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HomeMy WebLinkAbout3299• • ORDINANCE NO. 3299 AN ORDINANCE of the City of Port Angeles, Washington, approving the 22 -lot subdivision in the RS -11 zone known as the Walker Subdivision. WHEREAS, the City Council of the City of Port Angeles has considered the public interest served by the Walker subdivision and dedication; and WHEREAS, the City Council finds that, subject to the conditions stated in the attached Conditions, Findings, and Conclusions, the Walker 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 Walker subdivision and dedication; and WHEREAS, the proponents of Walker 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 Walker subdivision and dedication conforms to all conditions of the preliminary plat approval for Walker subdivision and /or developer's agreement and that said Walker 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 Walker 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 18th day of September, 2007. ATTEST: APPROVED AS TO FO William E. Bloor, City' Attorney aNLIr MAYOR PUBLISHED: September 23 , 2007 By Summary G:\Legal_ Backup \ORDINANCES &RESOLUTIONS\ ORDINANCES. 2007 \2007- 09.WalkerSubdivision.wpd (September 10, 2007) EXHIBIT "A" CONDITION, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE WALKER ESTATES FINAL SUBDIVISION: Condition: 1. The final subdivision filing shall include a right of way and buffer planting maintenance bond to ensure the maintenance and replanting if necessary of trees and vegetation within the 50 foot marine buffer area identified on the final plat. The bond shall remain valid for a period of one year following final acceptance of said improvements by the City which are to be placed no later than November 30, 2007. Findings: 1. Preliminary approval is for the 22 -unit final subdivision entitled "Walker Estates ", identified as being the subdivision of Suburban Lot 59 and a portion of Suburban Lot 58, Townsite of Port Angeles, Clallam County, Washington. The approximately 9.3 acre parcel is situated along the marine bluff above the Strait of Juan de Fuca. The marine bluff is considered an environmentally sensitive area and requires a 50 foot buffer of undisturbed native vegetation to remain at the top of the bluff. 2. The subject property is identified by the Port Angeles Zoning Map as being zoned RS -11 Residential Single Family, which requires a minimum lot size of 11,000 square feet per building site. The smallest lot within the subdivision is 11, 260 square feet in area. 3. The Planning Commission conducted a public hearing in consideration of the preliminary 22 unit subdivision on May 11, 2005, and forwarded a favorable recommendation of approval to the City Council with conditions. 4. At its regular June 7, 2005, meeting, the City Council approved the preliminary subdivision with 13 conditions. Per the Revised Code of Washington RCW 58.17.110, written findings were made that development of the subdivision would be in the public interest and that the development was in accord with the City's Comprehensive Plan and Land Use Map, Zoning Ordinance, and local and State Subdivision Regulations. Specific areas of preliminary review included open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, sidewalks, and other planning features that assure safe walking conditions for students who walk to and from school, refuse pickup, and emergency services. Staff's May 11, 2005, report to the Planning Commission, which was forwarded to the City Council for review on June 7, 2005, addressed required review issues in detail. 5. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. Section 16.08.070 PAMC requires the Community & Economic Development Department Staff to review the final plat to determine its completeness and to determine whether the plat conforms to the approved preliminary plat. The Community & Economic Development Department staff shall make a recommendation to the City Council based on its review of the final plat. Findings and Conclusions Walker Final Subdivision Exhibit "A" - September 18, 2007 Page 2 6. Per 16.08.070 PAMC, at least ten days prior to the public hearing before the City Council at which the final plat is to be considered, a notice regarding said hearing shall be posted in a conspicuous location on the site. The subdivision site was posted regarding the pending public hearing for final consideration of the development and notice was sent to surrounding property owners on September 7, 2007. 7. The Port Angeles Public Works and Utilities, Community and Economic Development, and Fire Department staff reviewed the final subdivision development for completeness and compliance with the preliminary conditions. Staff have concluded that the final development adequately address the conditions of approval. 8. The William R. Fairchild International Airport is located south of the site and is managed by the Port of Port Angeles. Per agreement with the Port of Port Angeles, a note has been placed on the final plat indicating the existence of the airport operation in the vicinity. 9. A geotechnical report authored by Alkai Consultants, LLC for the subject property was received by the City of Port Angeles on April 11, 2005. The report indicates the marine bluff to be relatively stable with one source of protection being the well established vegetative cover on the site. A condition was placed on preliminary approval which reads " Condition 11. No removal of vegetation or earth disturbing activities shall occur within 50 feet of the top of the marine bluff unless approved through a separate Clearing and Grading Permit and an Environmentally Sensitive Areas review for each individual lot created" to ensure that the established vegetative cover will remain. A hold harmless agreement to defend, indemnify and hold the City of Port Angeles and its officials, employees and agents harmless against any claims and /or lawsuits for personal injury and /or property damage arising out of, or in any way connected with subdivision approval is on file and will be filed with the County Auditor in association with the development. 10. Earth disturbing activity occurred along the top of the marine bluff within an environmentally sensitive area, both prior to and following preliminary approval of the subdivision in violation of Section 15.20 PAMC. The applicant was required to replant trees at a ratio of 3:1. The replanted vegetation did not survive. The applicant submitted an assignment of savings to ensure that the vegetation will be replanted prior to November 30, 2007. A maintenance bond to ensure survivability of the trees and vegetation for a period of one year following planting is also on file with the Department of Community and Economic Development. Conclusions: A. As developed, the Walker Estates final submittal and development is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 and Section 17.12 (RS -11 Residential Single Family zone) PAMC, and Chapter 58.17 RCW of 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, Findings and Conclusions Walker Final Subdivision Exhibit "A" - September 18, 2007 Page 3 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, because interior streets are developed to suburban standards, signage educating residents and visitors as to the prohibition of on- street parking will ensure that interior streets remain passable for public safety. 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. E. As conditioned, development restrictions for properties that contain marine bluff areas have been applied in accordance with Section 15.20 PAMC and documentation holding the City harmless against future issues with the development in an environmentally sensitive area are in place. Adopt d by the Port Angeles City Council at its meeting of September 18, 2007. Kare A. Rogers, Mayor Becky J. , ' ity Cle Summaries of Ordinances Adopted by the Port Angeles City Council on September 18, 2007 Ordinance No. 3298 This Ordinance of the City of Port Angeles, Washington, approves the 18 -lot subdivision in the RS -9 zone known as the Linn Acres Subdivision. Ordinance No. 3299 This Ordinance of the City of Port Angeles, Washington, approves the 22 -lot subdivision in the RS -11 zone known as the Walker Subdivision. 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: September 23, 2007