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HomeMy WebLinkAbout2731ORDINANCE NO. 2731 AN ORDINANCE of the City of Port Angeles approving a final Planned Residential Development south of Highway 101, east of Peninsula Golf Club. WHEREAS, the Planning Commission of the City of Port Angeles has held a public hearing and recorded its recommendation to the City Council in the Planning Commission minutes of October 14, 1992; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21C RCW) have been met; and WHEREAS, the City Council, after a public meeting, finds that said Planned Residential Development is consistent with the Planned Residential Development, as conditionally approved by the City Council on April 2, 1991; and meets the requirements of Chapter 17.70 of the Port Angeles Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. The Official Zoning Map (Ordinance No. 2158) is hereby amended to identify the following described property as a Planned Residential Development: Parcels 1, 2, 3, 5, 6, 7, and 8 of the survey of Ennis Creek Estates recorded November 7, 1985, in Volume II of surveys, page 44, under Auditor's File No. 572387, records of Clallam County, Washington, being a survey of a portion of Sections 12 and 13, Township 30 North, Range 6 West, W.M., Clallam County, Washington. Section 2. Final approval of the PRD, which is attached to this Ordinance as Exhibit "A" and is incorporated herein by this reference, is granted, subject to conditions and findings set forth in Exhibit "A ". Section 3. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file a certified copy of this Ordinance with the Clallam County Auditor. -1- (5) Section 4. This Ordinance shall become effective five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of December , 1992. ATTEST: Becky J Up , C ' ty Clerk APPR OVED, AS TO FORM: ///A/O*7-4: Craig D. (nutson, City Attorney PUBLISHED: December 20, 1992 PLAN . 5 6'1 (By summary) Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 Conditions 1. The 150 -foot buffer along Ennis Creek shall remain totally undisturbed, except for the trail noted in Condition #2, and shall be measured from the ordinary high water mark of Ennis Creek. Grading or other disturbance affecting the buffer area must be in accordance with and permitted by the Department of Fisheries, with approval to be given prior to any construction in the 150 foot buffer area. 2. The Watershed Company's trail proposal as approved by the Department of Fisheries shall be constructed with the elimination of the trail connection to the Port Angeles School District property and the lighting to the trail. The trail shall include a five - strand wire fence between the trail area and the east side of Ennis Creek, as previously approved by the Department of Fisheries. This five - strand wire fence shall be connected to a chain link fence located along the eastern and northern property boundaries east of the 150 -foot buffer and across the 150 foot buffer on the north property line. Enhancements of protective habitats (i.e., holes, pools, etc.) for anadromous fish shall be provided per Department of Fisheries' approval. Prior to Final PRD approval by the City Council, the applicant shall submit for review and approval plans showing location and design of the trail, bridge, fencing, viewing platforms, topography of the trail and its immediate vicinity and a plan for minimizing disturbance of vegetation including significant trees, slopes and Ennis Creek. All of these elements shall be included in a detailed site plan for Lot #2. 3. A slatted chain link fence shall extend along the 150 -foot buffer on the west side of Ennis Creek and along the east, north, and south property lines, except for inside the 150 - foot buffer and wetlands areas. The chain link fence shall be continued between Lot 25 and Lot 29 if the property owners (Dr. and Mrs. Mantooth) provide an easement for a fence. However, the easement will not be a condition of approval. Fencing required in this condition and Condition No. 2 shall be installed prior to occupancy of any building. 4. The minimum area for lots 4 -24 and 27 -31 shall be 7,000 square feet. Setbacks for all single family dwelling units shall conform to the underlying RS -9 zoning district except that attached single family dwelling units are permitted. 5. Multi- family buildings two stories or less shall be located no closer than 10 feet to a street; no multi - family structure 1 Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 three stories or more shall be located closer than 25 feet to a street; no structure shall be located closer than 25 feet from external property lines, with the exception of the building located west of DelGuzzi Drive, opposite William Place. The final plat and site plan shall be revised showing all building footprints in compliance with these setbacks. The final plat shall be revised showing all building footprints as meeting the setback requirements. 