Craig L. Miller, Attorney 230 East Fifth Street Port Angeles, WA 98362

Comprehensive Plan and Zoning Map Amendment REZ2003-00003, Staff Report Clallam County Department of Community Development Prepared by the Clallam County Department of Community Development, Planning Division 223 East Fourth Street, Port Angeles (360) 417-2358 A. PROJECT INFORMATION 1. Proponent: Norbert & Michele Juhasz 183 Cedar Park Drive Port Angeles, WA 98362 Agent: Craig L. Miller, Attorney 230 East Fifth Street Port Angeles, WA 98362 2. Request: The proposed action is a Type C Comprehensive Plan Land Use and Zoning Map Amendment for the property described below. Approval of the request would allow a change in the zoning and land use designation of approximately 3.78 acres of land currently zoned Rural Limited Commercial (RLC), to Rural (R1). The property is currently configured in two parcels; Parcel A being approximately 3.05 acres and Parcel B being approximately 0.73 acres in area. Parcel A is legally described as Lot 1 of the Juhaz Short Plat, as recorded with the Clallam County Auditor, Volume 50, Page 21 of Short Plats. Parcel B is legally described as Railway Addition, Block 8, Except Right-of-way and Easement and Rail Road Right-of-way. Appendix A contains a copy of the application and related information submitted by the applicant. 3. Location: The property is located approximately 1000 feet west Buchanan Drive on Cedar Park Drive, lying northerly of SR 101 and the Deer Park Scenic Gateway (Figures 1 and 2). The property is located in a portion of the NW1/4 of the SE1/4 of Section 8, Township 30 North, Range 5 West, Willamette Meridian. Parcel A is represented by Assessor Tax Parcel Number 053008-429010, and Parcel B is represented by Assessor Tax Parcel Number 053008-500800. The subject property is located approximately one mile east of the Port Angeles Urban Growth Area (Figure 3). 4. Property Characteristics: The 3.78 acre property is mostly flat, with exceptionally steep slopes (65% and greater) along the western boundary where the property converges with the Morse Creek Ravine. This area is classified under the Clallam County Critical Areas Ordinance (CAO) as a landslide hazard area, and is subject to a 50-foot protective buffer. No land disturbing activities or removal of vegetation is permitted on the landslide hazard area or its associated protective buffer (C.C.C. 27.12.415). The 1

property is currently vacant, with a mix of successive vegetation consisting of shrubs, deciduous trees, and small to medium-aged conifers (Figure 2). 5. Current Comprehensive Plan and Zoning Designation: The property is currently designated by the Comprehensive Plan Land Use Map as Rural Limited Commercial (RLC), is designated with the zoning district of the same name (RLC), and is subject to the standards of the Zoning Code found under C.C.C. 33.15.060. The property is presently located within the Fairview Neighborhood of the Port Angeles Regional Planning Area. 6. Shoreline Designation: No portion of this site is within the jurisdiction of the Clallam County Shoreline Master Program. 7. Previous Permits: The property was the subject of a Conditional Use Permit application (CUP94-00002), an application for a motel and resort facility proposed for the subject property. The application was originally approved by the Board of Adjustment; however, it was later denied by the Board of Commissioners following a lengthy appeal process on November 29, 1994. The subject property, including additional abutting properties owned by the applicant (approx. 11 acres total) were the subject of a rezone application (REZ94-00004), that requested a change from a previous zoning designation of Rural Residential (RR3) to Tourist Commercial (C2). The amendment application was approved on March 16, 1995. The Tourist Commercial (C2) designation was changed later that year to the current Rural Limited Commercial (RLC) designation pursuant to the Comprehensive Plan update mandated under the Growth Management Act. 8. Critical Areas: The western boundary of the subject property crests the edge of the Morse Creek Ravine. The slope of the ravine is steep (exceeding 65%), and is therefore designated a Landslide Hazard Area according to the Clallam County Critical Areas Ordinance (C.C.C. 27.12.415). 9. Surrounding Land Uses and Zoning: The property is situated in close proximity to C'est Si Bon Restaurant to the east. Existing residences abut the property to the north and east (lots averaging approximately one acre in area). The property is bordered to the south by the Deer Park Scenic Gateway project site, and Morse Creek Ravine to the west. The Olympic Discovery Trail runs along the southern border, between the subject property and the Deer Park Scenic Gateway. The Deer Park Scenic Gateway is currently under development by the Washington Department of Transportation (WSDOT) as a combination park & ride, scenic overlook, and cultural interpretive center (Figure 2). Clallam County Assessor Records show the applicant's land ownership in the vicinity extends beyond the boundaries of the subject property. This ownership includes the C'est Si Bon Restaurant at the intersection of Buchanan Drive and SR 101 (also zoned RLC), the two RLC-zoned parcels between the Restaurant and the subject property, and the three residentiallyzoned parcels abutting the northern boundary of the subject property (Figure 1). A single family dwelling currently exists on the RLC-zoned parcel 2

