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HomeMy WebLinkAbout3211ORDINANCE NO. 3211 AN ORDINANCE of the City of Port Angeles, Washington, approving Phase II of the Olympic Heights Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by Phase II (Lots 7 - 19) of the Olympic Heights subdivision and dedication; and WHEREAS, the City Council finds that, subject to the condition stated in the attached Condition, Findings, and Conclusions, Phase II of Olympic Heights makes appropriate provisions for the public health, safety and general welfare; and WHEREAS, the City Council finds that the public interest will be served by approval of Phase II of the Olympic Heights subdivision and dedication; and WHEREAS, the proponents of Phase II of the Olympic Heights subdivision and dedication have made appropriate provision for public improvements, as stated in more detail in the attached Condition, Findings, and Conclusions; and WHEREAS, the City of Port Angeles Public Works and Utilities Department has certified that there are adequate means for supplying water and for sewage disposal in the subdivision and dedication; and WHEREAS, the final subdivision and the estimate for bonding improvements have been accepted by the City Engineer of the City of Port Angeles; and WHEREAS, the City Council finds that, as conditioned, Phase II of the Olympic Heights subdivision and dedication conforms to all conditions of the preliminary plat approval -1- and that said Phase II of the Olympic Heights subdivision meets requirements of local and state law in effect at the time of the preliminary plat approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Condition, Findings, and Conclusions are hereby adopted and incorporated herein. Section 2. Phase II (Lots 7 - 19) of the Olympic Heights subdivision is hereby approved, subject to the condition referenced in Section 1 above. Upon satisfaction of the condition, the appropriate officers of the City of Port Angeles are hereby authorized to sign the final subdivision and authorize recording of the document with the Clailam County Auditor. 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 5th day of July , 2005. ATTEST: APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: July 10, 2005 By Summary G\LegelBaakup\ORDINANCES &RESOLUTIONS\ 2005- 27. OlympieHeighasSubdiv- Phase2062305 Richard A. Headrick, Mayor FINDINGS AND CONCLUSIONS IN SUPPORT OF OLYMPIC HEIGHTS SUBDIVISION PHASE II - FINAL: Condition: 1. A bond or assignment of savings in the amount of 150% of the engineering estimate to complete infrastructure improvements as required shall be submitted and approved by the City Engineer prior to final of Phase II of the subdivision. Wording such that "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer" shall appear on the face of the final plat. Findings: 1. A 32 -unit residential subdivision was approved in the RS -9 Residential Single Family zone on March 16, 2004 for Olympic Land Development, Inc. The preliminary subdivision was approved to be finaled in three phases: Phase I consists of Lots 1 - 6, Phase II consists of Lots 7 - 19, and Phase II consists of Lots 20 - 32. Conditions of approval were attached to preliminary plat approval to ensure that the requirements of the City's subdivision regulations, codified as Section 16.08 of the Port Angeles Municipal Code, and the State's subdivision standards, 58.17 RCW, are met 2. Phase I of the subdivision, entitled "Olympic Heights" was finaled by the City Council on November 16, 2004. 3. Section 16.08.070 of the Port Angeles Municipal Code allows that if a 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 PAMC 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 savings 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 shall 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 of the 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, the City may withdraw from the savings account or other security an amount necessary to complete the required improvement(s). The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust. 4. The applicants requested final of Phase II (Lots 7 - 19) of the subdivision on June 14, 2005, and submitted an assignment of savings equal to 150% of the cost of completion of the roadway and utility improvements per Section 16.08.050 PAMC as approved by the City Engineer. The City Engineer has approved the assignment amount relative to completion of the incomplete roadway and utility improvements. 5. The applicant submitted a letter on June 14, 2005, with regard to the improvement of 14th Street abutting the subdivision being developed as a standard street rather than to low impact development standards. Conclusion: A. As conditioned, conditions of subdivision approval have been met and therefore the subdivision is found to be in the public interest and in compliance with standards for subdivisions as set forth in RCW 58.17 and 16.08 PAMC. Adopted by the Port Angeles City Council at its meeting of July 5, 2005. Summaries of Ordinances Adopted by the Port Angeles City Council on July 5, 2005 Ordinance No. 3209 This Ordinance of the City of Port Angeles, Washington, amends Ordinance No. 3202, to amend the name of the Mountain View Subdivision to The Estates at Milwaukee. Ordinance No. 3210 This Ordinance of the City of Port Angeles, Washington, dissolves the Port Angeles Works Economic Development Steering Committee by repealing Ordinance 2982, as amended, and Chapter 2.66 of the Port Angeles Municipal Code. Ordinance No. 3211 This Ordinance of the City of Port Angeles, Washington, approves Phase II of the Olympic Heights Subdivision. 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, CMC City Clerk Publish: July 10, 2005