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Home My WebLink About3553 ORDINANCE NO. 3553 AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 2.41 acres from Residential High Density (RHD) and Commercial Office (CO) to Commercial Shopping District (CSD). WHEREAS, the City received an application to rezone approximately 1.28 acres from Residential High Density (RHD) and Commercial Office (CO) to Commercial Shopping District (CSD); and WHEREAS, a public hearing was conducted by the Planning Commission on March 23, 2016 and the Planning Commission recommended rezoning 2.41 acres from Residential High Density (RHD) and Commercial Office (CO) to Commercial Shopping District (CSD); 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 43.21C 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 and a map of the • - 1 - 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 in Exhibit A from RHD Residential High Density and CO, Commercial Office Residential Single Family to CSD, Commercial Shopping District. 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 day of May, 2016. J Patrick Downie, M A Y O R ATTEST: (Ino(� V J nnifer Veneklasen, City Clerk 7APPVED AS TO FORM: William . Bloor, City Attorney PUBLISHED: 13 2016 By Summary HAa ORDINANCES&RESOLUT[ONS\2006-I O.BradowRezone.032806.wpd - 2 - Exhibit"A" Findings and Conclusions in Support of REZ 16-01 —Amoroso et al. Findings Based on the information provided in the Community Development Staff Report for REZ 16- 01 dated March 23, 2016, including all information in the public record file provide on or before March 18, 2016: 1. An application for rezone of 7 parcels from RHD, Residential High Density and CO, Commercial Office Residential Single Family to CSD, Commercial Shopping District was received by the City of Port Angeles Department of Community & Economic Development on February 24, 2016, from David Amoroso. Mr. Amoroso (son of the owner of 214 South Laurel St.)is joined in the rezone request by Rosalyn Taylor(owner of 208 2nd St. and Vacant Parcels 063000003270 and 063000003275), Mark Wendt (owner of 208 South Laurel) James Amoroso (owner of 214 South Laurel St.), Ben Skerbeck (owner of 218 South Laurel St.), and David Chance(owner of 104 West 3rd St.). The application was deemed to be complete on February 26, 2016. 2. Staff recommends the inclusion of 105 West 4th Street and 406 South Laurel,currently zoned RHD,to legitimize the historic commercial land use of the properties. 3. There is ample (12% and 15 acres of the total zoned) vacant RHD land within Port Angeles. 4. There are 15 vacant buildable CSD zoned sites equaling a total of 10.3 acres available for development. Four (4) of the sites are located within a 2005 annexation along the southern side of western highway 101, accounting for 9.5 of those acres. 5. Laurel Street,a local access street,has a consistent curb-to-curb and right of way width as 5th Street, a minor arterial. 6. Land use in the area is a mix of low and high density residential uses: high density apartments to the south, and a mix of single family and multi-family residences to the west of the subject parcels. Commercial uses vary in site size and intensity, and include motels,a locksmith,Office suites,medical offices,and a regional grocery store. 7. The subject site is located in the Cherry Hill neighborhood,which is found in the City's North Central Planning Area on the City's Comprehensive Plan Land Use Map. 8. 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;and Transportation Element Goal B, Policy No. 14. These references are attached as Attachment B to the March 23, 2016 staff report. 9. 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. • - 3 - 10. 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 11. The subject properties are identified on the City of Port Angeles Comprehensive Plan Land Use Map as being located mostly in the imprecise margin between High Density Residential and Commercial,with the parcels along northern portion 2nd street residing within the Commercial land use designation.. An imprecise margin allows flexibility in specific site boundaries. 12. A rezone of lots 19 & 20 of Block 53, TPA from Residential High Density (RHD) to Commercial Office (CO) along Laurel Street corridor between 2nd/3rd Alley and 3rd Street in 1998(REZ 98-01)was approved on March 3, 1998,and codified by Ordinance 2983. 