March 2, 2004 Page 1 Comprehensive Plan and Zoning Map Amendment REZ2003-00001, Staff Report Clallam County Department of Community Development January 27, 2004 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: Michael J. E. and Eileen Stoppani 62 Idea Place Sequim, WA 98382 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 map of approximately 1.17 acres of land currently zoned Carlsborg Industrial (CI), to Rural Moderate (R2). Approval of this application would also amend the boundaries of the Carlsborg Urban Growth Area (UGA) by removing the subject property from inclusion within the UGA's boundary. The proposal would only require changing the boundary of the UGA to exclude the subject property, since it abuts the outer edge of the Carlsborg UGA. Appendix A contains a copy of the application and related information submitted by the applicant. 3. Location: The property is located at the end of Idea Place, adjacent to the north end of the Carlsborg Industrial Park within the Carlsborg UGA (Figures 1 and 2). It is legally described as Lot 3 of Survey recorded in Volume 36 of Surveys with the Clallam County Auditor, Page 32, and being a portion of the of, being the SE 1/4 of the NE 1/4 of Section 15, Township 30 North, Range 4 West, Willamette Meridian. It is referenced by Assessor's Tax Parcel Number 043015-520030. The property is located within the Carlsborg UGA, approximately one-mile north of State Highway 101 (Figure 3). 4. Property Characteristics: The property is approximately 1.17 acres in area and flat in topography. It contains an existing 2,280 square foot triple-wide mobile home which was placed in 1994. A detached, 1,008 square foot metal-construction garage exists to the south of the house. 5. Current Comprehensive Plan and Zoning Designation: The property is currently designated by the Comprehensive Plan Land Use Map as Carlsborg Industrial (CI), is designated with the zoning district of the same name (CI), and is subject to the standards of the Zoning Code found under C.C.C. 33.20.040 and 33.20.050, as applicable to the CI zone. The property is presently located within the Carlsborg Urban Growth Area (UGA) of the Sequim-Dungeness Regional Planning Area.
March 2, 2004 Page 2 6. Shoreline Designation: No portion of this site is within the jurisdiction of the Clallam County Shoreline Master Program. 7. Previous Permits and Approvals: The current triple-wide mobile home was permitted on July 17, 1994 under building permit number BPT94-0651. The 1,008 square foot, detached garage was permitted on September 16, 1996, under building permit number BPT96-0774. Both structures were placed under the previous zoning designation of Light Manufacturing Zone (M2), a zoning district which allowed construction of single family residential dwellings (C.C.C. 33.35.040(9)). The home is currently being used for residential purposes and is considered a lawfully-established, nonconforming use of the property, given its present zoning designation of CI. No other construction permits are on file with the Department of Community Development. The property was originally designated in 1984 with the Rural Residential 3 (RR3) zoning designation. The RR3 zoning district allowed for rural residential uses and a minimum parcel size of one-acre in area. On June 22, 1993, a rezone application was approved for the area of the subject property, changing the RR3 designation to the Light Manufacturing (M2) designation. The M2 designation allowed for light industrial, manufacturing and other related commercial activities. Single family dwellings were listed as a permitted use in the M2 zone. The M2 zone was later changed on December 12, 2995 to the Light Industrial (LI) district following the adoption of changes to the Zoning Code and the Comprehensive Plan pursuant to the Growth Management Act (RCW 36.70A). The current Carlsborg Industrial (CI) zone was adopted on December 5, 2000 in conformance with policies and development regulations which established Carlsborg as an Urban Growth Area. 8. Critical Areas: The subject property is located within an area classified as a Critical Aquifer Recharge Area pursuant to C.C.C. 27.12.610. All new development will be subject to the standards of C.C.C. 27.12.615. 9. Surrounding Land Uses and Zoning: The property is bordered to the east by the PUD #1 Sequim Operations Center, to the south by the Carlsborg Industrial Park, to the west by three residential lots, and to the north by the access road, Idea Place (Figure 2). The CI zone borders the north, east and south sides of the subject property. The Rural Moderate (R2) zone currently borders the western property boundary (Figure 1). 10. Public Services in Area: Public facilities serving the subject property include Qwest Telephone service and PUD #1 of Clallam County (water and electrical service). 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 300 feet of the subject property) and publication in a newspaper of general circulation.
March 2, 2004 Page 3 12. SEPA Decision: The Clallam County Responsible Official issued a Determination of Non-Significance (DNS) on December 4, 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). 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 February 12, 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/January 2003 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.