immediately to the east of the subject property, under the applicant's ownership (Figure 2). 10. Public Services in Area: Public facilities serving the subject property include Qwest Telephone service and PUD #1 of Clallam County. 11. Public Notice Dates: A notice of any public hearing before the Planning Commission and Board of Commissioners will be required at a minimum of ten days before those respective hearings. Public notice will include mailings to adjacent property owners (within 600 feet of the subject property) and publication in a newspaper of general circulation. 12. SEPA Decision: The Clallam County Responsible Official issued a Determination of Non-Significance (DNS) on December 5, 2003 for the requested amendment. A fourteen (14)-day comment period was granted to receive any pertinent comments regarding the proposal. No comments were received by the Department of Community Development and no appeals have been filed regarding this determination. Appendix B contains the completed Environmental Checklist submitted with the application, and DCD's Environmental Review and Threshold Determination pursuant to the requirements of the State Environmental Policy Act (WAC197-11). 3

N R1 Parcel A R1 Figure 1 Vicinity Zoning REZ2003-00003 Buchanan Drive Parcel with Residence (also Recommended by Staff to Change from RLC to R1) RLC Cedar Park Drive Parcel B P C'est Si Bon SR 101 R1 P RLC Legend Olympic Disc. Trail Highways Roads Proposed Amendment Area Parcels Zoning (Outline) Prepared by Clallam County Department of Community Development January, 2004 GC GC Deer Park Theatre

N Ranch Four Seasons Cedar Park Dr Figure 2 Vicinity Airphoto REZ2003-00003 Buchanan Dr Deer Park Scenic Gateway SR 101 C'est Si Bon Delhur Gravel Pit Legend Olympic Disc. Trail Highways Roads Proposed Amendment Area Parcels Prepared by Clallam County Department of Community Development January, 2004 Deer Park Theatre

B. PLANNING DIVISION ANALYSIS The Washington State Growth Management Act (GMA) requires that amendments to comprehensive plans, occur no more frequently than once per year in order to allow communities to consider the cumulative impacts of proposed revisions (RCW 36.70A.130(2)). Clallam County's comprehensive plan amendment process is also structured to comply with this requirement by requiring a consolidated review of all comprehensive plan and zoning amendment applications under one public hearing process, on an annual basis (C.C.C. 31.08.300 through.370). Applications for comprehensive plan and zoning amendments must be received by September 30th of a given calendar year for consideration in the following year. Clallam County received an application on September 29, 2003, to change the comprehensive plan land use and zoning designation for the subject property from Carlsborg Industrial (CI) to Rural Moderate (R2). Pursuant to CCC 33.35.050, the Department of Community Development reported to the Planning Commission in December 2003/January 2004 concerning amendment applications received in 2003 for consideration in 2004. The proposed change is now before the Clallam County Planning Commission for consideration. The Planning Commission must complete their review within nine (9) months, and forward a recommendation to the Board of Clallam County Commissioners (BOCC), following notice and a public hearing. The Planning Commission must include findings of fact and conclusions of law upon which its action is based regarding approval and denial of the amendment application. The BOCC must complete their review and render a final decision within ninety (90) days after receiving the recommendation of the Planning Commission, following notice and a public hearing (C.C.C. 31.08.330). Relationship to GMA Review and Update Process The GMA requires that Clallam County take legislative action to review and, if needed, revise its comprehensive plan and development regulations no later than December 1, 2004, and at least every seven years thereafter (RCW 36.70A.130(1)). Clallam County is required by state law to establish a public participation program as part of this process. This state mandated review is intended to ensure that the plan and regulations continue to comply with the requirements and purpose of the GMA. The required 2004 GMA Update is a complex process that includes a wide scope of issues. The GMA does not exempt any portion of a comprehensive plan or development regulation from being subject to review and evaluation. In contrast, the three (3), 2003 comprehensive plan and zoning amendment applications are much more limited in scope to the setting of the subject properties and land use issues related thereto. These are also applications for which private land owners have made formal requests for specific consideration, submitted all the necessary paper work, and paid application fees in order to receive this specific consideration. The BOCC has adopted a "Public Participation Plan, Clallam County 2004 Growth Management Act Update" on January 13, 2004 (Resolution No 15, 2004). The plan establishes the procedures and work schedule to guide the 2004 GMA evaluation and update process. The work schedule set forth by the Public Participation Plan integrates review of the three comprehensive plan and zoning map amendment applications submitted 5