13. The subject rezone area is comprised of nine (9) properties with six (6) property ownerships, two (2) of which are vacant, two (2) of which have multiple residences, and four(4)of which have preexisting commercial businesses on them. 14. Spot zoning is an arbitrary and unreasonable zoning action by which an area is specially zoned for a use classification totally different from and inconsistent with the classification of the surrounding land and not in accordance with a comprehensive plan. The reasons for invalidating a rezone as an illegal spot zone usually include one or more of the following: (1) the rezone primarily serves a private interest, (2) the rezone is inconsistent with a comprehensive plan or the surrounding territory,or(3)the rezone constitutes an arbitrary and capricious action. 15. The CSD zone is the most intense neighborhood-oriented zone, and is intended to service multiple neighborhoods through both a pedestrian and vehicular focus. A wide variety of uses are allowed in CSD per PAMC 17.22. See "Attachment B" for an explanation of those uses. 16. Notice of the rezone application was placed in the Peninsula Daily News on March 04, 2016. Surrounding property owners were notified by mail and the site was posted on March 01, 2016. Public comment via email and phone was received from four individuals by the end of the public comment period that ended on March 18,2016.All voiced concerns about existing and future impacts to on-street parking along 2nd Street west of the proposed rezone area. 17. The City's SEPA Responsible Official issued a Determination of Non-Significance on April 7, 2014. This satisfies the City's SEPA responsibilities. The action is a non project action. Future development will require individual review dependent on the proposed action. 18. The proposal is subject to the review processes of RCW 36.70B Local Project Review ("The Regulatory Reform Act"), codified in Port Angeles Municipal Code(PAMC) as Section 18.02.070. The application is limited to one"open record"public hearing and one closed record decision. A public hearing will be conducted by the Planning Commission. All testimony and documents considered at the public hearing will be transmitted to the City Council along with the action recommended by the Planning Commission. The City Council will consider the record of the Planning Commission at a public meeting and will then decide whether to grant the requested rezone. Appeals must be based solely on the information contained in the official file and shall • - 4 - be filed with Superior Court. Conclusions: Based on the information provided in the Department of Community Development Staff Report for REZ 16-01 dated March 23, 2016, including all of the information in the public record file on or before March 18, 2016: 1. As proposed,the rezone is in compliance with the City's Comprehensive Plan and Land Use Map. 2. The rezone provides a medium intensive commercial transition area between high intensity residential land uses and higher intensity commercial uses, 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. • - 5 - EXHIBIT B 3 226 s� ,26 X09 108 t � 105 122 222 120 z � �r�, „ �. 10 ;�e •. 21112 `511 m,re 2� 33 104 1" 't 1 r � 20a •r 13' ,� 2�: ,�,{ ti. 7127 y 1� r h`. �y� h a q ,3a•4 117 0 22 '� << +�� ^� ,'7 x•,38 , � 't / k, 220 12 3 2 118 �_ s T�101 ,10 + 1F fSJ,, r.,��C6 � ><y 119 1 {�' •} 13 is f ' 108 f' ;.... 111 �•� � $�, fl rrj 128 F `�- 01 "Nf)`,I122 �r4' 1 lay `S'1" 211 1� - ' Cg «, 4 k 219202 - <, 136 0. 132 > ? 220 lip�N r 127• < 4420 .'' C 110 f t12 ' .a, 223 aR 2 11� 3f '� •- 1 � r: `' 105IA 0 y. 01 v �; ao firms off'S , 1 err 412 iq 105 "* 418 100 Water main 0 / • r.,u asp r,rx rrcrM<df.re,..rrgrt x,-.rrr,�raarar,o//r..rr.rt WWater main .... Feet m-rp'd-ar••r�•,pro1v:d 5r r1M.-rrJ.fYo.r.Lr;e'rr(o-rrr ar r rr,r aMryrpmer. SWater main 1'-rt paum=A"1'!!BB yn.rnr..,r�frr.<rr,v�.=-•.z,a�n,,,r 5r nrr Krpo.n5,brr•�/nrr rp. Electrical distribution wiaionsiaaa— uM;,om:t—.r=,canainr Area Mop Proposed Remne Area Summary of Ordinance adopted by the Port Angeles City Council on May 3, 2016 Ordinance No. 3553 AN ORDINANCE of the City of Port Angeles, Washington, rezoning approximately 2.41 acres from Residential High Density (RHD) and Commercial Office (CO) to Commercial Shopping District (CSD). This ordinance shall take effect five days following the publication of this summary. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Published: May 13, 2016