifteen (15) days prior to the date of the public hearing, the
Plaillting Community Development Department shall cause notice ofthe time, place and purpose of
the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the
boundary ofthe site as shown by the records of the County Assessor. The applicant shall provide the
Planning Community Development Department with mailing labels for each such property owner.
D. An environmental determination shall be rendered by the SEP A Responsible
Official prior to final action on the preliminary BSIP application. (Ord. 3003 ~ 1 (part), 12/25/98)
16.10.040 Standards and Criteria. Prior to approval of a BSIP, the following standards
and criteria shall be met:
A. Water supply and fire protection facilities must be adequate to serve the BSIP
and comply with the City's Comprehensive Plan~ and the Urban Services Ordinance~ development
standards.and the Urban Services Standards and Guidelines promulgated consistent with and pursuant.
to PAC 18.08.040 and 18.08.130. '
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B. Necessary drainage ways or storm drain facilities must be adequate to serve the
BSIP as set forth in the Comprehensive Plan and Urban Services Ordinance development standards.
C. Appropriate access to all anticipated uses within the site shall be available.
D. Monumentation of all exterior tract corners shall be completed.
E. The provision and dedication of streets and rights-of-way must be adequate to
serve the BSIP and comply with PAC 16.04.070 and with the Comprehensive Plan and Urban
Services Ordinance.. development standards.and the Urban Services Standards and Guidelines
promulgated consistent with and pursuant to PAC 18.08.040 and 18.08.130.
F. The BSIP lot arrangement, configuration, and size must comply with the policies
of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Comprehensive Plan. The proposed lots must comply with the requirements ofthe Zoning Code,
Title 17 PAC, as now enacted or hereafter amended, and PAC 16.04.070.
G. The BSIP must be compatible with existing and planned development of the
surrounding area.
H. The site must be zoned commercial or industrial and must be integrated, as
defined in PAC 16.10.015.
I. Appropriate easements and maintenance agreements for shared facilities,
including but not limited to, circulation, parking, utilities and landscaping must be provided.
J. When taken as a whole and not considering any interior lot or leasehold lines, the
integrated site must meet all zoning and subdivision requirements.
K. Modifications to the minimum zoning standards for individual lots located within
the integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot dimension
shall not be detrimental to the public health, safety and welfare, and shall not adversely affect the rest
of the integrated site or other properties in the vicinity.
L. Common improvements necessary to serve any particular phase of development
must be sufficient for meeting the zoning and subdivision requirements for that phase.
M. Access to the integrated site must meet the subdivision ordinance standards.
Access within the site must provide for safe and efficient circulation and must meet Fire Department
access requirements.
N. The circulation system must incorporate appropriate provisions and provide
sufficient area for safe pedestrian activity to the site from the street and from building to building
within the site.
O. Sign regulations shall be applied to the integrated site as a whole. For example,
the number of freestanding signs allowed shall be based upon the BSIP as a site. Individual
ownerships within the integrated site shall not be considered separate sites in determining the number
of freestanding signs allowed.
P. Landscaping design standards shall be maintained as required in the underlying
zoning development standards.
Q. Land clearing/grading shall be performed in compliance with the City's
Clearing/Grading/Filling Ordinances. Land that contains environmentally sensitive and critical areas
shall only be developed under the City's regulations for development in those areas.
R. Each proposed BSIP and the ultimate use of the land therein shall be in the
interests of the public health, safety, and welfare, and applicants shall present evidence to this effect
when requested.
.
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S. Whenever there is a discrepancy between minimum standards or dimensions
noted herein and those contained in Zoning Regulations, Building Codes, or other officiae
Regulations, the more restrictive standard shall apply.
T. A description of the facilities shared by the development complex of mixed
commercial and/or industrial businesses shall be provided and the system of common management
of those facilities shall be described on the face of the final mylar. (Ord. 3003 ~ I (part), 12/25/98)
16.10.050 Preliminary Approval.
A. The rlanuing Community Development Director or Planning Commission shall
approve, approve with conditions, or deny the BSIP within the time requirements of Chapter 18.02
PAC. Said preliminary decision shall be in writing and shall set forth findings of fact supporting the
decision.
B. Preliminary approval or approval with conditions shall authorize the applicant
to proceed with preparation of the final BSIP. (Ord. 3003 ~ I (part), 12/25/98)
16.10.060 Final Approval.
A. Prior to final approval, a survey shall be performed by a licensed surveyor who
shall submit a mylar to the rlall11ing Communi Develo ment Department for recordation. The
mylar shall be prepared to acceptable survey standards an shall contain the information required in
the preliminary drawing. The Mylar shall also contain the required official recording block and
si~natures of the Cil} rlanlling Community Development Director, €ity Public Works & Utilities
Director, €ity Fire Chief, and the prop'erty owner. For those applications that require review by the
Planning Commission, provision wIll be made for the signature of the Chair of the Planning
Commission. The survey and plan shall be consistent with the conditions of preliminary approval.
B. Once the Planning Community Development Department determines the survey,
plan, and any other documents for recording are consistent with the preliminary approval, it will be
reviewed by the appropriate City departments and signed by the appropriate City officials.
C. After being certified for filing by the City, the BSIP survey shall be filed by th.
applicant with the Clallam County Auditor's Office. The applicant shall pay all costs associated witH
the filing. The BSIP is not considered final until a copy of the recorded document is returned to the
City of Port Angeles rlalluing Community Development Department for record keeping purposes.
D. Upon final approval by the city, all developments shall conform to the BSIP
unless an amendment is approved by the City. (Ord. 3003 ~ 1 (part), 12/25/98)
16.05.070 Installation ofImprovements. Prior to the issuance ofa building permit for
construction within a binding site improvement plan, all improvements required to adequately service
that portion of the BSIP for which the building permit will be issued shall be installed. Approval for
improvements and finalization of specific individual commercial or industrial lots shall be done
administratively. (Ord. 3003 g 1 (part), 12/25/98)
16.05.080 Time Limitations. Ifno specific BSIP has been approved within five (5) years
of the date of preliminary approval, preliminary approval will expire. The applicant may obtain an
extension of the BSIP not to exceed two (2) years by filing a written request with the rlanning
Community Development Department prior to the expiration ofthe five (5) year period. (Ord. 3003
~ 1 (part), 12/25/98)
16.10.090 Revisions. Alteration of an approved and recorded BSIP shall be
accomplished by application to the rlalllling Community Development Department and shall be
subject to all procedures and requirements established in this Chapter. (Ord. 3003 ~ 1 (part),
12/25/98)
16.10.100 Appeals.
A. Any person ag~rieved by the decision ofthe rlalllling Community Development
Director or the Planning CommiSSIOn may appeal the decision to the City Council.
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B. Appeals shall be submitted to the Plannin~ Community Development Department
in writing within fourteen (14) days following the date of maIling of the decision to the apphcant and
shall be accompanied by the required fee as set forth in Chapter 3.70 PAC.
C. The City Council shall hear the appeal, and may uphold, reverse, or modify the
decision and shall set forth written findings of fact. (Ord. 3003 ~1 (part), 12/25/98)
16.10.110 Enforcement. All provisions, conditions, and requirements ofthe BSIP shall
be legally enforceable against the purchaser or any other person acquiring a lease or other ownership
interest of any lot parcel, or tract created pursuant to the BSIP. Any sale, transfer, or lease of any lot
or parcel created pursuant to the BSIP that does not conform to the requirements of the BSIP or
without binding site plan approval shall be considered a violation of Chapter 58.17 RCW, shall be
subject to being restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW, and
shall be subject to the general penalty set forth in PAC 1.24.010. (Ord. 3003 ~1 (part), 12/25/98)
CHAPTER 16.12
BOUNDARY LINE ADJUSTMENTS
Sections:
.
16.12.010 Purpose and Intent.
16.12.020 Authority.
16.12.030 Definition.
16.12.040 Scope.
16.12.050 Application.
16.12.060 Planning Community Development Department Decision.
16.12.070 Recording.
16.12.080 Appeals.
16.12.010 - Purpose and Intent. The purpose of this Chapter is to establish procedures
for the approval of boundary line adjustments in order to ensure that such divisions of land are
accomplished in an orderly mal1?er, with proper records, and in compliance with applicable laws.
(Ord. 2669 Sl (part), 1/17/92.)
16.12.020 - Authority. This Chapter is adopted pursuant to the authority of Chapter 58-
17 RCW, RCW 35A.63.100(3), and the police power granted the City of Port Angeles by the
Constitution and laws of the State of Washington. (Ord. 2669 S 1 (part), 1/17/92.)
16.12.030 - Definition. A boundary line adjustment is defined as a division ofland made
for the purpose of alteration by adjusting boundary lines, between planned or unplanted lots or both,
which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel,
site, or division which contains insufficient area and dimension to meet minimum requirements for
width and area for a building site. (Ord. 2669 S 1 (part), 1/17/92.)
.
16.12.040 - Scope. The submittal of boundary line adjustment applications for City
approval under this Chapter shall be at the option ofthe affected property owners. If property owners
request City approval of boundary line adjustments, said approval shall be consistent with this
Chapter. (Ord. 2669 Sl (part), 1/17/92.)
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16.12.050 - Application. Application for a boundary line adjustment shall be made to
the flaui11ng Community Development Department. The application form shall be made availabl.
at the flanning Community Development Department. The application shall include the signatures
of all property owners affected by the adjustment. In addition, an 18" x 22" drawing, drawn to scale,
shall be provided with the following information:
A. Existing and adjusted property lines shown as solid lines;
B. Distance between existing and adjusted line(s);
C. Dimensions of all property lines before and after adjustment;
D. Location of all existing buildings, with nearest distance between each building
and all existing and proposed property lines;
E. Legal description of property (existing and proposed);
F. Location of existing and proposed easements that are in favor of a public entity;
G. The location of public and private streets. (Ord. 2669 91 (part), 1/17/92.)
16.12.060 - flanning Community Development Department Decision. The flalming
Community Development Department's decision shall be based on whether or not the proposed
boundary line adjustment meets the following standards:
A. The boundary line adjustment does not create any additional new lots;
B. The boundary line adjustment does not create any lot which does not meet the
minimum lot width and area standards for the zone district in which it is located;
C. The boundary line adjustment does not increase the degree of nonconformance
of structures with respect to zoning standards;
D. Th~ boundary line adjustment makes provision for all necessary utility easements."
E. The adjusted lots meet the requirements of the Short Plat Ordinance, Chapte
16.04 PAC, with respect to configuration and access to public streets; or if the existing lots do not
meet these requirements, the adjusted lots shall not increase the degree of nonconformity.
The flanlling Community Development Department shall take action on the request within twenty
(20) working days from when the application is deemed complete. The applicant shall be notified
in writing of the action. (Ord. 2669 91 (part), 1/17/92.)
16.12.070 - Recording.
A. A survey shall be prepared and recorded with the County Auditor's Office on an
18" x 22" reproducible mylar. The mylar shall show property lines and dimensions, showing the new
comers as staked on the ground, building locations, location of easements, and public and private
streets. The mylar shall also contain signatures of all property owners and signature blocks for the
flantling Community Development Director and Public Works & Utilities Director. A copy ofthe
recorded survey shall be provided to the Planning Department.
B. In order to ensure that the adjustment does not create an additional lot, the
following wording shall be included on each deed filed as part of the adjustment:
"This conveyance is for the purpose of accomplishing a boundary line
adjustment pursuant to RCW 58.17.040(6). It shall not create any
additional lots, tracets, parcels, or division. Rather, the land described
herein shall merge or be integrated into abutting property presently owned
by the grantee(s)."
(Ord. 2948942/14/97; Ord. 2669 91 (part), 1/17/92.) .
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16.12.080 - Appeals.
A. Any person aggrieved by the Decision ofthe Planning Community Development
Director under Section 16.12.050 may appeal the decision to the Planning Commission.
B. Appeals shall be submitted to the Planning Community Development Department
in writing within thirty (30) days following the date of mailing the decision to the application.
C. The Planning Commission shall hear the appeal at its next possible public
meeting and hereupon make a recommendation to the City Council to uphold, reverse, or modify the
decision, based upon the compliance of the boundary line adjustment with the requirements of this
Chapter. Such recommendation shall include written findings of fact.
D. The City Council, at its next possible public meeting following receipt of the
Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's
recommendations and shall set forth written findings of fact. (Ord. 2669 91 (part), 1/17/92.)
Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 3 - Effective Date. This Ordinance shall take effect five days following the date
.
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the
day of July, 2002.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED:
By Summary
.
F IORDINANCES&RESOlUTIONS\2002-15 ord.wpd
June 20, 2002
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending the
City's Zoning Code, by adding to the purposes of the Zoning Code, by
identifying what development should take place in each zone to
accomplish the desired urban design of the City and to reduce conflicts
between adjacent land uses, and by adding definitions for special uses,
and amending Ordinance 1709 as amended and Title 17 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 1709 as amended and Title 17 ofthe Port Angeles Municipal Code
are hereby amended by amending Chapter 17.01 P AMC to read as follows:
CHAPTER 17.01
.
PURPOSE AND SCOPE
Sections:
17.01.010 Purpose.
17.01.010 Purpose. This comprehensive Ordinance is adopted for the following
purposes:
.
A. To implement the requirements ofthe State Growth Management Act of 1990
through the goals, policies, and objectives ofthe Port Angeles Comprehensive Plan by dividing the
City into zones restricting and regulating therein the location, construction, reconstruction,
alteration, and use of buildings, structures and land for residential, business, commercial,
manufacturing, public, and other specified uses. (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part),
1/17/92; Ord. 170991 (part), 12/22/70.)
B. To protect the character and maintain the stability of residential, commercial,
manufacturing, and public areas within the City, and to promote the orderly and appropriate
development of such areas. (Ord. 286191 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord.1709
91 (part), 12/22/70)
C. To regulate the intensity of use oflots and parcels ofland, and to determine the
spaces surrounding buildings necessary to provide adequate light, air, privacy, and access to
property: (Ord. 2861 91 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 170991 (part), 12/22/70)
D. To sustain natural landscapes, corridors, and habitats for fish and wildlife and
to provide relief from the urban landscape within the community through the designation of open
space areas. (Ord. 2861 91 (part), 3/17/95)
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E. To limit congestion in the public streets and to protect the public health, safety.
convenience, and general welfare by providing for off-street parking of motor vehicles, the loading
and unloading of commercial vehicles, public transit access, and pedestrian safety. (Ord. 2861 ~ 1
(part), 3/17/95; Ord. 2668 ~ 1 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22/70)
F. To establish building lines and the location of buildings designed for residential,
commercial, manufacturing, public, or other uses within such lines. (Ord. 2861 ~ 1 (part), 3/17/95;
Ord. 2668 ~ 1 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22/70)
G. To prevent the overcrowding ofland and undue concentration of structures and
to preserve existing unusual, unique, and interesting features of the natural landscape so far as is
possible and appropriate in each zone by regulating the use and the bulk of buildings in relation to
the land surrounding them. (Ord. 286191 (part), 3/17/95; Ord. 266891 (part), 1/17/92; Ord. 1709
~ 1 (part), 12/22/70)
H. To provide protection from fire, explosion, noxious fumes, and other hazards and
to maintain the quality oflife in the interest of public health, safety, comfort, and general welfare
by establishing minimum level of service standards throughout the City. (Ord. 2861 ~ 1 (part),
3/17/95; Ord. 2668 ~ 1 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22/70)
I. To prevent such additions to, and alteration or remodeling of, existing buildings
or structures as would not comply with the restrictions and limitations imposed hereunder. (Ord.
2861 ~ 1 (part), 3/17/95; Ord. 2668 91 (part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22/70)
J. To prohibit uses, buildings, or structures which are incompatible with the
character ofthe permitted uses within specified zones. (Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2668 ~ 1
(part), 1/17/92; Ord. 1709 ~ 1 (part), 12/22/70) . .
K. To conserve the taxable value ofland and buildings throughout the City. (Ord.
2861 ~1 (part), 3/17/95; Ord. 2668 ~1 (part), 1/17/92; Ord. 1709 ~1 (part), 12/22/70)
L. To encourage the preservation of historic or culturally significant sites and
structures throughout the City. (Ord. 2861 ~1 (part), 3/17/95)
M. To define and to limit the powers and duties of the administrative officers and
bodies as provided herein and to protect the private property rights of landowners from arbitrary,
capricious, and discriminatory actions. (Ord. 2861 S 1 (part), 3/17/95; Ord. 2668 S 1 (part), 1/17/92;
Ord. 1709 91 (part), 12/22/70)
N. To improve the variety, quality, availability, and affordability of the housing
opportunities in the City. (Ord. 2861 ~ I (part), 3/17/95)
O. To avoid or mitigate significant adverse impacts such as hazardous mat6erials.
air and water pollution. noise. traffic. outside storage. large structures. and public safety problems
which can be associated with specific land uses and thereby reduce conflicts between adiacent land
uses.
P. To identify what development should take place in each zone to accomplish the
desired urban design as defined by the City's land use planning policies and regulations.
Qe. Zoning Intentions:
1. RS-7 Zone - This is a low density residential zone intended to create and
preserve urban single family residential neighborhoods consisting of predominantly single family
homes on standard Townsite-size lots. Uses which are compatible with and functionally related to
a single family residential environment may also be located in this zone. Because of land use
impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and.
then only conditionally. This zone provides the basic urban land use pattern for the City's single
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family residential neighborhoods. following a standard rectangular street grid system of 60-foot
rights-of-way for local access streets and 300-foot by 500-foot blocks with 50-foot by 140-foot lots
and usually located in areas that are largely developed and closer to the center of the City. (Ord.
