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HomeMy WebLinkAbout2396• • ORDINANCE NO. jZ3Ct(0 AN ORDINANCE of the City of Port Angeles annexing approximately 454 acres contiguous to the City of Port Angeles south and west of Fairchild International Airport. WHEREAS, the necessary petition has been filed with the City of Port Angeles requesting annexation of the following described area to the City of Port Angeles which is contiguous to the City; and WHEREAS, the necessary legal steps in connection with said petition have been completed including the holding of a public hearing on said petition after due and legal notice thereof; and WHEREAS, the requirements of Chapter 43.21C RCW have been met; and WHEREAS, the Council of the City of Port Angeles believes that it is in the best interests of the City and its residents that said petition for annexation be granted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. The following described area is hereby annexed to the City, provided the conditions described in Sections 2, 3, and 4 are met: Those portions of Sections 6 and 7, Township 30 North, Range 6 West, W.M., and those portions of Sections 1 and 12, Township 30 North, Range 7 West, W.M., all in Clallam County, Washington, and described as follows: Beginning at the northwest corner of the South half of the North half of the Southwest Quarter of the North- west Quarter of said Section 1; thence South along the west line of said Section 1 to its intersection with the east margin of the existing County Road known as the "Lower Elwha Road "; thence South along said east margin to its intersection with the north margin of the existing County Road known as "Edgewood Drive "; thence East along the north margin of said Edgewood Drive to its intersection with the west margin of the existing County Road known as "Critchfield Road "; thence North along said west margin and the prolongation thereof to the south line of Government Lot 5 of said Section 1; thence East along said south line and the south line of Government Lot 6 of said Section 1, to the southeast corner of said Section 1, said corner being common to Sections 1 and 12, Township 30 North, Range 7 West, W.M., and Sections 6 and 7, Township 30 North, Range 6 West, W.M.; thence south along the west line of Section 7, to the southwest corner of the North half of the Northwest Quarter of the Northwest Quarter of said Section 7; thence East along the south line of said North half of the Northwest Quarter of the Northwest Quarter, to the east line of said Northwest Quarter of the Northwest Quarter; thence East along the north line of the South half of Government Lot 5 in said Section 7, to the northeast corner of the Southwest Quarter of said Government Lot 5; thence South along the east line of said Southwest Quarter of Government Lot 5, to the north margin of said Edgewood Drive; thence East along said north margin to its intersection with the east line of said Section 7; thence North along said east line to the south line of the Townsite of Port Angeles, as recorded in Volume 1 of Plats, page 27, records of Clallam County, Washington; thence Westerly along said south line to the southwest corner of said Townsite of Port Angeles; thence Northerly along the west line of said Townsite of Port Angeles, to its intersection with the easterly prolongation of the north line of the South half of the North half of the Southwest Quarter of the Northwest Quarter of said Section 1; thence West along said prolongation and along said north line of the South half of the North half of the Southwest Quarter of the Northwest Quarter of said Section 1, to the point of beginning; EXCLUDING ANY PORTION OF LOWER ELWHA ROAD AND EDGEWOOD DRIVE RIGHTS -OF -WAY. Section 2. The area shall bear the outstanding indebt- edness of the City contracted prior to or existing at the effective date of this Ordinance. Section 3. The property shall be zoned LI, Light Industrial; M -2, Heavy Industrial; and PBP, Public Buildings and Parks, as set forth in the attached Exhibit "A ". Section 4. Development within the area shall be in accordance with the terms of the Annexation Agreement and Master Plan, which are attached hereto as Exhibit "B ". Section 5. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the —3 day of , 1986. ATTEST: Sherri L. Anderson, Acting City Clerk APPRQ'ED AS TO FORM: Craig D.\Knutson, City Attorney PUBLISHED: • cL RR ip � e, MAY R • EXHIBIT "A" Legal description for DelHur West Annexation Zoning: LI - Light Industrial District: That portion of Section 1, Township 30 North, Range 7 West, W.M., in Clallam County, Washington, and described as follows: Beginning at the northwest corner of the South half of the North half of the Southwest Quarter of the North- west Quarter of said Section 1; thence South along the west line of said Section 1 to its intersection with the east margin of the existing County Road known as the "Lower Elwha Road "; thence South along said east margin to the south line of said Section 1; thence east along said south line of said Section 1 to the westerly top of bank of the Dry Creek Ravine; thence northerly along said westerly edge of the top of bank of the Dry Creek Ravine to the south line of the Townsite of Port Angeles, as recorded in Volume 1 of Plats, page 27, records of Clallam County, Washington; thence Westerly along said south line to the southwest corner of said Townsite of Port Angeles; thence Northerly along the west line of said Townsite of Port Angeles, to its intersection with the easterly prolongation of the north line of the South half of the North half of the Southwest Quarter of the Northwest Quarter of said Section 1; thence West along said prolongation and along said north line of the South half of the North half of the Southwest Quarter