Lees Cr Deer Bagley Creek Rd N Figure 3 Locater Map REZ2003-00003 Strait of Juan de Fuca Port Angeles Subject Property Legend SR 101 Highways Roads Proposed Amendment Area UGAs Cities Prepared by Clallam County Department of Community Development January, 2004 Cr White Mt.Pleasant Rd Park Rd SR 101

in 2003, including the application subject to this analysis (REZ2003-00003). Integration is necessary to comply with county and state requirements that all amendments to the comprehensive plan can occur no more frequently than once a year, as mentioned previously. Specifically, the public participation plan directs that the Planning Commission hold four regional public hearings in late-april/may to gather and consider public input on: 1) the three 2003 comprehensive plan and zoning map amendment applications; 2) County compliance with the GMA; and 3) any other proposed amendments to the comprehensive plan and development regulations. Listed below are the scheduled dates and locations for these regional public hearings: April 28 - Carrie Blake Park, 202 N. Blake Ave., Sequim May 5 - Clallam County Courthouse, 223 E. Fourth St., Port Angeles, Room 160 May 19 - Forks Middle School, 121 S. Spartan Ave., Forks May 26 - Sekiu Community Center, 42 Rice St., Sekiu (All Hearing Begin at 6:30 p.m.) The Clallam County Department of Community Development is preparing staff reports on the three amendment applications (includes this report), a growth monitoring report, and GMA compliance checklists/reports, in preparation for these regional public hearings. The Department will also hold regional community open houses starting in late-february as part of the GMA evaluation and update process. Following consideration of public comments received at the regional public hearings, the Planning Commission must forward their findings and recommendations to the BOCC. These findings and recommendations must address: 1) the three map amendment applications (including this application); 2) GMA compliance; and 3) any identified recommended comprehensive plan and development regulation amendments based on their GMA compliance review and public testimony received. According to the Public Participation Plan, the target date for forwarding Planning Commission findings and recommendations to the BOCC is June 16, 2004. The BOCC must hold at a minimum at least one public hearing to consider the recommendations of the Planning Commission. The Public Participation Plan indicates that BOCC review and hearings are targeted to occur in late-july/august. Required Showing for Amendment In taking action on an application for a comprehensive plan land use and zoning amendment, the Board of County Commissioners makes policy decisions that not only directly impact the subject property owners, but directly and indirectly impact other property owners, both in the immediate area and throughout the County. Zoning designations control what uses are permitted or prohibited on a particular piece of property. While an applicant may have a specific use in mind that he or she is able to achieve through a change in zoning, the applicant is nevertheless under no obligation to limit land use activities to that 6

original plan. The applicant would in fact be eligible for any of the land uses listed as Permitted Outright in the underlying zoning district. For this reason, an evaluation of a comprehensive plan and zoning map amendment application must consider all possible uses allowed under the proposed zoning district. Additionally, a decision on a comprehensive plan and zoning amendment must be evaluated with respect to its application to other similarly situated properties. If the facts of a particular application approved by the Board of County Commissioners are present in a subsequent application, then the subsequent application should also be approved to be fair. For this reason, decisions on map amendments must be considered in a much larger context than only the subject property or the expressed land use intent indicated by the applicant. An evaluation of the cumulative effects of a decision to approve or deny a particular application must consider whether the rationale for the decision would be sustainable and consistent with adopted policies and standards if applied to similarly situated properties across the County. Even changes in zoning that result in relatively small conflicts with the Comprehensive Plan may cumulatively impact land use policy objectives if allowed to proliferate across the County. Therefore, any decision on a comprehensive plan and zoning amendment application must be made cognizant of this potential. In considering an application for a comprehensive plan land use and zoning amendment, the Planning Commission and Board of County Commissioners are required to evaluate the amendment with regard to five (5) specific criteria contained in Section 33.35.090 of the Zoning Code, and Section 31.07.370 of the Comprehensive Plan. These five (5) criteria, or "Required Showing for an Amendment" provide the scope of consideration that the Planning Commission and Board must respond to in order to determine if a comprehensive plan and zoning map amendment is to be approved. The required showing includes the following: 1. That the proposed amendment is consistent with the spirit and intent of the Clallam County Comprehensive Plan. ANALYSIS Appendix C contains excerpts of the Clallam County Zoning Code and the Comprehensive Plan that appear particularly applicable to this application. Comprehensive plan goals, policies, and land use map designations provide the framework for land use regulations (e.g., zoning) and decisions in Clallam County. The requested Rural (R1) zone is a rural residential zone that allows a residential density of one dwelling per acre. The corresponding comprehensive plan designation of Rural Suburban Community (RSC) also supports residential densities of one dwelling per acre. However, the Comprehensive Plan recognizes that such density is marginally urban (suburban) in nature, is not a preferred rural development pattern, and should be discouraged (C.C.C. 31.04.230(e)(i)). In light of these objectives, the Port Angeles Regional Comprehensive Plan indicates this designation should be limited to those areas where one-acre (and less) lots are already established through land divisions that pre-date current zoning, and to allow "in-fill" of these areas consistent with the development patterns already established (C.C.C. 31.04.230). The proposal to change the comprehensive plan and zoning designation from RLC to RSC/R1 is consistent with the intent of the comprehensive plan to discourage proliferation of commercial activities along the SR 101 corridor or adjacent to the existing Port Angeles UGA, and to encourage such development to locate in UGA's where urban services and facilities are available or can be provided in an efficient manner (C.C.C. 31.02.275). However, the Comprehensive Plan also strongly 7