R2 Figure 1 Vicinity Zoning REZ2003-00001 R2 Carlsborg Road CI Subject Property P R2 R2 CI CV Legend Highways Roads Parcels Zoning (Outline) Stoppani Property Prepared by Clallam County Department of Community Development January, 2004 Business Park Loop CI
Figure 2 Vicinity Airphoto REZ2003-00001 N Residential Lots Office and Warehouse Carlsborg Road Carlsborg PUD Operations Center Subject Property Industrial Park Legend Roads Stoppani Property Parcels Zoning (Outline) Prepared by Clallam County Department of Community Development January, 2004
March 2, 2004 Page 5 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 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 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.
Cr Cr Gierin Cassalery Sequim Bell Ma N Subject Property Figure 3 Locater Map REZ2003-00001 Old Olympic Hwy River SR 101 Dungeness Rd. Hooker Rd Carlsborg Heath Rd Cr Legend Highways Roads Stoppani Property UGAs Cities Prepared by Clallam County Department of Community Development January, 2004
March 2, 2004 Page 6 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 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 The text excerpts contained in Appendix C are from the Clallam County Comprehensive Plan, Sequim-Dungeness Regional Plan and Clallam County Zoning Code. The goals and policies adopted by the BOCC in the Comprehensive Plans provide the framework for land use decisions in Clallam County. Specific to the request are those policies that were developed for the Carlsborg UGA and the Dungeness - Kitchen Dick Road Neighborhood.
March 2, 2004 Page 7 Amendments to an UGA boundary requires compliance with the procedures and criteria found under C.C.C. 31.02.250 (1 and 2), Urban Growth Area Amendment Process (see Appendix C). As a fundamental comprehensive plan policy, amendments to urban growth area boundaries should be discouraged except for a GMA-required ten-year review (C.C.C. 31.02.250 and 31.03.290(4)). The Carlsborg UGA was established on December 5, 2000 with the adoption of the Carlsborg Capital Facilities Plan (Ord. No. 702, 2000), Comprehensive Plan Amendment (Ord. 700, 2000), and Zoning Amendment (Ord. 701, 2000). The timing of this adoption indicates that consideration of amendments to the boundary of the Carlsborg UGA may be appropriate by the year 2010. However, the Comprehensive Plan allows that "[w]here a landowner might wish to remove land from an urban growth area, a liberal application of the criteria should be allowed due to the abundance of urban designated land (C.C.C. 31.02.250)." Section 31.03.350, C.C.C., of the Sequim-Dungeness Regional Plan addresses goals and policies concerning the Carlsborg Urban Growth Area. With respect to amending the UGA boundary, this section requires that " In order to help provide consistency and certainty for landowners, the Carlsborg UGA shall not be comprehensively reevaluated for changes in land use designations for a period of 10 years from the date of adoption of this policy (Subsection (29)(a))." The intent of this policy is to ensure that the UGA as a whole is not continually reevaluated for large-scale land use and zoning changes in order to maintain stability and predictability with the current policies and regulations. Because this application would only remove 1.17 acres from the UGA, staff does not believe it constitutes a "comprehensive reevaluation" of land use within the UGA. The Comprehensive Plan prohibits residential development within the current Carlsborg Industrial (CI) designation (C.C.C. 31.03.350 (31)(e)). Residential development is a permitted use in the Rural Moderate (R2) designation (C.C.C. 31.03.270 (1)). While the existing triple-wide mobile could continue to be used as a residence as it was lawfully established under previous zoning, a change in land use designation from Carlsborg Industrial (CI) to Rural Moderate (R2) would bring the current use and structural improvements on the property into compliance with applicable comprehensive plan policies related to rural residential use. 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). The subject property currently abuts the desired Rural Moderate (R2) zoning district. The R2 zone is intended " to provide areas having a moderate density rural setting free from commercial, industrial, and high-density residential developments (C.C.C. 33.10.030)." The purpose of the existing Carlsborg Industrial (CI) zoning district includes providing for " low nuisance, low intensity industrial uses " and prohibiting residential development (C.C.C. 33.20.030(5)). The residential structure and use on the subject property is non-conforming with the Carlsborg Industrial (CI) zone. However, this established use and structure would be consistent with other neighborhood residential
March 2, 2004 Page 8 development in the area and of the Rural Moderate (R2) zone should this amendment request be approved. The requested Rural Moderate (R2) zoning district requires a minimum residential density of one dwelling per 2.4 acres, and a minimum parcel size of 1.0 acre (C.C.C. 33.10.030). These two standards combine for what is termed "flexible zoning". It allows a developer the ability to stagger the sizes of new parcels in order to create a combination of small clusters of lots surrounded by larger lots. For example, the owner of a ten-acre parcel in the R2 zone, could subdivide the property into four equal parcels (10 acres divided by 2.4 acre density equals 4 lots); or the owner could subdivide that same parcel into three 1-acre lots and one 7-acre lot; or any combination in between. The main limitations are that there can be no more than four lots, and no lot can be created that is smaller than 1.0 acre in area. The subject property was originally created on March 25, 1994 through a division of a 12.12-acre parcel, which was divided into four (4) separate lots (Dungeness Business Park Planned Unit Development, Volume 12, Page 15 and 16). At this time, the subject property was established as a 1.01-acre parcel. The subject parcel was given its current 1.17-acre configuration through the filing of a boundary line adjustment on October 1, 1996 (Surveys, Volume 36, Page 32). At the time of the original planned unit development, the property was zoned Light Manufacturing (M2) - a zoning district which only required that new lots meet minimum standards for sewage disposal, water supply and fire