2861 ~l (part), 3/17/95; Ord. 2668 ~1 (part), 1/17/92; Ord. 2385 ~1 (part), 5/18/86; Ord. 1709 ~1
(part), 12/22170)
2. RS-9 Zone - This is a low density residential zone intended to create and
preserve urban single family residential neighborhoods consisting of predominantly single family
homes on larger than standard Townsite-size lots. Uses that are compatible with and functionally
related to a single family residential environment may be located in this zone. Because of land use
impacts associated with nonresidential uses. few nonresidential uses are allowed in this zone and
then only conditionally. This zone provides for a variety in the urban land use pattern for the
City's single family residential neighborhoods. following a curvilinear street system of non through
public and private streets with irregular shaped lots. minimum 75-foot front lot lines. and 60-foot
rights-of-way for collector arterial streets in large rectangular blocks and usually located in
outlying areas with large tracts of vacant buildable land.(Ord. 2861 ~ 1 (part), 3/17/95; Ord. 2668
~ 1 (part), 1/17/92; Ord. 2385 ~ 1 (part), 5/18/86; Ord. 1709 ~ 1 (part), 12/22170)
3.. RTP Zone - This is a medium density residential zone intended for
mobile home occupancies, and the area is regarded as essentially residential in character. Few
nonresidential uses are allowed in this zone and then only conditionally. because of land use
impacts associated with nonresidential uses. This zone provides the basic urban land use pattern
for the City's small lot. single family. mobile home parks. following an irregular urban land use
pattern of private access roads and minimum 3500 square foot lots. (Ord. 2861 ~1 (part), 3/17/95;
Ord. 2715 ~1, 10/16/92; Ord. 2668 ~l (part), 1/17/92; Ord. 1709 ~1 (part), 12/22170))
4. RMD Zone - This is a medium density residential zone, which allows a
mix of single family, duplexes and apartments at a density greater than single family neighborhoods
but less than the RHD Zone. The permitted uses in the RMD Zone are also intended to be more
restrictive than the RHD Zone. Commercial uses are not considered to be ~ompatible. Few
nonresidential uses are allowed in this zone and then only conditionally. because of land use
impacts associated with nonresidential uses. This zone provides for a variety in the urban land use
pattern for the City's lower density multi-family residential neighborhoods (at twice the density
of the City's basic single family residential neighborhoods) with direct access on an arterial street.
usually located in outlying areas with large tracts of vacant buildable land. and serving as a
transitional use between low density residential uses and commercial/industrial uses. (Ord.2861
~l (part), 3/17/95; Ord. 2715 ~l, 10/16/92)
5. RHD Zone - This is a high density residential zone for multi-family
structures. Compatible uses may be allowed on Conditional Use Permits, but the zone is still
regarded as a residential area, where commercial enterprises are not generally felt to be compatible.
Few nonresidential uses are allowed in this zone and then only conditionally. because of land use
impacts associated with nonresidential uses. This zone provides the basic urban land use pattern
for the City's higher density multi-family residential neighborhoods (at seven times the density of
the City's basic single family residential neighborhoods). following a standard rectangular street
grid system of 60-foot rights-of-way for local access streets and 300-foot by 500-foot blocks and
usually located in areas that are largely developed and closer to the center of the City. (Ord.2861
~l (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 1709 ~l (part),
12/22170)
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6. PRD Overlay Zone - This overlay zone is to provide alternative zonin.
regulations which permit and encourage design flexibility, conservation and protection of natural
critical areas, and innovation in residential developments to those regulations found in the underlying
zone. It is intended that a Planned Residential Development will result in a residential environment
of higher quality than traditionallot-by-lot development by use of a design process which includes
within the site design all the components of a residential neighborhood, such as open space,
circulation, building types, and natural features, in a manner consonant with the public health, safety,
and welfare. It is also intended that a Planned Residential Development may combine a number of
land use decisions such as conditional use permits, rezones, and subdivisions into a single project
review process to encourage timely public hearings and decisions and to provide for more open space
and transitional housing densities than is required or may be permitted between single family and
multi- family zones. The consolidation of permit reviews does not exempt applicant( s) from meeting
the regulations and submitting the fees and applications normally required for the underlying permit
processes. Few nonresidential uses are allowed in this overlay zone and then only conditionally.
because of land use impacts associated with nonresidential uses. This overlay zone provides for
the opportunity to create self-contained residential neighborhoods with a variety of housing choices
without following a standard system of public streets and lot design and with allowances for mixed
use. residential and commercial developments not usually permitted in residential zones. (Ord. 2861
~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2657 ~1 (part), 12/13/91; Ord. 2038 ~1 (part),
7/29/79)
7. CO Zone - This is a commercial zone intended for those business, office,
administrative, or professional uses which do not involve the retail sale of goods, but rather provide.
a service to clients, the provision of which does not create high traffic volumes, involve extended
hours of operation, or contain impacts that would be detrimental to adjacent residential areas.
Commercial uses that are largely devoid of any impacts detrimental to single family residential uses
are allowed. This zone provides the basic urban land use pattern for small lot. transitional uses
between residential neighborhoods and commercial districts with direct access on an arterial street
and design standards compatible with residential development. (Ord. 2861 ~ 1 (part), 3/17/95; Ord.
271591, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2109 92, 12/7/80)
8. CN Zone - This is a commercial zone intended to create and preserve
areas for businesses which are of the type providing the goods and services for the day-to-day needs
ofthe surrounding residential neighborhoods. Businesses in this zone shall occur on sites no larger
than one acre and shall be located and designed to encourage both pedestrian and vehicular access
and to be compatible with adjacent residential neighborhoods. Commercial uses that are largely
devoid of any impacts detrimental to multiple family residential uses are allowed: gasoline service
islands are conditionally permitted uses. This zone provides for a variety in the urban land use
pattern for small commercial districts serving individual residential neighborhoods with direct
access on an arterial street and design standards compatible with residential development. (Ord.
2861 91 (part), 3/17/95; Ord. 2715 ~ I, 10/16/92; Ord. 266891 (part), 1/17/92; Ord. 2553 1,12/2/89)
9. CSD Zone - This is a commercial zone oriented primarily to those
businesses serving the daily needs of the surrounding residential neighborhoods but is slightly less
restrictive than the eN zone and as such provides a transition area fro~ the most restrictive
commercial zones to those of lesser restrictions. Businesses in this zone may occur on sites of
varying sizes and shall be located at the intersections of arterial streets of sufficient size to satisfy .
traffic demand and at the boundaries of neighborhoods so that more than one neighborhood may be
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served. Commercial uses that are largely devoid of any impacts detrimental to the environment are
allowed. Service stations with petroleum products are permitted uses. This zone provides the
basic urban land use pattern for large lot. commercial uses serving much of the City with direct
access on an arterial street and design standards for greater automobile and truck traffic. (Ord.
2861 ~ 1 (part), 3/17/95; Ord. 2797 ~2, 2/11/94, Ord. 2715 ~ 1, 10/16/92; Ord. 2668 ~ 1 (part),
1/17/92; Ord. 1709 ~ 1 (part), 12/22170)
10. CA Zone - This is a commercial zone intended to create and preserve
areas for business serving the entire City and needing an arterial location because of the nature of
the business or intensity of traffic generated by the business. Commercial uses that are largely
devoid of any impacts detrimental to the environment are allowed. Service stations with petroleum
products and dry cleaning shops with hazardous materials are permitted uses. This zone provides
the basic urban land use pattern for automobile oriented. commercial uses with direct access on
a principal arterial street and design standards for greater automobile and truck traffic. (Ord.2861
~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2293 ~1 (part),
4/4/84)
11. CBD Zone - This is a commercial zone intended to strengthen and
preserve the area commonly known as the Downtown for major retail, service, financial, and other
commercial operations that serve the entire community, the regional market, and tourists. It is
further the purpose of this zone to establish standards to improve pedestrian access and amenities
and to increase public enjoyment of the shoreline. Commercial uses that are largely devoid of any
impacts detrimental to the environment are allowed. Gasoline service islands and marine fueling
stations are conditionally permitted uses. This zone provides the basic urban land use pattern for
high density. pedestrian oriented. commercial uses located in the center of the City with direct
access to mass transit services. design standards for compatible commercial development. and
support for public parking and business improvements. (Ord. 2861 ~l (part), 3/17/95; Ord. 2715
~ 1, 10/16/92; Ord. 2668 ~ 1 (part), 1/17/92; Ord. 2303 ~ 1 (part), 7/4/84; Ord. 1709 ~ 1 (part),
12/22/70)
12. IP Zone - This is an industrial zone intended to create and preserve areas
for office, commercial, and industrial uses devoid of exterior nuisances in a planned, park-like
setting. While industrial and commercial uses that are devoid of any impacts detrimental to the
environment are allowed. vehicle service stations with petroleum products and entertainment
businesses with adult-only activities are also permitted uses. and a variety of maintenance and
repair shops with hazardous materials are also conditionally permitted uses. This zone provides
for a variety in the urban land use pattern for mixed industrial and commercial uses with direct
access on an arterial street. design standards for high density. pedestrian oriented. mixed uses
located adiacent to maior transportation facilities. design standards for compatible mixed industrial
and commercial development. and support for private parking and business improvements. (Ord.
2861 ~1 (part), 3/17/95)
13. IL Zone - This is an industrial zone intended to create and preserve areas
for industrial uses which are largely devoid of exterior nuisances in close proximity to airports and
highways. While industrial and commercial uses that are largely devoid of any impacts detrimental
to the environment are allowed. vehicle service stations with petroleum products and entertainment
businesses with adult-only activities are also permitted uses. and a variety of maintenance and
repair shops with hazardous materials are also conditionally permitted uses. This zone provides
.
.
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the basic urban land use attern for Ii ht industrial uses with direct access on an arterial street
design standards for greater truck traffic. and buffers for nonindustrial uses. (Ord. 2861 ~ 1 (part),
3/17/95; Ord. 2715 ~l, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2329 ~1 (part), 3/11/85)
14. IH Zone - This is the least restrictive industrial zone intended to be the
area in which heavy industry could develop causing the least impact on other land uses. Significant
adverse impacts can be expected from permitted industrial uses that involve hazardous materials.
noise. air and water pollution. shift work around the clock. entertainment businesses with adult-
only activities. and outside storage yards and manufacturing activities. This zone provides the
basic urban land use pattern for heavy industrial uses with direct access to maior transportation
facilities. design standards for greater truck traffic. and buffers for nonindustrial uses unless
deemed impractical. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part),
1/17/92; Ord. 1709 ~ 1 (part), 12/22/70)
15. PBP Zone - A zoning designation for publicly-owned property, or
property less suitable for dev~lopment by reason of its topography, geology, or some unusual
condition or situation. Much of the land so designated may best be left as "green belts". Except
for low density private residential uses. permitted uses are mostly public utilities and large civic
facilities. This zone provides the basic urban land use pattern for public facilities. open space. and
environmentally sensitive areas where public interests are directly involved and with allowances
for very low density private residential use. subject to environmental impact mitigation. (Ord.
2861 ~ 1 (part), 3/17/95; Ord. 2715 ~ 1, 10/16/92; Ord. 2668 ~ 1 (part), 1/17/92; Ord. 1709 g 1 (part),
12/22/70)
16. FL Zone - A zoning designation for privately-owned property not.
intended for future conversion to urban development, much of which property may best be used for
commercial timber production. This zone provides the basic nonurban land use pattern for natural
resource uses. subiect to environmental impact mitigation if converted to urban development.
(Ord. 3111 ~3, 3/15/2002)
17. Home Occupation Conditional Use - The purpose of this Chapter is to
ensure that an occupation or business undertaken within a dwelling unit located in a residential use
district is incidental and subordinate to the primary use and is compatible with the residential
character of the neighborhood. This special use permit provides allowances for business activities
taking place within a residential use. (Ord. 3111 ~3, 3/15/2002; Ord. 2948 ~5 (part) 2/14/97; Ord.
2861 ~1 (part), 3/17/95; Ord. 2715 ~I, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2103 ~2,
10/18/80)
18. Bed and Breakfast Conditional Use - The purpose of this Chapter is to
ensure that a bed and breakfast is compatible with its surrounding properties, and when located in
a residential neighborhood, to preserve the residential character of the neighborhood and the
surrounding residences. This special use provides procedures and regulations for business activities
taking place within a residential use. (Ord. 3111 ~3, 3/15/2002; Ord. 2948 ~5 (part) 2/14/97; Ord.
2861 ~l (part), 3/17/95; Ord. 2715 ~I, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2483 ~1 (part),
3/23/88)
19. Adult Entertainment Conditional Use - The purpose of this Chapter is to
ensure that adult entertainment businesses are appropriately located and operated within the City of
Port Angeles, are compatible with uses allowed within the City, and are conducive to the public
health, safety, and welfare. This conditional use provides procedures and regulations for specific.
adult-only business activities. (Ord. 3111 ~3, 3/15/2002; Ord. 2948 ~5 (part) 2/14/97; Ord. 2861
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~1 (part), 3/17/95; Ord. 2715 ~1, 10/16/92; Ord. 2668 ~1 (part), 1/17/92; Ord. 2511 ~1, 10/4/88)
20. Retail Stand Conditional Use - The purpose ofthis Chapter is to ensure
that retail stands are appropriately located in the commercial and public building areas, are
compatible with the uses allowed in such areas, are conducive to the public health, safety, and
welfare, and promote the diversity of retail stand activity. This special use provides procedures and
regulations for mobile business activities taking place outside a building or on public property.
(Ord. 3111 ~3, 3/15/2002; Ord. 2948 ~5 (part) 2/14/97; Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~1,
10/16/92; Ord. 2668 ~ 1 (part), 1/17/92; Ord. 2070 ~ I (part), 3/29/80)
21. Wrecking Yard Conditional Use - The purpose of this Chapter is to
ensure that licensed wrecking yards are appropriately located, are compatible with uses allowed
within the City, and are conducive to the public health, safety, and welfare. This conditional use
provides procedures and regulations for specific business activities. (Ord. 3111 ~3, 3/15/2002;Ord.
2948 ~5 (part) 2/14/97; Ord. 2861 ~1 (part), 3/17/95)
Section 2. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 17.08.095 to read as follows:
17.08.095 - "s"
A. Service Station - an establishment which provides for the servicing of motor
vehicles and operations incidental thereto, limited to the retail sale of petroleum
products and automobile accessories; automobile washing (not including auto laundry); waxing and
polishing of automobiles; tire changing and repair (not including recapping); battery service,
charging, and replacement (not including repair and rebuilding); radiator cleaning and flushing (not
including steam cleaning and repair); installation of accessories; and the following operations if
conducted wholly within a building: lubrication of motor vehicles, brake servicing, wheel balancing,
tire testing, and replacement of carburetors, coils, condensers, fan belts, wiring, water hoses, and
similar parts. (Ord. 2652 ~ 1 (part), 9/27/91; Ord. 1709 ~ 1 (part), 12/22/70)
B. Setback - the required minimum distance between any lot line and any structure
or building. (Ord. 2666 ~ 1 (part), 1/17/92)
C. Sign - Any letters, figures, design symbol, trademark, or device intended to
attract attention to any activity, service, place, subject, person, firm, corporation, public performance,
article, machine, or merchandise, and including display surfaces and supporting structures thereof.
(Ord. 3007 ~5 (part), 1/15/99)
D. Sign, Advertising - a sign which directs attention to a business, commodity,
service or entertainment conducted, sold, or offered elsewhere than upon the premises on which such
sign is located or to which it is affixed. (Ord. 3007 ~5 (part), 1/15/99; Ord. 2666 ~ 1 (part), 1/17/92;
Ord. 1709 ~ 1 (part), 12/22/70)
E. Sign, Area - the area of a sign shall be the sum of each display surface including
both sides of a double-faced sign, as determined by circumscribing the exterior limits on the mass
of each display erected on one sign structure with a circle, triangle, or quadrangle connecting all
extreme points. Where a sign is composed of two or more individual letters mounted directly on a
wall, the total display surface, including its background, shall be considered one sign for purposes
of calculating sign area. The structure supporting a sign is not included in determining the area of
the sign, unless the structure is designed in a way to form an integral part ofthe display. (Ord. 3007
~5 (part), 1/15/99; Ord. 2948 ~5 (part), 2/14/97)
F. Sign, Attached - a sign or billboard, lighted or unlighted, directly attached to,
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supported by, and no more than 2 feet distance from, a building. (Ord. 3007 95 (part), 1/15/99; orde
294895 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 170991 (part), 12/22170)
G. Sign, Billboard - an outdoor advertising display, structure or sign, over 250
square feet in area, attached or detached, lighted or unlighted. (Ord. 3007 95 (part), 1/15/99; Ord.
294895 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 170991 (part), 12/22170)
H. Sign, Business - a sign which directs attention to a business or profession
conducted, or to a commodity, service, or entertainment sold or offered, upon the premises on which
such sign is located or to which it is affixed. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part),
2/14/97; Ord. 266691 (part), 1/17/92; Ord. 170991 (part), 12/22170)
I. Sign, Detached - a sign or billboard, lighted or unlighted, which is separated
from and not a part of a building. A sign or billboard on the top of and more than two feet in
distance from a building shall be considered a detached sign. (Ord. 3007 95 (part), 1/15/99; Ord.
2948 95 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22170)
J. Sign, Flashing - a sign which is illuminated by artificial light which is not
maintained stationary or constant in intensity and color at all times when such sign is in use. For the
purpose of this Zoning Code, a revolving illuminated sign shall also be considered a flashing sign.
(Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 266691 (part), 1/17/92; Ord. 1709
91 (part), 12/22170)
K. Sign, Official Traffic, Directional, or Warning - a sign that is erected by a public
authority to protect the health, safety and welfare ofthe public. (Ord. 3007 95 (part), 1/15/99; Ord.
2948 95 (part), 2/14/97; Ord. 2666 91 (part), 1/17/92; Ord. 1709 91 (part), 12/22170)
L. Sign, Temporary - a sign constructed of cloth, canvas, cardboard, wallboard, or
other lightweight material, intended to be displayed for a limited period oftime, not to exceed thirty
(30) days within a single calendar year, typically advertising a one-time event, unless otherwise
specified. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 266691 (part), 1/17/92;.
Ord. 1709 91 (part), 12/22170)
M. Single Family Residence - one detached dwelling on an individual lot for
occupancy by one family. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97; Ord. 2796
95, 2/11/94)
N. Special Use Permit - a limited permission to locate a particular use at a
particular location. which limited permission is required to modify the controls stipulated by these
Regulations in such degree as to assure that the particular use shall not prove detrimental to
surrounding properties. shall not be in conflict with the Comprehensive Plan. and shall not be
contrary to the public interest.
O. Special Use - an administrative conditional use permitted in a zone. but which
requires a special degree of control to make such use consistent and compatible with other existing
or permissible uses in the same zone.
,fN. Stable, Private Horse - a detached accessory building in which only the horses
owned by the occupants of the premises are kept, and in which no horses are kept for hire,
remuneration, or sale. (Ord. 3053 91 (part), 6/16/2001; Ord. 3007 95 (part), 1/15/99; Ord. 2948 95
(part), 2/14/97; Ord. 279695,2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 170991 (part), 12/22170)
Q6. Stand - a structure for the display and sale of products, with no space for
customers within the structure itself. (Ord. 3007 95 (part), 1/15/99; Ord. 2948 95 (part), 2/14/97;
Ord. 279695,2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 170991 (part), 12/22170)
RP. Stealth - relating to siting strategies and technological innovations designed to
enhance compatibility with adjacent land uses by designing structures to resemble other features in
the surrounding environment. "Stealth" techniques include architecturally screened roof-mounted
antennas, antennas integrated into architectural elements, and towers designed to resemble light
poles, power poles, flag poles, street standards, steeples, or trees, etc. (Ord. 3089 92 (part),.
