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HomeMy WebLinkAbout3234ORDINANCE NO. 3234 AN ORDINANCE of the City of Port Angeles, Washington, approving the final of Phase 2 of the Reidell II Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Reidell II subdivision and dedication; and WHEREAS, the City Council finds that, subject to the conditions stated in the attached Conditions, Findings, and Conclusions, Phase 2, of Reidell II subdivision, provides 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 2 of the Reidell II subdivision and dedication; and WHEREAS, the proponents of Phase 2 of the Reidell II subdivision and dedication have made appropriate provision for public improvements as stated in more detail in the attached Conditions, 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, Phase 2 of the final subdivision and the estimate for bonding improvements submitted for approval have been accepted by the City Engineer of the City of Port Angeles; and WHEREAS, the City Council finds that, as conditioned, Phase 2 of the Reidell II subdivision and dedication conforms to all conditions of the preliminary plat approval for Phase 2, the Developer's Agreement, and the 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 Conditions, Findings, and Conclusions attached hereby are adopted and incorporated herein. Section 2. Subject to the Conditions, Findings, and Conclusions, Phase 2 of the Reidell II subdivision is hereby approved. The appropriate officers of the City of Port Angeles are hereby authorized to sign Phase 2 of the final subdivision plat and authorize recording of the document with the Clallam 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 7th day of February, 2006. ATTEST: Becky J. on,'7 ity Cle APPROVED AS TO William E. Bloor, City Attorney PUBLISHED: February 12, 2006 By Summary G:\Legal_Backup \ORDINANCES &RESOLUTIONS\ 2005 -53. ReidellSubdivision (GreenCrow).Phase2.122305. wpd -2- CONDITION, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE REIDELL II PHASE 2 FINAL SUBDIVISION: Condition: 1. The bond amount for improvements of Phase 1 shall be reduced to equal that amount required for improvements for Phase 2 and applied to those improvements. Findings: 1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) outlines requirements for the submittal of final plats and sets forth local requirements for the approval of subdivisions. 2. Green Crow Properties submitted a request for final approval of Phase 2 of the Reidell II subdivision on December 16, 2005. The proposed Reidell II Subdivision site is located off of Mount Angeles Road near its intersection with Rook Drive. The property is identified as being Parcel A of Boundary Line Adjustment (BLA 01 -05A) for Green Crow Properties. The preliminary plat application includes a drawing received and dated March 4, 2004, prepared for Green Crow Properties by Wengler Surveying and Mapping Co., (provided in Attachment B) to the staff report, which was used as the basis for the preliminary plat review. The final plat will be entitled Reidell II Subdivision. 3. 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 school grounds, 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. 4. The Comprehensive Plan Land Use Map designates the subject site as Medium Density Residential. 5. The subject property is identified on the Port Angeles Zoning Map as Single Family Residential (RS -9), which allows a density of up to 4.84 dwelling units per acre and requires a minimum of 9,000 sq. ft. lots. 6. The Phase 2 final plat identifies 17 residential lots. The 17 residential building lots range in size from 9,016 to 31,886 square feet. The area also includes an area of drainage easement and a wetland and wetland buffer mitigation area. 7. Surrounding properties are developed with low density single family residential uses to the south and west, and a combination of single family and multi - family residential uses to the north of Campbell Avenue. Property adjacent to the east contains Whites Creek and ravine, an Environmentally Sensitive Area. The area adjacent to the north is being developed by Green Crow Properties as the Campbell Avenue Planned Residential Development. Several other parcels in the vicinity are undeveloped. Reidell II Phase 2 Condition, findings and conclusions Page 2 8. The site is currently served by Rook Drive, which is a local access street dedicated to the City with the approval of Phase 1 of the subdivision. Rook Drive will connect to Wabash Street via Eckard Avenue. Neither Rook Drive nor Eckard Avenue are fully developed at this time. A Developer's Agreement entered into on August 3, 2004, between the City of Port Angeles and Green Crow, Inc. for a future phase of the subdivision (Planned Residential Development) may allow for reduced right -of -way widths. A minimum street improvement of 20' with a minimum 4' all weather walkway