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HomeMy WebLinkAbout3136ORDINANCE NO. 3136 AN ORDINANCE of the City of Port Angeles, Washington, amending the City's regulations for short plats, binding site improvement plans, and boundary line adjustments by amending Ordinances 2669, 3003 and 3122, 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 3122 as amended and Chapter 16.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.04.120 to read as follows: 16.04.120 Appeals. A. Any person aggrieved by the decision of the Community Development Director under Section 16.04.100 may appeal the decision to the City Council. B. Appeals shall be submitted to the Community Development Department in writing within fourteen days following the date of mailing the decision to the applicant. C. The City Council shall hear conduct an open record public hearing on the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. D. The time period for considering administrative appeals shall not exceed 90 days for an open record appeal: provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. Section 2. Ordinance 3122 as amended and Chapter 16.04 of the Port Angeles Municipal Code are hereby amended by amending PAMC16.04.150 to read as follows: 16.04.150 Plat Occupant _ - - • • • • • • i If the developer of a plat elects to 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 clone completed to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued to the developer 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 dwelling units will be allowed until all street and utility improvements have been completed and approved by the City Engineer. 1 Section 3. Ordinance 3003 as amended and Chapter 16.10 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.10.100 to read as follows: 16.10.100 Appeals. A. Any person aggrieved by the decision of the Community Development Director or the Planning Commission may appeal the decision to the City Council. B. Appeals shall be submitted to the Community Development Department in writing within fourteen (14) days following the date of mailing of the decision to the applicant and shall be accompanied by the required fee as set forth in Chapter 3.70 PAMC. C. The City Council shall hear conduct an open record public hearing on the appeal, and may uphold, reverse, or modify the decision and shall set forth written findings of fact. D. The time period for considering administrative appeals shall not exceed 90 days for an open record appeal; provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. Section 4. Ordinance 2669 as amended and Chapter 16.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.12.03 to read as follows: 16.12.030 - Definition. A boundary line adjustment is defined as a division of land made for the purpose of alteration by adjusting boundary lines, between planned or unplatted 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 and may be accomplished in nonconforming situations when the degree of nonconformity is not increased. Section 5. Ordinance 2669 as amended and Chapter 16.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.12.060 to read as follows: 16.12.060 - Community Development Department Decision. The 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 lots, or other factors with respect to zoning standards; D. The boundary line adjustment makes provision for all necessary utility easements; E. The adjusted lots meet the requirements of the Short Plat Ordinance, Chapter 16.04 PAMC, with respect to configuration and access to public streets; or if the existing lots do not 1 - 2 - ,IT meet these requirements, the adjusted lots shall not increase the degree of nonconformity. The Community Develpment 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 §1 (part), 1/17/92.) Section 6. Ordinance 3122 as amended and Chapter 16.12 of the Port Angeles Municipal Code are hereby amended by amending PAMC 16.12.070 to read as follows: 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. Full surveys are not required for boundary line adjustments when a single property line is involved. The mylar shall show property lines and dimensions, showing the new corners 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 Community Development Director and Public Works and Utilities Director. A copy of the recorded survey shall be provided to the Community Development 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, tracts, parcels, or division. Rather, the land described herein shall merge or be integrated into abutting property presently owned by the grantee(s)." Section 7. Ordinance 3122 as amended and Chapter 16.12 of the Port Angeles .. Municipal Code are hereby amended by amending PAMC 16.12.080 to read as follows: 16.12.080 - Appeals. A. Any person aggrieved by the Decision of the Community Development Director under Section 16.12.050 may appeal the decision to the City Council. B. Appeals shall be submitted to the Community Development Department in writing within thii ty (30) fourteen days following the date of mailing the decision to the application applicant. C. The Planning Cominissioii City Council shall hcar conduct an open record public hearing on the appeal, and uphold, reverse, or modify the decision; and shall set forth written findings of fact. pter. • 1 1 . 111 Such recommendation shall include written findings of fact. D. •1 incetmg following rcccipt of-the 3 The time period for considering administrative appeals shall not exceed 90 days for an open record appeal: provided, however, that parties to the appeal may agree to extend the time period. The Council's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. Section 8. Severability. If any provision 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 9. 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 4th day of February, 2003. ATTEST: Becky n oi C_� 1.A tY APPRO D AS TO FORM: /: Craig D. Knutn, City Attorney PUBLISHED: February 9, 2003 By Summary 3:1Legal_ Backup\ ORDINANCES &RESOLUTIONS12002 -36. ord.wpd 'ebruary 5, 2003 -4 MAYOR Summaries of Ordinances Adopted by the Port Angeles City Council on February 4, 2003 Ordinance No. 3135 This Ordinance ofthe City of Port Angeles, Washington, increases the allowable distance within which off - street parking spaces may be provided, allows for an exception to hard surface parking surfaces in the Industrial Heavy Zone, and amends Ordinance 1588 as amended and Chapter 14.40 of the Port Angeles Municipal Code. Ordinance No. 3136 This Ordinance ofthe City of Port Angeles, Washington, amends the City's regulations for short plats, binding site improvement plans, and boundary line adjustments by amending Ordinances 2669, 3003 and 3122, as amended, and Title 16 of the Port Angeles Municipal Code. Ordinance No. 3137 This Ordinance of the City of Port Angeles, Washington, amends the City's Zoning Code regulations for family day care homes and for maximum building heights within the Central Business District by amending Ordinance 1709 as amended and Title 17 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. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton City Clerk Publish: February 9, 2003