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HomeMy WebLinkAbout3275• • ORDINANCE NO. 3275 AN ORDINANCE of the City of Port Angeles, Washington, approving the Church Street Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Church Street subdivision and dedication; and WHEREAS, the City Council finds that, subject to the conditions stated in the attached Conditions, Findings, and Conclusions, the Church Street subdivision 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 the Church Street subdivision and dedication, subject to the conditions referenced above; and WHEREAS, the proponents of the Church Street 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, 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, the Church Street subdivision and dedication conforms to all conditions of the preliminary plat approval for Church Street subdivision and developer's agreement and that said Church Street 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 Conditions, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. The Church Street subdivision is hereby approved, subject to the conditions referenced in Section 1 above. Upon satisfaction of the conditions, 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 4th day of April, 2007. ATTEST: APPROVED AS TO F n %l William E. Bloor, ity Attorney PUBLISHED: April 8 , 2007 By Summary G:\Legal_Backup\ ORDINANCES &RES OLUTIONS \ORDINANCES.2007\2007- 8.Church St Subdivision.032807.wpd March 28, 2007 -2- CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF FINAL APPROVAL OF THE PARK MEADOWS SUBDIVISION (FORMERLY KNOWN AS THE CHURCH STREET SUBDIVISION): Conditions: 1. An engineered stormwater plan shall be submitted for approval to the City Public Works and Utilities Department. Stormwater shall be handled within the site in accordance with Public Works and Utilities standards. 2. The applicant shall obtain a clearing and grading permit from the Public Works and Utilities Department in accordance with Section 15.28.030 of the Port Angeles Municipal Code. 3. McGill Avenue shall be improved south of Church Street as indicated on the preliminary site plan with a minimum pavement width of 20' in width and a 4' wide walking path which meets minimum Americans with Disabilities Act (ADA) requirements. The improvements shall include vegetated stormwater ditches along both sides of the roadway with minimum side slope of 3 to 1. A street barricade shall be placed at the south end of improved McGill Avenue. Access will not be permitted until improvements are complete. No parking signs shall be posted along the improved roadway. 4. The interior street shall be named and shall culminate in a cul -de -sac as shown on the preliminary drawing. The street shall be constructed as approved by the City to urban standards with minimum 34' wide paved area and a 60' right of way, curb, gutter and sidewalk. 5. Fire hydrants shall be placed and spaced as required by the City's Fire Department to a maximum 1000' of separation distance and wording shall be placed on the final plat for recording with the County Auditor indicating that all residences shall be fitted with residential sprinkler systems prior to occupancy. 6. Utility service to the subdivision shall be underground. An electronic copy of the approved layout shall be provided to the City's Electrical Engineer. A 10' utility easement shall be provided along McGill Avenue and both sides of the internal roadway including cul -de -sac. 7. Water service shall be extended to the lots as required by the Public Works and Utilities Department prior to final plat approval. 8. Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Church Street. 9. Building setback areas shall be identified on the final plat and address numbers placed on the lots as provided by Public Works and Utilities. Findings: 1. Preliminary approval is for the 8 -unit subdivision submitted by Craig and Amy Heckman on August 29, 2006, identified as being Ralston Short Plat V22 P54 Lot 4 Townsite of Port Angeles and located at McGill Avenue and Church Street. The site is approximately 3.11 acres in size and is rectangular 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 4.84 units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in area. Conditions, Findings, & Conclusions Park Meadows Final Subdivision Page 2 3. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions and Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 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 Municipal Code Section 15.28.030A establishes that the applicant is required to obtain a clearing and grading permit from the Public Works and Utilities Department. 6. The Port Angeles Public Works and Utilities Department, Parks and Recreation Division, and Fire Departments reviewed the proposed subdivision. Their comments and specific conditions have been incorporated in the Department's recommendation. Water, power, garbage pickup, telecommunications, sewer, and emergency services are available within the area and will be provided through conditions to the preliminary plat. 7. The subject property is identified as Low Density Residential (LDR) on the Port Angeles Comprehensive Plan land use map and is located in the City's East Planning Region. The Comprehensive Plan requires concurrency at the time of development 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, paved streets, curbs, sidewalks, water service, sanitary sewer service, electrical service and emergency service (Capital Facilities Element Policy A.10). The proposal has been reviewed with respect to the Comprehensive Plan and the following Comprehensive Plan policies are relevant to the proposal: Growth Management Element Goal A; Land Use Element Goal A, Policy A.2, Goal B, Policy B.1, B.2, B.3, and B.4, Goal C; Transportation Element Goal A, Policy A.2, A.3, A.6, B.11, B.14, and B.18; Utilities and Public Services Element Policy C.2; Capital Facilities Element Goal A, B, Policy B.1, B.3, B.4, B.5, B.6, B.7, C.2, C.3, C.4, and C .5. Conditions, Findings, & Conclusions Park Meadows Final Subdivision Page 3 8. 