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Home My WebLink About3369• • ORDINANCE NO. 3369 AN ORDINANCE of the City of Port Angeles, Washington, rezoning Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, from Residential Single Family (RS -7) to Commercial Office (CO). WHEREAS, the City received an application to rezone Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, from Residential Single Family (RS -7) to Commercial Office (CO); and WHEREAS, a public hearing was conducted by the Planning Commission on July 8, 2009 and the Planning Commission recommended rezoning Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, from Residential Single Family (RS -7) to Commercial Office (CO); and WHEREAS, the proposed rezone is consistent with the City's Comprehensive Plan; and WHEREAS, the requirements of the State Environmental Policy Act (Chapter 43.21 C 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, that the proposed rezone is in the best interest of the City and its citizens, and that the rezone is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: -1- • • Section 1. The Findings and Conclusions marked Exhibit A, attached hereto, are hereby adopted and entered. Section 2. The Official Zoning Map, Ordinance 2801, as amended, is hereby amended to change the zoning of Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, TPA, from Residential Single Family (RS -7) to Commercial Office (CO). 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, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect five days after 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 4th day of August, 2009. ATTEST: Becky J. Up y Clerk VED AS TO FORM: W lam E. Bloor, City Attorney PUBLISHED: August 9 , 2009 By Summary G:\Legal_Backup \ORDINANCES& RESOLUTIONS \ORDINANCES.2009\21 - HankinsRezone.070709.wpd - 2 - C�MAYOR Exhibit "A" FINDINGS, AND CONCLUSIONS IN SUPPORT OF REZONE PROPOSAL — REZ 09 -01 HANKINS Findings: 1. An application to rezone 2 lots from Residential Single Family RS -7 to Commercial was received by applicant Sean Hankins on January 20, 2009. 2. The City's Comprehensive Plan Land Use Map is the guiding document in determining the consistency of the City's zoning and establishing an expected framework for land use decisions within the City. 3. The City's 2009 review of its Comprehensive Plan and Land Use Map culminated on June 16, 2009. Amendments to the Land Use Map included redesignation of the subject area from Low Density Residential to Commercial. 4. Properties in the subject area that could potentially be zoned as commercial given their designation on the City's Comprehensive Plan Land Use Map include Lots 11 and 12, Block 239, and Lots 9 and 10, Block 260. These properties are currently zoned RS -7 Residential Single Family and are developed with single family residences and ancillary structures. Lots 11 and 12, Block 239, and Lots 9 and 10, Block 260, are currently vacant and are located along the 8th Street corridor. 5. During analysis of the rezone proposal, staff spoke with all adjacent and neighboring property owners whose properties are designated Commercial on the City's Comprehensive Plan Land Use Map regarding the rezone proposal. By phone, property owner Dorothy Mangano (Lots 11 and 12, Block 239) agreed that a commercial designation is logical given the Comprehensive Plan Land Use Map designation and historic zoning in the area. A grocery story was previously operated between `B" and "C" Streets north of 8th Street in the area. Mrs. Mangano agreed to include her property in the rezone on July 6, 2009. 6. An inventory of vacant land within the City done in 2008 identified 2.89 available Commercial Office zoned property and 87 acres of Residential Single Family (RS -7) zoned property. 7. The Commercial Office zone is " ... intended for those business, office, administrative or professional uses which do not involve the retail sale of goods, but rather provides a service to clients, and do not create high traffic volumes, have extended hours of operation, or are detrimental to adjacent residential areas ". 8. A rezone proposal must pass the following tests to avoid being considered a spot zone: 1) the parcel of land has not been singled out for special and privileged treatment; 2) the action is considered to be 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 and Land Use Map were reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be most relevant Findings and Conclusions — REZ 09 -02 Page 2 to the proposal: Land Use Element Goal A, Policy A.1 & 2, and Objective A.1: Commercial Goal D and Policy D.1; Policy E.1, 2, 3 & 5; Transportation Element Policy B.14 and Objective B.1. The Land Use Map designation is Commercial. 