HomeMy WebLinkAbout3678 II
ORDINANCE C.
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AN ORDINANCE of the City of Port Angeles, imposing an immediate
moratorium on the filing, accepting, processing andJor approval of
City applications for the installation of any new surface style
parking lots fronting commercial corridors in the City's Central
Business District (CBD), Commercial Arterial (CA), Commercial
Shopping District (CSD), Commercial Neighborhood (CN) and
Commercial Office (CO) Zones and providing for s,everability and
effective date.
WHEREAS, the moratorium is to address the installation of any new surface style parking
lots fronting commercial corridors as indicated in Exhibit A, potentially creating an excess of hard
surfaces within the City, the demolition of existing buildings that provide housing in the community
!and creating greater problems in achieving pedestrian-oriented commercial block frontages and
'future implementation of Form Based Code. By imposing this moratorium, it will allow additional
;permitted
to explore options and draft new land use regulations regarding parking lot design standards,,
j ,permitted uses in commercial districts and commercial district block frontage standards, along
,commercial corridors in the City's CBD ,CA, CSD, Cl and CO Zones; and
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IEREAS, at this time PANIC Chapter 14.40 regulates, off street parking requirements in
'the City and PANIC Chapters 17.20, 17.21, 17.22, 17.23 and 17,24 regulates permitted uses, and
parking design standards in the City's City's CBD CA, CSD, CN and CO Zones; and
WHEREAS, the City Council has expressed a desire to discuss a policy addressing the
�reduction of parking requirements throughout the City;
WHEREAS, the City believes a moratoriurn on all City applications for the installation of
any new surface style parking lots fronting commercial corridors in the City's CBD CA, CSD,
CN and CO Zones is in the City's best interest; and
WHEREAS, RCW 36,70A.390 authorizes, the City Council to adopt an immediate
moratorium for a period of up to 6 months without holding a public hearing on the proposal if a
�pubfic hearing is held within at least 60 days of its adoption, and
WHEREAS, RCW 36.70A.390 also provides an extension of up to an additional 6 months
lis possible if there is work plan developed for related studies; and
WHEREAS, moratoriums enacted under RCW 36.7'OA.390 and/or RCW 35.63,20O are
methods by which local governments may preserve the status quo so that new regulations will not I
be rendered moot by intervening pro'ects; and
J
WHEREAS, pursuant to WAC 197-11-880, the adoption of this ordinance is exempt from
the requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, there are known development ap�plications,, as included in Exhibit B, for the
installation of new surface style parking lots fronting the identified commercial corridors and some
are considered vested and therefore not affected by this moratorum,- and
WHEREAS, the City Council concludes that the City has the authority to establish a
moratorium and that the City must adopt a moratorium concerning the installation of any new
surface style parking lots fronting commercial corridors in the City's CBD CA, CSD, CN and CO
Zones,,
II
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT AI" GELES DO If EREBY ORDAIN AS
FOLLOWS:
Section 1. Moratorium Imposed. A moratorium is imposed on the filing, acceptance i
and processing of new applications for the the installation of new surface parking lots fronting
commercial corridors as indicated in Exhibit A within the CBD CA, CST), CN and CO Zones, as,
said terms are used in PAMC Chapters 14.40, 17.20, 17.21, 17.22, 17.23 and 17,24, Turing the
term of this moratorium, the City will not accept or process new City applications for the
installation of any new surface parking lots fronting commercial corridors as indicated in Exhibit
1 A; however, this moratorium will not apply to any pending applications that were determined
complete and vested, as provided in the Port Angeles Municipal Code and RCW, before the
effective date of this ordinance.
Section 2. Duration of Moratorium. The moratorium imposed by this Ordinance will
be in effect for a period not to exceed six months, beginning on the date of the adoption of this
Ordinance.
Section 3. Public Hearing on Moratorium. Pursuant to RCW 36.70A390, the City
Council must hold a public hearing on this moratorium within 60 days of passing this ordinance, I
Immediately after the public hearing, the City Council must adopt findings of fact on this
moratorium to justify its continued imposition or cancel the moratorium.
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Section 4. Non-Codification. This Ordinance shall not be codified in the Port Angeles
i Municipal Code.
Section 5, Ratification. All actions taken in furtherance of and not inconsistent with
this ordinance are ratified and confirmed in all respects.
Section 6. Severability, If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 7, Emergency Declaration and Effective Date. Therefore, the City'
moratorium must be imposed immediately to prevent any development rights from vesting an
preserve the City's ability to process applications under valid codes. Without a moratorium,
applications for the installation of any new surface style parking,lots fronting commercial corridors
in. the CBD ,CA, CSD, Cl' and CO Zones would become vested under current code, which may
damage future City policy. This ordinance,passed by a majority plus one of the whole membership
of the City Council as a public emergency ordinance necessary for the protection of the public
I health, public safety, public property, or public: peace, shall be effective immediately upon its
passage,
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any references
thereto.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 7th day of September, 202 1.
Kate Dexter, Mayor
OVED AS TD FORM�7
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'Willia�lt. door, City Attorney
ATTEST-.
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Mari Martinez-Bailey, Cit�X,� ,L,1111
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EXHIBIT B
Vesting S�mary.The Vested Rights Doctrine determines whether a development application is subject
to new development regulations that are adopted after an application is submitted but before it is
approved.
lin anticipation of this Moratorium, DCED Staff reviewed the last 2-years of applications on file to
determine the projects that may be affected by the moratoriurn.
Non-Vested Applications: Vested Applications:
1, Pre-Application, PZ 21-35, 114 West 1, Building Permit Application, BP 21-776,
Fronit Street, CEID Zoning: New surface 707 S. Chase Street, C-0 Zoning:
parking lot construction proposed on Demolition of old roller skating rink and
existing gravel Illot construction of new medical clinic with
2, Pre-Applicatioln, PZ 21-36, 535 East V new surface, parking lot
Street,CA Zoning: Redevelopment and
partial demolition of old Aggies
building/Serenity House's supportive
housing which may,lnclude new surface
parking
3, Pre-Application, PZ 21-40, 1527 East 1"
Street,CA Zoning: Redevelopment and
demolition,of old Bushwacker
Restaurant and construction of new
chain,restaurant with drilve thiru,and
new parking lot
4, Shoreline Substantial Development
Permit, PZ 21-06, 101 East Front Street,
CDB Zoning: New hotel that includes a
new surface parking fronting Front,
Laurel and First
Exhibit B—Surface Parking Moratorium Ordinance 4