discourages the expansion of the RSC designation in order to ensure urban-density development is appropriately encouraged within designated UGA's and not in rural areas (C.C.C. 31.04.230(a)(i)). The convergence of these policies and their applicability to this case require a detailed look at the setting of the subject property. The subject property is bordered to the north, northeast, and west by the requested R1 zone, and associated RSC land use designation (Figure 1). The neighboring residential properties (Figure 2) designated RSC/R1 (same designation as proposal) range from roughly 1/3rd of an acre on up to 2.5 acres in area, but generally average approximately one acre in size. Lands to the east of the subject property (Figures 1 and 2), and located along the south of Cedar Park Drive, are also owned by the applicant and zoned Rural Limited Commercial (RLC). This ownership includes the C'est Si Bon Restaurant at the intersection of Buchanan Drive and SR 101 (also zoned RLC) and two parcels between the restaurant and the subject property. The parcel immediately adjacent to the subject property is approximately 1/3-acre in size and contains a single-family home. The other parcel is approximately 1.5 acres in size and abuts the restaurant. The applicant also owns three residentially-zoned parcels abutting the northern boundary of the subject property (Figure 1), which are currently designated RSC/R1 consistent with the requested change. The property along the southern boundary of the subject property has a land use and zoning designation of Public Land (Figure 1).The Public (P) designation allows for a wide array of potential uses that may be proposed by a public entity for public use and purpose. In the specific case, the abutting property (Figure 2) is being developed as the WSDOT's Deer Park Scenic Gateway. The Olympic Discovery Trail also runs along the border between the State-owned property and the subject property. This setting illustrates that the subject property is situated between the requested RSC/R1 land use and zoning designation and the more intensive Public (P) and Rural Limited Commercial (RLC) designations. Because of the relatively small size of the subject property (3.78 acres) and it's limited development potential under the proposed RSC/R1 designation (one additional lot), staff does not believe approval would constitute "expansion" of the RSC designation that would prove a detriment to development within UGA's, nor the vicinity of the subject property. In contrast, several uses allowed under the RLC zone, including (but not limited to) gas stations, grocery stores, and limited industrial uses, are permitted outright in the RLC and are capable of introducing far greater impacts to the natural and built environment than single-family residential developments (see Appendix C, C.C.C. 33.15.060). For these reasons, staff believes approval of this request would be consistent with the spirit and intent of the comprehensive plan in that it will facilitate residential in-fill of an area already characterized by suburban development (one-acre density), where expansion any further is limited by the Deer Park Gateway to the south. The applicant indicated in their application (Appendix A) that approval of the amendment request would be consistent with the land use policies contained in the Fairview Neighborhood Section of the Port Angeles Regional Plan. Specifically, the applicant notes that CCC 31.04.400 (3) (b) states: residential land use should be established along Cedar Park Drive consistent with (and in recognition of) current densities." The applicant further notes the adjoining Rural (R1) zoning to the north and west of the subject property. Staff agrees that approval of the amendment request would be 8