10. The SEPA Responsible Official issued a Determination of Non - Significance on July 2, 2009. This satisfies the City's State Environmental Policy Act review. 11. Notice of the rezone application was placed in the Peninsula Daily News on May 12, 2009. Mailing labels were provided by the applicant, and surrounding property owners were notified by mail on May 10, 2009. Written comment was taken on the proposal until June 22, 2009. One letter was received during the written comment period from Mr. Higdon. Mr. Larry Higdon's concern, as expressed to staff, is regarding development that would cause additional traffic issues. This is an issue to be addressed when, and if, there is a development proposal for the property. 12. The City's Public Works and Utilities Department commented that available utilities to the area include: City power, sewer, and water. The Fire Department had no objection to the rezone proposal. All emergency services are available to the area. 13. Future development proposals will require specific project review including issues such as access, noise, lighting, and landscaping. The City's Public Works and Utilities Department commented that any commercial use of the site will require off - street parking to address all parking needs. 14. The Planning Commission considered the matter at a public hearing conducted on July 8, 2009, and recommended approval of the rezone as proposed by staff to include Lots 11 and 12, Block 239, and Lots 9 and 10, Block 260, TPA. Conclusions 1. The proposal is in accordance with the City of Port Angeles Comprehensive Plan and Land Use Map. 2. To avoid any potential claim of spot zoning, a rezone should be comprised of Lots 11 and 12, Block 239, and Lots 9 and 10, Block 260, TPA. The action rezones all of the lots within the immediate area along the 8th Street corridor that are vacant and that are eligible for rezone per the Comprehensive Plan Land Use Map in accordance with the Map's Commercial designation for the area. The action cannot then be considered a spot zone. 3. As approved the rezone is compatible with surrounding zoning and land uses and will encourage development of the area as is expected by the City's Comprehensive Plan as implemented by the City's zoning regulations. The rezone is therefore in the public interest. Findings and Conclusions — REZ 09 -02 Page 3 4. It is in the best interests of the City to designate additional property as Commercial Office. Adopted by the Port Angeles City Council at its meeting of August 4, 2009. Gary Braun, Mayor Becky U t City y p y lerk T: \FORMS \F &CHankii;s.doc REZ 09-02 Subject Lots Current Zoning Legend subject parcels Zoning COPA Zoning CA CBD L JCN CO LJ - — CSD IH IL Li PBP PRD RHD RMD RS11 RS7 RS9 RTP L LIll 1111111111111=1011111101111111111111•1111111N11•1111111111MON11111111111 Mangano Lots 11 & 12 Block 239 j .11 -- 8th Street V ■ 1 t I i 1 _ - i 1 1111111111111=1011111101111111111111•1111111N11•1111111111MON11111111111 Mangano Lots 11 & 12 Block 239 j .11 -- 8th Street ,..11„ iNQq%21 V ■ 1 t I i 1 _ - ' 1 Hankins Lots 9 & 10 Block 260 i . , L i --1 ,..11„ iNQq%21 V ■ 1 t I i 1 _ - ' 1 ,..11„ iNQq%21 Summaries of Ordinances Adopted by the Port Angeles City Council on August 4, 2009 Ordinance No. 3369 This Ordinance of the City of Port Angeles, Washington, rezones Lots 11 and 12 of Block 239, and Lots 9 and 10 of Block 260, Townsite of Port Angeles, from Residential Single Family (RS- 7) to Commercial Office (CO). Ordinance No. 3370 This Ordinance of the City of Port Angeles, Washington, approves the 13 -lot subdivision in the RS -9 zone known as JOKRIJO Subdivision. Ordinance No. 3371 This Ordinance of the City of Port Angeles, Washington, revises Chapter 3.42 of the Port Angeles Municipal Code relating to the Treatment Plant Operations and Maintenance Fund. Ordinance No. 3372 This Ordinance of the City of Port Angeles, Washington, revises Chapter 3.70 of the Port Angeles Municipal Code relating to Medic I Charges. Ordinance No. 3373 This Ordinance of the City of Port Angeles, Washington, adopts a Facade and Signage Improvement Program. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us , or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday, 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, MMC City Clerk Publish: August 9, 2009