6. An erosion control bond and a bond or equivalent measure to allow for restoration of sensitive areas disturbed during the construction process shall be required prior to issuance of any building permits. 7. At such time as a public trail system is developed adjacent to Ennis Creek, that portion of the PRD trail connecting to the public trail shall be dedicated to the public by the homeowners' association. 8. Signage shall be provided as determined by City staff in conjunction with the Departments of Wildlife and Fisheries in order to restrict access to the environmentally sensitive creek area. 9. All inhabitable structures shall be sprinklered. 10. A sight- obscuring or vegetative screening fence, as well as asphalt paving shall be provided around the RV parking area. Landscaping shall include an approved mix of shrubs and trees. 11. Development of the PRD shall not deny future access to the Morse and Niichel - Hurworth properties. Access shall be made available at fair market value. Potential access to both of these properties shall be shown on the final plat and shall be twenty five feet wide. 12. The trail shall be conditioned to include potential public dedication and /or abandonment if proposed mitigation proves inadequate to the Department of Fisheries in reducing adverse impacts to the fisheries resource in Ennis Creek. 13. Prior to issuance of building permits for any structure designed for human occupancy within the PRD, the applicant shall submit a detailed geotechnical foundation report which relates the ability of the building sites to support structures and which is prepared by an engineering firm licensed in the State of Washington as specializing in -2- Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 geotechnical /foundation engineering. The seasonal timing of any specific site work should be considered in the report. 14. Prior to the issuance of any building permit for structures or site work for the PRD, the applicant shall install improvements to the satisfaction and approval of the City Engineer as required by a surface water drainage and control plan prepared by a licensed engineer and approved by the Department of Fisheries and the Public Works Department. 15. The surface water drainage and erosion control plan shall address (SEPA) Mitigation Measures Nos. 4 -5, 8 -12, 15 -17, 19- 20, 59 -61, 69 and 71. 16. The location of the wetlands and buffer on the south portion of the site shall be accurately delineated on the site plan. 17. The "Amended and Restated Ennis Creek Estates Declaration of Covenants, Conditions, Restrictions and Easements" (CC &Rs), shall be recorded with the final plat and a copy of the final recorded document provided to the Planning Department. The CC &R's shall be substantially in accord with the draft document dated July 1, 1992, with the following addition: 4.27 Zoning Ordinance. Nothing in this Declaration shall be construed to permit a use that is otherwise prohibited under the Zoning Ordinance or shall be construed to supersede any governmental regulations affecting the property. Add to section 11.4: The following provisions of this Declaration may not be amended without prior approval by the Port Angeles Planning Department to ensure consistency with the intent of the Zoning Ordinance: Section 1.28 (Native Growth Protection Area); Section 1.33 (Property); Section 1.36 (Steep Slope Area); Section 1.40 (Zoning Ordinance); Section 2.1 (The Property); Article IV (Use Covenants, Conditions and Restrictions on Property); Article V (Common Areas and Easements). Consent shall not be unreasonably withheld. 18. Building permits shall be conditioned to address Mitigation Measures Nos. 7 -9, 15 -17, 20 -26, 33 -49, 55 -56, 58 -66 and 68- 69. -3- Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 19. The phased development of the elderly housing units will be required to obtain a conditional use permit for any project specific facility. 20. The recommendations of the traffic study for the rezone shall be implemented, and PRD shall comply with the City's sidewalk standards. A sidewalk providing safe access from the south end to the north end of the entire PRD site shall be installed prior to occupancy of any building. 21. The phasing of development shall be done so that at the completion of each phase, the portion completed meets the requirements of a complete PRD. Phase I shall be revised to provide the required common open space and recreation facilities. 