consistent with the spirit and intent of the Comprehensive Plan and surrounding neighborhood. The two parcels to the east owned by the applicant and currently designated RLC are not included in the amendment request. Per the Narrative attachment to the application (Appendix A), this area is anticipated for future use in conjunction with the expansion of their restaurant (C'est Si Bon), consistent with the purpose and allowed uses of the RLC designation. Section C of this staff report discusses additional considerations related to these adjacent parcel zoned RLC and owned by the applicant. 2. That the proposed amendment is consistent with the spirit and intent of the Zoning Code and all other County road, utility, land use and environmental plans and policies adopted by the County. ANALYSIS - The spirit and intent of the Clallam County Zoning Code is best defined under the Purpose Statement of Section 33.01.020 C.C.C. (Appendix C). This Section identifies a clear link between the Zoning Code and the Comprehensive Plan in that the Zoning Code is to: direct growth and development in the County consistent with the Comprehensive Plan (Subsection 2); and implement the goals and policies of the Comprehensive Plan in a manner which protects private property rights and in the least intrusive manner possible (Subsection 6). According to the Clallam County Zoning Code, the purpose of the current and proposed zoning districts are as follows: The purpose of the Rural Limited Commercial zoning district is to provide for a mix of industrial uses and limited, low-impact, neighborhood commercial activities in rural areas where these types of uses are already well established. The Rural Limited Commercial zone allows industrial uses which would normally not be found outside urban growth areas but limits the potential for industrial growth outside of urban growth areas by specifying only two (2) locations for this type of development and by allowing no expansion in size for this zoning district (C.C.C. 33.15.060). The purpose of the Rural zone is to provide areas having a suburban/rural density setting free from commercial and industrial developments (C.C.C. 33.10.040). The subject property is currently vacant, and is abutted by vacant property to the west, the Olympic Discovery Trail and Deer Park Scenic Gateway to the south, and residences to the north and east (Figure 2). The neighboring residential properties to the north (including three adjacent parcels owned by the applicant) are designated RSC/R1, or the same designation as requested. The RSC/R1 land use and zoning designation is intended to have a " suburban/rural density setting free from commercial and industrial developments". The requested change from RLC to RSC/R1 would be consistent with this intent by protecting neighboring parcels from future commercial development of the subject property. The RLC zone is intended to allow for limited commercial and industrial development in rural areas, ONLY where such development already exists. It is further restricted by the Zoning Code through the prohibition of any further expansion of this district. These two 9

key aspects of the RLC zone indicate its subordinate nature with respect to abutting rural residential areas -- further supporting that approval of the requested amendment would be consistent with the spirit and intent of the Zoning Code. The Deer Park intersection and immediate vicinity was the subject of a specific neighborhood-level planning effort. On September 13, 1994, the Board of Commissioners adopted the Port Angeles Gateway Concept Plan for the Deer Park Intersection (Resolution No. 130, 1994) (Appendix D). The Plan set forth special neighborhood development guidelines and improvement strategies to help mitigate impacts related to new commercial development and regional traffic demands that are and continue to be focused at this location. The Port Angeles Gateway Plan included a boulevard concept along with landscaping requirements, traffic controls and other amenities intended to improve the function and appearance of this location. Although the subject property is in close proximity to the location of this neighborhood plan, it is not located within the defined area specifically subject to the Port Angeles Gateway Plan. However, approval of the requested amendment would reduce the potential for significant increases in traffic at the SR 101/Buchanan Drive intersection, approximately 300 yards west of the Deer Park Road/SR 101 intersection. No other aspects of the requested amendment (aesthetics, transportation, etc.) were found by staff to conflict in any way with the Port Angeles Gateway Concept Plan. 3. That the proposed amendment will not be detrimental to the public health, safety and welfare. ANALYSIS - The proposed amendment will, in effect, reduce the intensity of potential land uses for the subject property. Both the Rural (R1) and Rural Limited Commercial (RLC) zones require a minimum lot size of one (1.0) acre, meaning the property could only be divided from the two existing parcels into three (3) parcels, without violating the underlying density of either zone. The uses permitted under the R1 zone favor residential developments and other uses determined compatible with that preferred land use. In contrast, the RLC zone allows a range of uses, from limited industrial, to gas stations, to retail stores. These uses have the potential to introduce increased levels of traffic, noise, fumes and other characteristics that increase the potential for adverse impacts to neighboring properties, services and infrastructure (e.g. roads). The R1 zone does not appear likely to introduce or increase any potential detrimental effects to the public health, safety or welfare, as could be experienced under the current RLC zone. The subject property abuts and contains slopes classified as Landslide Hazard Area. Land disturbing activities on or adjacent to Landslide Hazard Areas can increase the risk of landslide, placing people and property in harms way. However, this risk exists with any future use of the site. Typically, residential developments do not involve large areas of new impervious surface (roof tops, parking areas, driveways, etc.) when compared to typical commercial projects. Parking alone for commercial projects can consume large areas of land. These larger areas of impervious surface means the natural drainage processes of the site become altered and greater volumes of surface water are generated during storm events. Stormwater is one of the leading cause of erosion and destabilizing of landslide-prone slopes. The requested amendment would limit development potential of the site, thereby reducing the amount of impervious service likely to occur. In this respect, approval of the amendment would be in the interest of public health, safety and welfare. Pursuant to the requirements of the State Environmental Policy Act (SEPA), the applicant provided staff with a completed Environmental Checklist for evaluation. The 10

