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HomeMy WebLinkAbout3502 ORDINANCE NO. ,.-,.-,' AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 1.36 acres from Residential Single Family RS7 to Commercial Office CO. WHEREAS, the City received an application to rezone approximately 1.36 acres from RS-7 Residential Single Family to CO Commercial Office; and WHERE-AS, a public hearing was conducted by the Planning Commission on April 9, 2014 and the Planning Commission recommended rezoning 1.36 acres from RS-7 Residential Single Family to CO Commercial Office; described as: All of Lot 1, the north 90 feet except the west 40 feet of Lot 2, the south 50 feet of Lot 2, and all of Lots 12-18, Block 175 of the Government Townsite of Port Angeles, situated in Clallam County, Washington, otherwise known as 825 East Fifth Street, 410 Race Street, and 834 East Fourth Street, Port Angeles, Washington. 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 43.210 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: - 1, - Section 1. The Findings and Conclusions marked Exhibit A and a map of the property marked Exhibit B are attached and 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 on the first page from RS-7 Residential Single Family 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 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 20th day of May, 2014. v/ Y- ---GR ATTEST: J n ssa Hurd, City Clerk APP OVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: a a- d 5", 2014 By §kimmary HAa ORDI NANCES&RE SOLUTIO NSQ006-1 0.BradowRezone.032806,wpd May 20,2014 - 2 - Exhibit A FINDINGS, AND CONCLUSIONS IN SUPPORT OF REZONE 14-01 Phillips, Nevaril, and Bowport Estates Findings Based on the information provided in the Community Development Staff Report for REZ 14-01 dated April 9, 2014, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: I An application for rezone of 3 parcels from RS-7 Residential Single Family to CO Commercial Office was received by the City of Port Angeles Department of Community & Economic Development on March 12, 2014, from Craig Phillips. Mr. Phillips (owner of 825 5"' St.) is joined in the rezone request by Ron Nevaril (owner of 410 Race St.) and Bowport Estates, Inc. (8 3 4 4th St.). The application was deemed to be complete on March 12, 2014. 2. Land use in the area is a mix of low and high density residential uses: high density apartments to the west of the subject parcels and single-family residential on, south, and east of the site. Commercial uses and two churches are located in the neighborhood along the Race Street corridor as well as Erickson Park and Civic Field. 3. The subject site is located in the Peabody Creek Neighborhood which is found in the City's North Central Planning Area on the City's Comprehensive Plan Land Use Map. 4. The City's entire Comprehensive Plan and Land Use Map were reviewed with respect to the proposal. The following elements, goals, and policies were found to be most relevant to the proposal: Land Use Element Policies, Goal A, Policy No. 1, 2; Goal A, Objective No. 1; Goal B; Goal C, Policy No. 1; Goal D, Policy No. 1; Goal E, Policy No. 2; Transportation Element, Goal A, Policy No. 3; Goal B, Policy No. 14. These references are attached as Attachment B to the April 9, 2014 staff report. 5. The City's Comprehensive Plan provides an expected framework for land use decisions within the City. The zoning of any property must be consistent with the Comprehensive Plan Land Use Map that illustrates where certain classifications of uses may occur within the City. 6. In accordance with Section 17.03.020 of the Port Angeles Municipal Code, changes to the City's Zoning Map must be in the public interest and must be consistent with the Comprehensive Plan and Land Use Map 7. The subject properties are identified on the City of Port Angeles Comprehensive Plan Land Use Map as being located mostly in the Commercial designation with the western portion of the 825 E. 5th parcel located in an imprecise margin between Commercial (C) and Medium Density Residential (MDR) designations. An imprecise margin allows flexibility in specific site boundaries. 8. A rezone of 14 parcels to Commercial Office (CO) along the Race Street corridor between 4th and 7th Streets (REZ 07-01) was approved on September 4, 2007, and codified by Ordinance 3296. This rezone was approved following redesignation of the Race Street area on the City's Comprehensive Plan Land Use Map in 2006. The 2007 rezone began a rezone of the Race Street corridor between 4"' and 7"' Streets subject to the Comprehensive Plan Land Use Map designation to Commercial Office (CO), 100 feet deep each side of Race Street. The subject parcels were not included in the earlier rezone action due to the inability to contact property owners at that time. Those three remaining property owners have now requested a similar rezone to Commercial Office. Findings and Conclusions-KEZl4-Ol May 20,20|4 Page 4. The subject rezone area is comprised of property ownerships, two ownerships are in alignment with other commercial development boundaries along Race Street being 100 feet in depth from Race Street. One property contains u structure (X25 East 5t" SbcrA that spans 6 full City lots. The structure was built iothe ]q50`oio nonconformity 10 the underlying zone and operated uyo nursing home for that entire period oftime. I)uaigua1ioo of the building site as one zone will avoid conflicts with building standards and/or uses in future use of the property. 