HomeMy WebLinkAbout3502 ORDINANCE NO. ,.-,.-,'
AN ORDINANCE of the City of Port Angeles, Washington, rezoning
approximately 1.36 acres from Residential Single Family RS7
to Commercial Office CO.
WHEREAS, the City received an application to rezone approximately 1.36 acres
from RS-7 Residential Single Family to CO Commercial Office; and
WHERE-AS, a public hearing was conducted by the Planning Commission on
April 9, 2014 and the Planning Commission recommended rezoning 1.36 acres from RS-7
Residential Single Family to CO Commercial Office; described as:
All of Lot 1, the north 90 feet except the west 40 feet of Lot 2, the south
50 feet of Lot 2, and all of Lots 12-18, Block 175 of the Government Townsite of
Port Angeles, situated in Clallam County, Washington, otherwise known as 825
East Fifth Street, 410 Race Street, and 834 East Fourth Street, Port Angeles,
Washington.
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
43.210 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:
- 1, -
Section 1. The Findings and Conclusions marked Exhibit A and a map of the
property marked Exhibit B are attached and 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 on the first page from RS-7
Residential Single Family to CO Commercial Office.
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 20th day of May, 2014.
v/
Y- ---GR
ATTEST:
J n ssa Hurd, City Clerk
APP OVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED: a a- d 5", 2014
By §kimmary
HAa ORDI NANCES&RE SOLUTIO NSQ006-1 0.BradowRezone.032806,wpd
May 20,2014
- 2 -
Exhibit A
FINDINGS, AND CONCLUSIONS IN SUPPORT OF REZONE 14-01
Phillips, Nevaril, and Bowport Estates
Findings
Based on the information provided in the Community Development Staff Report for REZ 14-01 dated
April 9, 2014, including all information in the public record file, comments and testimony presented
during the public hearing, the Planning Commission discussion and deliberation, and the above listed
conditions of approval, the City of Port Angeles Planning Commission hereby finds that:
I An application for rezone of 3 parcels from RS-7 Residential Single Family to CO Commercial
Office was received by the City of Port Angeles Department of Community & Economic
Development on March 12, 2014, from Craig Phillips. Mr. Phillips (owner of 825 5"' St.) is joined
in the rezone request by Ron Nevaril (owner of 410 Race St.) and Bowport Estates, Inc. (8 3 4 4th
St.). The application was deemed to be complete on March 12, 2014.
2. Land use in the area is a mix of low and high density residential uses: high density apartments to
the west of the subject parcels and single-family residential on, south, and east of the site.
Commercial uses and two churches are located in the neighborhood along the Race Street corridor
as well as Erickson Park and Civic Field.
3. The subject site is located in the Peabody Creek Neighborhood which is found in the City's North
Central Planning Area on the City's Comprehensive Plan Land Use Map.
4. The City's entire Comprehensive Plan and Land Use Map were reviewed with respect to the
proposal. The following elements, goals, and policies were found to be most relevant to the
proposal: Land Use Element Policies, Goal A, Policy No. 1, 2; Goal A, Objective No. 1; Goal B;
Goal C, Policy No. 1; Goal D, Policy No. 1; Goal E, Policy No. 2; Transportation Element, Goal
A, Policy No. 3; Goal B, Policy No. 14. These references are attached as Attachment B to the
April 9, 2014 staff report.
5. The City's Comprehensive Plan provides an expected framework for land use decisions within the
City. The zoning of any property must be consistent with the Comprehensive Plan Land Use Map
that illustrates where certain classifications of uses may occur within the City.
6. In accordance with Section 17.03.020 of the Port Angeles Municipal Code, changes to the City's
Zoning Map must be in the public interest and must be consistent with the Comprehensive Plan
and Land Use Map
7. The subject properties are identified on the City of Port Angeles Comprehensive Plan Land Use
Map as being located mostly in the Commercial designation with the western portion of the 825 E.
5th parcel located in an imprecise margin between Commercial (C) and Medium Density
Residential (MDR) designations. An imprecise margin allows flexibility in specific site
boundaries.
8. A rezone of 14 parcels to Commercial Office (CO) along the Race Street corridor between 4th and
7th Streets (REZ 07-01) was approved on September 4, 2007, and codified by Ordinance 3296.
This rezone was approved following redesignation of the Race Street area on the City's
Comprehensive Plan Land Use Map in 2006. The 2007 rezone began a rezone of the Race Street
corridor between 4"' and 7"' Streets subject to the Comprehensive Plan Land Use Map designation
to Commercial Office (CO), 100 feet deep each side of Race Street. The subject parcels were not
included in the earlier rezone action due to the inability to contact property owners at that time.
Those three remaining property owners have now requested a similar rezone to Commercial
Office.
Findings and Conclusions-KEZl4-Ol
May 20,20|4
Page
4. The subject rezone area is comprised of property ownerships, two ownerships are in alignment
with other commercial development boundaries along Race Street being 100 feet in depth from
Race Street. One property contains u structure (X25 East 5t" SbcrA that spans 6 full City lots.
