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HomeMy WebLinkAbout3237ORDINANCE NO. 3 2 3 7 AN ORDINANCE of the City of Port Angeles, Washington, approving the Planned Residential Development known as Peninsula Village PRD. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Planned Residential Development (PRD) known as Peninsula Village PRD; and WHEREAS, the City Council finds, subject to the attached Conditions, Findings and Conclusions, Peninsula Village PRD provides appropriate adequate 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 Peninsula Village PRD; and WHEREAS, the proponents of Peninsula Village PRD 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 development; and WHEREAS, the City Council finds that, as conditioned, Peninsula Village PRD conforms to all conditions of approval for the PRD, and that said PRD meets requirements of local and state law. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The attached Conditions, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. Peninsula Village PRD is hereby approved. The appropriate officers of the City of Port Angeles are hereby authorized to sign the final PRD documents. 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 ouncil held on the 7th day of March, 2006. ATTEST: Becky J. U. , 7y Clerk APPR(11VED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: March 12 , 2006 By Summary 7:\Legal_ Backup \ORDINANCES &RESOLUTIONS \2006- 06.PeninsulaVillage PRD- Subdivision.022806.wpd • aN/)/\ag MAYOR CONDITIONS, FINDINGS, AND CONCLUSIONS IN SUPPORT OF FINAL APPROVAL OF PENINSULA VILLAGE PRD SUBDIVISION: Conditions: 1. All conditions of preliminary approval shall remain in effect. 2. Fire hydrants shall be located per the Fire Department requirements. 3. A bond or other security measures acceptable to the City attorney in the amount of $206,000 ($137,499 X 150 %) for completion of infrastructure requirements shall be in place before final approval is granted. 4. Erosion and sedimentation controls shall be in place and properly maintained throughout the life of the project. If found to fail, work shall cease until the required measures are in place per City specifications regarding best management practices and process of the PRD reviews shall cease until the situation is rectified. 5. Inspection of the site to ensure that erosion and sedimentation control measures have been placed per the City's direction shall be done by the City on February 23, 2006. Work shall cease after a 24 -hour notification until the required measures are in place per City specifications regarding best management practices and process of the PRD reviews shall cease until the situation is rectified. Additionally, if the inspection fails and work is not under way to correct the short coming, an amount of money shall be set by the City Engineer to rectify the situation that will be added to the bonding described in Condition 3 such that the City shall perform the work. Findings: 1. Preliminary approval of the PRD and Subdivision was granted on June 1, 2004. A request for amendment was received on January 27, 2006. 2. The proposed amendment reduces the number of lots and increases the size of the lots from the design of the approved PRD and subdivision. 3. Port Angeles Municipal Code (PAMC) Chapter 17.19 sets forth the City's requirements for the approval of planned residential developments, and PAMC Chapter 16.08 sets forth the City's requirements for the approval of subdivisions. 4. 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. 5. The purpose of a planned residential development (PRD) is set forth in Section 17.19.010 as follows: Peninsula Village Conditions, Findings, and Conclusions March 7, 2006 Page 2 This Overlay Zone is to provide alternative zoning regulations which permit and encourage design flexibility, conservation and protection of natural amenities and critical areas, and innovation in residential developments to those regulations found in the underlying zone. It is intended that a Planned Residential Development will result in a residential environment of higher quality than traditional lot -by -lot development by use of a design process which includes within the site design all the components of a residential neighborhood, such as open space, circulation, building types, and natural features, in a manner consistent with the public health, safety, and welfare. 6. The proposed 15 -acre Peninsula Village Planned Residential Development (PRD) and Subdivision site is located on the south side of Lindberg Road and east of Golf Course Road. 7. The proposed amendment has been reviewed with respect to the Comprehensive Plan, Zoning Code, and Subdivision Ordinance. The Comprehensive Plan land use designations for the site is High Density Residential (HDR). The approximately 9.3 acre property in the first phase of the PRD was rezoned to RHD Residential High Density several years ago and is situated across Lindberg Road from Peninsula Golf Course, which is zoned PBP Public Buildings and Parks due to its open space characteristics. Other surrounding properties, including the second phase of the PRD, are zoned RS -9 Residential Single Family and either are developed with low- density residential uses or are undeveloped. 8. The City's Fire, Public Works, Parks and Recreation, and Community Development Departments reviewed the proposed amendment to the planned residential development and subdivision preliminary plat. 9. The proposal meets the minimum site size for a planned residential development, and only single family homes, which are permitted uses in the RHD Zone, are proposed. 10. The City's Police, Fire, and Public Works Departments currently serve the site. 11. 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. 12. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #1065) on May 7, 2004, satisfying the City's SEPA responsibility. 13. The applicant has submitted an engineers estimate for completion of improvements required by Section 16.08.070 PAMC in the amount of $137,499. 14. Section 16.08.050(B)(2) allows the developer to install or assure installation of the improvements required by Section 16.08.070 PAMC by furnishing to the City an assignment of a savings account 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 of savings account, other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. 