purpose of the Checklist is to assist county staff in determining if the proposed action could result in significant adverse environmental impacts if approved. Upon review of the Checklist, staff prepared an Environmental Review and Threshold Determination Report for review by the Clallam County Responsible Official. Upon review of this analysis, the Responsible Official found there to be no significant adverse environmental impacts associated with approval of the amendment request, and issued a Determination of Non-Significance (DNS) on December 5, 2003. No comments or appeals were received regarding this DNS. Copies of the DNS, Environmental Checklist and Environmental Review are included with this report as Appendix B. 4. That the proposed amendment is necessary due to changed conditions or circumstances from the time the property was given its present designation which warrants consideration of a different land use [and zoning] designation. ANALYSIS - The applicant's Narrative provided with the application materials (Appendix A) indicates that the original intent of the RLC designation of the site was for the proposed development of a motel and resort facility for the subject property. Staff can neither confirm nor deny that such a proposed use was the purpose for extending the RLC zone to the edge of the bluff and encompassing the subject property. However, there is evidence that supports this assertion. The current commercial zoning of the subject property appears to be based upon the following factors: 1) historical commercial zoning of the subject property and vicinity; 2) existing commercial land uses in the vicinity of the subject property (most notably C'est Si Bon restaurant located just east of the subject property and also owned by the applicant); and 3) previous interest/applications for commercial development on the subject property. The latter was noted in the Port Angeles Gateway Concept Plan for the Deer Park area (Appendix D). Given the facts that the applicant/owner of the subject property supports a change to a rural residential use, and that the Comprehensive Plan and State Growth Management Act support the Port Angeles Urban Growth Area as a center for commercial activity, a change in conditions and circumstances is supported by the evidence. 5. That the cumulative effects of proposed amendments have been assessed and determined to be consistent with the spirit and intent of the Clallam County Comprehensive Plan (C.C.C. 31.07.370). ANALYSIS - The probable impacts of the proposed amendment are generally limited in scope to residential-type developments and/or uses compatible with residential developments as specified under C.C.C. 33.10.040. When compared to the uses permitted under the current Rural Limited Commercial (RLC) designation (C.C.C. 33.15.060), these impacts are arguably less than what could occur on the site under current zoning, including traffic levels, amount of impervious surface, and other operational characteristics of commercial and light industrial development such as noise, dust, fumes, and contaminants. Therefore, approval of the amendment would likely constitute an improvement to any potential environmental impacts that may occur if current zoning remains. The Clallam County Comprehensive Plan requires that comprehensive plan and zoning map amendments be reviewed only once per year " in order to allow communities to consider the cumulative impacts of the proposed revisions (C.C.C. 31.08.300)." Three Type C map amendment applications, including the application (REZ2003-00003) 11

subject to this staff report, were received in 2003, and are currently under consideration. These applications propose land use and zoning changes to approximately 14.2 acres and include: REZ2003-00001. Proposes changing 1.17 acres from the Carlsborg Industrial (CI) zone to the Rural Moderate (R2) zone; REZ2003-00002. Proposes changing 9.25 acres from the Carlsborg Residential (CR) zone to the Public (P) zone; and REZ2003-00003 (subject of this staff report). Proposes changing 3.78 acres from the Rural Limited Commercial (RLC) zone to the Rural (R1) zone. Approximately 5 acres are proposed to change from commercial/industrial land use and zoning designations to a rural residential designation. This potential change should not pose a significant impact to the availability of commercial and industrial land, and would appear to lessen potential overall environmental impact, for the following reasons: The 1.17 acres of industrial land proposed to change to rural residential designated land already contains a residential use. The 3.78 acres of commercial (RLC) designated land is located in close proximity to the Port Angeles Urban Growth Area, where adequate existing and potential commercial lands are already available. Potential environmental impacts from future development on the impacted lands should be lessened because the proposed change is from higher intensity preferred land uses (commercial and industrial) to a lower intensity preferred land use (rural residential). The 9.25 acres of land within the Carlsborg Urban Growth Area proposed to change from urban residential to public lands would likely reduce land available for residential development within the Carlsborg UGA. However, this potential reduction of 18 residential lots will not adversely impact the ability to accommodate projected population growth in eastern Clallam County, especially within the Sequim Urban Growth Area located approximately 1-mile east of Carlsborg. Mitigation of potential environment impacts related to development of public facilities on this property, if approved, will be addressed through the SEPA and conditional use permit processes that are required for future development of the site under the requested zoning. A further mitigating circumstance is that this site will likely be used for providing an essential public service (fire protection) to the Carlsborg UGA and vicinity. C. ADDITIONAL CONSIDERATIONS The Planning Commission may initiate amendments to the comprehensive plan land use and zoning map pursuant to CCC 31.08.310. As mentioned under Section B, Criteria 1 (page 9) of this Report, the applicant's ownership in the vicinity also includes a 1/3rd-acre parcel abutting the eastern boundary of the subject property. According to County Assessor Records, this parcel (Assessor Parcel Number 053008429030) contains an existing 1,952-square foot residence. Currently, this parcel is also zoned Rural Limited Commercial (RLC), the same designation as the subject parcel. For similar reasons (see Section B) 12