protection. Densities did not apply to the creation of new lots in the M2 zone. As earlier discussion illustrates, density is determined during the land division process or considered during plat alterations, boundary line adjustments, or other mechanisms involving the creation of new lots or alteration of existing lots. It requires an evaluation of the "Parent Parcel", or the parcel being divided into smaller lots with respect to the applicable zoning standards at the time of the division. Because the M2 zone did not require minimum density standards, the density of the subject parcel is not an issue. This analysis shows that the subject property conforms to all area and dimensional requirements of the Rural Moderate (R2) zone. At 1.17 acres, it exceeds the minimum lot size of 1.0 acre. Having been lawfully created through a subdivision under previous zoning (M2), compliance with the density requirements of the requested R2 zone is not an issue. The property currently contains a 2,280 square foot residence which is being used by the applicant for that purpose - a use which is consistent with the intended purpose of the R2 zone. Therefore, the proposed amendment is consistent with the spirit and intent of the Zoning Code. 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. The uses permitted under the Rural Moderate (R2) zone favor moderate density residential developments and other uses determined compatible with that preferred land use. Under the R2 zone, the property could not be further divided. In contrast, the Carlsborg Industrial (CI) zone allows a potential increase in the number of lots from the existing 1.17 acre parcel to two (2) parcels. In addition, a range of industrial uses that, despite their low-impact nature, has the potential to introduce increased levels of traffic, noise, fumes and other impacts that increase the potential for adverse impacts to neighboring properties, services and
March 2, 2004 Page 9 infrastructure (e.g. roads). While these effects were contemplated in the designation of the current UGA boundary, it would appear that a change from Carlsborg Industrial (CI) to Rural Moderate (R2) will not introduce or increase any potential detrimental effects to the public health, safety or welfare. Pursuant to the requirements of the State Environmental Policy Act (SEPA), the applicant provided staff with a completed Environmental Checklist for evaluation. The purpose of the Checklist is to assist county staff in determining of 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 4, 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 property was acquired by the applicants in 2001, after the current Carlsborg Industrial (CI) designation was adopted. In order to better understand the relationship of this amendment request with the above required showing for approval, the following key points should be considered: The subject parcel is part of the four-lot Dungeness Business Park Planned Unit Development # 1, as recorded under Volume 12 of Plats, Page 15 (March 25, 1994); The subject property was not developed in a manner consistent with a business park as it was developed with a residential, triple-wide mobile home in July, 1994. At that time the property was zoned Rural Residential 3 (RR3 - residential zone allowing one-acre minimum lot sizes), making it a lawfully established use; The subject property is bordered to the west by three, one-acre lots currently developed with single-family residences (Figure 2); The subject property is also bordered to the west by the requested R2 zoning district; The current use of the subject property would be conforming under the R2 zoning district; and The current, pre-existing residential use of the subject property is not currently consistent with the Carlsborg Industrial (CI) land use and zoning designation. A strict interpretation of Criterion # 4 for approval of a comprehensive plan map and zoning map amendment application would indicate that a significant change in circumstances would have to have occurred since the designation of the CI zone that would justify and support a change in zoning and land use designation. This interpretation of Criterion # 4 presumes that the original designation of CI was in the best interest of the public health, safety and welfare at the time of designation. However,
March 2, 2004 Page 10 the facts do show that the subject property was already in use as a residence, consistent with similarly situated properties to the west, at the time of the adoption of the CI designation. Furthermore, the Comprehensive Plan does provide for additional discretion to remove land from an urban growth area where requested by a landowner (C.C.C. 31.02.250). No change has occurred since that time nor has the landowner indicated any desire to change the existing, lawfully-established use of the subject property to a use more in conformance with the CI zone. 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 - Several factors exist with the subject property and vicinity that, when taken as a whole, indicate that cumulative impacts would not be significant should this amendment request be approved. Specifically, the following should be considered in this regard: The subject property is already developed with a residential structure and has been used for that purpose since 1994. Therefore, approval of the amendment request would not appear to have any cumulative effect on the availability of industrial land within the Carlsborg UGA; The existing residential use of the subject property would not appear to have a significant impact to the adjacent industrial-designated lands since the residential density on the subject parcel cannot be increased under the R2 designation; Removal of 1.17 acres of previously-developed land from the Carlsborg UGA will not adversely impact the ability of the Carlsborg UGA or other UGA's in Eastern Clallam County to accommodate the projected 20-year growth as required under the GMA; Residential use is consistent with the requested R2 designation; and The current use of the property is not consistent with the current CI designation. 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 (REZ2003-00001) 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 (subject of this staff report). 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. Proposes changing 3.78 acres from the Rural Limited Commercial (RLC) zone to the Rural (R1) zone.