15. Inspection of the site on February 17, 21, and 22, 2006, revealed that erosion and sedimentation practices on the site do not meet the City's minimum engineering standards. The applicant has been notified several times of this shortcoming. Peninsula Village Conditions, Findings, and Conclusions March 7, 2006 Page 3 Conclusions: A. The conditions of the Peninsula Village PRD and Subdivision are consistent with the Zoning Code, required by the Subdivision Ordinance, and necessary to implement the Comprehensive Plan. B. As conditioned, all the necessary public improvements will be installed per the City Urban Services Standards and Guidelines. C. As conditioned, the configuration of the proposed subdivision lots and street layouts conform to the desired urban design of the City for the residential developments in outlying areas where there is no grid street pattern and low impact development standards are allowed. The curvilinear private streets and cul -de -sac with a 25 foot paved surface and no parking along the streets reduce stormwater runoff and still provide adequate access for each residential lot. D. As conditioned, the utility services will be provided consistent with the Urban Services Standards and Guidelines and the Capital Facilities Element of the Comprehensive Plan level of service standards. Analysis of downstream sanitary sewer capacity has been provided that indicates no capacity improvements are needed for the additional 38 units of Peninsula Village PRD. E. The small lots proposed for the Peninsula Village PRD and Subdivision are desired for several reasons: 1) the geographical and BPA easement constraints on the site, 2) recovering City costs for ULID 215, 3) the mixed types of housing already located in the zone and vicinity, 4) the provision of affordable homes for new families and other first time home buyers, and 5) the lots satisfy the desired urban design of the City, except for their small size, which fits the density requirements of the RHD Zone and the PRD Overlay Zone. F. This is not the basic urban land use pattern for the City's higher density multi - family residential neighborhoods. The density is much more like a single - family residential neighborhood, and the street and block system is more like outlying areas, which are largely undeveloped. However, it is not atypical for this zone and vicinity where another small lot, single- family subdivision in the RHD Zone exists nearby. While it does not meet the high - density purposes of the RHD Zone, it does provide for a higher density single - family development with surrounding open spaces consistent with the PRD Overlay Zone. G. The Peninsula Village PRD and Subdivision provide an alternative residential development design to the basic single family residential neighborhood and the basic multi - family residential neighborhood in a manner that is affordable as starter homes for new families and other first time home buyers. Conditions are recommended that would satisfy the PRD standards that are not included in the proposal plans. H. As conditioned, the Peninsula Village PRD and Subdivision amended preliminary plat is consistent with the Comprehensive Plan and Zoning Code. As conditioned, the Peninsula Village PRD and Subdivision preliminary plat is in conformance with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, and the Washington State Subdivision Act, Chapter 58.17 RCW. Peninsula Village Conditions, Findings, and Conclusions March 7, 2006 Page 4 J. 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. K As conditioned, the public interest is served in the preliminary approval of planned residential development and platting of the subdivision as articulated in the City's Comprehensive Plan, Zoning Code, and Subdivision, Ordinance. The subdivision provides for development of new homes within the City of Port Angeles consistent with the Growth Management Act and beneficial to the City's tax base. The Peninsula Village PRD and Subdivision will recover funds expended by the City in support of ULID 215. L. The final drainage plan must be approved by the City Engineer, and the City's stormwater drainage standards will require that the proposed development not impact downstream properties anymore than pre- development conditions as requested by Peninsula Golf Course. The drainage and erosion control plans also are subject to the Department of Ecology NPDES permit. M. The project engineer is working with the Bonneville Power Administration, and BPA's comments reflect the expectation that the residential uses will be compatible. N. The PAMC Chapter 17.19 Planned Residential Development Overlay Zone and Chapter 16.08 Subdivision Regulations allow for variations from standards variations in street improvements, blocks, lots, and building line setbacks. Conditions are recommended where certain proposed variation should not be approved due to the small lot design, which allows for less on -site variation. O. The private street system, as allowed for a PRD, is proposed for Peninsula Village to minimize rights -of -way, stormwater drains, and/or pedestrian facilities that would be required for public streets. The 25 -foot wide paved private streets must be posted for no parking, since there is not adequate pavement to allow for anything more than service and emergency vehicle access as well as individual lot access. Immediate construction measures are necessary to correct poor erosion and sedimentation control on the site. The project is conditioned to direct immediate corrective action prior to authorization or approvals necessary for final of the PRD. Adopted by the Port Angeles City Council at its meeting of March 7, 2006. Karen A. Rogers, Mayor Becky J. Upt n, y Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on March 7, 2006 Ordinance No. 3237 This Ordinance of the City of Port Angeles, Washington, approves the Planned Residential Development known as Peninsula Village PRD. Ordinance No. 3238 This Ordinance of the City of Port Angeles, Washington, amends a portion of Title 15, as it relates to Flood Damage Prevention, of the Port Angeles Municipal Code. Ordinance No. 3239 This Ordinance of the City of Port Angeles, Washington, amends a portion of the Zoning Code, 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, CMC City Clerk Publish: March 12, 2006