HomeMy WebLinkAbout3648 ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, rezoning
three 7,000 square foot parcels from RS-7, Residential Single
Family(RS-7) to Community Shopping District(CSD).
WHEREAS, the City received an application to rezone three approximately 7,000
square foot parcels from Residential Single Family (RS-7) to Community Shopping District
(CSD); and
WHEREAS, a public hearing on that application was conducted by the Hearing
Examiner on October 10, 2019; and
WHEREAS, after the public hearing, the Hearing Examiner entered Findings,
Conclusions, and Recommendation; and
WHEREAS, the Hearing Examiner 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 has thoroughly reviewed and considered the rezone
application, the record of the public hearing, and the Hearing Examiner's Findings,
Conclusions, and Recommendation; and
WHEREAS, the City Council finds that there have been changes in circumstances
since the current zoning of the property was adopted, that the proposed rezone is consistent
with the Comprehensive Plan, and that the proposed rezone is in the best interest of the City
and its citizens; and
WHEREAS, the City Council approves and adopts the Findings, Conclusions, and
Recommendation of the Hearing Examiner,
f
1
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO HEREBY ORDAIN as follows:
Section 1. The Findings, Conclusions and Recommendation marked Exhibit A
and a map of the property marked Exhibit B are attached and hereby approved, adopted, and
incorporated herein.
Section 2. The application to rezone three 7,000 square foot parcels from RS-7
to CSD is hereby granted.
Section. 3. The Official Zoning Map, Ordinance 2801 as amended, is hereby
f
amended to change the zoning of that property described in Exhibit A from RS-7, Residential
Single Family to CSD, Community Shopping District. i
Section 4. 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 S - Effective Date. This Ordinance exercises authority granted
i
exclusively to the City Council and is not subject to referendum. It shall be in force and take
effect S (five) days after publication according to law.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held on the day of November, 2019.
Sissi Bruch, M A Y O R
AT EST:
Kari Martinez-Bailey, er
APP b ED AS ^O. M:
William E. Bloor, City Attorney
PUBLISHED: 0J 2019
By Summary
- 2 -
Exhibit "A"
VI. FINDINGS [)FFACT&STAFF ANALYSIS
Analysis and findings of fact from City Staff are based on the entirety on the application materials, Port
Angeles Municipal Code (PAMC),standards, plans, public comment,and all other materials available during
the review period. Collectively the information contained in the staff report is the record of the review.The
findings and analysis in this report are a summary of the City Staff completed review.
City ofPort Angeles Comprehensive Plan
All Rezone (REZ) applications must abide by the Port Angeles Comprehensive Plan. The following Port
Angeles Comprehensive Plan policies are identified by Planning Division Staff to support the proposal in
CUP Application No. 18-41:
Land Use Element
Goal: To guide current and future development within the City in a manner that provides certainty
G-3A to its citizens about future land use and the flexibility necessary to meet the challenges and
opportunities of the future.
Policy: The Comprehensive Plan Land Use Map should be used as a conceptual guide
P-3A.01 for determining current and long-range zoning and other land use decisions.The
map's land use designations are intended to show areas where general land use
types are allowed. The area between land use designations should be
considered an imprecise margin in order to provide flexibility in determining the
boundary of such areas.When determining appropriate zoning designations for
an area near a margin,the goals,policies and objectives of the Land Use Element
should take precedence.
Policy: All land use decisions and approvals made by the City Council and/or any of its
P-3A.02 appointed Commissions, Boards or Committees should be consistent with the
Comprehensive Plan and its land use map.
Goal: To create and maintain a healthy and diverse commercial sector for a balanced and stable
G-3-D local economy.
Policy: The City should encourage the recruitment of new and the retention of existing
P-3-D.01 commercial developments and businesses, which are consistent with the goals
and policies of this Comprehensive Plan.
��Lqlj REZ Application 18-41 obides by and iS consistent with the gools, policies, and intent o the
LondUse Element. The rezone oF225 North Francis Street will provide the Georg/onowith services that are
cornpotib/ewith the intent ofthe Comprehensive Plan Land Use Map,
Port Angeles Municipal Code
The following Port Angeles Municipal Code /PAMC\ provisions are seen as relevant to this application.
