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ORDINANCE NO. 3335
AN ORDINANCE of the City of Port Angeles, Washington,
approving the final of Phase III of the Riedel II Subdivision.
WHEREAS, the City Council of the City of Port Angeles has considered the public
interest served by the Riedel II subdivision and dedication; and
WHEREAS, Conditions 9 and 10 of the preliminary plat approval for the Riedel II
subdivision have been modified; and
WHEREAS, the City Council finds that Phase III of the Riedel II 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 Phase III of the Riedel II subdivision and dedication; and
WHEREAS, the proponents of Phase III of the Riedel II subdivision and dedication
have made appropriate provision for public improvements, as stated in more detail in the
attached 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 City Council finds that Phase III of the Riedel II subdivision and
dedication conforms to all conditions of the preliminary plat approval, as modified, and the
developer's agreement, and that said Phase III of the Riedel II subdivision meets requirements
of local and state law in effect at the time of the preliminary plat approval.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO ORDAIN as follows:
Section 1. The 2 conditions, 11 findings, and 4 conclusions listed in the attached
Exhibit A are adopted and incorporated herein:
Section 2. Phase III of the Riedel II subdivision is hereby approved. 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 15thday of July, 2008.
ATTEST:
Becky J. U Clerk
APP OVED AS TO FO
William E. Bloor, City Attorney
PUBLISHED: July 20 , 2008
By Summary
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EXHIBIT A
FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF RIEDEL II
SUBDIVISION PHASE 3:
Conditions:
1. When driveways are installed to each lot, the sidewalk will be cut out to the next nearest
expansion joint, and the existing sidewalk replaced for that section to meet city standards
for a driveway. Green Crow will bear the financial obligation for such driveway cuts and
replacements for a period of two years following final subdivision approval and
acceptance.
2. Green Crow will at its expense guarantee and replace any section of sidewalk that fails or
cracks for a period of two years following final subdivision approval and acceptance.
Findings:
1. Chapter 16.08 of the Port Angeles Municipal Code (PAMC) outlines requirements for the
submittal of final plats and sets forth local requirements for the approval of subdivisions.
2. The City Council gave preliminary approval of the Riedel II subdivision to be developed in
three phases on June 1, 2004, with 10 conditions.
3. The Phase 3 final plat identifies 18 residential lots. The 18 residential lots range in size
from 9,845 to 15,028 square feet as identified in the preliminary approval.
4. Green Crow Properties submitted a request for final approval of Phase 3 of the Riedel II
subdivision on September 24, 2007. During a public hearing conducted on November 20,
2007, City Council considered the application for final approval and resolved to deny the
application citing 6 findings and 1 conclusion. Green Crow Properties filed a lawsuit under
the Land Use Petition Act appealing Council's decision. Green Crow Properties and City
of Port Angeles staff reached a settlement agreement on the matter on May 12, 2008.
5. The development of sidewalks in Phase 3 of the Reidel II Subdivision is not in accordance
with the City's Urban Services and Standards Guidelines. Staff met with the applicant and
after much discussion, agreed to an alternative to immediate correction in the sidewalk
construction. It was agreed that a condition could be placed on the face of the final
recording document such that reconstruction of the sidewalk/driveway crossings to City
standard would be done by the developer, at the developer's expense, for a period of two
years following final plat approval in lieu of correction of the irregularities prior to final
plat approval.
6. On July 15, 2008, per the settlement agreement, staff recommended that Council amend
conditions 9 and 10 of preliminary approval of the Reidel II Subdivision. Amendment of
Condition No. 9 would allow dedication of a public neighborhood park to be delayed until
Phase I of the Campbell Avenue PRD. Amendment of Condition No. 10 would require that
all conditions of Wetland Permit 04 -01 pertaining to the Riedel II Subdivision be met prior
to final plat approval or development through the area identified as a wetland or its buffer
with all other conditions of WP 04 -01 met prior to final approval of Phase I of the
Campbell Avenue PRD. The proposed amendments are as follow:
Amendment to Condition 9: "
A public
neighborhood park approved by the City's Public Works and Utilities Director shall be
dedicated by Green Crow to the City as part of final approval for Phase 1 of the Campbell
Avenue PRD, consistent with the Open Space and Parks Facilities terms set forth in the
Development Agreement."