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. Uses that are compatible with and functionally related to a single family residential environment may be located in this zone. Because of land use impacts associated with nonresidential uses, few nonresidential uses are allowed in this zone and then only conditionally. This zone provides for a variety in the urban land use pattern for the City's single family residential neighborhoods, following a curvilinear street system of nonthrough public and private streets with irregularly shaped lots, minimum 75 -foot front lot lines, and 60 -foot rights -of -way for collector arterial streets in large rectangular blocks and usually located in outlying areas with large tracts of vacant buildable land 9. The site is currently served by McGill Avenue. Access streets will be improved to low impact development standards. McGill Avenue is a local access street and is not located along a school walking route. Right -of -way dedication along McGill Avenue is required. 10. The City's low impact development standards for suburban areas were adopted in 2003 with the restriction that subdivisions developed under the reduced standards would not allow for on- street parking. Site development and design for residential lots developed under the lower impact standards need to accommodate resident parking and visitor parking on -site. 11. There are no environmentally sensitive areas on the site. The site has a slope to the north of approximately 5 %. 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. 12. The owner of a construction site which disturbs a total of five acres or more of land area that has a discharge of stormwater to a surface water or storm sewer system must apply to the State Department of Ecology for a General Permit for Stormwater Discharge Associated with Construction Activities. The proposed site is 3.11 acres in area. 13. 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. 14. The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. The Port Angeles School District provides school bus pick -up for students at the intersection of Mt. Angeles and Campbell. 15. The City's Parks Department has noted that they are aware of the preliminary proposal and do not believe the level of service for the area will be hampered as a result of the development. The City's LOS for parks and recreational services is 1/3 acre for 1,000 population. The nearest public playground area is located approximately one (1) mile north (Lyons Park). 16. The site will be served by the City's Police, Fire, and Public Works Departments. All utilities including potable water, sanitary waste, and refuse collection are Conditions, Findings, & Conclusions Park Meadows Final Subdivision Page 4 available in the area. Transit service is available along Lauridsen Boulevard North of the site. 17. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on October 9, 2006, therefore satisfying the City's responsibility under the Act. 18. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory only to ensure conformance of the proposed subdivision to the general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City. 19. Property owners within 300 feet of the proposed subdivision were mailed notice of the proposal on September 1, 2006. The property was posted on September 5, 2006, and publication appeared in the Peninsula Daily News on September 7, 2006. No written comments have been received. Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan, Zoning Code, and Subdivision Ordinance Chapter 16.08 PAMC as well as with Chapter 58.17 RCW, the Washington State Subdivision Act B. 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. C. As conditioned, if improved low impact development suburban street standards are used, signage educating residents and visitors as to the prohibition of on- street parking will ensure that interior streets remain passable for pub3lic safety situations where on- street parking could prevent ease of passage for emergency vehicles and sight distance safety issues. D. 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. Adopted by the Port Angeles City Council at its meeting of April 4, 2007. ar -n Rogers, Mayor Becky J. on, ty Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on April 4, 2007 Ordinance No. 3275 This Ordinance of the City of Port Angeles, Washington, approves the Church Street Subdivision. Ordinance No. 3276 This Ordinance of the City of Port Angeles, Washington, approves the Cathleen Estates Subdivision. Ordinance No. 3277 This Ordinance of the City of Port Angeles, Washington, amends Chapter 13.57 of the Port Angeles Municipal Code to establish a sales price for Class A Compost. 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: April 8, 2007