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HomeMy WebLinkAbout3201ORDINANCE NO. 3201 AN ORDINANCE of the City of Port Angeles, Washington, rezoning property from RS -9 (Residential, Single Family) to RMD (Residential, Medium Density). WHEREAS, the Planning Commission of the City of Port Angeles has considered an application to rezone from RS -9 to RMD the property described in the attached Exhibit A; and WHEREAS, the Planning Commission has recommended to the City Council approval of the rezone application; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21C RCW) have been met; and WHEREAS, the City Council, after conducting a public hearing, considering the Planning Commission's recommendation, finds that there have been changes in circumstances since the current zoning designations were adopted and that said rezone is in the best interest of the City and its citizens and is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The Findings and Conclusions marked Exhibit B and attached are hereby adopted and entered. Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of that property described in the attached Exhibit A from RS -9 (Residential, Single Family 9,000 square feet) to RMD (Residential, Medium Density). - 1 - Section 3. The City Clerk is hereby directed to attach a copy of this Ordinance to the Official Zoning Map and to file certified copies with the Clallam County Auditor and Clallam County Assessor. Section 4 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of June, 2005. ATTEST: APPROVED AS TO FORM: cy William E. Bloor, City Af orney PUBLISHED: June 12 , 2005 By Summary G 2Legal_BackupAORDINANCES &RESOLUTIONS \2005- 25RoneRezone060205 June 7.2005 - 2 - MAYOR Exhibit A The south half of the northwest quarter of the southwest quarter of the northwest quarter in Section 13, Township 30 North, Range 6 West, W. M., Clallam County, Washington, Also Beginning at the northwest corner of the southwest quarter of the southwest quarter of the northwest quarter in said Section 13, Township 30 North, Range 6 West, W. M., Clallam County Washington, Thence south 88° 41' east along the north line of said southwest quarter of the southwest quarter of the northwest quarter 644.90 feet, more or less, to the northeast corner thereof, Thence south 0° 57' west, along the east line of said southwest quarter of the southwest quarter of the northwest quarter, 75 feet, Thence north 88° 41' west, parallel with the north line of said southwest quarter of the southwest quarter of the northwest quarter, 450.66 feet, Thence north 78° 15' west 194 feet, more or less, to a point on the west line of said southwest quarter of the southwest quarter of the northwest quarter, Thence north 0° 36' east 40.10 feet, more or less, to the point of beginning, Except that portion thereof, if any, lying within the right -of -way for County Road No. 34610, commonly known as Golf Course Road. Situate in Clallam County, State of Washington EXHIBIT B Findings and Conclusions - REZ 05 -02 June 7, 2005 Page 1 FINDINGS AND CONCLUSIONS IN SUPPORT OF RONE' REZONE - REZ 05 -02: Findings 1. On March 25, 2005, the City of Port Angeles received a request from property owner Michele Rone' to rezone approximately 4.92 acres from RS -9 Residential Single Family to RHD Residential High Density. In subsequent conversation with Mr. Rone', it was determined that a rezone to RMD Residential Medium Density would serve his development plans and enhance development in the area while adding to the City's multi family housing properties. The applicant's justification for a rezone notes 1) consistency with the Comprehensive Plan; 2) suitability of the area for multiple family development as evidenced by established development and zoning in the area; and 3) the desire to provide a variety of housing types. 2. The property is described as tax parcels #0630132300901000 and 2001 and is situated approximately 330' south of the southeast corner of the Golf Course Road and Lindberg Road intersection with access from Golf Course Road. 3. The subject site is partially developed with a single family residence and accessory structure. The Bonneville Power Line and easement cross the property along its north frontage from east to west encumbering approximately one third of the property. The site is located along an arterial street and near a bus stop which are locational criteria for multiple family zones. 5. The purpose of the RMD zone (PAMC 17.14) is "This is a medium density residential zone, which allows a mix of single family, duplexes, and apartments at a density greater than single family neighborhoods but less than the higher densities of the RHD zone. The permitted uses in the RAID zone are also intended to be more restrictive than the RHD Zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City 's lower density multifamily residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial /industrial uses. " The purpose of the RHD zone (PAMC 17.15) is : "This is a high density residential zone for multi-family residential structures. Compatible uses may he allowed by Conditional Use Permits but the zone is still regarded as a residential area and commercial enterprises are not generally felt to be compatible. Few nonresidential uses are allowed in this zone and then only conditional, because of land use impacts associated with nonresidential uses." Single family and multi - family homes, parks, schools, churches, day care and residential services, and district shopping areas are all legitimate components of district development and enhancement. Findings and Conclusions - REZ 05 -02 June 7,2005 Page 2 6. Zoning in the area includes Residential High Density (RHD) to the north, northwest, and northeast. Residential Single Family (RS -9) zoning is also found to the west, east, and south, with Public Buildings and Parks (PBP) to the north (Peninsula Golf Club). Developed properties in the area are consistent with underlying zoning designations. 