Amendment to Condition No. 10: "All conditions of Wetland Permit WP 04 -01 pertaining
to the Riedel II Subdivision shall be met prior to final plat approval or development
through the area identified as a wetland or its buffer. All other conditions of Wetland
Permit WP 04 -01 shall be met prior to final approval of Phase I of the Campbell Avenue
PRD as provided in condition number 15 of the PRD approval."
7. The Phase 3 final was reviewed by the City's Fire, Public Works and Utilities, Parks and
Recreation, and Community and Economic Development Departments. Their comments
have been incorporated into the Department's recommendation. The Public Works and
Utilities Department noted several discrepancies in the development including sidewalks at
driveway crossings, stormwater, and water meter issues. Sidewalks at driveway crossings
were not constructed per Urban Services Standards and Guidelines. Stormwater drainage
has been carefully reviewed, and a stormwater maintenance agreement for all Riedel II
Subdivision stormwater improvements has been approved by the City's Engineer per the
settlement agreement to be filed with the plat. Several water meters located on private
property require an easement to ensure accessibility and wording to prevent obstruction for
utility maintenance purposes. Such wording stipulating restricted development along the
frontage of lots, and requiring Green Crow to replace sidewalks at driveway crossings at
their expense for a period of two years following final of the subdivision, or the property
owner beyond that two year time period, is found on the face of the final plat and is
repeated in the CC &R's filed for Phase 3.
8. Public notice of the intent to review for final approval Phase 3 of the subdivision was
published on June 27, 2008, in the Peninsula Daily News and posted on the site on June 24,
2008, and mailed to property owners within 300 feet of the proposed subdivision on June
25, 2008. No written comment was received during the public comment period which
ended on July 7, 2008.
9. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
NonSignificance for the preliminary subdivision on May 6, 2004, satisfying the City's
SEPA responsibility.
10. Address numbers are identified on the final plat as provided by the City.
11. All issues agreed to under the May 12, 2008 settlement agreement have been satisfactorily
executed as of July 15, 2008.
Conclusions:
A. As conditioned, Phase 3 of the final plat is consistent with the City's Comprehensive Plan
and Zoning Ordinance, Chapter 16.08 (Subdivision) of the Port Angeles Municipal Code,
and with conditions of preliminary subdivision approval.
B. Preliminary plat approval concluded that, 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. As such, the final plat is in conformance with the Washington State
Subdivision Act, Chapter 58.17 RCW.
C. Easements and/or maintenance agreements are identified either on the face of the final plat
or recorded therewith to ensure that no obstructions will result that will restrict easy access
to water meters for utility purposes, and certification that installed stormwater
infrastructure can adequately handle and convey stormwater runoff for the entire
subdivision site.
D. As conditioned, corrective sidewalk development shall be done with development of
individual lots at the expense of the developer for a period of two years following Phase 3
final approval rather than at the time of final. Beyond the two year period, the then
property owner is required to replace the driveway cuts consistent with the City's Urban
Services and Standards Guidelines at their expense prior to site occupancy.
Adopted by the Port Angeles City Council at its meeting of July 15, 2008.
Gary Braun, Mayor
Becky J. Upto , City Clerk
T: \SUB \Riedel II \Final Riedel] Phase III Post Settlement - Findings and Conclusions.doc
Summary of Ordinance Adopted by the
Port Angeles City Council
on July 15, 2008
Ordinance No. 3335
This Ordinance of the City of Port Angeles, Washington, approves the final of Phase III
of the Riedel II 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: July 20, 2008