of the Northwest Quarter of said Section 1, to the point of beginning. EXCLUDING ANY PORTION OF THE LOWER ELWHA ROAD RIGHT -OF- WAY AND EXCLUSING THOSE AREAS DESIGNATED AS THE DRY CREEK RAVINE. M -2 - Heavy Industrial District Those portions of Sections 6 and 7, Township 30 North, Range 6 West, W.M., and those portions of Sections 1 and 12, Township 30 North, Range 7 West, W.M., all in Clallam County, Washington, and described as follows: Beginning at a point on the south line of said Section 1 and its intersection with the east margin of the existing County Road known as the "Lower Elwha Road "; thence South along said east margin to its intersection with the north margin of the existing County Road known as "Edgewood Drive "; thence East along the north margin of said Edgewood Drive to its intersection with the west margin of the existing County Road known as "Critchfield Road "; thence North along said west margin and the prolongation thereof to the south line of Government Lot 5 of said Section 1; thence East along said south line and the south line of Government Lot 6 of said Section 1, to the southeast corner of said Section 1, said corner being common to Sections 1 and 12, Township 30 North, Range 7 West, W.M., and Sections 6 and 7, Township 30 North, Range 6 West, W.M.; thence south along the west line of Section 7, to the southwest corner of the North half of the Northwest Quarter of the Northwest Quarter of said Section 7; thence East along the south line of said North half of the Northwest Quarter of the Northwest Quarter, to the east line of said Northwest Quarter of the Northwest Quarter; thence East along the north line of the South EXHIBIT "A" (cont) half of Government Lot 5 in said Section 7, to the northeast corner of the Southwest Quarter of said Government Lot 5; thence South along the east line of said Southwest Quarter of Government Lot 5, to the north margin of said Edgewood Drive; thence East along said north margin to its intersection with the east line of said Section 7; thence North along said east line to the south line of the Townsite of Port Angeles, as recorded in Volume 1 of Plats, page 27, records of Clallam County, Washington; thence Westerly along said south line to the westerly edge of the top of bank of the Dry Creek Ravine; thence southerly along said easterly edge of the top of bank of the Dry Creek Ravine to the south line of said Section 1; thence west along the south line of said Section 1 to the point of beginning. EXCLUDING ANY PORTION OF LOWER ELWHA ROAD AND EDGEWOOD DRIVE RIGHTS -OF -WAY AND EXCLUDING THOSE AREAS DESIGNATED AS THE DRY CREEK RAVINE. PBP - Public Buildings and Parks Zoning Those portions of Sections 1 and 12, Township 30 North, Range 7 West, W.M., all in Clallam County Washington, and described as follows: Those areas on each side of the top of the bank of the Dry Creek Ravine or 15 feet on each side of the centerline of Dry Creek, whichever is greater; north of Edgewood Drive and meandering northerly and westerly to the north line of the south half of the north half of the southwest quarter of the northwest quarter of said Section 1; including all that part of the west tributary of Dry Creek from the Lower Elwha Road to its intersection with said Dry Creek Ravine. • • EXHIBIT "B" ANNEXATION AGREEMENT THIS AGREEMENT, made this 21 day of APRIL , 1986 , by and between the'City of Port Angeles, a Municipal Corporation, hereinafter known as the "City "; and Port of Port Angeles, a Washington Corporation, hereinafter known as "Owners "; WITNESSETH: WHEREAS, the Owners own the property contiguous to the City as shown on the attached Master Plan marked Exhibit "A ", and as legally described in the Annexation Petition attached as Exhibit ' "8 "_, herein- after known as the "Area "; and WHEREAS, certain Owners have petitioned for annexation to the City of their property known as the Area, and the necessary hearings have been held in connection therewith; and WHEREAS, the requirements of Chapter 43.21C RCW have been met; and WHEREAS, the Environmental Impact Statement prepared in compliance with Chapter 43.21C RCW identified critical impacts of annexation and subsequent development that may require mitigating measures during future permit review; and WHEREAS, the Owners and the City are desirous of setting forth in writing certain matters they have agreed upon; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants herein contained, IT IS AGREED as follows: 1. The Owners recognize that the City shall incur no liability to them should the Area not be annexed. They nevertheless covenant that the terms and conditions of this Agreement shall apply should the Area be annexed. 2. The Owners agree to develop the property in accordance with the Master Plan attached to this Agreement as Exhibit "A" and to be bound by the concepts and conditions set forth therein. • 3. The Master Plan attached to this Agreement as Exhibit "A" shall be used by the City and the developer as a guideline for future development and future permit consideration and approval, but shall not necessarily be binding upon the parties to the Agreement subsequent to the approval of the annexation proposal. If, in the opinion of the City, conditions upon which the Master Plan was premised change sufficiently, prior to a future permit approval, to warrant deviation, the City and the developer may modify the Master Plan in the process of F7- - - ^7 1 if $111' • • future approvals for development within the annexed property, to meet the altered conditions. 4. The execution of this Agreement shall not affect the require- ments that future development of the area shall be done in compliance with all applicable State laws and City ordinances in effect at the time of submittal of a valid application for site development. 