10. Spot zoning iu an arbitrary and unreasonable zoning action by which uo area is specially zoned for muse classification totally different from and inconsistent with the C{aami[iva1iou of the surrounding land and not io accordance with o comprehensive plan. The reasons for invalidating arczone as an i]{cgo] spot zmoc usually include one or more of the following: /Il the rezone primarily oozveo uprivu1c interest, /2\ the rezone is inconsistent with o comprehensive plan or the surrounding territory, Or (3) the rezone constitutes mu arbitrary and capricious action. ll. The CO zone is the City's least io|coyivc commercial zone and is intended to function as a 1Tuoaitioo area between residential and more intense uozunucrcio} activities or iolpac1a. Tlsca pern-riUud in the CO zone include financial service offices, real estate service offices, personal service facilities, bueiocua and professional offiooy, child cuzo centers, medical/dental clinics and offices and laboratories, and detached single family residences that meet the area and dimensional requirements of the llS-7zone. 12. flauc Sbco1 is designated as part ofthe Ci1v`a alternate crosstown traffic route. Adopted policies suggest that increased traffic congestion that impairs transportation mobility along this route will not be encouraged. The crosstown route was created to relieve pressure on the principal arterial /SIl 101\ and the minor arterial (Marine Drive) corridors particularly through the [)ovvutnnol area. Access to uses along the crosstown route will bc reviewed 10 ovoid negative impacts{othe route that will not impede traffic flow. 13. Cocuoneccio] Office uses generally geuczn1e less traffic than more intensive coozuzcroin| oaeo and therefore should have relatively little impact to traffic flow ooRace Street. 14. Notice of the rezone application was placed io the Peninsula Daily News 0o March l8` ?014. Surrounding property owners were notified by mail and the site was posted on March T4, 2014. ��0nriUeo public cozuzucu1vvuareceived by the end 0[the p/ iUcopublic 000nroeu1yecio� that ended oo April l, 20l4. 15. The City's S8]/A5tompousib|c ()fficim| issued uZ)c[eroziom(ioo of Non-Significance on April 7, 2014. This satisfies the City's S|BP/\responsibilities. The action is o non project action. Future development will require individual review dependent on the proposed action. 16. The proposal is usitc specific rezone per R.C.W. 36.7013 Local Project Review("The Regulatory Reform }\ot")` codified in Pod/\ogo[eo Municipal Code (P/\MC) as Section 18.02.070. The application is limited to one "open record"public hearing and one closed record decision. /\ public hearing will be conducted hy the Planning Commission. All testimony and documents considered at the public hearing will be transmitted to the City Council along with the action recommended hy the Planning Commission. The City Council will consider the record oFthe yluouiog Coozozieoiou at e public meeting and will then decide whether 10 grant the requested rezone. Appeals must bc based solely ou the information contained in the official file and shall bo filed with Superior Court. Findings and Conclusions—REZ 14-01 May 20,2014 Page 3 rezone. Appeals must be based solely on the information contained in the official file and shall be filed with Superior Court. Conclusions: Based on the information provided in the Department of Community Development Staff Repoli for REZ 14-01 dated April 9, 2014, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1. As proposed, the rezone is in compliance with the City's Comprehensive Plan and Land Use Map. 2. The rezone provides a low intensive commercial transition area between residential land uses and all established traffic corridor, and continues the established urban design of the area as is identified on the City's Comprehensive Plan Land Use Map. 3. The proposed rezone is compatible with surrounding zones and land uses and provides a logical transition between zones. 4. The rezone is not a spot zone as it does not meet the criteria for a spot zone Adopted by the Port Angeles City Council at its meeting of 1U(Iq2 c�Q, 2014. D=4)i-044 W;-Mayor 1114 L Hurd, Ja�� City Clerk , /rf PYI��,/^� +.aw✓ ^"+,,, '� m1,r,�rlr „" mw,r ,; �/�y/���I/�/�i1,�, PIE,, r i�r✓� � ���` � •. r I rFr va rrr y �✓ rill 0 t �� / r ✓ ✓/ ;Ra , � A r r+� ✓ r ,rr �'� r I pq 6r iJ ( / r ^,, ,✓ �r,�,✓� U'+�Iy�,r � r a� J�f I r � � r r"ri /11�1'J'M"'��'/ YC h /�' %/ ri� !, rn,„; �,',� liYi; �r �/q ��it rr �i✓ i, ���r// ,�.' a r/'.. r ,''�” *., ✓/ Sri fr tJ�f ryi ��/ {7j r,✓✓ / i/ + +r +/ rf,�/ ! 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Ordinance No. 3503 THIS ORDINANCE of the City of Port Angeles, Washington, amends Chapter 2.40 of the Port Angeles Municipal Code relating to the Port Angeles Forward Committee Ordinance No. 3504 THIS ORDINANCE of the City of Port Angeles, Washington, repeals Chapter 3.05, Purchasing Policies and Procedures and Chapter 3.06, Investment of Funds of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofp i.us, or will be mailed upon request. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of publication by summary. Janessa Hurd, CMC City Clerk Publish: May 25, 2014