22. All roadway, sidewalk and recreational facility improvements needed to serve each phase shall be installed prior to recordation of the final plat for that phase unless the applicant provides an adequate bond or other acceptable means of security to ensure completion of the improvements. 23. The final trail location shall be consistent with the western alternative as shown on the trail plan. 24. The five strand fence shall be extended along both sides of the trail from the beginning of the loop, across the bridge and up to where the trail is near the pond on lot 1. Findings 1. The Comprehensive Plan, Zoning Code, and Subdivision Ordinance of the City of Port Angeles have been reviewed with respect to the proposed planned residential development. 2. The proposed PRD is situated on 36.5 acres of land zoned RMF, RS -9 and PBP. 3. The density and unit mix of the approved final PRD is the same as was granted preliminary approval: 140 multi- family dwelling units, 26 single - family residences, and a 40 unit retirement facility (which requires a conditional use permit), unless the reconfiguration of single - family lots which may be necessary to comply with Conditions Nos. 1 and 4 reduces the number of single - family residential units. 4. There are 12 acres of RMF zoned area in the PRD resulting in -4- Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 a density of 17.4 units /acre, compared to allowable RMF density of 28.2 units /acre. There are a total of 36.5 acres in the PRD resulting in an overall density of 5.7 units /acre, compared to allowable PRD density of 13.1 units per acre. 5. The City Council gave its preliminary approval to this PRD on April 2, 1991. On April 1, 1992, within one year of City Council preliminary approval, DelHur submitted an application for final PRD approval. In the process of the City's review of that application and in response to comments by City staff, DelHur has revised certain submissions and added others. The submissions of record include: (a) a title report showing record ownership of the PRD property in DelHur, Inc.; (b) a draft "Amended and Restated Ennis Creek Estates Declaration of Covenants, Conditions, Restrictions and Easements: prepared by Davis Wright Tremaine, dated July 1, 1992; (c) a site plan dated June 30, 1992, consisting of 3 sheets, prepared by LDG architects; (d) the final plat, consisting of seven sheets, prepared by Northwest Territories, Inc.; (e) a development schedule; and (f) a preliminary drainage plan and report prepared by Entranco. 6. The City's recommendation on final PRD approval shall be based upon compliance with Sections 17.70.140 and .150 of the Port Angeles Municipal Code. 7. Compliance with the SEPA mitigation measures has been addressed through installation of facilities, the PRD review process of the site design, and conditions of approval of the PRD. 8. The PRD is served by DelGuzzi Drive and utility improvements made through LID #211. 9. The total area of landscaped yards and community play area and recreational facilities provides for greater than 30% of the PRD site areas as common usable open space. 10. Lot 2 open space recreation area provides for approximately 35% of the PRD site as additional undisturbed or common usable open space. 11. Approximately 23 acres (62 %) of the site is left in its relatively undisturbed natural vegetation state. 12. The site plan has been modified for final approval. Bradford Drive was replaced by a new cul -de -sac and deeper lots. The -5- Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 change, as conditioned, maintains the 150 foot buffer from Ennis Creek and does not increase the number of attached and detached single family residences. The change does not decrease common open space or recreation areas. 13. Provisions for continuous maintenance and ownership of common open space areas and common and private PRD facilities have been included in the projects CC &R's. 14. The application for final PRD and plat approval was filed with the City of Port Angeles on April 1, 1992, which was within one year of the date of preliminary PRD and plat approval. Conclusions A. The proposed Ennis Creek Estates PRD is consistent with the Port Angeles Comprehensive Plan, specifically Goal No. 5; Residential Policies Nos. 2, 13 and 15; Open Space Policies Nos. 3 and 4. B. The proposed density of the PRD meets the allowances in Section 17.70.060 and should be approved consistent with mitigation measures of environmental impacts, Comprehensive Plan Policies, and Planned Residential Development purposes. C. The common usable open space provided by the PRD exceeds the required 30% and preserves on -site the unique natural feature of Ennis Creek. D. As conditioned, Lot 2 encompasses the trail and 150 -foot buffer areas. E. The proposed development, as conditioned, creates a residential environment of higher quality than that normally achieved by traditional development of a subdivision. F. Through buffers of undisturbed natural areas, landscaping, fencing and attached and detached single - family uses, the PRD will be compatible with adjacent existing and future uses and developments. G. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate as conditioned, to serve the proposed development. H. The proposed street system is adequate for the anticipated traffic levels and functionally connected to a principal -6- Exhibit "A" PRD 90(04)01 Adopted by the City Council 12/15/92 arterial. I. Phasing of PRD improvements is proposed, such as sidewalks and storm drain facilities. The phasing has been conditioned to ensure that improvements will be installed in a timely manner as they are needed. J. The proposed uses and lots satisfy the requirements for final subdivision approval. A conditional use permit is required for development of the retirement facility. K. The public use and interest will be served by the Planned Residential Development and the platting of the subdivision, which make appropriate provisions for the public health, safety, and welfare. L. The proposed CC &R's, as conditioned, adequately provide for maintenance of required common open space and other common improvements. M. As conditioned, the final PRD conforms with the approved preliminary PRD development plans and is in compliance with the requirements of PAMC 17.70.150 for final PRD approval. N. As conditioned, the final plat conforms with the approved preliminary plat. Summaries of Ordinances Adopted by the Port Angeles City Council on December 15, 1992 Ordinance No. 2724 This Ordinance of the City of Port Angeles creates a Law Enforcement Advisory Board, provides for the membership and duties of the Board, and creates a new Chapter 2.26 of the Port Angeles Municipal Code. Ordinance No. 2725 This Ordinance of the City of Port Angeles revises the Budget for the fiscal year ending December 31, 1992, establishes the Budget for the fiscal year ending December 31, 1993, establishes wages for 1993, and amends Ordinance No. 2664. Ordinance No. 2726 This Ordinance of the City of Port Angeles, from and after January 1, 1993, revises the tax upon the City's solid waste and water /wastewater utilities to a rate of seven percent of the total operation revenues of such utilities, and amends Ordinance No. 2183 and Section 5.80.040 of the Port Angeles Municipal Code. Ordinance No. 2727 This Ordinance of the City of Port Angeles revises gambling tax rates to seven percent for bingo and four percent of the gross receipts directly from the operation of punchboards or pulltabs, and amends Ordinance No. 1847 and Section 3.52.020 of the Port Angeles Municipal Code. Ordinance No. 2728 This Ordinance of the City of Port Angeles revises the penalty for overtime parking violations to Five ($5.00) Dollars, and amends Ordinance No. 2016. This Ordinance shall take effect January 1, 1993. Ordinance No. 2729 This Ordinance of the City of Port Angeles amends solid waste rates by 26 % for City residents and 31% for County residents and amends Ordinance No. 2317 and Chapters 13.54 and 13.56 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 1993. Ordinance No. 2730 This Ordinance of the City of Port Angeles imposes a 2.9 % surcharge on the rates for the sale of electricity to the Industrial Transmission rate class and amends Ordinance No. 2704 and Section 13.12.021 of the Port Angeles Municipal Code. Ordinance No. 2731 This Ordinance of the City of Port Angeles approves a fmal Planned Residential Development south of Highway 101, east of Peninsula Golf Club, legally described as Parcels 1, 2, 3, 5, 6, 7, and 8 of the survey of Ennis Creek Estates recorded November 7, 1985, in Volume II of surveys, page 44, under Auditor's File No. 572387, records of Clallam County, Washington, being a survey of a portion of Sections 12 and 13, Township 30 North, Range 6 West, W.M., Clallam County, Washington. Ordinance No. 2732 This Ordinance of the City of Port Angeles establishes procedures and regulations for entering into developer reimbursement agreements and establishes assessment reimbursement areas for water, sewer, storm sewer and street system improvements, amends Ordinance 1881, and creates a new Chapter 13.68 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise noted above, these Ordinances shall take effect five days after the date of publication of these summaries. Publish: December 20, 1992 Becky J. Upton City Clerk