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Home My WebLink About3244• ORDINANCE NO. 3 2 44 AN ORDINANCE of the City of Port Angeles, Washington, rezoning from RS -11 (Residential, Single Family) to IH (Industrial Heavy). WHEREAS, the Planning Commission of the City of Port Angeles has considered an application to rezone from RS -11 to IH 24.86 acres south of Hwy 101 between 2346 West Hwy 101 and Eclipse Industrial Parkway, and 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 and considering the Planning Commission's recommendation, finds that there have been changes in circumstances since the current zoning of the property was adopted and that the proposed 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 Exhibit A from RS -11 (Residential, Single Family 11,000 square feet) to IH (Industrial Heavy). 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 ATTEST: 18th day of April, 2006. Becky J. U n, ty. Clerk APPROVED AS TO FO William E. Bloor, City Attorney PUBLISHED: April 2 3 , 2006 By Summary G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS\2006 -10. BradowRezone.032806.wpd April 18, 2006 • -2 Exhibit A - Bradow REZ 06 -02 Legal Description: Parcel 1: All of that portion of the SW1 /4 of the SE1 /4 of Section 7, Township 30, Range 6 West, W.M., lying South of the Olympic Highway, containing twenty acres, more or less, according to the government survey thereof. Parcel 2: The E1 /2 of the SE1 /4 of Government Lot 4, Section 7, Township 30 North, Range 6 West, W.M., EXCEPT right of way for State Highway. Parcel Nos 0630074301251000 and 0630073401500000, all in Clallam County, Washington. 3 FINDINGS AND CONCLUSIONS IN SUPPORT OF REZ: 06 -02 Findings 1. On February 24, 2006, the City of Port Angeles, as requested by property owners, submitted a application to rezone approximately 24.86 acres from Residential Single Family RS -11 to Industrial Heavy. The area was annexed to the City in June 2005 by Ordinance #3207. 2. The City's Comprehensive Plan Land Use Map is intended as the guiding document in determining the consistency in zoning and establishing a conceptual framework for land use decisions. The map designates the property as Industrial. 3. The property is described as E2SE LT 4 EXC R \W & PT S HWY 5.20A and UND 1/2 INT IN SWSE SO OF HWY 19.66A and consists of 2318, 2324, 2154 and 2156 West Highway 101 and is located between 2346 W. Hwy 101 and PA Hardwoods. The parcel numbers for the properties are 63007340150, and 63007430125. 4. The subject site is partially developed with single family residences and ancillary structures. 5. The purpose of the IH zone (PAMC 17.34.010) is "This is the least restrictive industrial zone intended to be the area in which heavy industry could develop causing the least impact on other land uses. Significant adverse impacts can be expected from permitted industrial uses that involve hazardous materials, noise, air and water pollution, shift work around the clock, entertainment businesses with adult -only activities, and outside storage yards and manufacturing activities. This zone provides the basic urban land use pattern for heavy industrial uses with direct access to major transportation facilities, design standards for greater truck traffic, and buffers for nonindustrial uses unless deemed impractical. " 6. County Zoning in the area includes County — Rural Character Conservation 3 (RCC3) to the south, County — Industrial and Urban Very Low Density /Low Density (LD) to the north. City zoning includes Industrial Heavy (IH) zoning to the east, west and south. Developed properties in the area are consistent with underlying zoning designations. 7. 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. 8. 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); Land Use Map Goal A and Policy A.1,2; Land Use Element Industrial Goals G and Policy G.1; Goal H and Policy H.3. 9. The inventory of Industrial Heavy (IH) zoned land is approximately 796 acres. Additionally, the existing Heavy Industrial zoning is approximately 60% developed and a majority of this undeveloped land is owned by the Port of Port Angeles. 10. Two county delineated wetlands exist on site including a creek and pond. Future development will be required to comply with the Environmentally Sensitive Areas Ordinance Section 15.20 and the Wetlands Protection Ordinance Section 15.24. 11. The SEPA Responsible Official issued a Determination of Non - Significance on March 3, 2006. 12. The public comment and notification period for the Planning Commission meeting ran from February 26 to March 8, 2006. Mailing labels were provided by the applicant. Surrounding property owners were notified that the request was for Industrial Heavy. 13. The City's Public Works and Utilities Department did not have any comment. Available utilities to the sites include: City power, and Dry Creek water. City sewer extends to Eclipse Industrial Parkway and can be extended by future developers. The Fire Department has noted that industrial use of the property would be subject to applicable fire protection provisions, inclding the provision of adequate fireflow. 14. Future development of the subject property will require specific project review including issues such as access, noise, lighting, landscaping and environmentally sensitive review. Conclusions: 1. The proposal is in accordance with the Comprehensive Plan and Land Use Map as this area is designated as Industrial. Based on this designation staff is recommending approval of the proposed rezone. 2. Future development proposals should mitigate all environmental concerns regarding the wetlands onsite. 3. Future development proposals should anticipate the necessity to install fire protection provisions. 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 06 -02 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 6. Development plans may require further utility 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. opted by the Port Angeles City Council at its meeting of April 18, 2006. aren A. Rogers, Mayor Becky J. Upton, City Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on April 18, 2006 Ordinance No. 3243 This Ordinance of the City of Port Angeles, Washington, amends the City's solid waste utility, garbage collection, and sanitary landfill regulations and rates, Chapters 13.52, 13.54, and 13.56 of the Port Angeles Municipal Code, adopts a new chapter, 13.57 - Solid Waste Processing Facility, and amends utility fees, Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3244 This Ordinance of the City of Port Angeles, Washington, rezones the following property from RS -11 (Residential, Single Family) to IH (Industrial Heavy): Parcel 1: All of that portion of the SW1 /4 of the SE1 /4 of Section 7, Township 30, Range 6 West, W.M., lying South of the Olympic Highway, containing twenty acres, more or less, according to the government survey thereof. Parcel 2: The E1 /2 of the SE1 /4 of Government Lot 4, Section 7, Township 30 North, Range 6 West, W.M., EXCEPT right of way for State Highway. Parcel Nos 0630074301251000 and 0630073401500000, all in Clallam County, Washington. 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 23, 2006