along one side of the right -of -way is required for the development. Per the applicant's letter of December 16, 2005, the improvements will be made during late spring of early summer of 2006. The need for bonding rather than actual improvement at this point is to allow for the roadbed to settle prior to paving. The applicants have submitted an engineer's estimate in order to bond for this final improvement. The City Engineer has approved a bond for 120% (per the Developers Agreement) of the estimated completion costs for stormwater, street, and walkway improvements on lieu of actual construction. The appropriate portion of the bond accepted for completion of Phase 1 improvements will be rolled over to cover the proposed bonding for Phase 2 improvements. 9. The proposed final Phase 2 of the plat was reviewed by the City's Fire, Public Works and Utilities, Parks and Recreation, and Community and Economic Development Departments. Their comments have been incorporated into the Department's recommendation of approval. 10. Public notice of the final Phase 2 review was published on January 16, 2006, in the Peninsula Daily News and posted on the site on January 17, 2006, and mailed to property owners within 300 feet of the proposed subdivision on January 12, 2006. 11. The proposal has been reviewed with respect to the Comprehensive Plan. The subject property is identified as Medium Density Residential (MDR) 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.1 -B.4, Goal I, Policies I.1 -1.4, Objective I.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services Element Policy 2.0 and D.1; Housing Element Goal A; 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. 12. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A.9) and should require concurrency at the time of development for solid waste collection, stormwater management, telecommunications service, and emergency services (police, fire and emergency medical response) (Capital Facilities Element Policy A.10). 13. 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. 14. 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. 15. The Port Angeles School District No. 121 serves the area, and school capacity is currently not an issue with the present trend in declining enrollments. The Port Angeles Reidell II Phase 2 Condition, findings and conclusions Page 3 School District has been notified of the subdivision development to allow planning for needed school facilities and routes. 16. The City's Police, Fire, and Public Works Departments currently serve the site. 17. 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. 18. 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. 19. The City's State Environmental Policy Act (SEPA) Official issued a Determination of NonSignificance for the preliminary subdivision on May 6, 2004, satisfying the City's SEPA responsibility. 20. All necessary easements for access, drainage, and utilities are shown on the final plat. 21. The stormwater drainage improvements shall be installed per the City's Urban Services Standards and Guidelines. Storm drainage facilities shall be installed prior to or concurrently with other infrastructure development. 22. Address numbers are identified and placed on the final plat as provided by the City. 23. The face of the plat contains wording that "no occupancy of dwelling units shall be allowed until all roadway and utility improvements have been completed and approved by the City Engineer" for each phase of the subdivision. Conclusions: A. The conditions of the Reidell II Subdivision were required by the Subdivision Ordinance and necessary to implement the Comprehensive Plan goals and policies. B. 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 Zone. The subject site is located in an area with a grid street system and should be developed with low density housing units to achieve the desired urban design of the City. C. As conditioned, the final plat is consistent with the Comprehensive Plan and Zoning Code. D. As conditioned, the final plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. E. 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. F. 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 Reidell II Phase 2 Condition, findings and conclusions Page 4 Angeles consistent with the Growth Management Act and beneficial to the City's tax base. Adopted by the Port Angeles City Council at its meeting of February 7, 2006. Karen A. Rogers, Mayor Becky J. Upt•n, City Clerk T: \SUB\Reidell \phase 2 f &c.doc Summary of Ordinance Adopted by the Port Angeles City Council on February 7, 2006 Ordinance No. 3234 This Ordinance of the City of Port Angeles, Washington, approves the final of Phase 2 of the Reidell II Subdivision. The full text of the Ordinance is 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. This Ordinance shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: February 12, 2006