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HomeMy WebLinkAbout3365ORDINANCE NO. 3365 • AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 21,000 square feet of property from Commercial Neighborhood (CN) to Residential High Density (RHD). WHEREAS, the City received an application to rezone approximately 14,000 square feet of property (Lots 19 and 20, Block 441, Townsite of Port Angeles) from Commercial Neighborhood to Residential High Density; and WHEREAS, during a public hearing conducted by the Planning Commission on May 13, 2009, the Planning Commission determined that an adjacent lot (Lot 18) should be included in the rezone action to avoid a spot zone; and WHEREAS, the property owner of Lot 18 agreed with the rezone proposal; 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, that the proposed rezone is in the best interest of the City and its citizens, and that the rezone is consistent with the Comprehensive Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: • -1- • • 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 consisting of approximately 21,000 square feet of Lots 18, 19, and 20 in Block 441, (Exhibit B) Townsite of Port Angeles, from Commercial Neighborhood (CN) to Residential High Density (RHD). 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 16th day of June, 2009. ATTEST: nSCity C APP B OVED AS TO FO William E. Bloor, City Attorney PUBLISHED: June 21 , 2009 By Summary GALegal_ Backup \ORDINANCES &RESOLUTIONS \ORDINANCES.2009 \13 - BloreNyhusRezone.052709.wpd -2- Exhibit "A" FINDINGS AND CONCLUSIONS IN SUPPORT OF REZONE 09 -01 — BLORE/NYHUS: Findings: 1 On April 13, 2009, Christina Nyhus and Brando Blore submitted an application for rezone of approximately 14,000 square feet parcel from Commercial Neighborhood to Residential High Density. The subject property is legally described as Lots 19 and 20, Block 441, being Parcel # 063000044195. 2. The site is zoned Commercial Neighborhood (CN). Surrounding properties are zoned Commercial Neighborhood, Residential High Density, Industrial Light, and Residential Single Family Residential (RS -7). 3. The RHD zone (PAMC 17.15.010) is a high density residential zone for multi - family residential structures. Medium and high density uses can provide a transition between different land uses. This is often found between single family and commercial or industrial land uses. 4. The City's Comprehensive Plan Land Use Map is the guiding document in determining consistency in zoning, and establishes a conceptual frame work for land use decisions. The Map designates the property as High Density Residential (HDR). 5. The Comprehensive Plan was reviewed in its entirety with respect to the proposal. The following elements, goals, and policies were found to be the most relevant to the proposal: Land Use Element goal A, Policies Al, A2, and objective 1; Goals B and C, Policies Cl, C2, C3, and C4, Goal E, Policies E2 and E5; Transportation Element Goal B, Policy 14. 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 rezone 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 SEPA responsible Official issued a Determination of Non - Significance on May 11, 2009. 8. The written public comment and notification period for the Planning Commission meeting ran from April 23, 2009, to May 8, 2009. No written comments from the public were received. The City received a phone call from Mrs. Gladys Pressley, the property owner of Lot 18, who indicated support of the addition of her property to the rezone proposal to CN. 9. Reviewing City departments did not comment on the rezone application. All City utilities and services are available to the site. The site is located on a City arterial street and can be accessed from improved rights -of -way. 10. Ultimate development of the subject property will require specific project review including issues such as access, noise, lighting, landscaping, and parking. 11. Housing and land use review have shown a demand for high density residential uses within the City that is not being met by current zoning. Windshield surveys indicate that a large degree of commercial areas remain vacant or are redevelopable for commercial use. 12. Discussion took place during the Planning Commission's public hearing of May 13, 2009, that Lot 18, Block 441, TPA, adjacent to the west, is split zoned. If Lot 18 is not included in the rezone proposal and ultimately rezoned to RHD, one half of that lot would remain zoned Commercial Neighborhood with the remaining neighborhood zoning being Residential High Density. Conclusions 1. The rezone proposal is in accordance with the Comprehensive Plan and Land Use Map that designates the site as High Density Residential (HDR). 2. The rezone as proposed is compatible with the surrounding zoning and land uses and will allow development of the site to the density that has been identified as desired for the area through the City's Comprehensive Plan Land Use Map. The rezone is therefore in compliance with the Comprehensive Plan, and is in the public interest. 3. The City's action on rezone application REZ 09 -01 is consistent with the established procedures for amending the Zoning Code set forth in Section 17.96.100, Port Angeles Municipal Code. 4. Development plans will require utility improvement by the developer and will include street, walkway, and drainage improvements for subsequent development of the site. Site development will accommodate any impacts to the neighborhood that result from development to a high density use. 5. As proposed, the rezone action will eliminate a single lot spot zone that would otherwise have been created by the original proposal. Adopted by the Port Angeles City Council at its meeting of June 16, 2009. Gary Braune Mayor Becky U n C t Clerk Y p Y REZ 09 -01 Subject lots Exhibit B l`'" )/-41(° -A\ v7;w Summaries of Ordinances Adopted by the Port Angeles City Council on June 16, 2009 Ordinance No. 3365 This Ordinance of the City of Port Angeles, Washington, rezones approximately 21,000 square feet of property from Commercial Neighborhood (CN) to Residential High Density (RHD). Ordinance No. 3366 This Ordinance of the City of Port Angeles, Washington, revises Chapters 11.08, 11.12 and 11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights - of -way. Ordinance No. 3367 This Ordinance of the City of Port Angeles, Washington, revises and adds sections of the Port Angeles Municipal Code relating to Stormwater Utility and Regulations for compliance with the City's Phase II NPDES stormwater permit. This Ordinance shall take effect August 15, 2009. Ordinance No. 3368 This Ordinance of the City of Port Angeles, Washington, adopts amendments to the Comprehensive Plan and Land Use Map. 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 Thursday, 8:30 a.m. to 4:00 p.m., and Friday, 8:30 a.m. to 12:30 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, MMC City Clerk Publish: June 21, 2009