6/29/2001)
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s.~. Story - the space between the floor and the ceiling above said floor. A basement
shall be considered a story when more than half of the basement height is above the finished lot
grade. (Ord. 3089 ~2 (part), 6/29/2001; Ord. 3007 ~5 (part), 1/15/99; Ord. 2948 ~5 (part), 2/14/97;
Ord. 2796 ~5, 2/11/94; Ord. 2652 ~1 (part), 9/27/91; Ord. 170991 (part), 12/22/70)
.
IR. Street - a public right-of-way which affords a primary means of access to
abutting property. (Ord. 3089 ~2 (part), 6/29/2001; Ord. 3007 95 (part), 1/15/99; Ord. 2948 ~5
(part), 2/14/97; Ord. 2796 95, 2/11/94; Ord. 2652 ~1 (part), 9/27/91; Ord. 1709 ~1 (part), 12/22/70)
US; Street Right-of-Way Line - the boundary line between a street and abutting
property. (Ord. 3089 92 (part), 6/29/2001; Ord. 3007 ~5 (part), 1/15/99; Ord. 2948 ~5 (part),
2/14/97; Ord. 2796 ~5, 2/11/94; Ord. 2652 91 (part), 9/27/91; Ord. 1709 ~ 1 (part), 12/22/70)
VT. Structure - anything constructed in the ground, or anything erected which
requires location on the ground or water, or is attached to something having location on or in the
ground or water, but not including fences or walls used as fences six feet or less in height. (Ord.
3089 ~2 (part), 6/29/2001; Ord. 3007 95 (part), 1/15/99; Ord. 2948 ~5 (part), 2/14/97; Ord. 2796 95,
2/11/94; Ord. 2652 ~1 (part), 9/27/91; Ord. 170991 (part), 12/22/70)
WH. Structural Alteration - any change, other than incidental repairs, which would
prolong the life ofthe supporting members of a building, such as bearing walls, columns, beams, or
girders. (Ord. 3089 ~2 (part), 6/29/2001; Ord. 3007 ~5 (part), 1/15/99; Ord. 2948 ~5 (part), 2/14/97;
Ord. 2796 95,2/11/94; Ord. 2652 ~1 (part), 9/27/91; Ord. 170991 (part), 12/22/70)
XV. Subordinate -less important than and secondary to a primary object, usually in
these Zoning Regulations referring to an accessory use. (Ord. 3089 92 (part), 6/29/2001; Ord. 3007
~5 (part), 1/15/99; Ord. 2948 ~5 (part), 2/14/97; Ord. 2921 92,6/28/96; Ord. 2861 ~ 1 (part), 3/17/95)
YW. Supermarket - a grocery store on a site larger than one acre and with multiple
retail departments such as drugs, photo, video, deli, flowers, seafood, bakery, etc. (Ord. 3089 ~2
(part), 6/29/2001; Ord. 3007 95 (part), 1/15/99; Ord. 294895 (part), 2/14/97; Ord. 2861 ~1 (part),
3/17/95)
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provision of the Ordinance to other persons or circumstances, is not affected.
Section 4 - Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
.
- 9 -
243
...~ j,
PASSED by the City Council of the City of Port Angeles at a regular meeting of said .
Council held on the day of July, 2002.
ATTEST:
MAYOR
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: .
By Summary
F:\ORDINANCES&RESOLUTIONSI2002.16 ord wpd
June 18,2002
.
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DATE:
To:
FROM:
SUBJECT:
~
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~ORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
June 17,2002
MAYOR WIGGINS AND CITY COUNCIL
Brad Collins, Community Development Director ~
J
MUNICIPAL CODE AMENDMENTS MCA Q 1-02B
Summary: In 2001, the City Council appointed a Citizen Code Advisory Committee (CCAC)
of representatives from community interests related to development. They were asked to review
the language in the Municipal Code to make it more user-friendly and understandable by the
public. The CCAC suggestions were made into proposed amendments, which have been
reviewed by the Planning Commission at a number of public hearings. Some of the amendments,
particularly in the Sign Code, continue to be, issues, which the City Council will need to resolve.
.
Recommendation: Department of Community Development recommends that the City
Council conduct a public hearing on Municipal Code Amendments MCA 01-02B and continue ~
the hearing to the regular City Council meeting of July 16,2002, at 7:00 pm in the City Council
Chambers. .
Background I Analysis:
The Planning Commission review has reviewed all the suggested changes, and a near
consensus with the Citizen Code Advisory Committee/staff recommendations has been achieved.
SECTION 14.01.090 - CONSTRUCTION CODE BOARD OF APPEALS:
CCAC Suggestion:
There needs to be a better explanation of why some interpretations are not appealable.
Sections A, C, and H describe appealable issues, limitations of authority, and scope of
Board's review. The Committee did not offer any specific language amendments, but the
Planning Commission should review how to gain code compliance through positive, service
oriented mission as opposed to an inflexible, strict interpretation bureaucratic process.
Staff Proposal:
Ap.vealable Issues. This Section shall govern appeals of orders, decisions, or determinations,
made by the Building Official, Fire Chief, Electrical Inspector, their designees, or any
enforcement officer as defined in PAMC 14.01.060, in the application and inteq>retation of
the construction codes of the City of Port Angeles regarding the suitability of alternative
materials and methods of construction Mid the application and intclplctlrtion ofthc
245 " ~;j'
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MeA 01-02B
June 17,2002
Page 2
constItletiol1 codes ofthc Crt, of . Port Angelcs and any other building regulations or codes .
as may be designated by ordinance.
Planning Commission Recommendation:
Agree with the CCAC suggestion and staff proposal -- no issues, minor editing changes.
SECTION 14.03.040(b) - FEES:
CCAC Suggestion:
Adjust the minimum inspection fee to better reflect the cdst of doing the inspection.
Staff Proposal:
Fee will be adjusted at the time of fee review during the budget process.
Planning Commission Recommendation:
Agree with CCAC suggestion and staff proposal.
CHAPTER 14.36 SIGN CODE:
CCAC Suggestion:
Consolidate all the sign regulations into Chapter 14.36 following the language in the
Downtown Sign Code and incorporating the Zoning Code sign regulations for other zones. .
Staff Proposal:
See Attachment B for all the proposed amendments.
Planning Commission Recommendation:
Agree with CCAC suggestion and most of the staff proposal -- issues regarding billboards
size limits (see Clallam County comment letter), prohibited signs including fluttering devices
and mobile signs (see Planning Commission minutes), and requirements for electronically
changing message, temporary commercial event, and A-frame signs (see Attachment B).
SECTION 14.40.030-060 PARKING SPACE REQUIREMENTS:
CCAC Suggestion:
Add requirements for new uses and modify or eliminate requirements for archaic uses.
Staff Proposal:
See Attachment C for all the proposed amendments.
Planning Commission Recommendation:
Agree with CCAC suggestion and most of the staff proposal -- issues regarding institutions
like hospitals and colleges, minimum parking requirements for certain uses or number of .
employees, and archaic uses (see Planning Commission minutes).
246
MeA 01-02B
June 17,2002
Page 3
. SECTION 15.04.030 CRITICAL AREAS:
CCAC Suggestion:
Consider streamlining the environmental review procedures to eliminate duplication but
maintain public notice and comment opportunities.
.
.
Staff Proposal:
Follow environmental review reform implemented successfully by other jurisdictions.
Planning Commission Recommendation:
Agree with CCAC suggestion and staff proposal -- no issues, do not make changes at this
time since other jurisdictions have not fully implemented environmental review reforms.
CHAPTERS 16.04 AND 16.08 SHORT PLAT SUBDIVISIONS AND SUBDIVISIONS:
CCAC Suggestion:
Clarify regulations and standardized street improvement requirements.
Staff Proposal:
See Attachment D for all the proposed amendments.
Planning Commission Recommendation:
Agree with CCAC suggestion and staff proposal-- no issues, language clarified and street
standards made consistent (see Attachment D).
TITLE 17 ZONING CODE:
CCAC Suggestion:
Clarify and emphasize what development is desired in each zone.
Staff Proposal:
See Attachment E for all the proposed amendments.
Planning Commission Recommendation:
Agree with CCAC suggestion and staffproposal-- no issues, zone intentions clarified (see
Attachment E)
Attachments: Attachment B Sign Code Amendments
Attachment C Parking Requirement Amendments
Attachment D Subdivision Ordinances Amendments
Attachment E Zoning Code Amendments
,,,,247
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:>;{.': '
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.
..............
, -
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248
.
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
CITY MANAGER'S CALENDAR / REPORT
July 16, 2002
PlRA No-Host Dinner with Japanese delegation
Planning Commission Meeting
Chinese student visitors to tour City Hall with Mayor
Utility Advisory Committee Special Meeting - Flberoptlcs
Tuesday, July 16 6:00 p.m.
Wednesday, July 17 2:00 p.m.
Thursday, July 18 7:00 p.m.
Monday, July 22 7:30 a.m.
Tuesday, July 23 3:00 p.m.
Wednesday, July 24 7:00 p.m.
Wednesday, July 24 7:00 p.m.
Tuesday, July 30 2:00 p.m.
Tuesday, July 30 2:00 p.m.
City Council Meeting
Chinese deans & professors group to tour City Hall with Mayor
Parks, Recreation, and Beautification Commission Meeting
Downtown Forward Executive Committee Meeting
Utility Advisory Committee Special Meeting - Stormwater
City Council Meeting
Tuesday, August 6 6:00 p.m.
Tuesday, August 13 3:00 p.m.
Tuesday, August 13 4:00 p.m.
Wednesday, August 14 7:00 p.m.
Thursday, August 15 7:00 p.m.
Tuesday, August 20 6:00 p.m.
City Council Meeting
Utility Advisory Committee Meeting
Real Estate Committee Meeting
Planning Commission Meeting
Parks, Recreation, and Beautification Commission Meeting
.
G:\CNCLPKT\CTYMGR\CMREPT\2002\02-0716. wpd
249
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.
.
250
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CITY OF
r o~ RT-"'P;.NGELE' S
I_~~ ~ } -- _!:"' ' ' ~ r _~_; W
I r
0".,
"'.."'"
i'c.
WAS H I N G TON, U. S. A.
UTILITY ADVISORY COMMITTEE MEMO
DATE:
JULY 9,2002
To:
UTILITY ADVISORY COMMITTEE
FROM:
Larry Dunbar, Power Resources Manager
RE:
Institutional Network Implementation Consulting Services - Monthly Status Report
Summary: This is an informational report on Metropolitan Communications Consultants
activities from June 18, 2002 through the end of June 2002. The advisory services include
support with the I-Net fast-track and during construction of the I-Net backbone.
Recommendation: Information only, no action required.
I-Net Fast-Track Advisory Services ($20,000 authorized time & materials budget)
Task Activity Billing
Project Management Support None $0.00
I-Net Service Agreement Development Completed 6/27/02 $4,972.50
Service Agreement Negotiation 6/28/02 conference call $487.50
Total $5,460.00
I N t B kb
b d t)
C
S
($25 000 h' d I
Ad .
- e ac one onstructlOn VISOry ervlces , aut onze ump sum u ge
Task Activity Billing
Project Management Support None $0.00
Plans & Specifications Review Anticipated by 7/30/02 $0.00
Construction Phase Engineering None $0.00
Fiber Testing Observation None $0.00
Final Inspection None $0.00
Total $0.00
N \UAC\Fmal\mccstatusreportl wpd
251
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.
'.
252
.
.
.
FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
JULY 16, 2002
To:
MAYOR WIGGINS ~D yrlY COUNCIL
MARC CONNELL ~ECTOR OF PARKS AND RECREATION
FROM:
SUBJECT:
Tribal Celebration at City Pier/Hollywood Beach
From July 31 through August 2nd the lower Elwha Klallam Tribe will be hosting a welcoming celebration
involving other tribes visiting from Puget Sound and Vancouver Island. Thirty to thirty-five canoes,
some over 30 feet in length arrive Wednesday, July 31 at Hollywood Beach. Upon arrival a welcoming
celebration begins and lasts several days at City Pier which includes song, dance and gift exchange
between the guests and the host tribe. The host tribe will be providing all housing, food and transportation
for the visiting tribes. Corresponding to favorable tides on Friday the guests will leave the harbor from
Hollywood Beach. The lower Elwha Klallam Tribe is currently coordinating event activities through the
Department of Parks and Recreation.
253
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254
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.
FORT ANGELES
WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE:
July 16, 2002
To:
Mayor Wiggins and City Council Members
FROM:
Sue Roberds, Assistant Planner
SUBJECT:
Department of Community Development
Planning Division June, 2002 - Monthly Report
CURRENT PLANNING ApPLICATIONS: CURRENT MONTH YEAR TO DATE 2001 YTD
Rezone 0 5 (Began YTD 9/01)
Mumcipal Code Amendment 0 0
ConditIOnal Use Permit 1 6
Conditional Use Permit ExtenSIOn 0 2
Annexation 0 2
Subdivision 0 1
Short Plat 1 6
Appeal of Short SubdivlSlon DeciSIOn 0 2
Boundary Line Adjustment 1 5
Home OccupatIOn Permit 0 0
Retail Stand PermIt 0 1
Bed and Breakfast Permit 0 1
Variance 1 3
Mmor DeviatIOn 0 0
Street Vacation 0 1
Parkmg Variance 0 0
Shoreline Substantial Development Permit 0 2
Shorelme Exemption 0 1
Wetland Permit 0 0
Environmentally Sens. Areas 0 8
SEP A ENVIRONMENTAL POLICY:
Determinations of NonSlgIuficance 4 19
MItigated Determinations ofNonSlgmficance 0 0
DetermmatIOns of Significance 0 0
DEVELOPMENT REVIEW ApPLICATIONS:
BUIlding Permit 11 48
Code Enforcement 0 1
Cleanng and Gradmg Permit 0 .Q
255 120
.~"""MITI"'''I1r!''\f1~0'''~~;~'i';:'r:'FW'i"::i'''1:.''~f\\'~\''.(!1!''':''';;,~)';!l
~I,\f \~i\~iJI:lll'J: '^ tl)::kl,~"" tft-..t.l ,:f\'il.....~l 1~.,111 l"r! ':l., ~'.f~:v')'c.~
. ~..._~~~J "<"t~Ljt~~;~F'!I-'~,r'J..</i<\,L,~..,,/:~'!I~t"" I ~I<; ~~,..i ,'Pl"~ '~N;)th~
~ ~~~....' ,"l!~,"'f"i~"".."'.Ar.1'''1''''''''\1.,'''''' ,,: 'f '.' '\',.",
h' [ej\j I!li ~ r.. L~ H R' 1"',,'\1 7.J:J.J IV,! l ,,, J :1' \~ \.~ ",,~' .'\',;, ""i;':~'"
';i~~ ~~~;'~1~1"'~~M.............t\).,'.i..."";,,kl:w.S<=ii:l. ,j;f~"~.J'~~.pJ".f
r~Utl_II1~_~
CATEGORY
RESIDENTIAL-NEW
"-"",~"Q~~"~~~,~g~!."" "--"'""---"'" "------ -$91~iO "'''-$3-lss'O-'-' ""-""-'-""'" ,----,- --"'".,,--"- ------.-, --------- --.-"''''--"- "'-"'---"-"'.- -$12:'390-- "-'-$37~1-91-'-"
-,-"' _,,~L~~~!:::"E,~.~~'=X",__" _,____1... -,-- ,-- -g,-.--- ---~_. _._"_~___ _____2.__,,__. _"'"'__~_"'.__"' "''''__,_, ---" "-,---- ____"'_,__ __._"'_. _ __"_,,___" ,,____E___ ______",,!--, "
Value $140,079 $217,135 $518.399 $209.099 $389.697 $538,625 $2,013,034 $1,232,669
.__, ~l!,~!!:E~~.!.!:.Y.____ ___"__,_"__ _"__"___ __",_ .__.___ __"'_"_,_ ______ _____,__._ __"'"""'"'_'_ ________ ___"_ ___ _'_'_____' ___,_ ,__",,_,__",
Value
"____~C9..~~SQB!.~~__.__ ____1...__ ______ _,___ _:2_,_ __.,.1___ "_2___ __,___ ____ "____ _.______'" '"
Value $7, 000 $45,076 $20.000 $38,700
JAN
FEB
MAR
APR
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
2002 YTD
2001 YTD
10 13
--fio,77's -"'"" ---84;600'--"
COMMERCIAL-NEW
" ''''._ __ """~~~~l~__ _'m"."'" ",,_,,_," _'" _, _ " "''''._ _,_
HOTEUMOTEL
--,,-,,- "'"-Va;ue-"'"-""" "---- ""'--- "--"- -..-
OFFICE 1 1 2
"'" ""'" -" 'Vi;;;; ""--", ""''''"" ,,,,,- - ,,- -"'''' '"-$250.000''''''' ....",,"" "-..-. "--..-,-"--,,, ""'"-----, '" """""'-"-- "'-, '" "'-.....--" ,"',,- "'." ."--,,, --. -..-.--, ,..,------."' "'''' """'------ -- -",,-.- --- --$250.000'-' '--S395,iiOii-''''"
""' ..Q.!:!!.~~,I!:I.Q/Q!!'I~r:!Q",___ __u_ ,_""" ""'."'_""_, "___'" _.. _.__""'.."',,__ ""_"''''''''''''_ ,__"'____ ___"'_.. "''''._,'''" __"_'" ___""'___ __,,____" _..__"_,_..__ ,_,___.___"',_. _,,__"___ ._ "___"_"'.
