An Ordinance rezoning properties as

recommended by the Forks Planning Commission

(2005 GMA Update Rezones)



The City Council of the City of Forks does ordains as follows:



Section 1.  Findings.  The City Council hereby adopts the following findings regarding this rezone:



a.     In 2004, as part of the mandatory Growth Management Act Comprehensive Plan updates, the City solicited for proposed changes to the City’s Comprehensive Land Use Plan’s land use map, as well as to the City Zoning Code Map;

b.     The City received one request for a redesignation and rezone, and two requests to have property rezoned.  These proposals were the subject of an initial hearing in September 2004 and were part of a proposed set of changes that were part of SEPA analysis and determination of non-significance.  A 60 day comment period was provided for the DNS. Comments received as part of the public process were summarized by staff in the materials provided to the Planning Commission.

c.      A copy of the notice for the Planning Commission’s meeting of 31 January 2005  was mailed to the neighboring property owners providing them with notice of the public hearing.  In addition, notice of the DNS was provided via posting and publishing the determination of non-significance.

d.     A second public hearing was held before the Forks Planning Commission on the three requests before the commission on 31 January 2005.   After the staff presentation, there was testimony provided by Sue Shane, Donna Butler, and written comment from Katrina and Mike Henry.  At the conclusion of the hearing, and following the Commissioner’s deliberations, the Commission rejected the request of Verence Long associated with 181 Fir Avenue (South Corner of Fir and Fletcher) due to the parcel size not meeting the minimum zoning requirements.  However, the Commission agreed to study the issue of how duplexes, tri-plexes and four-plexes in a two-up/two-down configuration are permitted in residential zones.  The Commission approved the request of Sue Shane to redesignate Lupine Avenue and those parcels north of  Calawah Way as Light Commercial/Med. Residential.  The Commission also agreed to approve the request of Neal Rigby which was in fact two fold:  (i) redesignate the property at 1174-1200 Russell Road as “commercial” on the Comprehensive Plan’s Land Use Map; and, (ii) rezone the property medium commercial.    This decision was reflected in the SEPA DNS associated with the Comp Plan amendments and the rezone.

e.      Based upon the hearing and the discussion of the Forks Planning Commission, the Commission recommended that the request of Sue Shane and Neal Rigby be forwarded to the City Council and be considered for adoption by the Council after a public hearing was held on the matter.  The Commission also recommended to the Council that the request be granted.

f.       This recommendation was forwarded to the City Council for its consideration at its 28 February 2005 meeting.  During that meeting the Council set a public hearing for the rezone application to take place on 14 March 2005 and directed that notice be given of this hearing.

g.     Notice of the Planning Commission’s recommendation and the Council’s decision to hold a public hearing on this recommendation was provided by posting the property, by publication, and by mailing the notice on 28 February 2005 to those with property located within 500’ of the Rigby property and the Lupine Avenue properties.

h.     At the hearing of 14 March 2005, staff gave their report on the procedures and issues raised to date and noted within this ordinance.  The City Planner noted that in one case, the Jongeward family did not receive notice due to a bad address supplied by Clallam County, however, they were present to raise issues they had with the proposed recommendation.  Councilwoman Graham noted and disclosed that she was the real estate agent who sold the parcel to the Rigby family that was subject to the redesignation/rezone request, but that she no longer was a licensed agent and had no contractual obligations associated with that past, completed land sale.  There were no other disclosures and there were no challenges to Councilwoman Graham, nor where there any other disclosures by the Council.

i.       Ravena Jongeward, 1114 Russell Road, testified that she and her husband purchased their property in the mid-1980s and moved back to it in the mid-1990s.  They were very dismayed when they saw stacked wrecked cars on the lot but cars went away.  They had not received mailings on this request/proposal due to the bad address.  She voiced concerns about the potential of a wrecking yard issues and are very concerned about the Council granting the commercial designation because of impacts to property and adjacent aesthetics.  She feels that housing is much more in need but does not want to see increases in industrial uses with trucks and noise.  She inquired as to whether the designation would apply to the entire lot and was told it would.  She also asked if the City could address the easement Rigby has across her property and was told that that is a civil matter she and her husband would have to pursue.