7. Residential development in the RHD zone may develop up to 39 units per acre, with 13 units per acre in the Residential Medium Density, and 7 units per acre in the existing RS -9 zone. 8. A rezone proposal cannot be considered a spot zone if it meets the following tests: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the singling out is in the public interest and not only for the benefit of the land owner; and 3) the action is in accordance with the Comprehensive Plan. 9. The Comprehensive Plan Land Use Map designates the site as High Density Residential (HDR) /Low Density Residential (LDR). The site was designated as an imprecise margin in 2000 when the adjacent property was designated HDR. Properties adjacent to the subject property are designated HDR and Low Density Residential (LDR) on the Comprehensive Plan and Land Use Map. A transition area is identified on the Comprehensive Plan Land Use Map between LDR and HDR for the site which allows for interpretation of an appropriate designation of the site by the City Council. The Comprehensive Plan Land Use Map does not allow for the further extension of high density development south of the subject property. 10. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be most relevant to the proposal: Growth Management Element Goal A, and Policies A.1 (a -e); Land Use Map Goal A and Policy 1 A.2; Land Use Element Residential Goal B and Policies B.1, 3, and 4; Goal C, and Policies C.1, 2, 3, and 4; and Capital Facilities Element Goal C. 11. The City's inventory of land zoned Residential High Density (RHD) is approximately 127 acres. The inventory of Residential Medium Density (RMD) zoned land was recently reduced to approximately 122 acres by a down zone approved for environmental reasons. The proposed rezone would replace 4.92 acres of the available medium density down zoned property. Analysis of the buildable land supplies of various zones has shown that higher density residential areas are much less available for development than low density residential areas. 12. The State of Washington Growth Management Act (GMA) of 1992 encourages the development of urban properties to specific densities. Mandates to provide an adequate supply of low density, medium density, and high density residential properties were established under the GMA with specific standards as to where such areas should be located. Criteria for locating medium and high density residential uses along arterial streets where public transportation is normally available; the provision of public utilities including water, power, stormwater, sewer, trash pickup, and communication services; public recreational and educational uses located nearby; and the ratio of inventory of multiple residential land available for development are some of those standards. Findings and Conclusions - REZ 05 -02 June 7,2005 Page 3 13. The SEPA Responsible Official adopted a previously issued Determination of Non - Significance (DNS) for the proposal on May 3, 2005. The DNS adopted was originally issued for a 2000 Comprehensive Plan Land Use Map change for the adjacent property from Low Density Residential to High Density Residential. 14. The public comment and notification period for the Planning Commission meeting ran from April 15 to April 30, 2005. Mailing labels were provided by the applicant. Surrounding property owners were notified that the request was for high density residential zoning. 15. Reviewing City departments did not have any comment. Utilities exist in the area to adequately serve a high density residential development. 16. Two letters of concern were received as a result of the public notification process. The residents objected to the proposed rezone citing traffic, drainage, view, and property value issues. Those letters were included in staffs continued review of the proposal. 17. Future development of the subject property will require engineered drainage and stormwater design. Drainage and stormwater concerns will not be required of a property owner until proposed development. Development in an area is the impetus for needed infrastructure improvements. 18. The 1999 Clailam County Housing Needs Assessment indicated that there were 1,878 multi- family rental units in 1998. According to the Washington State Office of Financial Management, the City's April 2000, official population estimates were based on 78% single family and 22% multi - family housing units with a declining household size. The trend in single family and multi - family housing percentages in other communities also indicates an increasing need for multi - family zoned land. The City has experienced a dramatic increase in housing development over the past three years with many multiple family properties being developed. 