The structure was built iothe ]q50`oio nonconformity 10 the underlying zone and operated uyo
nursing home for that entire period oftime. I)uaigua1ioo of the building site as one zone will
avoid conflicts with building standards and/or uses in future use of the property.
10. Spot zoning iu an arbitrary and unreasonable zoning action by which uo area is specially zoned
for muse classification totally different from and inconsistent with the C{aami[iva1iou of the
surrounding land and not io accordance with o comprehensive plan. The reasons for invalidating
arczone as an i]{cgo] spot zmoc usually include one or more of the following: /Il the rezone
primarily oozveo uprivu1c interest, /2\ the rezone is inconsistent with o comprehensive plan or the
surrounding territory, Or (3) the rezone constitutes mu arbitrary and capricious action.
ll. The CO zone is the City's least io|coyivc commercial zone and is intended to function as a
1Tuoaitioo area between residential and more intense uozunucrcio} activities or iolpac1a. Tlsca
pern-riUud in the CO zone include financial service offices, real estate service offices, personal
service facilities, bueiocua and professional offiooy, child cuzo centers, medical/dental clinics and
offices and laboratories, and detached single family residences that meet the area and
dimensional requirements of the llS-7zone.
12. flauc Sbco1 is designated as part ofthe Ci1v`a alternate crosstown traffic route. Adopted policies
suggest that increased traffic congestion that impairs transportation mobility along this route will
not be encouraged. The crosstown route was created to relieve pressure on the principal arterial
/SIl 101\ and the minor arterial (Marine Drive) corridors particularly through the [)ovvutnnol
area. Access to uses along the crosstown route will bc reviewed 10 ovoid negative impacts{othe
route that will not impede traffic flow.
13. Cocuoneccio] Office uses generally geuczn1e less traffic than more intensive coozuzcroin| oaeo and
therefore should have relatively little impact to traffic flow ooRace Street.
14. Notice of the rezone application was placed io the Peninsula Daily News 0o March l8` ?014.
Surrounding property owners were notified by mail and the site was posted on March T4, 2014.
��0nriUeo public cozuzucu1vvuareceived by the end 0[the p/ iUcopublic 000nroeu1yecio� that
ended oo April l, 20l4.
15. The City's S8]/A5tompousib|c ()fficim| issued uZ)c[eroziom(ioo of Non-Significance on April 7,
2014. This satisfies the City's S|BP/\responsibilities. The action is o non project action. Future
development will require individual review dependent on the proposed action.
16. The proposal is usitc specific rezone per R.C.W. 36.7013 Local Project Review("The Regulatory
Reform }\ot")` codified in Pod/\ogo[eo Municipal Code (P/\MC) as Section 18.02.070. The
application is limited to one "open record"public hearing and one closed record decision. /\
public hearing will be conducted hy the Planning Commission. All testimony and documents
considered at the public hearing will be transmitted to the City Council along with the action
recommended hy the Planning Commission. The City Council will consider the record oFthe
yluouiog Coozozieoiou at e public meeting and will then decide whether 10 grant the requested
rezone. Appeals must bc based solely ou the information contained in the official file and shall
bo filed with Superior Court.
Findings and Conclusions—REZ 14-01
May 20,2014
Page 3
rezone. Appeals must be based solely on the information contained in the official file and shall be
filed with Superior Court.
Conclusions:
Based on the information provided in the Department of Community Development Staff Repoli for
REZ 14-01 dated April 9, 2014, including all of the information in the public record file, comments,
and testimony presented during the public hearing, the Planning Commission's discussion and
deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles
Planning Commission hereby concludes that:
1. As proposed, the rezone is in compliance with the City's Comprehensive Plan and Land Use Map.
2. The rezone provides a low intensive commercial transition area between residential land uses and
all established traffic corridor, and continues the established urban design of the area as is
identified on the City's Comprehensive Plan Land Use Map.
3. The proposed rezone is compatible with surrounding zones and land uses and provides a logical
transition between zones.
4. The rezone is not a spot zone as it does not meet the criteria for a spot zone
Adopted by the Port Angeles City Council at its meeting of 1U(Iq2 c�Q, 2014.
D=4)i-044 W;-Mayor 1114
L Hurd,
Ja�� City Clerk
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Summaries of Ordinances Adopted by the
Port Angeles City Council
On May 20, 2014
Ordinance No. 3502
THIS ORDINANCE of the City of Port Angeles, Washington, rezones approximately 1.36 acres
from Residential Single Family RS7 to commercial Office CO.
Ordinance No. 3503
THIS ORDINANCE of the City of Port Angeles, Washington, amends Chapter 2.40 of the Port
Angeles Municipal Code relating to the Port Angeles Forward Committee
Ordinance No. 3504
THIS ORDINANCE of the City of Port Angeles, Washington, repeals Chapter 3.05, Purchasing
Policies and Procedures and Chapter 3.06, Investment of Funds of the Port Angeles
Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofp i.us, or will be mailed upon request. Office hours are Monday through
Friday, 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of
publication by summary.
Janessa Hurd, CMC
City Clerk
Publish: May 25, 2014