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HomeMy WebLinkAbout3257• • ORDINANCE NO. 3257 AN ORDINANCE of the City of Port Angeles, Washington, approving the Belle Aire Estates Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Belle Aire Estates subdivision and dedication; and WHEREAS, the City Council finds that, subject to the condition stated in the attached Exhibit A, Belle Aire Estates includes 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 Belle Aire Estates subdivision and dedication; and WHEREAS, the proponents of Belle Aire Estates subdivision and dedication have made appropriate provision for public improvements, as stated in more detail in the Condition, Findings and Conclusions attached hereto as Exhibit A; 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 improvements have been accepted by the City Engineer of the City of Port Angeles; and WHEREAS, the City Council finds that, as conditioned, Belle Aire Estates subdivision and dedication conforms to all conditions of the preliminary plat approval for Belle Aire Estates and /or developer's agreement and that said Belle Aire Estates 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 hereby are adopted and incorporated herein. Section 2. The Belle Aire Estates 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 plat and authorize recording of the document with the Clallam County Auditor. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of October, 2006. ATTEST: Becky J. U."ln, y Clerk APPROVED AS TO FO ki , aT 6 William E. Bloor, City Attorney PUBLISHED: October 8, 2006 By Summary G \Legal_ Backup \ORDINANCES &RESOLUTIONS\2006 -28 Belle Are Estates Subdivision 092606 September 28, 2006 - 2 - MAYOR CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF BELLE AIRE ESTATES FINAL SUBDIVISION: Condition: 1. A document defining the responsibility for maintenance of Renee Lane and the utilities in the Renee Lane right -of -way shall be recorded with the final mylar and cross referenced on the face of the final mylar. The document shall address the following points. Identify existing water and sanitary sewer utilities with the easement within the private street to be maintained by city forces. An agreement indicating that the city will not be responsible for roadway maintenance costs associated with use of the road by city vehicles. • Covenants must be recorded verifying maintenance of the private street by the owners or homeowners association. • Private street shall be accessible at all times for emergency and public service vehicles. Findings: 1. Preliminary approval was given by the City Council for the 16 -unit subdivision entitled "Belle Aire Estates" on December 15, 2005. The 4.29 acre site is identified as being Suburban Lot 45 located at West 10`h Street and Milwaukee Drive. The site is approximately 4.29 acres in size and is triangular in configuration. 2. The subject property is identified by the Port Angeles Zoning Map as Single Family Residential (RS -9) which allows a density of up to 7 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. 3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local 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. 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 and 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 and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools 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 Port Angeles Public Works and Utilities Department, Parks and Recreation, and Fire Departments reviewed the proposed subdivision and forwarded comments and specific conditions which were incorporated in the conditions of preliminary approval. Belle Aire Estates Final October 3, 2006 Page 2 6. The purpose of the City's RS -9, Residential Single Family zone is a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting of predominantly single family homes on larger than standard Townsite -size lots. The proposal is intended to provide an additional number of residential building sites within the City limits. 7. The site is currently served by Milwaukee Drive. The interior street will be a private street with access streets improved with an 8' bicycle lane and (6') sidewalk. Conditions were included in preliminary plat approval which addressed street development and that each lot within the subdivision shall be subject to The Estates at Milwaukee Subdivision Development Reimbursement Agreement for previous utility improvements in the area. 8. There are no environmentally sensitive areas on the site. The site slopes to the northwest. The site is not considered a frequently flooded area and is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are within 100 -year flood areas. 9. Building permits are required for all structures within the subdivision. All local building and Fire Codes shall be complied with during construction including residential sprinkler systems. 10. The site will be serviced by the City's Police, Fire, and Public Works & Utilities Departments. All utilities including potable water, sanitary waste, and refuse collection are available in the area. Transit service is available along "N" Street east of the site. 11. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on December 6, 2005, therefore satisfying the City's responsibility under the Act. 12. The William R. Fairchild International Airport is located south of the site. Port of Port Angeles staff has been notified of the proposed subdivision proposal and per agreement with the Port, it is expected that those who purchase properties in the final subdivision will be aware of the existing on -going airport operation. 13. The Planning Commission recommended approval of the preliminary subdivision on December 14, 2005, following a public hearing. Conditions were included in the recommendation which addressed improvements needed to ensure consistency with City development standards. 14. The site was posted for a land use action review and a legal publication was placed in the Peninsula Daily News on September 18, 2006. No comments were received as a result of the actions. Belle Aire Estates Final October 3, 2006 Page 3 15. The internal street known as Renee Lane is a private street. City owned utilities exist within the Renee Lane right -of -way. The responsibility for maintenance of the street and utilities in the street is the adjacent property owners. Conclusions: A. 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 Angeles consistent with the State of Washington Growth Management Act and Subdivision requirements. B. As conditioned, maintenance of the internal street (Renee Lane) shall be the responsibility of adjacent property owners with utility maintenance by City crews. Adopted by the Port Angeles City Council at its meeting of October 3, 2006. Cl/ Karen A. Rogers, Mayor Becky J. U ty Cler Summary of Ordinance Adopted by the Port Angeles City Council on October 3, 2006 Ordinance No. 3257 This Ordinance of the City of Port Angeles, Washington, approves the Belle Aire Estates 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: October 8, 2006