Value
AUTO/SERVICE
_................MM" ....... M "..... ~"_.... ~ ..". M _.. ......_ ._ .... ., M ...."....... .... ___.. ........._..... ......_ .................___. "_"__ _........___... "'__"_' """........"................., .._....__.._.. _______. ..__..........._............ .....__...____... ....... ....._...._,............ ._.........._.__..._
Value
"-,,,"'-,, _~I?l!..~I!.l~~~_",,,,,,, """'''''''---"--'- ..-..'" "-,,-, ""'.--,-"",- ..''''.-'''.-- .".--" -,,-,--..." "'"-..."..--.-. ---_ ___"'_"'_'" ___ "'_"'_'_"'__'__'___" .._"'_"_._"'__ t------- ,,_"'"__"_
Value
1 1
'-'-"""'--" " "$iiij:0i5ir"" ,,-...---.-.. ,,,.m,,,,,,.,,,,,,",,,,,,,,, ,"',"'-.".._'" ".",," -......,,"'."".- "'.-....-.--1---,-, '-..- --...."'..--,,-"'" ....180;000---
"''''''''''----, -."....""'..-- ""''''-'''-''''" --"--" "'-",..- -..------ --"''''.._-- -----, -,-" --- .._._,---,,-
I\)
en
en
PUBLIC - NEW
SCHOOLS/HOSPITALS 1 1
.."......." "Vil~e"- "'---,...... """$2'0,'000 ,,-, "''''-'' m_".., ""'.__.U"'" "-......... -,-, ."'--"'--- --.."-----.., "'. -"-'-'--" ,,,,"'-,---"'. ,--"-- -- -'--"'"", ..-.",...-..--. "'--.-. - "'''" """"'$20;000""-" ,,_"''''_.._____"'''
,___..",.."",f.':!!:l!:lEf'!~e. ""'_""" _"....".1_"'''''''_ ,,""''''_..'''"_ .."'"...._,_.."_ ""'.._" _"_ ,,_ '''___''''''''"_ __"'_"'.. _.._"____ ____,_"'_ ""_"'___" _____"'_, "___"_, ,____"'""_ ____"!-.._ ___.___"'"
Value $12.000 $12,000
,-.___~~~~~~!!9.!L_..__", "--"-"'-,," -"'..-.--- ---.."''''...,,'''''''''r----"- -,---."',,,. --.. -------" "'-."'..----"'"' ----"'- "'"-- - ------"'.'" ,--"------ -"" --'" "''''-s1f.ooo''''''
REPAIR Be ALT.
_""!:-l.~~IP~~!,!'..L.. ,,"_ 37 26 .._.._"'~~=_ -::-:_~"_'''''_, .._,_~~___ -=="'~~_.__" _.._,__"_"'. ____"'__
Value "-iI30:625-" --;85-;-035-' $236,937 $239.418 $347,211 $302,769
COMMERCIAL 11 8 10 11 12 5
-'-----""'ilalue"."'''"'''''''''''...." "'-$54,94j"-'" ""'ii6:720''''" "'-$52,687 $105,557 $657.655"-' 'Si'2'":56iJ --- .,-"
PUBLIC 1 4 2 2 2 3
.--- "''''''-V~~e--"'''''''"-" - "$2so.ooii'"'' ""-$9;442-- ""siiiJ;500"" --"'$5,500- -""$4'5:36'0""" ""s22o,i"52""-'''''"'
DEMOLITION I MOVE 1 1 1 2
-.... ...., ........V~iue......-....._.. .. .. -"$5'00"'''''''' .........$500"...--' .....,-..,,-....... --s1.'5ci(j- ..... ..-- ..-.....$500-...... '''--- ...---........ .......... .........---- "----.----"- "_"'"__'_"_NH ,,"-------
254
-"---"'"- .,,-.----.- ""'-------, --"'---..-- "'-$1:341:99'5'"
57
--."',"'.--"",,,- -----"'" "---""-' ""--"''''-'-'' ...--"'".." ---'" ---i900.;;'5--"
14
. ,,"'.,,'" " - '" "-, - .---.-"" ..--,-"-. -. "--"'- -,",,,,,,,,"",' , ,,,"''''- ,,---."'. -" $646;95'4""-"
5
'".. "-$3~Oiiii--"
231
-$92"6.'93'5"'-
62
'-$'683,492- ..
5
"'$'(i68,575' "
6
-s3:01i'O"''"''
BUILDING 'TOTALS " ", C " " '".,,, I;,," 4':.:,'.:, t .": ' '.~q"" "
,,",","~"~J?~ ps.F:',MrpL." ".-" ''''~~"""'_'''' -"""'.~~__ __~"t'"_~" .:..:...J!L,_.<< ""';',",;:.~~ :-,;" I::_:..~:~L,~, ":..._J!:,",__~,' ,__-9...::...___. _,_Q._" __..9-__ _"_~__ ",""_,"9.",,___..
:..""..Q9~~!:",y"~~y'g","",,,,, __"~~~~,!~!__ "'<<~.!?!!.~"': ~,l~",5!~ j" Sm'990" :",!t!1!!;~.!!.; .~!1,.i!)3.~t " 0'" '" SO SO SO SO SO,
, , . ' ~i,\;:'::, \;"~"'~'" ;::--. ""'''''-,""' ~-"--~-'-'" ""'---,<< --"'-"":",
,:Sl:.DG"PERMITS.FEES8;375 >';'S9;264,,;J, ,iS~5;'23,1?j '!~/.14 ,C'-<:, ');1\ ,'" ",'2'::',::": ", " '\ I,
_._-~~._"...'" "-~~~-" "'.
S5,501,265 $4,941,462
, S70,205 . ,
$71,153
OTHER PERMITS
R/WCONSTR 7 3 3 6 13 14 46 46
'--"'''''"''Re~f;n"ue ."'"'"-""'-",, ""-$I~i55-"'- '-"$320-''''''''' --'"$'135'- --'S"4'7(j-- --ii~255''"-' '"-, $1,440- '-"""-"-'''-'- ,--..--.."'-"''''"" ""-"'''''''-'-'-'''' ---, --"-" '",--.-""- '-s4;775"'-' '--''$4;550--"''''
NEW WATER SERV 5 2 2 5 13 e 35 23
" ----"""Fie~enue".' ",""",.-. . "-i3: 790"'" -' '''""$1:280-'''" -'"''$T.665- --$2.-990'"'" --i;2,210--" ""'"$6.175- "'""---"'"",, ----....--." ._....,,-"-"-, "'"-.- ----" '---"---''''- '-sia:wS'-- -"$17;4'7'0-""
NEW SEWER SERV 6 1 2 4 14 13 40 31
"""-""''''--Re~~-;;';e-'''"'""'''''-" ""-"$i,820"""-' ''''$45'--''' "''''-$84'0-"- si:BiO-' --"'$5.88'0'"-- "'s5;'i9o-""" ...._-,--."'--- ----"..- "'-.-- ,-.----- ."'----" -"'--" ''''"" ''''-$'15;'455''''- --"$';0;&3'0"-"
_".","~9.&~~. ~~~.~."'_... ,_",,,,1JL,,,_,,,:, ""-"'-~,,_,,_" ".:-".!...."'.,;i ~'lL.::i, .::.:::~;~.Q:.::.::C ':::.:,,~~!::;:.:~") :,:'.:::J!~~;,J: ~",,9L,:,,:S :,"':~_J!""_'-,,,:', ~._L__ 0
, . OTHER' PERMIT REV, I . '$6,765 ',,' S1;645"r '-" $2;640:: "4' ~f:!S5;1'4G,;t!-:., "~llJ11J,~:I"l\' ~r,bS12;8~)~t'~ ?f~~$O'A'fj,";' i1,",~;'!:::SO',:; ,':'-' ;l;!:'f ':$D; .M",>:' '(> , ~$o-: ,"," '; ", 'SO
. , 0 ., 121 100
.; -riil-'7; '-$4i;3'3S.m;::f :-""'si2"i5o'""7
.
Applied 77
Issued 72
. Complete
CITY OF PORT ANGELES
PUBLIC WORKS & UTILITY DEPARTMENT
MONTHLY REPORT
JUNE 2002
WATER DEMAND
~--
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C I
en I
z L
gUll
...JZ ~
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C) ,
~
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,
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SEP
NOV
MAR
....V
FEe
OCT
DEe
APR JUN
AUG
o 2001 . 2002
AVERAGE DAILY WATER DEMAND
,
IlAST YEAR TO DATE (MGl
iTHIS YEAR TO DATE (MGI
283)
~
SEWERlSTORM SYSTEM MAINTENANCE
!SEWER SYSTEM JETTED
I STORM DRAINS JETTED
!SYSTEM TV INSPECTED
MONTH (FT) ~
72531 34437i
0: 6701
01 21361
1 TOTAL LANDFill DISPOSAL]
'=n
.~
LANDFILL ANNUAL TONS
THIS VR TO OA TE (lONS)
lAST YR TO DATE (TONS)
21,758
21,3091
.
257
RAINFALL
[
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1
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Z
~
,
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D 2001 _ 2002 - 10 Year Average
RAINFALL DATA (inches)
110 YR Ava TOTAl TO OATE
ITHIS YR TO DATE
,RECORD HIGH THIS MONTH
IRECORD lOW THIS MONTH
AVERAGE ELECTRICAL USE
IlAST YEAR TO DATE (M Kwfl) I 56 0229!
I THIS YEAR TO DATE eM Kwh) I 54 0.50 I
12481
21011
33.1
0011
TEMPERATURE
I
ni-
I
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PUBLIC WORKS & UTILITY DEPARTMENT ~
MONTHL Y REPORT ~~;/
JUNE 2002 't'~SA\IO
I WATER I i SOLID WASTE I
I
RECYCLING
Changed out 6 water meters Recycle party at Hamilton School
Renewecl 2 water services Presentation to SWAC
Repaired 11 water service leaks
Installed 5 water services
Repaired 1 t'NO Inch water main break COLLECTIONS
Replaced 1 Inch copper line WIth 2" PVC Total 90s placed for ronverslon 2100
Installed 6 Inch Hot Tap for Cresent Water Dlstnct Requests for recyllng services In conversIOn area 350
Continued bUilding meter vault at Jefferson School SpecIal collections due to conversion 20
All crew members attended -Diversity Training- Special CollectiOns 95
I WASTEWATER COLLECTION I I STREET ~
I
AlC repair utility cuts at 727 Carohne and 4/5 alley east of K
Cleaned catch basins on Hwy 101 forWSDOT WIth "Vactor" truck Lay BOlt x 60ft pad at Landfill for yard waste
Restoration of slide area at Rayomer Mill site completed Pour SIdewalk on east Side of Lincoln between 4th and 5th
Continued pump station wet well maintenance Pour 40ft of curb at 16th and B
Performed preventative maintenance on alanns at pump stations Pour 60ft of curb at 229 Wtlldbey
Crew members attended -Diversity Training- Remove trees and seal Sidewalk at Laurel between First and Front
Weedeat, clean, and spray herbiCides on 8th and 5th street bndges
Sweep artenal and residential streets
Clear tree over roadway at 715 West 5th
i WASTEWATER TREATMENT I General maintenance and restoration at pool
I
NPDES monthly report showed no VIolations BUild vault for water meters at 14th and Chase
WoJ1(ed WIth local dIschargers on pretreatment ISSUes General sign maintenance
Petformed process control on secondary treatment system ASSist WIth road closures for Farmers Market every Wednesday
Attended PNPCA operator's meeting on blosohds ISSUes Monthly safety meeting
Rebuilt the cyclone degntter Diversity tramlng
Installed access hatch on wet well to facilItate Inspection and cleamng
Installed access stanway and handrails on secondary bUilding
Land applied biosohds ! ENGINEERING I
FranciS Street Pari<. completed
i EQUIPMENT SERVICES i Crown Park design support
I I
Work Orders 125 CircuIt SWltcher design contract support
SeMce Orders 18 Elwha Dam removal mitigation support
#0008 Fire Pumper - New fuel tank and shut off valve I & I Pilot Program support
#1561 InternatIOnal dump truck - New hydraulic cyhnder gnnd and mount Gateway Project design support
#1581 International dump truck - New filter and seal 2002 PaVIng bids opened
#1731 Chev Pickup - Tune up Laurel Street Slide Repair support
#1757 Back..hoeILoader - Install new dnve hne and 011 pan SCADA Phase II completed
#1907 Refuse Packer" Repair hopper and steenng boot Waterfront Trail Rayomer to Lee s Creek desIgn support
#1915 Compactor" SeMce SIgnal desIgn 5th and Race
#1917 Loader - Repair fuel throttle cooling system, and transmiSSIOn Centennial Trail through Rayonler Mill guarded
#1921 Refuse Packer - Repair brakes Black Diamond Reservoir Cover constructIOn completed
#1945 Ford Ranger. New vehIcle prep Carnegie library bids opened
Stormwater Management support
, LIGHT OPERATIONS Compost Facilities construction support
Tested 12 meters Del GUZZI SUbdiViSion support
RebUilt feeder hne along East 3rd from EnniS to Penn Fire Hall roof repair support
Tnmmed trees for DSL path Front Street sidewalk completed
Repaired outage. truck 'IS pole Laundsen Blvd Sidewalk design
-I- Street Sidewalk design
- Warehouse Mezzanine contrad support
2002 Electnc Design Contract support
Peabody Reservoir Cover bids opened
Pump Station #2. 5 & 6 bids requested
.
.
.
258
.
.
.
Port Angeles
Fire Department
It is the purpose of the Port Angeles Fire Department to
improve the quality of life for the citizens and visitors of the
City while providing a broad range of services designed to
save lives and property.
Monthly Qeport
259
P AFD Monthly Report for June 2002
Operations 2000 2001 2002 % increase
or decrease
over
preVIous
year
Total number of calls to date 1,364 1,462 1,632 lOA T
Total Medic I patient contacts to date 1,153 1,121 1,191 5.8 T
Total number of volunteer firefighters N/A 857.5 656 23 A !
hours of service to date
Average daily responses per crew this 7.1 7.0 8.5 17.6 T
month
Operations
· Chief McKeen attended the annual Washington State Association of Fire Chief s conference.
He attended a number of seminars while at the conference focusing on contemporary fire
administration issues.
.
The Department has joined forces with Clallam County Fire Districts 2 and 3 to jointly
purchase a fire hose tester. This is an excellent piece of equipment that will allow all of our
agencies to test fire hose in manner that is much safer and causes significantly less wear on
the fire engines. This joint purchase is an outstanding example of the level of cooperation
that exists between these agencies. The hose tester is a valuable piece of equipment that we
could not have purchased on our own.
Prevention 2001 2002
Fire and life safety inspections to date 549 513
PermitsIPlan reviews to date 20 45
Number of fire investigations performed to date 11 9
Number of public education contacts to date 351 1,912
Prevention
.
Weare working closely with the Chamber of Commerce and Historical Society to make
preparations for the upcoming underground tours for history weekend. Our aim is to make
the tours both enjoyable and safe.
260
.
.
.
P AFD Monthly Report, June 2002
Page 2
.
We provided fire extinguisher training through the City Safety Committee. Over 50
employees attended the training, with the majority of those employees actually using
extinguishers on live training fires.
.
· For the second year in a row, the Department participated in the Kids Identification Project
at Port Angeles Ford. This has become a very popular event, with over 200 kids having their
pictures taken by one of our fire apparatus.
Training 2001 2002
Career personnel: Total number of training hours to date 1,280 1,278
(21 career firefighters)
Volunteer personnel: Total number of training hours to date 509 627
(22 volunteer firefighters)
Number of citizens trained in CPR to date 162 201
Number of citizens trained in first aid to date N/A 136
Number of citizens trained in disaster preparedness N/A 25
Training
.
.
The on duty crew and staff attended the City-wide diversity training that was held on the 25th.
· Preparations are underway for a live training bum to be held at an abandoned house. Weare
working through the process to make the building safe for training.
Department News
Four members of the Fire Department participated in the Public Safety Challenge portion of the
second annual Jets in the Strait jet ski competition. We came away with two trophies - "Best Overall
Time" and "Most Money Raised for the Public Safety Memorial." Congratulations to Kevin
Peterson, Mike DeRousie, Kelly Ziegler and Kevin Denton!
The Firefighter's Union (Local 656) has built a Fire Station Playhouse to be raffled to raise funds
for the new Community Dream Playground. The playhouse will be displayed throughout the City
over the next few months. The Playhouse looks great and has attracted a tremendous amount of
attention. -
.
The Fire Department Auxiliary is making great strides. The Auxiliary, made up of wives of
Department members, has now attained 501(c) status and is becoming very involved in a number
of activities. Recently, after a devastating fire destroyed all of the belongings of a family, the
Auxiliary made up a basket of necessities to help the family out. The basket contained a variety of
items (toothbrushes, soap, diapers, food, etc.), all intended to help the family through the first few
days after the fire. The goal of the Auxiliary is to have a number of these baskets pre-made and ready
to deliver in the event of similar occurrences.
261
.
.
.
262
THe: CliY QF
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263
Mission Statement:
In partnership with our community, the Port Angeles Police Department
recognizes its mission to serve in a compassionate, courteous, and professional
manner, to promote freedom and peace of mind, pride in our neighborhoods,
and the safety of our families.
.
~~~..........ry
~..-~ -n:JYJY1-~
. On 06/05/2002, P APD received a theft complaint from a
woman living in the 500 block of East Second Street.
Intruders had entered the woman's bedroom and after
squirting ketchup and mustard all over her pillows and bed,
the thieves emptied a jewelry box of numerous pieces of
silver jewelry. The victim estimated her loss at over
$2,000. Upon investigating police located part of the stolen
jewelry in the possession of two juvenile males, one 14-
year-old and one 17-year-old , both friends of the victim's
son. The pair led police to a third youth, also 14-years-old,
who had allegedly traded them some marijuana for a silver
necklace, earrings, and rings. Armed with information
acquired during the investigation, police obtained a search
warrant for a home in the 700 block of East Second Street.
Inside the residence officers found the third youth and what
they believed to be more of the stolen jewelry. They also
discovered an indoor grow set up in the closet in a bedroom.
Police seized 16 plants of suspected marijuana. All three
youths were taken into custody and incarcerated at the
juvenile detention facility.
.On 06/06/2002, at approximately I :30 p.m., a lone male
entered the Bank of America, 102 East Front Street in Port
Angeles. The man approached one of the tellers and
presented a note demanding cash. Following bank protocol,
the teller did not resist and the man fled with an
undetermined amount of cash. Police converged on the area
and although they were unable to locate the suspect, did
acquire a great deal of eye witness observations of the
suspect fleeing the scene in a brown van. Using the
information developed at the scene, as well as tips called
into the police department, detectIves began to focus their
attention on a Port Angeles man who had been released
from Clallam Bay prison approximately five months ago.
Police believed the man had fled south, toward Portland and
detectives notified the F.B.I. of a possible locatIon as well
as descriptions of the man and his vehicle. At
approximately 3:30 p.m. on 06/07/2002, just over 24 hours
after committing the crime, Special Agents of the F.B.I. and
deputies with the Clark County Sheriffs Office located and
arrested 35-year-old James Lewis in Vancouver,
Washington. They also recovered evidence In Mr. Lewis'
possession tying him to the robbery.