19. Section 17.96.100 of the Port Angeles Municipal Code identifies procedures for amendment to (rezone) the City's Zoning Map. Conclusions: 1. With the frontage of the site being along Golf Course Road, circulation patterns and traffic in the area should not be negatively affected by multiple family residential uses that could locate on the site if a rezone were approved. The proposal is therefore consistent with the Comprehensive Plan policies for higher density residential. 2. The proposed rezone would allow for the development and infill of undeveloped property consistent with the Growth Management Act's requirement that economic development be consistent with the adopted Comprehensive Plan that encourages growth in areas within the capacity of the region's public services and facilities. The Comprehensive Plan residential land use element goals and policies encourage medium and high density housing in residential zones consistent with available public utility and recreation services. Residential land should be developed on the district and neighborhood concept. Findings and Conclusions - REZ 05 -02 June 7, 2005 Page 4 3. The site can provide a logical transition between land uses that will not adversely impact the existing development in the area. 4. The rezone is compatible with the surrounding zoning and land uses and will allow development of the site to a higher density that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation and is therefore in the public interest. 5. The City's action on rezone application REZ 05 -01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 6. Utilities in the area are adequate to supply power, water, communications, sewer, and emergency services to the site in light of the proposal. Ultimate development plans may require further improvement by the developer. As no adverse impacts to neighboring streets are anticipated and street, walkway, and drainage will be also required with subsequent development, the proposed rezone is in the public interest. 7. The proposed rezone would encourage the development of the site to a higher density that has been identified as possible for the area by the City through its Comprehensive Plan Land Use Map designation of the adjacent area as High Density Residential (HDR). 8. The mix of affordable housing in Port Angeles has a relatively low ratio of multi - family to single family dwelling units, especially in comparison with similar size cities in the Puget Sound area. The City has experienced a high demand over the past two to three years as seen by the development of over 250 new subdivision lots that are rapidly being purchased. The proposal will minimally add to the City's inventory of RMD zoned land for development. There is not an excessive inventory of medium density land available land for development in the City. Summaries of Ordinances Adopted by the Port Angeles City Council on June 7, 2005 Ordinance No. 3201 This Ordinance of the City of Port Angeles, Washington, rezones property located south and east of the intersection of Lindberg Road and Golf Course Road from RS -9 (Residential, Single Family) to RMD (Residential, Medium Density). The property is legally described as the south half of the northwest quarter of the southwest quarter of the northwest quarter in Section 13, Township 30 North, Range 6 West, W. M., Clallam County, Washington, Also Beginning at the northwest corner of the southwest quarter of the southwest quarter of the northwest quarter in said Section 13, Township 30 North, Range 6 West, W. M., Clallam County Washington, thence south 88° 41' east along the north line of said southwest quarter of the southwest quarter of the northwest quarter 644.90 feet, more or less, to the northeast corner thereof, thence south 0° 57' west, along the east line of said southwest quarter of the southwest quarter of the northwest quarter, 75 feet, thence north 88° 41' west, parallel with the north line of said southwest quarter of the southwest quarter of the northwest quarter, 450.66 feet, thence north 78° 15' west 194 feet, more or less, to a point on the west line of said southwest quarter of the southwest quarter of the northwest quarter, thence north 0° 36' east 40.10 feet, more or less, to the point of beginning, except that portion thereof, if any, lying within the right -of -way for County Road No. 34610, commonly known as Golf Course Road Situate in Clallam County, State of Washington. Ordinance No. 3202 This Ordinance of the City of Port Angeles, Washington, approves the Mountain View Subdivision. finance . e City o Ordinance No. 3203 Ordinance No. 3204 This Ordinance of the City of Port Angeles, Washington, adopts an Updated Comprehensive Plan. Ordinance No. 3205 This Ordinance of the City of Port Angeles, Washington, clarifies a quorum for the Recreation and Parks Commission, and amends Ordinance 1926, as amended, and portions of Chapter 2.32 of the Port Angeles Municipal Code. Ordinance No. 3206 This Ordinance of the City of Port Angeles, Washington, establishes use fees for the Feiro Marine Life Center, and amends Chapter 3.70 of the Port Angeles Municipal Code. This Ordinance shall take effect June 15, 2005. Ordinance No. 3207 This Ordinance of the City of Port Angeles, Washington, amends Ordinance 3196, adding the specific effective date of June 30, 2005, on and after 12:01 a.m., for annexation of property consisting of approximately 358.50 acres west of the current City limits, south of Highway 101. 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. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: June 12, 2005