j.       Robert Hadley, 1140 Russell Road, bought their property in December and was told about the potential of a wrecking yard on the adjacent property.  He asked questions, and staff provided answers, regarding any required berms, fencing and set backs.

k.     The hearing was closed and the Council opened the deliberations and discussed this ordinance.  It was agreed to grant the requests, but that staff would have to bring back a final ordinance.

l.       The Council found that:

1.     Planning Commission had engaged in a public process and obtained numerous comments on the proposals originally submitted and forwarded their recommendations as a result of those hearings; and

2.     The recommendations of the Planning Commission would be appropriate under the zoning code and would not be inappropriate in the proposed change to the Forks Urban Growth Area’s land use designation maps; and

3.     That this ordinance accurately reflects the procedural elements of the process utilized by the City



Section 2.  Determinations.  Based upon the above findings, the City Council hereby adopts the following determinations with regard to the request for rezone:



a.     That the recommendation of the Planning Commission regarding the Sue Shane – Lupine Avenue proposal is not inconsistent with the Comprehensive Plan nor with the City’s own zoning code;

b.     That the recommendation of the Planning Commission regarding the Neil Rigby proposal is an appropriate request to redesignate the property in question commercial within the Forks Urban Growth Area Comprehensive Plan’s land use map as a result of the authorized GMA update process; and, further the proposed zoning code would be appropriate once the redesignation occurs.



Section 3.  Rezone – Lupine Avenue.  The Council hereby grants the rezone of the parcels located within the property generally described as follows and illustrated in Attachment A, pursuant to the recommendation of the Forks Planning Commission, the findings above, and the determinations above:



Those parcels adjacent to Lupine Avenue and those properties between Lupine Avenue and the P.U.D.’s electrical distribution center that are located north of Calawah Way. (Tax Parcel Nos. 132809510235; 132809510249; 132809510255; 132809510262; 132809510269; 132809510314; 132809510300; 132809510310; 132809510320; 132809510328; 132809510335).



This described parcel shall be rezoned from either High Density Residential (R-4) or High Density Commercial (C-3) to an overlap zone of Light Density Commercial (C-1)/Moderate Density Commercial (R-3).  Future maps of the Forks Zoning Code shall be noted with this new zoning designation.



Section 4.  Rigby Request.  The Council hereby takes the following actions regarding the requests of Neil Rigby in association with the lot located at 1174-1200 Russell Road (Tax Parcel No. 132817120000) as illustrated in Attachment B:



A.    Redesignation of the Rigby parcel in Comprehensive Plan.  The Forks Urban Growth Area Comprehensive Plan’s land use map is amended in such a manner as to designate the Rigby parcel as commercial lands.



B.     Rezone of the Rigby parcel.  The described parcel shall be rezoned from Moderate Density Residential (R-3) to Moderate Density Commercial (C-3).  The maps associated with the Forks Zoning Code shall be noted with the new zoning designation.



C.     The Council’s actions in no way predetermines any specific use nor indicates any opinion on any specific use for this property.  Such uses shall be considered as proposed pursuant to the procedures associated with the Forks Zoning Code. (FMC Title 17 et al.)



Section 5.  Notice of this decision.  In addition to the publication required below, the Council hereby directs the City Attorney/Planner to provide notice of this decision to those property owners located within 500 feet of the property subject to the rezone.



Section 6.  Effective Date.  This ordinance shall take effective five days after its publication in the City’s journal of record.



Authorized by the City Council of Forks on the 14th of March 2005,

and reaffirmed and passed in this form on this 28th of March 2005.





_________________________________

Nedra Reed, Mayor



Attested to:





___________________________________

R.    Daniel Leinan, Clerk/Treasurer



Approved as to Form:





___________________________________

William R. Fleck