.On 06/07/2002, at approximately 7:30 p.m., the Port
Angeles Police Department conducted raids on two Port
Angeles residences. The raids were part of an on-going
264
police investigation dubbed the "School Zone Operation".
The operation's focus was on mid-level drug dealers
operating near schools, playgrounds, and school bus stops
and was the culmination of nearly five months of
investigation and surveillance. Police obtained search
warrants for a residence in the 1300 block of East Caroline
Street and an apartment in the 300 block of West First
Street. Police wanted to time the raids simultaneously so it
would not allow an opportunity for destruction of evidence,
and to interrupt the alleged dealers during the beginning of
a busy nights business. Officers arrested a 46-year-old male
on four counts of delivery of methamphetamine, a 22-year-
old female for possession of methamphetamine, and a 19-
year-old male for possession of marijuana with intent to
deliver. All the suspects live in Port Angeles. During the
raids, police also seized methamphetamine and marijuana,
as well as cash, drug packaging, and other drug related
paraphernalia. City detectives initiated the investigation
back in January and expect to make more arrests from the
information and evidence they have accumulated
.
. Just past midnight on June 10, 2002, a 1992 Chevrolet
Geo was reported stolen in Bremerton, Washington. At
approximately 2: 18 a.m., the same morning, officers of the
Port Angeles Police Department observed a red Geo driving
in an extremely suspicious manner. The Geo was behind a
patrol car and no matter how slow the patrol car went, the
Geo refused to pass. Officers checked the license plate and
it was the vehicle reported stolen in Bremerton. Upon
initiatmg a stop, officers contacted and arrested a 20-year-
old male from Port Angeles, and an 18-year-old resident of
Bremerton.
FOLLOW UP
.RE: Operation School Zone. After executing search
warrants on 06/07/2002 at the West First Street apartment,
P APD continued to search for one of two residents that was
not home during the raid. On 06/08/2002, officers located
and arrested a 32-year-old male in connection with six
counts of delivery of marijuana. The raid at the East
Caroline address also produced a visitor who was in
possession of methamphetamine. In addition to the previous
arrests, a 20-year-old male was arrested for possession of
meth.
.
.
.RE: The burglary that was reported on 06/05/2002, where
officers found 16 marijuana plants in an indoor growing
setup in the closet of the a bedroom at the residence in the
700 E. Block of Second Street. On 06/07/2002, officers
contacted the adult female that lives at the address and
placed her under arrest for possession of marijuana with
intent to deliver.
On 06/14/2002, at 2:40 p.m., Detectives of the Port
Angeles Police Department conducted a raid on a trailer
house in the Welcome Inn Trailer Court on Highway 101
West. As part of OperatIOn School Zone, police had
previously conducted undercover buys from the suspect
using a confidential informant. The suspect, a 4 I -year-old
male of Port Angeles, was immediately taken into custody
on the two counts of delivery of methamphetamine and one
delivery of marijuana. Detectives were armed with a
search warrant and found approximately two pounds of
marijuana hidden in the arrested man's trailer. Marijuana
is commonly sold in small quantities of 1/16 of an ounce
and are referred to as "20 bags", because they sell for $20.
Once broken apart and repackaged, the marijuana seized in
Friday's raid would have a street value in excess of
$10,000.00. In addition to the marijuana, detectives seized
drug paraphernalia, drug packaging components, a small
amount of methamphetamine, and a loaded handgun. The
arrested male was also charged with being a convicted
felon in possession of a firearm.
.
On 06/17/2002, at 3:15 p.m., Detectives of the Port
Angeles Police Department served a search warrant on a
reSIdence on Bayview Drive, east of Port Angeles.
Officers were looking for drugs, guns, drug paraphernalia
and a 27-year-old male. The male was previously targeted
during "Operation School Zone", and allegedly delivered
illicit drugs to police agents on several occasions since
February.
.
In Operation School Zone Port Angeles Police utilized an
undercover confidential informant to make purchases
directly from suspected dealers. After making the initial
buys and establishing probable cause, subsequent
purchases were made with the aid of a "wire" (a very
small, compact electronic device which clandestinely sends
and records conversation). This undercover wire was
purchased for the police department through a donation by
the Mary Dolciani Halloran Foundation, specifically to
assist law enforcement with undercover operations and
child protection issues.
At the Bayview location, police seized several nfles, drug
paraphernalia, trace evidence, and six potted plants
believed to be marijuana. The suspect was not at home
when police moved in but arrived a short time later. He
was taken into custody without incident and booked on
charges stemming from three deliveries of
methamphetamine and two deliveries ofmanjuana.
265
At approximately 4'00 a.m. on June 18th, police received a line
fault from the alarm at the Port Angeles Fine Art Center, 1203
E. Lauridsen Blvd. Officers discovered a man hiding in the
bushes next to the building. The man was dressed in black and
had a back pack with tools commonly associated with burglary,
including a pair of wire cutters. Further investigation revealed
the telephone and alarm cables into the building had been cut.
Officers also discovered the suspect's car parked a block from
the building. A 34-year-old male was booked for second
degree attempted burglary. Samples of the wires and the wire
cutter seized from the suspect were sent to the crime lab for
comparison and evaluation.
.On 06/22/2002, at 5:50 p.m., patrol officers observed a green,
1993 Mitsubishi driving in the I 100 block of SR 117. The
vehicle drew the attention of police when it ran into the curb at
that location. Officers stopped the car and contacted the female
driver. After she failed a series of field sobriety tests officers
arrested a 37-year-old female for DUI. She was taken to
corrections for a breath test. The suspect's breath tested
to .2 I %, more then twice the Washington State legal limit
of .08%. Additionally, while being booked into corrections for
the D.U.I., officers discovered a baggy of suspected marijuana
in the woman's purse, a second container was found in her
purse which also contained suspected marijuana, and a small
glass pipe was found that was filled with the same green plant.
The items were later tested showing positive results for
marijuana.
.On 06/23/2002, Port Angeles Police arrested a 31-year-old
male, as he attempted to re-enter the United States on the M.V.
Coho. The suspect had been denied entry by Canadian officials
when they discovered he had an outstanding arrest warrant out
of Alaska. Canadian officials notified U.S. Customs, who
alerted police. Officers confirmed a $50,000 warrant for sexual
abuse of a child and arrested the suspect without incident.
.In May, police received a complaint from a local medical
office regarding the theft of numerous insurance checks.
Detectives began working the case and focused on an ex-
employee. The law enforcement investigation documented that
various insurance payments were intercepted by an accounts
receivable clerk, signatures were forged to reassign the checks
to a third party, and the checks were deposited into a private
bank account. To date, police have confirmed at least 79
separate checks were taken, representing payments from over a
dozen different health insurance companies. The loss to the
medical office amounted to $17,5 11.00. Detectives served a
search warrant on the suspect's bank account and allege that all
of the missing checks had been deposited into her account. On
06/28/2002 at approximately 2:00 p.m. Detectives from PAPD
contacted the 43-year-old female suspect. The suspect was
booked into the Clallam County Corrections facility and has
since been charged with forgery, first degree theft, and witness
tampering.
2
School Resource Officer
Report 2001-2002
By: Officer Bruce Knight
The 2001-2002 school year con-
cluded the 4th year of the School Resource Of-
ficer Program in the Port Angeles schools. The
school resource officer serves all of the public
schools in the city of Port Angeles but he is
based at the Port Angeles High School where
most of the calls for service occur.
During the school year the SRO, Bruce Knight,
handled five hundred and eighty one calls for
service at the schools, most of which did not
come through PENCOM. The primary report-
ing method is through direct reports from stu-
dents and staff to the SRO. The goal of in-
creasing access to law enforcement has been
successful each year. This year the SRO
served twenty-five arrest warrants at the
schools compared with fifteen warrant arrests
in 2000-2001. While most of these are for tru-
ancy, others are for "Fail to Appear" and "Fail
To Obey Court Order" on criminal offenses.
The SRO arrested sixteen students for harass-
ment this year as compared to ten the previous
year. Recent court cases, where threats of
physical harm or death have been made, make
the prosecution for harassment easier. Harass-
ment warnings were down 50% from last year
with only 32 students being warned for harass-
ment. With the harassment arrests up by 60%
the harassment and assault problem diminished
accordingly. Only three students were arrested
at the high school for assault as compared to
ten the year before. This decrease is a direct
result of arrests being made when the threat is
made rather than after it is carried out.
Twenty-five students were arrested for drug/
alcohol violations as compared with 23 last
year. Many of these violations occurred at
school dances.
266
.
The SRO wrote forty-two tickets for posses-
sion of tobacco, down from forty-nine the
previous year. All of the offenders are re-
quired to pay a penalty of $50.00 or attend a
tobacco information school. Several offend-
ers reported they had quit smoking because of
these incidents.
Fights at Port Angeles High School were
down 42% this year. The last two months of
the school year found students leaving cam-
pus at lunch time to don boxing gloves at im-
promptu "fight clubs." The SRO has been
researching other cities within the state of
Washington for ordinances governing this
type of dangerous, but not unlawful, practice.
A school lock down occurred several months
ago when 2 armed burglars were seen several
blocks south of the campus. This event,
along with the September 11 th terrorist at-
tack, were listed by students as one of the
most newsworthy events of the year.
.
One of the biggest benefits of the SRO pro-
gram is to change students and staff attitudes
toward law enforcement. The SRO inter-
viewed five hundred thirty eight students and
staff this school year. This resulted in a fa-
vorable impression of law enforcement for
the majority of those interviewed. Mutual re-
spect and trust generated now will do much
to make the job of the officer on the street
easier. While enforcement is a big part of the
SRO program, most of the time is spent me-
diating disputes and teaching students how to
handle their own problems in a timely man-
ner. The mere presence of an officer on cam-
pus does much to allay the fears that many
students and parents may have about personal
safety in a campus en
.
3
LAW ENFORCEMENT ADVISORY BOARD
. June 26, 2002
Attendees:
Leland Lee, Chairman
Rod Anderson
Leonard Beil
David Brewer
Joe Girard
Dennis Wilcox
Chief Tom Riepe
Lena Washke, Secretary
Guests: Cpl. Tyler Peninger
~
Call to Order: Chairman Leland Lee called the meeting to order at 6:30 pm.
Minutes: The minutes from May 29, 2002 were approved as published
Communications and Letters: There were no communicatIOns or letters.
Committee Reports: There were no committee reports.
Agenda Items
.
Guest - Cpl. Tyler Peninger
Cpl. Peninger introduced Donald Steffenson from the Coast Guard who was riding along with him for the evening. Cpl.
Peninger then reviewed a couple of the incidents that officers had responded to since the start of shift which included a lost
child situation. It turned out that a family member had taken the child to the beach and told the babysitter who had been
asleep and forgot that they were told. There was discussion regarding the new jumpsuits and the tasers. Chairman Lee wel-
comed Mr. Steffenson and offered an invitation to all Coast Guard personnel to attend the Board Meetings at any time. Cpl.
Peninger discussed the firing range and offered to plan a tour for the Board.
2. Department Updates
Chief Riepe informed the Board about some research into Mobile Data Terminals. Mobile Data Terminals allow officers to
obtain statewide information on suspects in their vehicle. This technology is available on the Peninsula, but it is very expen-
sive to maintain and operate. The hope is that the Department will get one for a trial run. Chief Riepe also mentioned the
Methamphetamine Conference that is scheduled. There will be at least two officers or detectives in attendance.
3. Animal Control
The animal control ordinance continues to be updated. A 'new state law was recently passed that must be incorporated into
the new ordinance. Chief Riepe also discussed a proposal by a group of concerned citizens to form an animal control author-
ity. This proposed authority would handle all animal control Issues in Clallam County. If this were to happen, it would
eliminate the need for Police Department and Sheriffs Department animal control officers.
4. Racism Concerns
Chief Riepe discussed the recent "Peace Day" celebration he participated in that was hosted by the Lower Elwha Tribe.
Chief Riepe also met with Chairman Sullivan regarding the possibility of establishing a better working relationship With the
tribe. The idea is to develop a Tribal Resource Officer (TRO). The TRO would attend tribal meetings when invited and
work closely with the tribal police and other tribal members to establish open lines of communication. Cpl. Ed Schilke has
been offered and accepted this assignment upon implementation of the program.
5. Sales Tax - Law & Justice Advisory Proposal
Chief Riepe updated the Board on the plans for the 1110 of 1 % Criminal Justice Sales Tax that the County is planning to in-
clude on the November ballot. He reviewed how this additional funding would benefit the Department.
.6.
Items from Members
There again was discussion regarding the vacated student board member position. Hopefully by the next meeting in Septem-
ber, a new student will have been selected to fill the position.
4
267
~ ~~ ^ ~ ~PENCOM:icTIVITY ~ "X:; "~ ^," ,
PAPD CFS
(Calls for Service)
1639
9504
I 0 Month 11120021
DISPATCHES FOR PAPD
1566
8973
I lEI Month 1120021
.
COUNTYWIDE 911 CALLS
2341
13671
I 0 Month 1112002 I
.
" ~" c: ENFORCEMENT ACTIVITY,,:, ' ,
, ," , ",'% ' , " " , "
2002 ARRESTS
535
159
98
33
Juvenile
Arrests for
month
Adult
Juvenile
A t f Arrests for
rres s or y
Y ear
ear
5
268
.
.
18
16
14
12
10
8
6
6
4
2
0
Expired
. Veh
License
.
TRAFFIC VIOLATIONS
18 For The Month
4
I ~i
16
1 1
;",,,,,
17
Insurance Fail to Stop Follow Too Speeding- Seat Belt All Other
Violation - Sign Close School Violation
Zone
2002 TRAFFIC COLLISIONS
600
500
400
300
200
100
o
231
I m Accidents for the Month . Accidents for the Year I
6
269
PART 1 CRIMES
.
Offense Current month Total for current yr. Same month 2001 Total for 2001
Honicide 0 0 1 1
RaoeISex Offenses 0 2 0 7
Robbery-All 1 4 1 5
Assault-FeIonv 1 ; 19 6 13
Assault-4th 24 118 29 155
Burglary-Residential 6 42 9 51
Burgl",n...nthar 6 28 3 27
Theft-Shoplifting 9 46 7 48
Theft-from Vehicle 12 93 15 116
Theft-from B1dg 13 70 8 72
Theft-Vehicle 1 20 4 11
Theft-Other 14 76 17 79
Arson-A11 0 1 0 3
Total 87 519 100 588
PART:2 CRIMES
.
Offense Current Month Total for current yr. Current Month/2001 Total for 2001
ResistinalObstructina 6 19 1 7
Stalking/HarassmentlEndangerment 6 29 8 39
UIBClFraudlEmbezzleJProoertv 5 40 2 40
Malicious Mischief-Felony 5 30 3 22
Malicious Mischief-3rd 8 60 15 107
Weaoons Violations 3 20 0 13
Crimes Against Child/Sex Offense 2 18 1 20
Dr\.JQ Violation 5 48 11 60
Domestic - Verbal 4 15 7 22
DUI 8 46 9 56
Alcohol Violations 5 39 8 40
Violate Protection Order 2 21 8 53
Runaway 13 68 10 60
Miscellaneous/Other 13 49 4 50
Total 85 502 87 589
.
7
270
.
ANIMAL CONTROL INCIDENTS
For the Current Month
Totaling 212 Calls
56
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.
Parking Ticket Statistics
Tickets Revenue Tickets Revenue Tickets Revenue
2000 2000 2001 2001 2002 2002
Jan 246 $2,225.00 128 $1,094 269 $1,070
Feb 292 $2,988.00 201 $1,426 271 2,247
Mar 291 $4,611.00 310 $2,010 266 2,697
Apr 219 $2,530.00 298 $2,850
May 167 $1,885.00 445 $2,832
June 147 $1,850.00 223 $2195
July 290 $1,525.00 358 $2,990
Aug 259 $2,310.00 301 $3,390
Sept 130 $1,830.00 250 $2,433
Oct 260 $1,820.00 351 $3,171
Nov 201 $1,911.00 126* $2,265
Dec 84 $1,552.00 47* $1,128
Total 2586 $27,037.00 2991 $26,656 1643 13,597
.
* Parking Enforcement Officer on sick leave.
8
271
Queen of Angels
DARE Graduation
2002
; Queen of Angels DlR.E Graduation 2002 ,;
~ Issa1 AYIId Wln!IeIs: JoIm IleHes, I/.vcea ilIlIeIw\, and AshJjI1I'&sm '
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Chief Riepe & DARE Officer
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certificates of completion to
each graduating student.
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A s;pecL~L 'Pey-foy-w..~v\'ce btj DARE stuolel^-ts w~tl1 ~LL of tl1e
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272
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Amended 7/1 0/02
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 12,2002
7:00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Hewins, Mary Craver, Chuck Schramm,
Rick Porter, Leonard Rasmussen
Members Excused:
Fred Norton
Staff Present:
Brad Collins, Scott Johns
Public Present:
Kathe Smith, Jack Heckman, Jim Jones, Pat Deja, Roger
Easling
APPROVAL OF MINUTES
Commissioner Hewins moved to approve the May 22, 2002, meeting minutes as corrected. The
motion was seconded by Commissioner Philpott and passed unanimously. Commissioner Craver
abstained from the vote due to absence at that meeting.
Director Collins indicated that a public hearing had originally been scheduled for June 12,2002, for
consideration of Shoreline Conditional Use Permit SMA 02-06. Although the issue will be
continued to June 26, 2002, there may be members of the audience who came to the meeting
intending to speak on the application. The Commission should add the item to the agenda, open the
public hearing, and then continue the public testimony to the June 26, 2002, meeting. The
Commission agreed and added SMA 02-06 as item #5 on the agenda.
Commissioner Hewins moved to approve the May 22, 2002, meeting minutes as corrected.
The motion was seconded by Commissioner Philpott and passed unanimously.
Commissioner Craver abstained from the vote due to absence at that meeting.
PUBLIC HEARINGS:
Conditional Use Permit - CUP 02-03 - Budget Rent-A-Car. Northeast comer of
Oak and Front Streets: A request for a temporary overflow parking area for
seasonal tourist parking in the Central Business District.
Director Collins presented the staff report.