5. The Owners agree that all of the provisions and conditions of this Agreement apply to this annexation and they, their transferees, heirs or representatives will abide by them. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. PORT —AK PORT ANGELES BY: lIiam Wilbert 2xxxmxIorxxIa2MaxxIx=mxie Administrator, Estate_of Jack DelGuzzi and President of DelHur -, Inc. CITY OF PORT ANGELES BY: `"1K11,1 1 . ATTEST: AMNUrI2j./ Sherri L. Anderson, Acting City Clerk EXHIBIT "B" MASTER PLAN Critical Impacts of Annexation and Subsequent Development That Mav Reuuire Mitigating Measures During Future Permit Review The following critical impacts of annexation and subsequent develop- ment that may require mitigating measures during future permit review were identified during reviews held in conformance with the requirements of the laws of the State of Washington, including but not limited to Title 35A RCW and Chapter 43.21C RCW, in consideration of the proposed annexation identi- fied in City files as (A- 83(3)1): of i) The installation of sanitary sewer service to the area shall be in general conformance to the recommended Alternative 3 of the DelHur Annexation Sewer Service Plan in the EIS and the require- ments of Washington State and the Public Works Department. ( ii) Potential storm water runoff presents a critical impact to Dry Creek. Therefore, prior to any development approvals, plans for addressing collection, discharge and water quality of that storm water shall be approved by the City of Port Angeles. ( iii) Industrial development could severely impact the natural habitat of Dry Creek. Intensive development shall not occur in PEP-zoned property, and vegetative cover shall be maintained. ( iv) Thirty -five feet of property as measured from the centerline of Edgewood Drive shall be dedicated to the City for street and utility purposes. ( • v) Thirty feet of property as measured from the centerline of Lower Elwha Road shall be dedicated to the City for street and utility purposes. ( vi) When development in the annexation area generates traffic volumes that cause service level problems at the intersection of Edgewood Drive, Airport Road and Lauridsen Blvd., the property owners in the annexation area may participate in a cooperative resolution of the problem, such as an L.I.D. ( vii) The owners shall request electrical energy be supplied by the City of Port Angeles; (viii) Additional impacts have been identified in the annexation EIS. This listing of critical impacts in the Master Plan does not preclude reference to the EIS at the time of a development pro- posal and resulting mitigating conditions being attached to any such proposal. Nor does this Master Plan prevent the attachment of additional conditions as part of the normal development permit process in the City of Port Angeles. ( ix) Edgewood Drive and Lower Elwha Road are in the County; mainten- ance issues between City and County should be resolved during the development permit review process and prior to approval. x) To mitigate the extended response distances, every new structure shall install automatic fire sprinkler systems; provided, how- ever, that the City may waive the sprinkler requirement if the following conditions are met: a. The building is classified non - habitable; b. There is no hazardous materials storage; c. Any use of existing water is interim only and new water service shall be from the City; • • 'd. There are no major extensions of the system; / e. Waiver would not change the City's ISO fire insurance rating, either cumulatively or individually. ( xi) New development abutting Lower Elwha Road and Edgewood Drive shall install a buffer. Said buffer shall be 35 feet in width with an 8 -foot high landscaped and planted berm, as measured from the level of the adjacent road; or a landscaping plan including vegetation, fencing and similar design elements that provides visual screening to a height of 8 feet within the 35 -foot setback area. Said buffer shall also be designed so that the associated industrial use complies with the State noise requirements as identified in Chapter 173 -60 WAC. Said buffer shall be main- tained by the property owner for the lifetime of the project. The Planning Department shall evaluate the landscape plan to assure that it creates the visual screening_and° noise buffering stipulated above. Said landscaping plan shall be approved by the Planning Department prior to the issuance of a building permit. Where no building permit is required for a development, a land- scaping plan approved by the Planning Department shall be accom- plished within one year of the inception of the use. ( xii) The proposed interior access road shall not connect to Lower Elwha Road, except if approved by Clallam County or Lower Elwha Road is within the City limits. (xiii) A single - family residence may be permitted on a large industrial lot, provided a residential sprinkler system is installed and the residential use is associated with the industrial use. ( xiv) New development shall provide a 25 -foot setback with a visually obscuring landscape buffer around pre- existing single - family residences in the Light Industrial District. Said landscaping plan may include vegetation, fencing and similar design elements that provide visual screening and noise reduction that complies with Chapter 173 -60 WAC. Said landscaping plan shall be approved by the Planning Department prior to the issuance of a building permit. Where no building permit is required for a development, a landscaping plan approved by the Planning Department shall be accomplished within one year of the inception of the use. • Op LOWER ELWIIA ROAD o I O C] 0 Pt!!ItPPRl“111111 !I1" I^,TJ II?IPI 11F rmmm�mmnnrtnl mmn1ln Ir { I!I II.I!i lill�l; I; �I, I!II !II p +mrt!Int/tl(ft11111 IAllIl111.1111 0