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HomeMy WebLinkAbout3220ORDINANCE NO. 3220 AN ORDINANCE of the City of Port Angeles, Washington, rezoning a newly annexed area in the Southwest Urban Growth Area south of U.S. Highway 101 west of Gakin Road to Industrial Heavy (IH). WHEREAS, the Planning Commission of the City of Port Angeles has considered a proposal to rezone to Industrial Heavy (IH) the recently annexed property in the Southwest Urban Growth Area south of U.S. Highway 101 west of Gakin Road as legally described below; and WHEREAS, the Planning Commission has recommended to the City Council approval of the rezone proposal with a suggestion that a service road parallel to Highway 101 be included to provide access to commercial lots; 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, considering the Planning Commission's recommendation, finds that there have been changes in circumstances since the current zoning designations were adopted and that said 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 to this Ordinance are hereby adopted, entered, and incorporated herein. -1- Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of the following described property to Industrial Heavy (IH): A portion of the south half of section 8, Township 30 North Range 6 West of the Willamette Meridian, Clallam County, Washington, described as follows and as shown in Exhibit A: Parcels: 63008339020, 63008330125, and 63008330150. 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 - Severability. If any provisions of this Ordinance or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5 - 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 ist day of November, 2005. ATTEST: Becky J.0 ,C(yClerk PUBLISHED: November 6 , 2005 By Summary Richard A. Headrick, Mayor APP VED AS TO FO mac—= ; William E. Bloor, City Attorney G:\ Legal_ Backup \ORDINANCES& RESOLUTIONS\ 2005 -39. SUGA. rezone.10- 19- 05.wpd: October 27, 2005 - 2 - Exhibit `B" FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE APPLICATION - REZ 05 -02 - CITY OF PORT ANGELES: Findings 1. On August 30, 2005, the City of Port Angeles submitted a request on behalf of property owners to rezone approximately 38.94 acres from Residential Single Family RS -7 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. 3. The property is described as tax parcels 63008339020, 63008330125, 63008330150, and is situated between Bruch Construction and Gakin Rd south of S.R.101. 4. 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." 5. County Zoning in the area includes County - Rural Moderate (R2) to the south, County Urban Low Density (LD) and County - Urban Neighborhood Commercial (UNC) to the north. City zoning includes Industrial Heavy (IH) zoning to the west and residential Trailer Park to the northwest. Developed properties in the area are consistent with underlying zoning designations. 6. 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. 7. The Comprehensive Plan Land Use Map designates properties in the area as Industrial. 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; Goal H and Policy H.1. 9. The inventory of Industrial Heavy (IH) zoned land is approximately 809.2 acres. Analysis of the buildable land supplies of various zones has shown that the existing Heavy Industrial zoning is approximately 65% developed and is largely owned by the Port. 10. The SEPA Responsible Official issued a Determination of Non - Significance on August 30, 2005. 11. The public comment and notification period for the Planning Commission meeting ran from August 30 to September 19, 2005. Mailing labels were provided by the applicant. Surrounding property owners were notified that the request was for Industrial Heavy. 12. One letter of concern was received as a result of the public notification process. The main issues of concern were regarding the existing wetland and the perceived need for a stop light at Fairmount Ave. Additionally, the letter indicated that the landowners in the area may wish to continue using their property for raising livestock. The letter was included in staff's continued review of the proposal. 13. Future development of the subject property will require specific project review including issues such as access, noise, lighting, landscaping and environmentally sensitive review. 14. Section 17.96.100 of the Port Angeles Municipal Code identifies procedures for amendment to (rezone) the City's Zoning Map 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. 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. 3. The City's action on rezone application REZ 05 -02 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 4. Municipal utilities in the area will be adequate to supply power, water, communications, and sewer. Ultimate development plans may require further 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. Adopted by the Port Angeles City Council at its meeting of November 1, 2005. Gary Bids raun, NFayor Becky J. Up ;e,, C Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on November 1. 2005 Ordinance No. 3220 This Ordinance of the City of Port Angeles, Washington, rezones a newly annexed area in the Southwest Urban Growth Area south of U.S. Highway 101 west of Gakin Road to Industrial Heavy (IH). The property is described as a portion of the south half of Section 8, Township 30 North Range 6 West of the Willamette Meridian, Clallam County, Washington, Parcels 63008339020, 63008330125, and 63008330150. Ordinance No. 3221 This Ordinance of the City of Port Angeles, Washington, revises the City's Fire Department Fees - Medic I, and Chapter 3.70 of the Port Angeles Municipal Code. 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: November 6, 2005