Director Collins suggested a fourth condition that the lot would be made immediately available
for construction activities if necessary: "The approval of the CUP shall be subject to other uses
for which the site may be needed during summer construction season". Commissioner Porter
asked why the condition for a parking lot attendant was added? The condition was added by the
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Planning CommIssIon Mmutes
June J 2, 2002
Page 2
Commission in previous meetings due to lack of stripping and that the parking was not always .
for pay. It was the attendants responsibility to show that parking fees are required at that time.
Commissioner Rasmussen pointed out that it would be difficult to have an honor system for
paying when parking space stripping and numbering is not in place. Commissioner Hewins
pointed out that the lot was not for pay at all times. Commissioner Porter felt that it was onerous
for the owner to pay an attendant to collect fees. Commissioner Craver pointed out that the
owner could pave and stripe the lot as the Commission originally requested.
Jack Heckman, 647 Black Diamond Road, the applicant, spoke in favor of the proposal and
clarified the intent of the parking lot. The parking area is only used as overflow parking during
high tourist months of July and August. Because of the proposed work that may happen in the
Downtown in the next few months, paving and stripping would not be practical at this time, not
knowing the future use of the site. Because of the pending construction activities in the
downtown, this probably would be the last year that this seasonal parking permit would be
sought.
Members of the Planning Commission questioned Mr. Heckman regarding the continued use of
the parking lot as a temporary use and therefore it not being paved or striped for the past 11
years, as required for other parking lots. The Commission also questioned why this issue was
before them at this time, since the last extension for a temporary use on the lot was conditioned
that it not be extended as a temporary use beyond 2001. It was pointed out that the condition had
not been appealed and was therefore assumed to be acceptable at the time.
Mr. Heckman indicated that the issue had returned to the Commission due to proposed .
downtown projects that to this time had not been developed. No appeal had been filed at the
time because it was felt those projects would move forward and an extension would not be
necessary. The current action is for a new permit, not an extension of the previous permit. Mr.
Heckman also indicated that the cost of parking lot improvements were not financially feasible at
this time (or in the past) due to the short term nature of the use (two months each summer for
overflow parking).
The commission debated the issues of approving parking that was not improved to City
standards, approving a permit that had previously been conditioned not to occur beyond 2001,
and the need for the additional parking in the downtown area.
Commissioner Philpott moved to approve CUP 02-03 with the addition of a 4th condition
(The approval of the conditional use permit shall be subject to other uses for which the site
may be needed during the summer construction season), 10 findings and 5 conclusions.
Conditions:
1. The seasonal, temporary, commercial off-street parking use is approved from June
12,2002, until September 30,2002.
2. A parking lot attendant shall be on-duty during those times when vehicles are
being parked.
3.
The applicant shall keep the area free of litter during operation of the area as a
temporary parking lot.
.
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Plannmg CommiSSIOn Mmutes
June J 2, 2002
Page 3
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4. Approval of the use shall be subject to other uses for which the site may be
needed during the summer construction season.
Findings:
1. The request is to allow continuation ofa seasonal, temporary, commercial off-
street parking lot activity in the Central Business District (CBD). The proposed
site is the unimproved property located at the northeast comer of the intersection
of Front Street and Oak Street. Independent parking lots have been permitted uses
in the CBD since 1995.
2. The proposal to use the unimproved site as a seasonal, temporary parking area is
non consumptive of the land available for development in the Central Business
District as it can easily be converted to a higher use.
3. Under appeal to the City Council in 1990, it was determined that a temporary
parking activity does not necessarily require normal improvements due to the
temporary nature of the activity.
4. The ferry system and other tourist activities generate a need for long-term off-
street parking in the Downtown area.
.
Public Works standards for parking lots require parking lots to be paved, striped,
and designed for best stormwater control management.
6. The applicant has operated the temporary parking lot at this location since 1990
by conditional use permit.
5.
7. There have been no complaints with regard to the operation of the temporary
parking lot for several years. A complaint regarding litter was submitted several
years ago. The applicant has subsequently been diligent in maintaining the area
while used as an overflow parking lot.
8. The application request was posted and published in the Peninsula Daily News on
May 12,2002, and was m ailed to surrounding property owners on May 8, 2002.
A public comment period ran to May 28, 2002. No comments were received.
9. Improvements are being planned for the Downtown area which could result in the
subject location being utilized to staging of construction projects and for displaced
parking.
10. Goal B and Policies B.14 and B.16 ofthe Transportation Element ofthe City's
Comprehensive Plan encourage off-street parking facilities to be sufficient and
accessible within the business and residential areas and that allowances should be
made for shared parking facilities.
.
Conclusions:
A. As conditioned, the proposed use is compatible with surrounding commercial uses
and with the intent of the CBD zone.
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Plannmg Commlsszon Minutes
June 12, 2002
Page 4
B.
As conditioned, the time period for the use is in the public use and interest and is
not detrimental to the public welfare.
.
C. As conditioned, the proposal is consistent with the intent of Section 17.24
(Central Business District) of the Port Angeles Municipal Code.
D. The use is in compliance with the City's Comprehensive Plan goals and policies.
E. Compliance with the City's Parking Ordinance and Public Works standards for a
temporary use requires a significant investment.
The motion was seconded by Commissioner Porter. The motion failed 3-3 with
Commissioners Craver. Rasmussen, and Hewins voting in the negative. and Commissioners
Philpott. Porter. and Schramm voting in the affirmative.
Bte An alternative motion, to deny CUP 02-03 and to direct staff to bring back findings
and conclusions to support denial was made by Commissioner Hewins and seconded by
Commissioner Craver. That motion also failed 3-3 with the same vote split as the previous
motion. The conditional use permit CUP 02-03 was then considered denied. , aBd the
applieaBt would be allowed to appeal if desired.
Director Collins pointed out that the issue could be continued to the next scheduled meeting of
the Commission when the seventh member may be available to vote, or the applicant could .
accept the denial and appeal the decision to the City Council. The applicant chose the latter and
said he will appeal.
Shoreline Substantial Development Permit - SMA 02-05 - City of Port
Angeles. Extension of the Waterfront Trail use from its current east terminus
continuing around and through the Rayonier Mill property a distance of 1.1 miles
to connect with its west terminus.
Associate Planner Scott Johns presented the staff report. Chairman Schramm opened the public
hearing.
Kathe Smith, 607 E 4th Street spoke in favor of the project, pointing out that at this time
Rayonier had agreed to the route of the trail and are willing to allow the trail to exist during the
clean-up phase of their work. Many individuals had invested many hours of work and support
for this project and urged the Commission to approve the permit.
Chair Schramm closed the public hearing.
Commissioner Hewins asked if the project was to be in a temporary location why the
Commission should not place a time limit on the project? The concern was that the temporary
trail would become permanent and the Ennis Creek crossing would not be removed. Staff
responded that, because of the indefinite nature of the clean-up effort and the uncertainty of
future use on the site, it would be difficult to accurately establish a time frame for the project.
Ms. Smith stated that Rayonier was supportive ~f the trail proposal at this time but that support
could be withdrawn and a time limit might cause the trail to be closed again.
.
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Page 5
Commissioner Philpott moved to approve SMA 02-05 with the 4 conditions, 17 findings,
and 5 conclusions as follows:
Conditions:
1. If any contaminated materials are encountered during the construction of the trail, the
applicant must contact the Environmental Report Tracking System coordinator at the
Washington State Department of Ecology.
2. Appropriate measures shall be made to direct runoff from existing and new impervious
surfaces away from the shoreline and Ennis Creek.
3. The applicant must meet the conditions listed in the letter dated May 23,2002, from
Washington State Department offish and Wildlife.
4. The applicant must apply for and receive approval of all applicable local, state and federal
permits required.
Findings:
./
A shoreline substantial development application was submitted by the City of Port
Angeles Public Works and Utilities Department on April 24, 2002, for the construction of
a pedestrian trail through the abandoned Rayonier Mill site. The trail will follow the
Chicago, Milwaukee, St. Paul and Pacific railroad right-of-way a portion of the way and
follow the perimeter of the site the remainder ofthe way. The trail will be approximately
12 feet wide and approximately 1.1 miles in length. The trail surface will be gravel or
existing paved areas. A bridge will be used to cross Ennis Creek.
2. The location ofthe trail was determined to provide the most separation between
potentially contaminated areas of the mill site and users of the trail. Additionally the
location of the trail will provide an area of separation between cleanup activities and trail
users.
1.
3. The proposed trail will be located within Environmentally Sensitive Areas associated
with the Shoreline of Port Angeles Harbor, the marine bluff and Ennis Creek. The
environmentally sensitive areas and their buffers are all highly disturbed, either by the
armoring of the shoreline, the construction of the railroad grade, or the long time use of
the site as a pulp mill. The proposed trail will be constructed on already disturbed
portions of the site and will not cause further disruption.
4. The trail will connect two portions of the waterfront trail that up to this point has
terminated at the east and west boundaries of the Rayonier Mill Site.
5. No over water structures are proposed that would affect the marine nearshore habitat.
6.
The designation of the subject site is Urban Harbor (00) in the Port Angeles Shoreline
Master Program, and Industrial (1) in the Port Angeles Comprehensive Plan. The site is
designated as Public Buildings and Parks (PBP), and Industrial Heavy (IH) in the Zoning
Code. Trails are listed as permitted uses in the 00 designation under the Shoreline
Master Program and the PBP zone. The trail will follow the base of the marine bluff and
the Ennis Creek corridor to remain within the PBP zoning to the greatest extent.
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Plannzng CommISSIOn Mznutes
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Page 6
The Port Angeles Harbor provides nearshore marine habitat for juvenile Puget Sound
chinook salmon, which are listed as a threatened species under the Endangered Species
Act. Nearshore marine areas provide habitat for salmon, as well as for bait fish such as
herring and sand lance. Eelgrass and near shore areas are known as key habitat for
juvenile salmon as it provides refuge, as well as feeding habitat.
8. The project, as conditioned, is consistent with the Port Angeles Zoning Code as trails are
permitted uses within the PBP zone.
7.
9. The project, as conditioned, is consistent with the Port Angeles Shoreline Master
Program. Those most relevant include the following: Chapter 4 C - Clearing and Grading
Policy land 2; D - Environmental Impacts Policy 1 and Regulations 1,4,5,6, 7, 8, and
9; E - Environmentally Sensitive Areas Policy 1 and Regulation 1,2, and 3; F - Kelp
Beds, Eelgrass Beds, Herring Spawning Areas, Smelt Spawning Areas, Shellfish Areas
and Other Critical Salt Water Habitats Policies 3 and 4 and Regulation 6; H - Salmon
and Steelhead Habitats Policies 1-4 and Regulations 6 and 12; J - Public Access Policies
1,2,3 and 5 and Regulations 1,4,5,6,7 and 10; N - Water Quality Policies 1 and 2; and
Use Table H;.
The project, as conditioned, is consistent with the Port Angeles Comprehensive Plan.
Those most relevant include the following: Growth Management Element Goal A, Policy
i; Land Use Element, Open Space Goal I and J, Policy 2,4, and 6, Transportation
Element Goal A, Policy 1, Utility and Public Services Element Goal B, Policy 1, Goal C,
Policies 4 and 5, Conservation Element Goal B, and Policies 2 and 9, Goal D, and
Policies 2 and 3.
10.
11. The application materials were sent to the Department of Ecology (DOE), and the
Washington State Department ofFish and Wildlife (WDFW), for review. Conditions of
approval were recommended.
12. The Fire Department indicated they have no comments or recommended conditions of
approval regarding the application.
13. No written public comment were received regarding this application. The written public
comment period concluded May 30, 2002.
14. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas (ESA)
Ordinance, Chapter 15.20, as a "beach and associated coastal drift process area". Buffer
and protective standards for these areas are generally deferred to the Shoreline Master
; Program.
15. The marine bluff and Ennis Creek corridor are designated Environmentally Sensitive
Areas by the City's Environmentally Sensitive Areas (ESA) Ordinance, Chapter 15.20.
16. Approval of SMA 02-05 shall also be deemed as approval for the activity in accordance
with Chapter 15.20 PAMC.
17.
The State Environmental Policy Act (SEP A) Responsible Official issued a Determination
of Non-Significance for the project on June 4, 2002.
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Page 7
. Conclusions:
1. The proposal, as conditioned, would allow for a trail to be constructed across the
Rayonier Mill site to connect the east and west ends of the existing Waterfront Trail.
2. The proposal, as conditioned, would not negatively affect critical saltwater habitat, Ennis
Creek, the marine bluffs, or their buffers in the area.
3. The proposal, as conditioned, is consistent with the Port Angeles Comprehensive Plan
and Zoning Code and is a permitted use with the Public Buildings and Parks zone.
4. The proposal, as conditioned, is consistent with the Shoreline Master Program.
5. Shoreline developments that are designed with the least environmental impact to the
shoreline and its resources is in the best public interest and welfare and furthers the goals
and intent of the Shoreline Management Act and Shoreline Master Program. .
The motion was seconded by Commissioner Craver. Commissioner Hewins stated that he
would like the minutes to show that the City is acting to build within the 75 foot buffer required
by the City's Environmentally Sensitive Areas Ordinance and not making any provision to
remedy that condition in the specified future. The motion passed 6-0.
Conditional Use Permit - CUP 02-04, North Olympic Skills Center. 900 West
8th Street: A proposal to establish a skills center, business incubator, and school
district office campus in the PBP, Public Buildings and Parks zone.
.'
Associate Planner Scott Johns presented the staff report.
Commissioner Rasmussen stated that he felt the posting notice was inadequate to inform the
public as to the true nature of the proposal. He also expressed concern that the permitted uses of
the skill center and school district offices were mixed in a confusing way with the conditional
uses of the business incubator and EDC offices and suggested that staff provide a new staff
report that is more concise. Director Collins provided guidance to the Commission and stated
that he would take the matter to the city attorney for his advise on the issue of adequate public
notice.
Commissioner Rasmussen moved to delay the action on CUP 02-04 pending re-noticing the
application and submittal of an amended staff report. No second was heard, and the motion
failed.
.
Commissioner Rasmussen expressed concern over the nature of what would be taught at the
Skills Center and what activities would occur at the business incubator. The operation and use of
the business incubator was also questioned, including what is meant by 'start up', would anyone
be allowed to use the business incubator or only students, would internships be available, what
impacts to the neighborhood would be expected?
Jim Jones Jr., 2106 Seabreeze Place, representative for project proponent. Mr. Jones indicated
that the skills that will be taught would not include industrial type activities that would create
noise, air pollutants, or require shipping or receiving in large quantities. Start up businesses
would be considered any new business that did not previously exist. The business incubator
would be available to anyone interested in starting a business.
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Plannzng CommISSIOn Mznutes
June 12, 2002
Page 8
Roger Easting, 1150 Thornton, Sequim, indicated that the business incubator would be run by .
an 8 member consortium including the school district, Peninsula College, and the Economic
Development Council.
Chairman Schramm closed the public testimony.
Commissioner Rasmussen indicated his opposition to the project, based on the inappropriate use
ofPBP zoned property for EDC office use and the business incubator, pointing out that the
portions of the project requiring the conditional use were not adequately identified and separated
in the project description or staff report. Commercial uses should take place in commercial
zones and not in the PBP zone. Additionally, he felt that it was inappropriate for the EDC and
Port Angeles School District to make the determination as to what businesses were appropriate
for various areas of the City.
Commis~ioner Porter moved to approve CUP 02-04 with the 2 conditions, 10 findings and 6
conclusions as follows:
Conditions:
1. The applicant shall meet the permitting and utility requirements, including the
provision of 104 off-street parking spaces for the proposed use.
2.
The applicant shall provide an engineered drainage plan that meets the
requirements of the Department of Ecology's Stormwater Management Manual
for Western Washington.
.
Findings:
Based on the information provided in the Planning Department Staff Report for CUP 02-
04 dated June 12,2002, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
1. Roger Easling, agent for the applicant, North Olympic Peninsula Skills
Consortium, submitted a Conditional Use Permit application for a skill center,
business incubator, and district offices for the Port Angeles School District on
April 29, 2002.
2. The application is for a conditional use permit to develop a skill center, business
incubator and office building for the Port Angeles School District on a PBP
Public Buildings and Parks zoned property.
3. The site is located at 900 West 9th Street, Port Angeles, Washington. The parcel is
legally described as Block 259 and Lots 1 - 4 of Block 300, Townsite of Port
Angeles.
4.
The parcel is zoned PBP Public Buildings and Parks. The surrounding zoning
designations include Residential (RS-7) to the south and east, Community
Shopping District (CSD) to the north and west, and Neighborhood Commercial
(CN) to the west.
.
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Planning CommIssIOn Mznutes
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Page 9
.
The subject site is approximately 5 acres in size and is the present location of the
old Lincoln School, the Choice alternative school and industrial arts shops for the
Port Angeles School District. The site is owned by the Port Angeles School
District.
6. The proposed buildings will occupy between 40,000 and 50,000 square feet ofthe
site. The current development on the site is approximately 42,200 square feet.
The PBP zone has a maximum 50% site coverage requirement. Site coverage will
be approximately 43% at maximum proposed build out.
5.
.
7. The Comprehensive Plan designation indicates that the site is located on an
.imprecise margin between two planning designations. A Commercial (C)
designation area generally follows Sth Street and C Street located to the north and
west of the site and a Low Density Residential (LDR) designation boarders the
east and south portions of the site. The business incubator use would be permitted
in the Commercial designation and schools would be permitted in the residential
designation.
S. The applicant is proposing 130 parking spaces for the project. The required
number of parking spaces for the classroom and office uses proposed is 104
spaces. The proposed parking will also be used for the existing uses on the site.
'/"1. The proposal is consistent with the intent of the Comprehensive Plan's Growth
Management Element Policies Al and A2, the Land Use Element Policies DI and
D2, and the Economic Development Policies A2, A4, A5, AS, A9, AIO, All and
B3.
}: ID, A Determination of Non-Significance was issued for this proposed action on May
30,2001.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 02-04 dated
June 12,2002, including all of the information in the public record file, comments, and
testimony presented during the public hearing, the Planning Commission's discussion
and deliberation, and the above listed condition of approval and the above listed findings,
the City of Port Angeles Planning Commission hereby concludes that:
1. The proposed skill center and school district offices are a permitted use in the
PBP zone. The proposed business incubator is not defined in the zoning code nor
listed as a permitted or conditional use in the zone. The business incubator is a
compatible use in the PBP zone and with the surrounding uses in the area.
2. As conditioned, the proposal is consistent with the intent ofthe Comprehensive
Plan's Growth Management Element Policies Al and A2, the Land Use Element
Policies DI and D2, and the Economic Development Policies A2, A4, A5, AS,
A9, AIO, All and B3.
