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HomeMy WebLinkAbout3240• ORDINANCE NO. 3240 AN ORDINANCE of the City of Port Angeles, Washington, rezoning property in the 1100 block of Park Avenue from RS- 7 (Residential, Single Family) to RMD (Residential, Medium Density). WHEREAS, the Planning Commission of the City of Port Angeles has considered an application to rezone from RS -7 to RMD the property in the 1100 block of Park Avenue and described in the attached Exhibit A; and 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 43.21 C 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: Section 1. The Findings and Conclusions marked Exhibit B and attached are 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 in Exhibit A from RS -7 (Residential, Single Family 7,000 square feet) to RMD (Residential, Medium Density). • 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 21st day of March, 2006. ATTEST: Becky J. Up Cler APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: March 26 , 2006 By Summary G:\Legal_ Backup \ORDINANCES &RESOLUTIONS\ 2006 -05. RalstonRezone.022806. wpd March 2, 2006 • MAYOR Exhibit A - Ralston REZ 06 -05 Legal Description: The northerly 180 feet of lots 2, 3, and 4 of Highland View Acre Tracts and Lots 1 and 2 of Short Plat SHP 03 -04 filed in Volume 31 of Short Plats, P 65, Townsite of Port Angeles. 3 FINDINGS AND CONCLUSIONS IN SUPPORT OF REZ 06 -01 — RALSTON Findings 1. On December 29, 2005, John Ralston submitted a request to rezone approximately 1.86 acres from Residential Single Family RS -7 to Residential Medium Density. 2. The City's Comprehensive Plan Land Use Map is intended as the guiding document in establishing a conceptual framework for land use decisions. 3. The location supports several other multi - family developments and is found opposite the main BPA power substation and near Peninsula College. Medium density housing should be located where a higher concentration of residents is compatible with existing development. 4. The proposed zoning would create a buffer between the BPA substation and the existing residential zoning. 5. The property is described as Lots 1 through 4 Block 1 Highland View Tracts and is situated in the southwest corner of Park Avenue and Porter Streets. Exhibit "B" 6. The subject site is currently undeveloped. 7. The purpose of the RMD zone (PAMC 17.14.010) is "to provide for a mix of single - family, duplexes, and apartments at a density greater than single-family neighborhoods but less than the higher densities of the RHD zone. Commercial uses are not considered to be compatible. Few nonresidential uses are allowed in this zone and then only conditionally, because of land use impacts associated with nonresidential uses. This zone provides for a variety in the urban land use pattern for the City's lower density multi- family residential neighborhoods (at twice the density of the City's basic single family residential neighborhoods) with direct access on an arterial street, usually located in outlying areas with large tracts of vacant buildable land, and serving as a transitional use between low density residential uses and commercial /industrial uses." 8. Residential development in the RMD zone may develop on lots 7,000 sq. ft. in size with maximum lot coverage of 30 %. The density shall not exceed two dwelling units for the first 7,000 sq. ft. plus one dwelling unit for each additional 3,500 sq. ft. up to a maximum of 12.44 dwelling units per acre. Residential development in the RS -7 zone requires a minimum lot area of 7,000 square feet for each unit and maximum lot coverage of 30 %. The RS -7 zone allows for develop up to 6.22 Dwelling units per acre. 9. 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. 10. The Comprehensive Plan Land Use Map designates properties in the area as being located along an imprecise margin between Residential High Density and Residential Low Density. An imprecise margin is designated to allow expansion of a particular designation in specific instances on an individual basis. 11. 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 Residential Goals A and Policy A.1, A.2 and Objective 1; Goal B, and C, Policy C.1, C.2, C.3, C.4; Transportation Element Goal A and Policy A.3; goal B, and Policy B.14, and Objective B.1. 12. The City's inventory of land zoned for low density (RS -7 & RS -9) is approximately 2,045 acres or 38.7 %. The inventory of Residential Medium and Residential High Density (RMD & RHD) zoned land is approximately 279 acres or 5.3 %. (2003 figures) Analysis of the buildable land supplies of various zones has shown that there are limited medium and high- density neighborhood lands remaining undeveloped. 13. Peninsula College recently removed on campus dormitory space further exacerbating the housing supply. 14. The public comment and notification period for the Planning Commission meeting ran from December 29 to January 31, 2006. Twelve comment letters were received from the public as a result of the public notification process. The main issues of concern were regarding the safety of pedestrians, mainly students walking to the elementary school, potential activity of assumed occupants of future development, and local drainage issues. The letters were included in staff s continued review of the proposal. 15. The SEPA Responsible Official issued a Determination of Non - Significance on February 1, 2006. 16. The City's Public Works and Utilities Department did not have any comment on the rezone proposal. Utilities are presently available in the area and have recently been upgraded to support current and future developments in the area. The Fire Department has no objection to the rezone but notes that if medium density housing includes multi- family dwellings (tri -plex or larger), sprinkler systems will be required. 17. Future development of the subject property to other than single family residential use will require specific project review and will include conditions to address issues such as access, parking, noise, lighting, landscaping, and environmentally sensitive review. 18. 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. 2. The site is adjacent to both Park Avenue and Porter Street, both of which are collector arterials and school walking routes. Future development proposals should anticipate the necessity to install sidewalks for the provision of safe walking conditions along the school walking routes. 3. The site can provide a logical transition between land uses that will not adversely impact the existing development in the area. 4. 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. 5. The City's action on rezone application REZ 06 -01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 6. Municipal utilities in the area are adequate to supply power, water, communications, and sewer for multiple family housing development in the area. Ultimate development plans may require further improvement by the developer. As no adverse impacts to neighboring streets are anticipated and street, walkway, parking, and drainage will also be required with subsequent development, the proposed rezone is in the public interest. 7. The proposal will provide additional much needed property for the development of multiple family housing units, which is in the public interest. Adopted by the Port Angeles City Council at its meeting of March 21, 2006 are A. Rogers, Mayor Becky J. Upt n, Ci y Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on March 21 2006 Ordinance No. 3240 This Ordinance of the City of Port Angeles, Washington, rezones property in the 1100 block of Park Avenue from RS -7 (Residential, Single Family) to RMD (Residential, Medium Density). Ordinance No. 3241 This Ordinance of the City of Port Angeles Washington, ratifies and confirms the Council's approval of a purchase and sale agreement for the acquisition by the City of certain real property; authorizes the issuance to the seller of such real property of a limited tax general obligation bond of the City in the principal amount of $1,200,000 in accordance with the terms of such agreement; provides the date, form, and terms of the bond; and authorizes the annual levy of taxes to pay the principal of and interest on the bond. The full text of the Ordinance is 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. This Ordinance shall take effect five days following the date of publication by summary. Becky J. Upton City Clerk Publish: March 26, 2006