HomeMy WebLinkAbout3222ORDINANCE NO. 3222
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
Commercial Shopping District (CSD).
WHEREAS, the Planning Commission of the City of Port Angeles has considered a
proposal to rezone to Commercial Shopping District (CSD) 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.
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Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby
amended to change the zoning of the following described property to Commercial Shopping
District (CSD):
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 shown in Exhibit A:
Parcels 63008430050, 63008430070, 63008430080, 63008430090,
63008340010, 63008340050, 63008340425, 63008340025,
63008340125, 63008340100, 63008420100, 63008430030,
63008430000, 63008430010, 63008430040, and 63008510540.
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 15th day of November, 2005.
ATTEST:
PUBLISHED: November 20, 2005
By Summary
1PAE�_
Gary aun, uty Mayor
APP OVED AS TO FORM:
William E. Bloor, City Attorney
G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS\2005 -38. SUGA,
rezone.l0- 7- 05.wpd: November 16, 2005
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Exhibit "A"
1 1111111.11.
Exhibit "B"
FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE APPLICATION - REZ 05 -02 -
CITY OF PORT ANGELES — RESIDENTIAL TO COMMERCIAL SHOPPING DISTRICT:
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
Commercial Neighborhood. 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 proposed zoning would create a buffer between S.R. 101 and the existing residential
zoning. This would improve the compatibility of the use along the highway and lessen
the impact of future highway impacts on the residential neighborhood.
County records delineate the a wetland over the following parcels: 63008420100,
63008430030, 63008430000, 63008430010, 63008430040. Staff conducted a site visit
and verified wetland vegetation on site.
5. In accordance with the Comprehensive Plan Commercial Goals and Policies Section E. 2,
"New commercial developments should follow a cluster configuration rather than strip
patterns."
6. The property is described as tax parcels 63008430050, 63008430070, 63008430080,
63008430090, 63008340010, 63008340050, 63008340425, 63008340025, 63008340125,
63008340100, 63008420100, 63008430030, 63008430000, 63008430010, 63008430040,
and 63008510540 and is situated between Bruch Construction and Gakin Rd south of
S.R.101.
7. The subject site is partially developed with approximately 11 single family residences,
one commercial building, and one industrial building.
8. The purpose of the CSD zone (PAMC 17.22.010) is "This is a commercial zone oriented
primarily to those businesses serving the daily needs of the surrounding residential zones
but is slightly less restrictive than the CN zone and as such provides a transition area
from the most restrictive commercial zones to those of lesser restrictions. Businesses in
this zone may occur on sites of varying sizes and shall be located at the intersections of
arterial streets of sufficient size to satisfy traffic demand and at the boundaries of
neighborhoods so that more than one neighborhood may be served. Commercial uses
that are largely devoid of any impacts detrimental to the environment are allowed.
Service stations with petroleum products are permitted uses. This zone provides the
basic urban land use pattern for large lot, commercial uses serving much of the City with
direct access on an arterial street and design standards for greater automobile and truck
traffic."
9. 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.
10. Commercial development in the CSD zone may develop on lots 7,000 sq.ft. in size with a
maximum lot coverage of 50 %. Landscape buffers are required between commercial,
industrial and residential zones.
11. 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.
12. The Comprehensive Plan Land Use Map designates properties in the area as Commercial.
13. 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; Land Use Element Commercial Goals D and Policy D.1; Goal E, and
Policy E.2; and Goal H and Policy H.1; Capital Facilities Element Goal C.
14. The City's inventory of land zoned Commercial Shopping District (CSD) is
approximately 58.4 acres. Analysis of the buildable land supplies of various zones has
shown that there are limited Commercial Shopping District lands remaining undeveloped.
15. The SEPA Responsible Official issued a Determination of Non - Significance on August
30, 2005.
16. 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 Commercial
Neighborhood.
17. The City's Public Works and Utilities Department did not have any comment. Utilities
are presently being installed in the area to support industrial and commercial
developments. The Fire Department has noted that commercial use of the property would
be subject to applicable fire protection provisions, including the provision of adequate
fireflow. It is the Fire Department's understanding that hydrants will not be provided on
the south side of Highway 101. This could prove to be a challenge for future
development of the property.
18. 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 staffs continued review of the proposal.
19. Future development of the subject property will require specific project review including
issues such as access, noise, lighting, landscaping and environmentally sensitive review.
20. 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 Commercial. Based on this designation staff is recommending
approval of the proposed rezone.
2. The access issues related to S.R. 101 and potential for strip development in this area are
of concern to the Department. By creating additional commercial access points there is
potential that another section of S.R. 101 will see diminishing service levels.
Considering that WSDOT and the Public Works and Utilities Department did not note
these same concerns, it is recommended that these issues be mitigated at the time of
development. Developers should be prepared to address these issues in their plans for
future development of the site.
3. Future development proposals should mitigate all environmental concerns regarding the
wetlands on parcels 63008420100, 63008430030, 63008430000, 63008430010,
63008430040.
4. Future development proposals should anticipate the necessity to install fire protection
provisions.
5. The site can provide a logical transition between land uses that will not adversely impact
the existing development in the area.
6. 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.
7. 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.
8. 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 15, 2005.
Braun, , eputy Mayor
Becky J. U n, Cler
I: \Rezone Applications \ordinance findings CSD.doc
Summaries of Ordinances Adopted by the
Port Angeles City Council
on November 15 2005
Ordinance No. 3222
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
Commercial Shopping District (CSD).
Ordinance No. 3223
This Ordinance of the City of Port Angeles, Washington, authorizes a 1 %, or $34,487,
over the highest lawful levy for 2005, increase in the regular property tax levy plus any
increase resulting from new construction and other specified increases in assessed
valuation, authorizes a $60,000 tax refund levy, determines and fixes the amount to be
raised by ad valorem taxes for the fiscal year 2006, and directs the City Clerk to certify
said amount to the Board of Clallam County Commissioners.
Ordinance No. 3224
This Ordinance of the City of Port Angeles, Washington, amends Port Angeles Municipal
Code 3.70.080 relating to building, mechanical, and plumbing permit fees, and it shall take
effect immediately.
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.
Unless otherwise stated above, these Ordinances shall take effect five days following the date of
publication by summary
Becky J. Upton, CMC
City Clerk
Publish: November 20, 2005