Planning Division Staff provides comments under each provision as demonstration of the analysis that has
occurred with the application review process and the findings of fact relevant to the application.
Title 17—Zqnj.[1g
PA&4[ Chapter17.U3.O2O "Zoning Map", includes the purpose and direction of rezoning property in Port
Angeles.
A zoning map,showing the location and the boundaries of the various zones in the City,shall be established
as the Official Zoning Map and shall be an integral part of these Zoning Regulations. The Zoning Map shall
beconsistent with the City's Comprehensive Plan Land Use Map, and the land use designations unthe
Zoning Map shall be at the same or lesser intensity of uses and impacts on surrounding uses as the
Comprehensive Plan Map. Where the zoning land use designation is at e lesser intensity than the
comprehensive plan designation, a rezone may be granted if circumstances have been shown to be
changed and the public use and interest is served, Where the zoning land use designation isatagreater
intensity than the comprehensive plan designation, a rezone consistent with the comprehensive plan must
beobtained before new development will bepermitted.
The Comprehensive Plan Land Use Map designates the two/otsoswholly within [o/nmerc/o/
Use (seefioure2), Generally, (.bmrnercial Office (CO)zoning does not cross west of Froncis Street north of
Front Street, Zoning eostofFroncis Street isprirnor/u[Dzoning, ondthe zoning ufthe north ho�fofBlock 8
and Block 37tothe north issplit between COand RS-7, Residential Single Family. Any future p/oposo/for
the development of the two lots will be required to cneet the stundonds of the [o/nn`erc/o/ Office zone
located /n [hop&yr27.2Dofthe Port Angeles Municipal Code, This zone is the City's lowest intensity zone
and is meant to act as o buff�r between residentiol and higher intensity cornmercial zoning, Staff finds the
propped zoning tocomply with the Comprehensive Pion Land Use Map, Additional, Stof findsthe proposed
zoning is prevalent/nthe sunnund/ngneighborhood onddoes not-isolated or .split"zoning.
Title 18—Growth Management
PAM[ Chapter I8.02.070 — "Application Review Process", includes guidance on the state mandated
application review process set forth in R[VV36.7O8.
A. Public hearing limitation. There shall be no more than one open record hearing and one closed
|
record appeal conducted 6vthe City onany development application.
B. Optional consolidated review.
1. When requested by the applicant, the City shall provide a single application review and
approval process covering all development permits requested by an applicant for all or part
of a project action and shall designate a single permit coordinator for such review.
2. If on applicant elects the consolidated permit review process, the determination of
completeness, notice of application, and notice of final decision must include all project
permits being reviewed through the consolidated permit review process.
]. Consolidated permit review shall be limited to single open record hearing and no more
than one closed record appeal.
Page 4 of 7
� 4. |nthe case of consolidated project permit review, the Planning Commission shall conduct
the single record public hearing and shall make the initial determination on the permits,
which determination shall be either recommendation ora final decision, depending on
the processing requirements established 6vordinance for each specific permit involved,
The City Council shall be either the final decision-making or appellate body, depending
upon the permit processing requirements for the specific permits involved.
C. Single report. For project permits included in consolidated permit review that do not require an
open record predecision hearing, the City shall provide a single report, which may be the City's
permit decision document, which states all the recommendations and decisions made as of the
date of the report on all related permits for the project. If threshold determination other than a
determination of significance has not been issued previously by the City,the report shall include or
append this determination.
D. Combined meeting orhearing with other agency.
1. Meetings or hearings on any project permit may be combined with any meeting or hearing
held by another local, state, regional, federal, orother agency, provided that the meeting
or hearing is held within the geographic boundary of the City. schedule in the event that
additional time isneeded inorder tocombine the hearings.
2. Hearings shall be combined if requested by an applicant, as long asthe joint hearing can
be held within the time period specified in this chapter or the applicant agrees to the
E. Threshold determination appeals. Except for the appeal of a determination of significance as
provided inRCVV43.21[.O75and WAC 197 11-680,appea|smfother1hresho|ddeterminationssha||
be submitted prior to and combined with any predecision open record public hearing, if one is
provided for the development application involved or combined with an appeal of the underlying
project decision per PAK4C1.�I��l�D,
F. Notice of decision. A notice of decision,which may be a copy of the report or decision on the project
�
permit application,shall be provided to the applicant and to any person who, prior to the rendering
�
of the decision, requested notice of the decision or submitted substantive comments on the
application. The notice ofdecision shall be consistent with Chapter 36.7013 R[VVand shall include
a statement of any threshold determination made under Chapter 43.21C R[VV and Chapter 197-
11 WAC and the procedures for administrative appeal, if any. For non-administrative approva|s,
notice of the decision shall be published in the City's officially designated newspaper.