related to the subject property, staff believes changing this adjacent residential property from RLC to RSC/R1 merits consideration. The applicant's Narrative provided with the application materials (Appendix A) indicates their intent to keep the properties " adjacent to the existing Restaurant business...retained in the RLC zone in anticipation of the potential for expansion of the existing business immediately adjacent to the existing building improvements." The land between the subject property and the restaurant (Figures 1 and 2) owned by the applicant consists of a 1.5 acre vacant parcel directly adjacent to the restaurant and the 1/3-acre residential lot described above. The vacant parcel does present an opportunity for expansion of the restaurant or other commercial use permitted in the RLC. In comparison, the 1/3 acre parcel adjacent to the subject property (Figure 2) contains a home, and therefore, would appear to have a limited potential for business expansion or redevelopment. It should be noted that home based businesses are a permitted use within the RSC/R1 designation, subject to certain criteria. D. FINDINGS Any recommendation of the Planning Commission on a comprehensive plan and zoning map amendment application must be based on Findings (C.C.C. 31.08.340). The following findings are recommended by Planning Staff in support of a decision to approve Comprehensive Plan Land Use and Zoning Map Amendment Application REZ2003-00003. 1. Whenever necessity, convenience and general welfare require, the boundaries of the land use designations established on any comprehensive plan map of Title 31, and other provisions of this title may be amended consistent with the procedures and criteria of C.C.C. 31.08.370. 2. The Planning Division received an application requesting a change in zoning for approximately 3.78 acres of land currently zoned Rural Limited Commercial (RLC) to Rural (R1), on September 29, 2003. The property is situated on the bluff over-looking the eastern side of the Morse Creek Ravine, north of the State Department of Transportation Interpretive Center/Port Angeles Gateway at Morse Creek. The steep slope of the ravine is designated a Landslide Hazard Area according to the Clallam County Critical Areas Ordinance (C.C.C. 27.12.415). The property is accessed by Cedar Park Drive, a County road that accesses Buchanan Drive and SR 101 near the Deer park Intersection. The property is located in a portion of the NW1/4 of the SE1/4 of Section 8, Township 30 North, Range 5 West, Willamette Meridian. Parcel A is represented by Assessor Tax Parcel Number 053008-429010, and Parcel B is represented by Assessor Tax Parcel Number 053008-500800. The property is currently under the ownership of the applicant's Norbert & Michele Juhaz. 3. The Clallam County Responsible Official issued Determination of Non- Significance (DNS) on December 5, 2003 for the requested amendment. The DNS was issued following a review of the completed Environmental Checklist that was submitted along with the amendment application. The DNS was forwarded to the Department of Ecology, Jamestown S'Klallam Tribe, Department of Fish & Wildlife, Washington Department of Transportation, 13

City of Port Angeles, the applicant, and the authorized agent. Notice of the DNS was published in the Peninsula Daily News on December 10, 2003. A fourteen (14)-day comment period was granted to receive any pertinent comments regarding the proposal. No comments were received by the Department of Community Development and no appeals have been filed regarding this determination. 4. Given the small size of the subject property (3.78 acres) and the ability to create only one additional lot, approval of the application request would not constitute "expansion" of the RSC designation to the degree that it would prove a detriment to development within the nearby Port Angeles Urban Growth Area, nor the vicinity of the subject property. 5. Because of the setting of the subject property adjacent to a residential area of one-acre parcels, approval of this requested amendment would facilitate residential in-fill of an area already characterized by suburban development (one-acre density). Any further expansion is limited due to the subject property being bounded by public lands to the south (WSDOT's Deer Park Scenic Gateway). 6. The current Rural Limited Commercial (RLC) designation of the subject property allows for a range of industrial and low-impact commercial uses (C.C.C. 31.04.225). The requested Rural Suburban Community (RSC) designation limits development to rural-suburban residential densities (one dwelling per acre), and uses determined compatible with such development (C.C.C. 31.04.225). Approval of the requested amendment would therefore reduce the intensity of potential future land use of the site, consistent with policies intended to encourage new commercial and industrial development to occur within designated UGA's (31.02.275), and policies intended to protect the rural character of the SR 101 corridor (C.C.C. 31.04.230(5)). 7. Approval of the amendment request would be consistent with the land use policies of the Fairview Neighborhood, that state that residential land use should be established along Cedar Park Drive consistent with current densities (31.04.400(3)(b & c)). 8. Approval of the requested amendment would protect neighboring Rural (R1)- zoned properties consistent with the purpose and intent of the Rural (R1) zone, which is to : " provide areas having a suburban/rural density setting free from commercial and industrial developments (C.C.C. 33.10.040)". 9. The RLC zone is intended to allow for limited commercial and industrial development in rural areas, ONLY where such development already exists. It is further restricted through the prohibition of any further expansion of the district (C.C.C. 33.15.060). These two key aspects of the RLC zone indicate it's subordinate nature with respect to abutting rural residential areas -- further supporting that approval of the requested amendment would be consistent with the spirit and intent of the Zoning Code. 14