.
3.
The proposed use, a skill center, business incubator and school district offices, is
consistent with the purpose of the PBP zone, as it is compatible with adjacent
residential and commercial uses. If the proposed use complies with certain
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Planmng CommissIOn Minutes
June J 2, 2002
Page J 0
definitions and the design and performance standards set forth by the Zoning
Code, then it can be deemed consistent with the Zoning Code.
4. As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMC 17.96.050.
5. As conditioned, the proposal is consistent with the Parking Ordinance, P AMC
14.40.
.
6. As conditioned, the proposal is in the public interest.
Commissioner Craver seconded the motion. Discussion followed regarding the issue ofthe
wording in the public notice. The motion passed 4-1 with one abstention. Commissioner
Rasmussen voted against the motion, and Commissioner Hewins abstained from the vote.
Commissioner Porter moved to adjourn. Commissioner Hewins seconded the motion. Director
Collins indicated that there were two agenda items remaining and that some action should be
taken on those items. The motion to adjourn was withdrawn.
Commissioner Porter moved to continue those remaining items. Commissioner Hewins
seconded the motion. Director Collins pointed out that one issue on the agenda was time
sensitive and members of the audience were available to address the issues of that application
and that there were other members of the audience in attendance that may wish to speak to the
second item remaining on the agenda. Commissioner Porter withdrew his motion to continue
those items, at least to continue them.
.
Due to the lateness of the hour, Commissioner Hewins asked to be excused from the remainder
of the meeting. There were no objections, and Commissioner Hewins was excused.
Commissioner Craver moved to adjourn the meeting and continue the remaining items to
June 26, 2002. The motion was seconded by Commissioner Rasmussen. The motion failed
3-2.
Conditional Use Permit. CUP 02-05. North Olympic Skills Center. Interim
site - 1908 "0" Street: A proposal to establish an interim skills center location in
the Airport Industrial Park in the IL, Industrial Light zone.
Director Collins presented an abbreviatet4taff report. Chair Schramm opened the public
testimony. No members of the public spoke. Chairman Schramm closed the public testimony.
Commissioner Philpott moved to approve Conditional Use Permit CUP 02-05 with the 2
conditions, 12 findings and 7 conclusions as follows:
Conditions:
1.
The Port Angeles School District interim skill center use shall remain valid under the
proposal as described in the application and staff report for conditional Use Permit CUP
02-05, until July, 2003.
.
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Page 11
.
2.
Extension ofthe trade school use shall not be given at the subject location unless the site
is rezoned to IP, Industrial Park.
Findings:
Based on the information provided in the Planning Division Staff Report for CUP 02-05,
dated June 12,2002, including all information in the public record file, comments, and
testimony presented during the public hearing, the Planning Commission's discussion
and deliberation, and the above listed conditions of approval, the City of Port Angeles
Planning Commission hereby finds that:
1. Roger Easling, agent for the applicant, Port Angeles School District, submitted a
conditional use permit application for an interim skill center activity on May 21, 2002.
2. The application for a conditional use permit is to establish an interim skill
center/administration office use in the Industrial Light zone for a period of one year while
a permanent location is under construction and development. Activities that would be
conducted in the interim skill center would be mainly to establish the skill center as a use
within the community and to provide an administrative support base for the future
permanent skill center.
.
3.
The proposed interim site is located at 1908 "0" Street, Port Angeles, Washington, in the
Airport Industrial Park and is owned by the Port of Port Angeles. The Port Angeles
School District would be securing a lease from the Port for the interim use in the event
the CUP is approved.
4. The activity is planned to occur on a daily basis (Monday through Friday) 8 a.m. to 8
p.m. with a maximum of 40 students and 4 - 6 administrative staff. Activities would
mainly consist of lectures with some hand-on training for non impactive trades such as
multi media use or physical therapy.
5. The subject site is zoned IL, Industrial Light. Surrounding zoning designations include
Industrial Light to the south and east, and west, with Residential Medium Density north
of the site north of Eighteenth Street.
6. The Industrial Light zone does not allow for schools or trade school activities. The zone
allows for business and professional offices as permitted uses. Under certain conditions
and with compliance with the purpose section of the IL zone (Section 17.32 P AMC),
other uses that meet with the intent ofthe IL zone may be permitted by conditional use
permit.
7.
The Comprehensive Plan designation identifies the area as Industrial. The entire
Comprehensive Plan and Land Use Map were reviewed with regard to the proposal.
Economic Development Element Goal A, Policies 2,4,5,8,9,10, and 11 appear to be most
relevant to the proposed interim use.
.
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Page 12
8.
The Industrial Park (IP) zone allows for business colleges and trade school activities as
permitted uses.
.
9. The Planning Commission shall consider applications for conditional use permits for uses
as specified in the applicable chapter of the Zoning regulations. The Planning
Commission may grant said permits which are consistent with and compatible with the
purpose of the zone in which the use is located, consistent with the Comprehensive Plan,
and not contrary to the public use and interest. The Planning commission may refuse to
issue a conditional use permit if the characteristics of the intended use as related to the
specific proposed site are such as would defeat the purpose of these zoning regulations by
introducing incompatible, detrimental, or hazardous conditions. In each application the
Planning Commission may impose whatever restrictions or conditions they consider
essential to protect the public health, safety, and welfare, and to prevent depreciation of
neighboring property.
10. The purpose of a conditional use permit is to ensure that the maximum degree of
compatibility between uses is attained.
11. Twenty-four (24) off-street parking spaces are provided with an additional 8 possible on-
site.
12.
An Adoption of Previous Document was issued for this proposal on June 12,2002. This
satisfies the City's responsibility under the State Environmental Policy Act (SEP A).
.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 02-05 dated
June 12,2002, including all of the information in the public record file, comments, and
testimony presented during the public hearing, the Planning Commission's discussion
and deliberation and the above listed conditions of approval and findings, the City of Port
Angeles Planning Commission hereby concludes that:
1. As conditioned, approval of the interim schooVoffice use should not set a precedent
which would allow for school uses to become conditional uses in the IL zone.
2. The proposed use is an interim activity which functions in many ways similar to an office
use in the Industrial Light zone where business and professional office uses are permitted.
3. Given the average age of students, it is likely that those traveling to the site will arrive by
personal vehicle or school conveyance.
4.
The interim use as a business office/classroom activity is consistent with the City's
Comprehensive Plan, specifically Economic Development Element goal A, Policies
2,4,5,8,9 10 and 11.
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5.
As conditioned, the proposal is consistent with the requirements for approval of a
conditional use permit as specified in PAMC 17.96.050.
6. As conditioned, the proposal is consistent with the City's Parking Ordinance, P AMC
14.40.
7. As conditioned, the proposal is in the public interest.
The motion was seconded by Commissioner Rasmussen and passed 5-0.
Shoreline Development Permit SMA 02-06, 201 Front Street: A proposal to
construct a 93,460 square foot hotel and conference center in the shoreline
jurisdiction.
The staff report was not ready for presentation at the time of the meeting.
Chair Schramm opened the public testimony. No members of the public spoke. The hearing was
continued to the June 26, 2002,' meeting.
COMMUNICATIONS FROM THE PUBLIC
None.
. STAFF REPORTS
Director Collins told the Commissioners that he had copies of the revised Municipal Code
amendments proposal that the Commission had requested and provided those to the Commission.
REPORTS OF COMMISSION MEMBERS
None.
ADJOURNMENT
The meeting adjourned at 10:25 p.m.
Brad Collins, Secretary
Chuck Schramm, Chair
PREPARED BY: S. Johns
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 26, 2002
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Fred Hewins, Chuck Schramm,
Mary Craver, Leonard Rasmussen
Members Excused:
Rick Porter
Staff Present:
Brad Collins, Scott Johns
Public Present:
Chris Listfjeld, John Brewer, Randal Jay Ehm, Dan Maguire
APPROV AL OF MINUTES
Commissioner Philpott moved to approve the June 12, 2002, meeting minutes as corrected.
The motion was seconded by Commissioner Craver and passed 5 - O. Commissioner
Norton abstained from the vote due to his absence from that meeting.
PUBLIC HEARINGS:
Unclassified Use Permit - UUP 02-01 - Cingular Cellular. 1300 Block of West 8th
Street: A request to replace a 74' 7" lighting standard with a 95' tall combination
telecommunication/ball field lighting tower in Shane Park in the PBP, Public Building
and Parks zone.
Director Collins presented the staff report.
Chris Listfjeld, 1530 Westlake Ave N., Suite 600, Seattle, WA 98109, the agent for the
applicant, spoke in favor of the proposal. Mr. Listfjeld answered several questions from the
Commission and explained that Cingular had one other telecommunication tower in Port
Angeles, and explained the process of determinating how telecommunication tower sites were
located and chosen. A description of alternate sites that Cingular had explored was provided and
an explanation of the service coverage maps that were included in the application materials was
discussed. Landscaping requirements and intent of Cingular to provide adequate screening of the
equipment was indicated.
There being no further public comment, Chair Schramm closed the public hearing.
Chair Schramm asked staff what the City of Port Angeles would gain from having the
telecommunication facility. Director Collins explained that Port Angeles would gain an
improved telecommunication system, the Parks and Recreation Department would receive
financial compensation, and that the service provider would become responsible for a portion of
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Page 2
the tower maintenance.
.
Commissioner Hewins moved to approve UUP 02-01 with 7 conditions, 21 findings and 11
conclusions.
Conditions:
1. The applicant shall construct a 95' tall tower that will support the intended
telecommunications use and the agreed upop ballfield light standard at Shane Park in the
1300 Block of West Eighth Street and will allow for co-location on the site by other
carriers. A building permit shall be obtained, and all standards for the proposed
construction shall be observed.
2. The support site shall be moved southwest ofthe tower location and shall be placed at
the direction of the City's Parks and Recreation Department in a manner prescribed by
the Department to ensure the least impact to existing mature vegetation. The support site
shall be fenced with a 6' tall chain link fence and shall be screened with 5' to 6' tall
evergreen rhododendron shrubs or Viburnum tin us in the manner shown on the
landscaping plan submitted as part of the application. Utility service shall be
underground at the applicant's expense.
Construction activities will be subject to the approval of the Parks and Recreation
Department so as to ensure that construction shall not interfere with scheduled activities
in the park.
3.
4.
Overhead wiring for field lighting on the north side of the park shall be placed
underground in conduit and reconnected at the lessee's expense. If desired, the City's
Public Works and Utilities Department may perform the work at the lessee's expense.
5. The lessee will spot and measure current lighting conditions on the ground prior to
removal of existing field lights. Lighting reinstalled on the new tower shall be adjusted
to meet current park and recreation industry standards for field lighting conditions. If
current light fixtures are found to interfere with operation of the cell tower, the lessee will
replace the light fixtures with those acceptable to the City at no cost to the City.
.
6. Per Section 17.52.090 Abandonment, the applicant shall post a performance bond for the
purpose of ensuring adequate removal of the tower upon termination of its use. The
performance bond shall be equal to or greater than 150% of the estimated cost of removal
of the tower and associated equipment but not less than $1,000. Proof of a performance
bond shall be submitted prior to final permit approval.
7. The tower and associated facilities must be maintained in good and safe condition under
the supervision of the City's Parks and Recreation Department. A hold harmless
agreement acceptable to the City Attorney shall be filed prior to any work on the lease
area site holding the City harmless with respect to the use operation and construction.
Findings
The following findings are based on the information provided in the June 26, 2002, Staff .
Report for UUP 02-01, including all of its attachments. Consideration was also given to
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June 26, 2002
Page 3
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the comments and information presented during the June 26, 2002, public hearing and the
Planning Commission's subsequent discussion and deliberation. Consequently, the City
of Port Angeles Planning Commission hereby finds:
1. The applicant, Cingular Cellular, applied for an unclassified use permit to replace
an existing 74' tall light standard with a 95' tall wireless telecommunication
tower/light standard, and to construct an associated base station. The application
is identified as Attachment B to the June 26, 2002 Staff Report for UUP 02-01.
2. The site is located in Shane.Park, a City owned and operated public park, located
in the 1300 block of 8th Street. The tower and base station are to be located south
of the park's softball fields just outside of a treed portion of the park. The base
station will be located within a privacy fence surrounded by landscaping within a
nearby copse of trees and will be placed at the direction of the City Parks and
Recreation staff.
3. The site will be unstaffed. Minimal traffic will be generated during the
construction phase which will be reduced to one visit per month by a field
engineer for routine maintenance.
4.
Section 17.52.025(A) Development of Towers of the Port Angeles Municipal
Code (P AMC) allows that telecommunication towers may be located in any zone
with approval of an unclassified use permit (UUP). Co-location shall be given
first priority and may be required.
5. Section 17.52.025(B) Development of Towers PAMC allows for
telecommunication towers to be constructed in the City's Public Buildings and
Parks zone to a height of 60'. Towers may be permitted in excess of 60' to 120' if
a modification is approved per Section 17.52.085 P AMC.
.
.
6. Section 17.52.085(B)(2) Modification of Development Standards requires that the
Planning Commission find:
(a) That the tower as modified will be compatible with and not adversely
impact public health and safety of surrounding areas.
(b) Off-site or on-site conditions exist which mitigate the adverse impacts, if
any, created by the modification.
(c) In addition, the Planning Commission may include conditions on the site
where the tower is to be located if such conditions are necessary to mitigate any
adverse impacts which arise in connection with the approval of the modification.
Section 17.52.085(B)(3) Modification of Development Standards requires that "In
the case of a request for modification of the height limit for towers or to the
minimum height requirements for antenna support structures, that the
modification is necessary to: (i) facilitate co-location of telecommunications
facilities in order to avoid construction of a new tower; or (ii) to meet the
coverage requirements of the applicant's wireless communications system, which
requirements must be documented with written, technical evidence from an
7.
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June 26. 2002
Page 4
engineer(s) that demonstrates that the height of the proposed tower is the .
minimum height required to function satisfactorily, and no tower that is taller than
120 feet shall be approved in any case."
8. The proposed tower will support three (3) flush mounted, omni-directional
antennas. The three (3) panel antenna array will be installed near the top of the
tower/light standard. Each panel is approximately 5' by 8" by 2" and is made of
nonreflective material. Coaxial cabling will run down the inside of the light
standard/tower from the antennas underground to the ground support structure.
9. The use of public property is subject to approval by the City and the City's
determination that the public's use of the site will not be unreasonably hindered
by the proposed activity. As the proposed site is a City park, the Planning
Commission will consider land use impacts of the site while the City's Parks and
Recreation Commission and City Council will decide lease and use issues. The
Parks and Recreation Commission has formulated a preliminary lease approval for
the proposal and their comments have been taken into consideration in the staff s
analysis.
The Comprehensive Plan Land Use Designation for the site is Open Space [OS].
The City's Comprehensive Plan and Land Use Map has been reviewed in its
entirety with regard to the proposed activity. Goals and policies found in the
Utilities and Public Services Element that address telecommunication and utility
services. Local governments are responsible for requiring information necessary
to evaluate both the individual and cumulative impacts of such proposals for
consistency with the Comprehensive Plan.
10.
.
11. The site is zoned Public Buildings and Parks [PBP]. Per Section 17.52 of the Port
Angeles Municipal Code, telecommunication towers are allowed uses through an
unclassified use permit process to a height of 60'. Heights greater than 60' to 120'
can be permitted through a modification process.
12. Section 704 of the Telecommunications Act of 1996 preempts local zoning
regulation purporting to regulate the placement, construction, and modification of
personal wireless service facilities on the basis, either directly or indirectly, on the
environmental effects of radio frequency emissions (RF) of such facilities which
otherwise comply with FCC standards. While state and local governments may
study the effects ofRF emissions, local authorities may not regulate the siting or
construction of personal wireless facilities based on standards that are more
stringent than those promulgated by the FCC. The City's State Environmental
Policy Act (SEP A) Official issued a Determination of Non significance (#991) for
the proposal on June 21,2002.
The proposed tower would extend approximately 20' to 25' above the existing tree
tops. The existing ballfield lighting standard would be replaced on the new tower
at approximately the same height as it currently exists on the new tower but may
be adjusted per ballpark industry standards.
13.
.
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Page 5
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14.
The Utilities and Public Services Element Goal A of the City's Comprehensive
Plan reads: "To provide or allow the opportunity for services and facilities which
enhance the quality of life for Port Angeles citizens of all ages, characteristics,
needs, and interests." Goal D is "To provide utility services in an efficient and
cost-effective manner."
.
15. Technical information was submitted with the application that includes criteria for
modification per Section 17.52.085 P AMC. The letter indicates that the site and
the increase in height are needed to support the coverage requirements of the
applicant's wireless communications system.
16. One letter of comment was received from a citizen during the public notification
and posting period which ran from May 24, 2002, through June 10, 2002. The
comment is included in staffs June 26, 2002, report and requests denial of the
application based on health and personal observations.
17. The Telecommunications Act of 1996 does not permit local interference with
telecommunication equipment based on speculative health concerns. Those issues
have been considered and decided upon by the Surgeon General's Office and are
addressed in the Federal Communication Commission's (FCC) licensure
requirements. The applicant is licensed by the FCC.
The site is a low power facility which will not be a source of interference with
electronic equipment including radios, televisions and telephone transmissions.
Non interference is ensured by the FCC.
18.
19. Addressing the potential negative aesthetic impacts can be addressed by site
location, structure height and design and vegetation preservation in order to
ensure the continued, scenic views and overall, environmental quality of Port
Angeles for its residents, as well as visitors.
20. Several light standard poles exist in Shane Park which are not spaced 750' apart
and are approximately 75' in height. The proposal would not therefore introduce a
structure that does not otherwise exist or exist with spacing any closer than what
now exists, but would allow the replacement of the existing wooden pole with a
steel pole upon which the existing ballfield lighting standard would be replaced.
The 20' extension in height will be buffered by mature vegetation located on the
site and the undulating topography of the area.
21. The support equipment area established for Voice Stream communications on the
same site, a distance of some 238' from the proposed site, is not large enough to
co-locate additional support equipment for the subject Cingular Cellular use. If
co-location of the support equipment site is required, a change would need to be
made to the lease arrangement with Voice Stream to enlarge the support site.
.
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Planmng Commlsszon Memo
June 26, 2002
Page 6
Conclusions
The following conclusions are based on the information provided in the June 26, 2002
Staff Report for UUP 02-0 I including all of its attachments.