Anolysis: Sections /K and kY of this staff report document the adherence to the requirements presented/n
Chapter .18,D2,D7DI�I4MCand RCN/ �6.7OB. Planning Commission w//ll /brvvordorecommendation to the
City Council, which w////no6eohno/decision concerning the application buscdnnthe StoffReport, Planning
CbnnmiSs/on recommendation and record, written pub//c con7ment, and public testimony. Any oppeo/ is
requ/rcdtobefi/edwithin 24 days of the notice of decision and will be heord in these cases may be appealed
toSuper/or[ou/t,
Comments
Comments received prior tothe Planning Commission are summarized in Section Vufthis staff report.
Page 5 of 7
|
�
Environmental Review
In accordance with WAC 197-11-800/6\' this land use action has been determined to be categorically
exempt from Washington State SEPAthreshold determination rules, requirements, and procedures,
Consistency
In preparation and submission of Rezone (RE7) application, the applicant has demonstrated how the
requested rezone will be consistent and compatible with the Comprehensive Plan Land Use Map, and not
contrary to the public use and interest. Staff has reviewed the REZ application in accordance with the City's
Comprehensive Plan and the Port Angeles Municipal [ode criteria. The recommendation of approval to
change the City of Port Angeles Zoning Map will ensure future proposed uses are compatible for the
surrounding site and support public health and safety.
Recommendation
It is the recommendation of Planning Division Staff that the Planning Commission recommend approval of
Application No. 18-41' to amend the City of Port Angeles Zoning Map to the City Council. This
recommendation is based on staff review, application materials, applicable code criteria, public comment
and the findings included throughout the staff analysis and the conclusions included in Section V|| of the
|
staff report.
�
Page 6 oE 7
VII. DECISION & CONCLUSIONS
�
�
Having reviewed and considered the application materials, public comment, applicable criteria and all
the information presented, the City Planning Division recommends the Planning Commission forward
the recommendation of approval of Application No. 18-41 to the City Council, based onthe findings
within the staff analysis contained in this staff report and with the following conclusions:
1. Analysis and findings of fact from Staff are based on the entirety of the application materials,
municipal code, standards, plans, public comment, and all other materials available during the
review period. Collectively the information contained in the staff report is the record of the
review,The analysis and findings in this report is a summary of the City Staff completed review.
3. As proposed, the rezone is in compliance with the City's Comprehensive Plan and Land Use
Map.
3. Per PAMC Section 2.18.060 of the Port Angeles Municipal [ode (PAMC), the City Council has
the review authority and is authorized and directed to hear and decide on Rezone Applications.
As to all of the foregoing issues and matters, the decision of the City Council shall be the final
decision of the City.The decision of the City Council in these cases may be appealed to Superior
Court. Appeals must befiled within 15days ofthe notice ofdecision.
4. The proposed rezone meet the goals, policies, objectives and standards of the Comprehensive
Plan related tnthe Land Use and Transportation Elements.
�
Page 7 of 7
Summary of Ordinances Adopted by the Port Angeles City Council on November 19, 2019
ORDINANCE NO.3647
AN ORDINANCE of the City of Port Angeles,Washington,levying regular ad valorem property taxes for
collection in the fiscal year 2020,and directing the City Clerk to certify said amount to the Board of
Clallam County Commissioners.
ORDINANCE NO.3648
AN ORDINANCE of the City of Port Angeles,Washington,rezoning three 7,000 square foot parcels from RS-7,
Residential Single Family(RS-7)to Community Shopping District(CSD).
These ordinances are not subject to referendum and shall take effect 5 days after passage and publication
of summary.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
www.c typfpa.Lis or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to
5:00 p.m.
Karl Martinez-Bailey
City Clerk
Published by summary: Friday,November 22, 2019