10. Approval of the requested amendment would not conflict with the policies of the Port Angeles Gateway Concept Plan for the Deer Park Intersection (Resolution No. 130, 1994). 11. The uses permitted under the current Rural Limited Commercial (RLC) zone have the potential to introduce increased levels of traffic, noise, fumes and other characteristics that increase the potential for adverse impacts to neighboring properties, services and infrastructure (e.g. roads). In contrast, the requested Rural (R1) zone limits development to residential and related uses, and therefore is far less likely to introduce or increase any potential detrimental effects to the public health, safety or welfare, than current zoning. 12. Approval of the amendment request is necessary to address changes in circumstances associated with the subject property from the time it was originally given its current zoning designation. The current zoning appears tied to the historical commercial zoning of the subject property and vicinity. Land uses in the area consist of existing commercial developments in the vicinity of the subject property (most notably C'est Si Bon restaurant located just east of the subject property and also owned by the applicant). The record also shows a historic interest/applications for commercial development on the subject property. Given these facts that the applicant/owner of the subject property supports a change to a rural residential use, and that the Comprehensive Plan and State Growth Management Act support the Port Angeles Urban Growth Area as a center for commercial activity, a change in conditions and circumstances is supported by the evidence. 13. The cumulative effects of the requested amendment have been determined to be insignificant. The cumulative effects of the requested amendment have been evaluated in the context of all 2003 amendment requests under consideration, and have been determined consistent with the spirit and intent of the Clallam County Comprehensive Plan, and all other land use plans and development regulations of Clallam County. Additional findings for Including Residential Property to the East: 14. The subject property abuts a parcel (Assessor Parcel Number 053008429030) also owned by the applicant that contains a residence, is approximately 1/3 of an acre in size. A change to a RSC/R1 designation for this property, similar to the applicant s request for the adjacent subject property, is consistent with the intent of the Rural (R1) zone, which is to " provide areas having a suburban/rural density setting free from commercial and industrial developments (C.C.C. 33.10.040)." It is also consistent with comprehensive plan policies that discourage commercial development adjacent to UGA's and encourage commercial development within UGA's (C.C.C. 31.02.275 and 31.04.230(a)(i)). 15. Considering an amendment of the adjacent residential parcel (Assessor Parcel Number 053008429030) from RLC to a RSC/R1 land use and zoning designation would not appear to significantly impact the applicant s desire (see application Appendix A) to expand their existing business 15

operations, since the parcel is already developed with a residential use, and the applicant owns 1.5 acres of vacant land adjacent to the existing business and designated RLC. 17. The Planning Commission may initiate amendments to the comprehensive plan land use and zoning map pursuant to CCC 31.08.310. 18. Clallam County is currently conducting a broad evaluation of its comprehensive plan and development regulations for compliance with the state Growth Management Act. Consistency between comprehensive plan policies, land use designations, and zoning regulations is an element of this review. E. STAFF RECOMMENDATION Based on the above Findings and other elements of the public record, approval of the requested amendment application would be in the interest of public necessity, convenience and general welfare. Therefore, a recommendation of approval is hereby forwarded to the Clallam County Planning Commission for Comprehensive Plan Land Use and Zoning Map Amendment Application REZ2003-00003, an application to change the comprehensive plan map designation of approximately 3.78 acres from Rural Limited Commercial (RLC) to Rural Suburban Community (RSC), and to change the zoning designation of the same property from Rural Limited Commercial (RLC) to Rural (R1). Based on the above analysis and findings, staff also recommends that the Planning Commission consider changing the 1/3-acre, residential parcel (Assessor Parcel Number - 053008-429030) directly abutting the eastern boundary of the subject property from RLC to a RSC/R1, or the same comprehensive plan and zoning designation as requested by the applicant for the subject property. Staff recommends that the Planning Commission schedule a public hearing on March 3, 2004, to initiate gathering public comment on this application and the other two proposed comprehensive plan and zoning map amendment applications under review. This will facilitate gathering input from the applicant and other interested parties related to the specific applications that impact three properties totaling approximately 14.2 acres. However, any final recommendation by the Planning Commission must occur after the scheduled Planning Commission Regional Public Hearing scheduled for late April/May (see Section B for background). 16