A. The approval for modification of height to 95', as conditioned, is consistent with
the City's Comprehensive Plan, specifically the Utilities and Public Services
Element Goal A, Goal B, and Goal B. Policy 3.
B. The proposal is consistent with the standards of the City's Zoning and
Telecommunications Ordinances.
C. As conditioned, the modified tower/lighting standard is compatible with adjacent
land uses and allows for a dual use of the public facility including maintenance of
the new tower/pole and upgrade of the ballfield lighting amenity by the
proponent.
D. The proposal is not detrimental to the public interest and does not hinder the
public's use of the park. Established on-site vegetation and mature trees exist
which mitigate adverse visual impact.
E. The installation ofthis and other similar facilities expands the variety of
telecommunication services available to the community and region.
Potential negative visual impacts have been addressed by site location and
landscaping.
G. The applicant performed extensive testing at several locations throughout the area
during the winter and spring of 2002 to ascertain an appropriate location for the
tower placement. Radio frequency (RF) propagation maps submitted with the
application show signal levels at the proposed location and height need to be
higher than 80'. The proposed 95' height allows for future co-location of other
antennas consistent with City policies. The research indicates that customers
would have dropped calls and gaps in available coverage resulting in substandard
service if the facility were to be at a reduced height. The applicant also submitted
a series of photos of the site from various locations to establish the fact that the
proposed use would not be in visual conflict with other established structures in
the park. Tall trees located on the property camouflage the site from the
surrounding area.
F.
H. Public health concerns regarding frequency emissions are adequately regulated by
the Federal Communications Commission and not subject to local review.
I.
Strict enforcement of the 750' distance separation between the proposed and the
existing tower would place a new tower much closer to surrounding residential
uses. The clustering which would be permitted with the requested reduction in
the separation requirements is therefore in the public interest.
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June 26. 2002
Page 7
The City's Parks and Recreation Department has not requested the lighting
standard/telecommunication tower structure to be landscaped.
K. The proposed location and size of the Cingular Cellular support site will be less
visibly impactive than doubling the size of the existing support equipment site for
the established Voice Stream carrier and requiring co-location of support
equipment at that location.
J.
The motion was seconded by Commissioner Philpott, and carried 6-0.
Conditional Shoreline Substantial Development Permit - SMA 02-06 - Ehm
Architects. 201 West Front Street: Proposal to develop a hotel/conference center within
the shoreline area in the City's Central Business District.
Associate Planner Scott Johns presented the staff report.
Chair Schramm opened the public hearing.
Randal Jay Ehm, 2707 California Avenue Sw, Seattle. Mr. Ehm, proponent of the project
explained the nature of the proposal and discussed the issues that were being raise through the
review process. The building height and setback from the street were discussed and options
presented. Mr. Ehm indicated that the height of 66 feet was for only a portion of the structure
and that it was included in the design to hide mechanical equipment such as an elevator
penthouse, stairway access, HV AC equipment and other necessary items. Although the design
height could be reduced, the equipment would still be required and that without the architectural
feature to hide the equipment the structure would be less attractive.
The setback issue was being addressed through a redesign of the restaurant area and inclusion of
a street level outdoor eating area along Oak Street.
There being no further public comment, Commissioner Hewins moved to continue the
public hearing to the July 10, 2002 meeting. The motion was seconded by Commissioner
Norton, and carried 6-0.
Street Yacation Petition - STY 02-01. Clallam County Family YMCA. 302 South
Francis Street: Petition for vacation of that portion of the 3/4 alley abutting Lot 15 of
Lewis Mastick's Subdivision Block 63, and Lot 6, Block 3 Cain's Subdivision to the
Townsite of Port Angeles.
Director Collins referred to a memoranda from staff requesting that the issue be continued to the
July 10,2002 meeting of the Planning Commission due to scheduling problems with the City
Council Real Estate Committee.
Chair Schramm opened the public hearing. There were no public comments.
Commissioner Hewins moved to continue the hearing to the July 10, 2002 meeting. The
. motion was seconded by Commissioner Craver and carried 6-0.
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Page 8
PUBLIC MEETING:
.
Rezone Application - REZ 02-04 - Clallam County Family YMCA - East Fourth
Street: A proposal to rezone approximately 14,000 square feet of property from RS-7,
Residential, Single Family to PBP, Public Buildings and Parks zone in association with
the YMCA quasi-public use located at 302 South Francis Street.
Associate Planner Scott Johns presented the staff report.
Commissioner Hewins raised the point that quasi-public is not a defined term in the zoning
ordinance and questioned how it was determined which nonprofit enterprises might be
considered a 'quasi-public' entity and be given consideration that others might not receive.
Commissioner Philpott moved to approve Rezone REZ 02-04, with 11 findings and 4
conclusions.
Recommended Findings and Conclusions for REZ 02-04
Findings:
1. The applicant, Clallam County Family YMCA, is requesting a rezone of Lot 15,
Block 63, Lewis and Mastick's Subdivision of suburban Lot 22 and Lot 6, Block
3 of Cain's Addition, from RS-7, Residential Single Family, to PBP, Public
Buildings and Parks.
The subject site is comprised of two standard sized lots, 50' by 140' (total of
14,000 square feet) and both contain single family residences.
2.
.
3. The Comprehensive Plan designates both lots as Low Density Residential.
4. The Clallam County family YMCA has been in its current location since 1953.
5. Portions of the site of the existing YMCA were rezoned from RS-7 to PBP in
1997 and 1998.
6. The subject property is adjacent to the existing YMCA property and building.
7. Civic buildings and recreation facilities are permitted uses in the PBP zone.
8. The purpose of the PBP zone is as follows: "A zoning designation for publicly-
owned property, or property not suitable for development by reason of lts
topography, geology, or some unusual condition or situation. Much of the land so
designated may best be left as Green Belts. "
9. Due to the nature, size and desired distribution of public facilities throughout the
City, PBP zoned properties are found in a variety of Comprehensive Plan land use
designation, including the Low Density Residential designation.
10.
The SEP A Responsible Official issued a Determination of Non-Significance for
the proposal on June 20, 2002.
The public comment period for this application ran from May 26, 2002, to June
10, 2002. During this time, the Department of Community Development received
.
11.
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one letter from a neighbor expressing opposition to the proposed rezone.
This action constitutes a recommendation to the City Council, which has final authority.
Conclusions:
The following conclusions are based on the information provided in the June 26, 2002 Staff
Report for REZ 02-04 including all of its attachments.
1. Comprehensive Plan policies most directly related to the proposed rezone include:
Land Use Element Policies Al and 2, Cl, and 13, and Utilities and Public
Services Element Policies Al and B3.
2. The proposed rezone is consistent with the comprehensive Plan Land Use Policies
Al and 2, Cl, and 13; Utilities and Public Services Element Policies AI, B2, 3, 4,
C6; Conservation Element B3.
3. The proposed rezone is compatible with surrounding land uses and zoning
ordinance designations.
4. The rezone is in the public interest and is compatible with the surrounding zoning
and land use.
.
The motion was seconded by Commissioner Craver, and carried 5-1 with Commissioner
Hewins voting in opposition. Commissioner Hewins stated that he voted against the motion
because he felt that the YMCA was receiving special treatment that was not warranted by
their nonprofit status.
Following further discussion of the term quasi-public, the Planning Commission requested that
staff bring back a definition of 'quasi-public' to their next meeting.
COMMUNICATIONS FROM THE PUBLIC
There were no communications from the public.
STAFF REPORTS
.
Director Collins indicated to the Commission that staff was trying to monitor the number of
items on the Commission's agenda so that the meetings could be completed by 10:00 p.m. One
item will be continued from the July 10, 2002 meeting to the July 24, 2002 meeting. Staff has
had a request to make a presentation on the Hearing Examiner System and would like to schedule
that for the July 24,2002 meeting with the Planning Commission's indulgence. The Hearing
Examiner system would have an impact on the City budget. The County's Planning Director,
Andy Meyer, has been invited to attend the July 10, 2002 meeting to present his thoughts on the
Hearing Examiner system. The County uses a Hearing Examiner system and has in the past
encouraged the City to share in that system. It is expected that the Hearing Examiner system
would be a major item of discussion for the July 24, 2002 meeting
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Page J 0
REPORTS OF COMMISSION MEMBERS
Chair Schramm indicated that he had a conflicting meeting on July 10,2002 and would possibly
be late or not in attendance for that meeting. Vice Chair Hewins indicated that he thought that he
would be available for that meeting.
Chair Schramm asked about a use permit for a parking lot on Georgian Street, stating that he
recalled that conditions had been attached that limited the hours of operation. He stated that he
was aware that activity was taking place before the specified hour that was conditioned. He
would like the City to check on this for possible enforcement action.
Chair Schramm brought up the issue of animal control. The Animal Control Ordinance is up for
review. City has no off leash area and should provide an off leash area. Director Collins
indicated that Commissioner Schramm's comments would be passed on to the Parks Director.
Commissioner Philpott asked if the drug treatment facility on Melody Lane was meeting all the
conditions of approval all the time. Director Collins stated that the City has received similar
comments that had been passed on to the City Manager and a report was to be made to the City
Council, which he would be happy to pass along to the Planning Commission. Director Collins
suggested that the appropriate action would be to set up a meeting with their advisory committee
and have a face to face discussion. It would be appropriate for Planning Commission members
to attend such a meeting.
Commissioner Philpott asked if they were being monitored at this time. Director Collins
indicated that they were being monitored in several ways but there had been some irregularities
in their compliance with conditions, however there have not been serious violations of the
conditions. They would like to operate the outside exercise area differently than the conditions
would allow and there have been complaints that they have not always complied with the 'one
patient, one staff person' rule. The advisory committee recommended that the Planning
Commission revisit at least that condition. That condition may come back to the Planning
Commission and that the condition could be revised or an alternative solution more acceptable to
the community could be found. Neither the facility or the community has been happy with the
way it's been working.
Chair Schramm added that some community members have benefitted from its location and
existence. The overall concept and purpose they serve is a good one and credit for that should be
gIven.
ADJOURNMENT
The meeting adjourned at 9:35 p.m.
Brad Collins, Secretary
Chuck Schramm, Chair
PREPARED BY: S. Johns
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MINUTES
BOARD OF ADJUSTMENT
Port Angeles, Washington 98362
July 1, 2002
7:00 p.m.
CALL TO ORDER
Chair Gase called the meeting to order at 7:00 p.m.
Members Present:
Stan Harris, Louise Meyer, Barbara Gase, John Teichert
Members Absent:
Bill Rinehart
Staff Present:
Scott K. Johns
Public Present:
Mr. and Mrs. George Brittenham
APPROVAL OF MINUTES
.
Board Member Meyer moved to approve t1te June 3, 2002, minutes as submitted. The motion
was seconded by Board Member Harris and passed unanimously.
PUBLIC HEARINGS:
V AR 02-03 Society of St. Vincent de Paul 112 East Eighth Street: Request to reduce rear
setback requirement from 15 feet to 1.5 feet to allow a cover to be placed over and existing
loading area in the Community Shopping District (CSD) zone.
Board Chair Gase recused herself from the hearing, stating that she new several members of the 81.
Vincent de Paul Board of Directors and wanted to avoid the appearance of fairness issue.
Associate Planner Scott Johns presented the staff report recommending denial of the Variance
Application.
Vice Chair Meyer opened the public hearing.
George Brittenham, 691 Edgewood Lane, Port Angeles, introduced himself as the Director of S1.
Vincent de Paul Society and spoke in favor of the proposal, pointing out that the area was used for
storage of items that were dropped off for donation to S1. Vincent and that during inclement weather
items would get wet and loose value. He also stated that no other location on the site would suit the
purposes as well as the existing location. In response to questions from board members, Mr.
Brittenham indicated that, while the building did not extend to the property lines, there was not a
surplus of parking on the site and that constructing covered storage elsewhere on the site would
eliminate needed parking.
. There being no further public testimony, Vice Chair Meyer closed the public Hearing.
Board member Harris made a motion to approve V AR 02-03 (without including Findings
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July 1,2002
Page 2
and Conclusions).
The motion was seconded by Board Member John Teichert. The motion failed 2-1.
Vice Chair Meyer stated that the motion to approve the Variance failed, that the Variance was denied.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
Staff indicated that there were no issues for the Board to consider for an August meeting.
REPORTS OF BOARD MEMBERS
None
ADJOURNMENT
The meeting was adjourned at 7:40 p.m.
Scott K. Johns, Acting Secretary
Barbara Gase, Chair
PREPARED BY: S. Johns
298.
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MINUTES
BOARD OF ADJUSTMENT
Port Angeles, Washington 98362
July 5, 2002
SPECIAL MEETING
6:00 p.m.
CALL TO ORDER
Vice Chair Meyer called the meeting to order at 6:00 p.m.
Members Present:
Louise Meyer, Barbara Gase, Bill Rinehart, John
Teichert, Stan Harris
Members Excused:
Barbara Gase
Staff Present:
Sue Roberds
Public Present:
Mr. and Mrs. George Brittenham
OLD BUSINESS:
VARIANCE APPLICATION - V AR02-04 - ST. VINCENT dePAUL, 112 West
Eighth Street: Request for a reduction of the rear yard setback to 1.5 feet to cover and
enclose an existing loading area in the Community Neighborhood zone. (Continue
consideration of action.)
(Chair Gase excused herself at the previous July 1, 2002, hearing for the application as she
felt she had an Appearance ofFaimess with the application. She was present in the event of
lack of a quorum.)
Vice Chair Meyer opened the special meeting.
Board Member Teichert moved to reopen the public hearing. Board Member
Rinehart seconded the motion which passed 4 - O. Vice Chair Meyer reopened the public
hearing. Although the applicant Mr. Brittenham was in the audience, he noted only that he
was available for questions and had no further comment. There being no public testimony,
Vice Chair Meyer closed the public hearing.
Following brief discussion, Board Member Harris moved to approve the variance
subject to 14 findings and 4 conclusions as follows:
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Board of Adjustment Minutes
July 5. 2002
Page 2
Findings:
Based on the staff report, public review and comments, the Board of Adjustment's discussion
and deliberation, the Board of Adjustment hereby finds that:
1. An application for a setback variance was submitted by George Britenham for The
Society of St. Vincent de Paul, Queen of Angels Conference on May 24, 2002. The
application is included as "Exhibit 1" to the staff report.
2. The applicants are requesting a variance to the bulk and dimension standards set forth
in the Port Angeles Zoning Code for the CSD zone. Specifically, the applicants
request a reduction of the required IS-foot rear yard setback to 1 foot, 6 inches (1.5
feet) to allow for construction of a roof over an existing loading area.
The application materials state that the proposal would result in an additional 480
square feet of structure (roof area) being added to a currently nonconforming
structure that is located within the required rear yard setback.
The proposed roof would be supported by columns extending upward from an existing
stem wall that rises one foot above the alley surface grade. The stem wall currently
supports a chain link fence. The wall and fence are both located 1.5 feet from the rear
property line and no portion of the proposed roof will extend closer to the alley than
the existing wall and fence.
The property is located at 112 Bast Eighth Street and is legally described as Lots 7 and
8 and the south 60 feet of Lot 9 in Block 268 of the Townsite of Port Angeles and
measures 100' x 140' and 50' x 60' and is 17,000 square feet in size.
4.
5.
3.
6. Physical characteristics of the site include that the property is generally level, contains
a concrete and block one story commercial structure and parking area, and has street
and alley access.
7. The existing commercial structure is 1.5 feet from the rear property line adjacent to
the 8/9 alley.
8. There were no agency or department objections to the proposal, however, the structure
will have to meet Uniform Building Code requirements for fire resistance and the
enclosed loading dock will have to be fully protected by automatic sprinklers meeting
the requirement ofNFPA 13.
9. No written public comments were received at the time of printing the staff report.
10. The purpose of the Zoning Code is to implement the goals, policies and objectives of
the Comprehensive Plan by dividing the City into zones restricting and regulating the
location, construction, alteration of the use of structures and land, and to promote the
orderly and appropriate development of such areas. The proposed use is a permitted
use in the CSD zone under P AMC 17.22.040.
In order to grant a variance from the standards of the Zoning Code, the Board of
Adjustment must come to specific conclusions in accordance with Section 2.52.040
11.
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of the Port Angeles Municipal Code.
12. Land uses adjacent to the site consist of residential uses to the south, across the 8/9
alley, and commercial uses north of the 8/9 alley and on the north side of 8th Street.
13. In accordance with Sections 197-11-800 (6)(b) and 197-11-908 of the Washington
Administrative Code, and Chapter 15.04 of the Port Angeles Municipal Code, the
proposed variance application is categorically exempt from State Environmental
Policy Act threshold determination and environmental impact statement requirements.
14. A building permit was issued by the City of Port Angeles to allow the construction
of a storage area/loading dock within the required 15- foot setback on May 16, 1990.
The applicant is now asking to cover that area with a roof.
Based on the staff report, public review and comments, the Board of Adjustment's discussion
and deliberation, and the above listed fmdings, the Board of Adjustment hereby concludes
that:
Conclusions:
1. The proposal will not result in further protrusion into the required setback area but
would be limited to vertical roof supports and a roof over an uncovered area. The roof
and supports would not further. extend the foundation line of an existing structure that
is located within the setback. One other structure in the area is built to the property
line adjacent to the alley. The variance will not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and zOlle
and therefore meets the first criteria required for approval of a variance.
2. Because a legally CONstructed existing stem wall and loading dock currently exist that
would provide support for the proposed roof structure, the variance would allow for
the continuation of a nonconforming structure but would not result in an increased
intrusion into the required setback. The variance is being requested because of special
circumstances relating to the pre-existing location and development of the loading
dock/stem wall off the alley, not to physical constraints of the site topography, size,
shape, or surroundings of the subject property. A special circumstance therefore exists
given the partial development of the site through legal building permit process.
3. The proposed roof cover would adhere to current construction and fire code
requirements that maintain the public safety. Due to the addition of the roof above an
existing stem wall, fence, and recessed driveway within the required setback, and that
the structure would not increase the intrusion into the setback, the granting of such
variance will not be materially detrimental to the public welfare or injurious to the
property or improvements and therefore meets the third criteria necessary for approval
of a variance.
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July 5, 2002
Page 4
4. The proposed variance is in the public interest.
Board Member Teichert seconded the motion which passed 4 - O.
COMMUNICATIONS FROM THE PUBLIC
None
STAFF REPORTS
None
REPORTS OF BOARD MEMBERS
None
ADJOURNMENT
None
Sue Roberds, Acting Secretary
Barbara Gase, Chair
PREPARED BY: S. Roberds
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