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HomeMy WebLinkAbout3276• • ORDINANCE NO. 3276 AN ORDINANCE of the City of Port Angeles, Washington, approving the Cathleen Estates Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Cathleen Estates subdivision and dedication; and WHEREAS, the City Council finds that, subject to the conditions stated in the attached Conditions, Findings, and Conclusions, Cathleen 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 Cathleen Estates subdivision and dedication; and WHEREAS, the proponents of Cathleen Estates 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, Cathleen Estates subdivision and dedication conforms to all conditions of the preliminary plat approval for Cathleen Estates and /or developer's agreement and that said Cathleen 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 Conditions, Findings, and Conclusions hereby are adopted and incorporated herein. Section 2. The Cathleen Estates 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: Becky J. Up , Ci' Clerk APPROVED AS TO FO William E. Bloor, City Attorney PUBLISHED: April R , 2007 By Summary G:\Legal_ Backup \ORDINANCES &RESOLUTIONS\2005 -41 CathleenEstatessubdivision.wpd March 28, 2007 -2- CONDITION, FINDINGS, AND CONCLUSIONS IN SUPPORT OF CATHLEEN ESTATES FINAL SUBDIVISION: Condition: 1. A bond or other securities acceptable to the City Attorney in the amount of $36,147 shall be required to be in place to cover the cost of required improvements that have not been completed at the time of final plat approval until such time as all conditions of preliminary plat approval have been met. Findings: 1. Preliminary approval was given by the City Council for the 12 -unit subdivision entitled "Cathleen Estates" on November 15, 2005. The property is identified as being Suburban Lot 55 less the westerly 5 acres thereof and located between "N" Street and Milwaukee Drive on West 10th Street. The site is approximately 3.38 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 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 Section 16.08.050(B)(2) of the Port Angeles Municipal Code allows for bonding in the amount of 150% the expected cost of improvements in the event a developer elects to bond for improvement completion rather than placement prior to final approval. In the event that bonding is preferred, wording must be placed on the plat 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." The prescribed wording has been placed on the face of the final mylar. The developer has stated his intent to bond. An engineer's estimate has been approved by the City Engineer. 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. Cathleen Estates Final April 4, 2007 Page 2 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. 6. 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, and emergency service (Capital Facilities Element Policy A.10). The proposal was reviewed with respect to the Comprehensive Plan and found to be in compliance. 7. 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 8. The site is currently served by West 10th Street from "N" Street. Access streets are improved to low impact development standards. "N" Street is a collector arterial and a designated school walking route but is not a designated bicycle route. 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. 9. 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. 10. 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. 11. 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. 12. The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance for the preliminary subdivision on October 28, 2005, therefore satisfying the City's responsibility under the Act. 13. 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. Cathleen Estates Final April 4, 2007 Page 3 14. The Planning Commission recommended approval of the preliminary subdivision on October 26, 2005, following a public hearing. Nine conditions were included in the recommendation which addressed improvements needed to ensure consistency with City development standards. 15. The site was posted for a land use action review and a legal publication was placed in the Peninsula Daily News on September 18"'. No comments were received as a result of the actions. 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, utility improvements not completed at the time of final approval will be secured for future development prior to occupancy of structures within the subdivision in accordance with Section 16.08.050(B)(2) of the Port Angeles Municipal Code. Adopt by the Port Angeles City Council at its meeting of April 4, 2007. Ott . Kar; n A. Rogers, Mayor 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