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HomeMy WebLinkAbout3296• • ORDINANCE NO. 3296 AN ORDINANCE of the City of Port Angeles, Washington, rezoning property on Race Street from RS -7 (Residential, Single Family) and RMD (Residential, Medium Density) to CO (Commercial Office). WHEREAS, the City received an application to rezone from RS -7 and RMD to CO an area 100 feet deep (2 lots) along Race Street between 4th Street and 7th Street; and WHEREAS, the proposed rezone is consistent with the City's Comprehensive Plan; 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 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 A, attached hereto, are hereby adopted and entered. Section 2. The Official Zoning Map, Ordinance 2801 as amended, is hereby amended to change the zoning of an area 100 feet deep (2 lots) along Race Street between 4th Street and 7th Street from RS -7 (Residential, Single Family) and RMD (Residential, Medium Density) to CO (Commercial Office). • • 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, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This Ordinance shall take effect five days after 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 4th day of September, 2007. ATTEST: APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: September 9 , 2007 By Summary G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \ORDINANCES.2007\2007- 27.Cronin Rezone.081507.wpd Exhibit "A" • Findings and Conclusions in Support of REZ 07 -01 Findings: 1. An application for a rezone was submitted on June 12, 2007, by Dave Neupert on behalf of property owners Doug and Linda Cronin and Michele Hong for the rezone of properties adjacent to Race Street between 4th Street and 7`h Street to Commercial Office. 2. A letter from property owner Mark Kruse, who owns one of the properties, dated July 16, 2007, stating support for the action was received by the Department of Community and Economic Development. A similar request was received by telephone from John Rigg, 522 Race Street, on July 17, 2007, and Ann Leinear on July 19, 2007. 3. Notification of the proposed action was placed in the Peninsula Daily News on July 9, 2007, mailed to property owners within 300 feet of the subject property on July 5, 2007, and posted on the site on July 5, 2007. The written comment period for this application closed on July 24, 2007. 4. The City's Comprehensive Plan Land Use Map is intended as the guiding document in establishing a conceptual framework for land use decisions. The Comprehensive Plan Land Use Map designates properties in the area as Commercial. 5. Uses in the area along Race Street corridor south of Erickson Park and Civic Field are single family residential, duplex, multifamily residential, a nursing home, business office, and a church. 6. The proposed commercial zoning does not include the nursing home site or large apartment complex. 7. 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: Land Use Map Goal A and Policy 1, 2, and Objective 1; Goal D, Policy 1; Goal E, Policy 1 2, 3, 5, 7; Transportation Element Goal B, Policy 3, 7, 14, and Objective 1 and 4; and Economic Development Element Goal A, Policy 4. 8. The site is adjacent to Race Street, which is a principal arterial, bicycle route, and school walking route. 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 SEPA Responsible Official issued a Determination of Non - Significance on July 24, 2007. 11. Future development of the subject properties will require specific project review and may include conditions to address issues such as access, parking, noise, lighting, and landscaping. 12. The CO zone allows for a variety of low impact commercial uses including business and professional offices, medical and dental offices and laboratories, small animal veterinary offices, personal service facilities, and child day -care centers. Commercial Office uses require landscaping to buffer impacts to surrounding uses. 13. Low impact commercial uses are often used to buffer more intensive traffic corridors from single family residential uses. Conclusions: 1. The proposal is in accordance with the Comprehensive Plan and Land Use Map. 2. The rezone is compatible with the surrounding zoning and land uses and will allow development of the area outside of the commercial corridor to be buffered by the restricted commercial zone that allows for the continuation of developed single family uses. The rezone will enable a low intensity commercial use that has been identified as desired for the area by the City through its Comprehensive Plan Land Use Map designation. 3. The City's action on rezone application REZ 07 -01 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 are adequate to supply power, water, communications, and sewer for the low intensity commercial development anticipated in the CO zone in the area. 5. Future development plans may require further improvement by the developer. As no adverse impacts to neighboring streets are anticipated and street, walkway, parking, and drainage may also be required with subsequent development, the proposed rezone is in the public interest. 6. The proposal will provide additional property for the development of commercial uses, which is in the public interest. Adopted by the Port Angeles City Council at its meeting of September 4, 2007. CAM/NNia • Karen A. Rogers, Mayor • Becky J. Up , Ci Clerk Summaries of Ordinances Adopted by the Port Angeles City Council on September 4, 2007 Ordinance No. 3295 This Ordinance of the City of Port Angeles, Washington, relates to drug free zones in public housing projects and amends Ordinance 2989, as amended, and Chapter 9.34 of the Port Angeles Municipal Code. This Ordinance adds the Wildwood Terrace Apartments, 934 West Lauridsen Boulevard, to the designated Drug Free Zones. Ordinance No. 3296 This Ordinance of the City of Port Angeles, Washington, rezones an area 100 feet deep (2 lots) along Race Street between 4th Street and 7th Street from RS -7 (Residential, Single Family) and RMD (Residential, Medium Density) to CO (Commercial Office). Ordinance No. 3297 This Ordinance of the City of Port Angeles, Washington, revises electric utility rates and amends Chapters 13.10, 13.12 and 13.14 of the Port Angeles Municipal Code. This Ordinance shall take effect for power delivered on and after October 1, 2007. 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: September 9, 2007