March 2, 2004 Page 11 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. 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 and Zoning Map Amendment Application REZ2003-00001. 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 1.17 acres of land currently zoned Carlsborg Industrial (CI) to Rural Moderate (R2), on February 12, 2003. The subject parcel is currently located within the boundaries of the Carlsborg Urban Growth Area (UGA). Because of this change from an industrial zoning district to a rural residential zoning district, the boundaries of the UGA would also have to be modified if a change in rezoning were to be approved. The property is located at the end of Idea Place, adjacent to the north end of the Carlsborg Industrial Park. It is legally described as Lot 3 of Survey recorded in Volume 36 of Surveys with
March 2, 2004 Page 12 the Clallam County Auditor, Page 32, and being a portion of the of, being the SE 1/4 of the NE 1/4 of Section 15, Township 30 North, Range 4 West, Willamette Meridian. It is referenced by Assessor's Tax Parcel Number 043015-520030. The property is currently under the ownership of the applicants, Michael & Eileen Stoppani. 3. The Clallam County Responsible Official issued Determination of Non- Significance (DNS) on December 4, 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, City of Sequim, and the applicant. Notice of the DNS was published in the Peninsula Daily News on December 9, 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. The Clallam County Comprehensive Plan allows for the adjustment of UGA boundaries where the adjustment results in the removal of land from designation within a UGA, due to the abundance of urban-designated land (C.C.C. 31.02.250). 5. Section 31.03.350, C.C.C., of the Sequim-Dungeness Regional Plan, states that " In order to help provide consistency and certainty for landowners, the Carlsborg UGA shall not be comprehensively reevaluated for changes in land use designations for a period of 10 years from the date of adoption of this policy (Subsection (29)(a))." The intent of this policy is to ensure that the UGA as a whole is not continually reevaluated for large-scale land use and zoning changes in order to maintain stability and predictability with the current policies and regulations. This application would only remove 1.17 acres from the UGA, and therefore does not constitute a "comprehensive reevaluation" of land use within the UGA. 6. The Comprehensive Plan prohibits residential development within the current Carlsborg Industrial (CI) designation (C.C.C. 31.03.350 (31)(e)). Residential development is a permitted use in the Rural Moderate (R2) designation (C.C.C. 31.03.270 (1)). A change in land use designation from Carlsborg Industrial (CI) to Rural Moderate (R2) would bring the current use and structural improvements on the property into compliance with applicable comprehensive plan policies related to rural residential use. 7. The subject property currently abuts requested Rural Moderate (R2) zoning district, and is adjacent to three (3) residential parcels of similar size zoned R2. 8. The subject property conforms to all area, use, and dimensional requirements of the requested Rural Moderate (R2) zone, as set forth in C.C.C. 33.10.030.
March 2, 2004 Page 13 9. The proposed amendment will not result in any increase in intensity of use beyond the current use of the property. As such, approval of the requested amendment from Carlsborg Industrial (CI) to Rural Moderate (R2) will not introduce or increase any potential detrimental effects to the public health, safety or welfare. 10. The subject property was already in use as a residence, consistent with similarly situated properties to the west, at the time of the adoption of the CI designation. No change has occurred since that time nor has the landowner indicated any desire to change the existing, lawfully-established use of the subject property to a use more in conformance with the CI zone. 11. The cumulative effects of the requested amendment have been determined to be insignificant, as no change from the current development of the site (existing single family residence) is anticipated. The cumulative effects of the requested amendment has 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. D. 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 and Zoning Map Amendment Application REZ2003-00001, an application to change the zoning designation of approximately 1.17 acres from Carlsborg Industrial (CI) to Rural Moderate (R2), and to adjust the boundaries of the Carlsborg UGA to remove the subject property from being within the designated UGA. 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).