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Types of Land Use Amendment for the 2008 process

Amendments considered this year are primarily focused on Land Use changes. To streamline the process, this year's amendments are categorized as Minor and Major.

Minor Amendments do not significantly alter the approved goals, policies and intent of the Land Use element. These amendments make changes to smaller parcels of land within the City and create considerably less impact to the surrounding area. The following criteria determine if the proposed amendment is categorized as a Minor amendment:
· The property is less than 3 acres
· The property is adjacent to land that is similar to the land use proposed
· All utilities with sufficient capacity is available to the property
· The property can be served by the existing transportation system with minor alteration or improvements that can be done by the property owner
· Any potential adverse impacts can be mitigated on the property
· Critical areas or other environmentally sensitive areas will not be impacted by the proposed change

Major Amendments are properties that do not meet the above criteria.

Information for Applicants

Property owners interested in submitting an application are recommended to familiarize themselves with some of the releveant documents listed below. These documents will provide some of the necessary exhibits that are required to be included in your application. The list below is not an all inclusive list. Some of the required information will have to be obtained from Island County and/or other private documents that you may possess.

* City Map
* Land Use Designation Map
* Zoning Map
* Infrastructure Map - Water
* Infrastructure Map - Sewer
* Infrastructure Map - Stormwater
* Comprehensive Plan

Wednesday, June 25, 2008

Goldie Road - PIP to C3



This 16 acre property is located on the SW corner of Goldie Road and NE 16th Avenue intersection. The owner/applicant is requesting a change to the current land use designation of PIP, Planned Industrial Park to C3, Community Commercial. The application material can be viewed by clicking the below:

Letter of Request
Supporting documents - 1
Supporting documents - 2

If you are a neighbor, resident or interested citizen, and would like to comment on this application, click on the "comments" immediately below and send us a note.

20 comments:

Anonymous said...

The links to the supporting documents do not work.

CAC KAMAK said...

Thanks for informing us.
The links have been fixed.
My sincere apologies!

Anonymous said...

Thanks for fixing the links!

Question.
Is the site plan and information that the applicant provided enough to satisfy the requirement Under 19.75.020 that a "specific development proposal" is submitted?
It certainly seems a little sparse at to thedetails of what it going to be on the land.

Thanks,

CAC KAMAK said...

Great question!
The "Future Land Use Map" is in the City's COMPREHENSIVE PLAN and designates land uses for all properties within the the city and the properties that are in the UGA (Goldie property is in the UGA outside the city limits). Changes to this map is a legislative process as per OHMC 18.20.270.

There is a "Zoning Map" which is part of the Oak Harbor Municipal code 19.16.010. This designates zoning for property only within the city limits. When a request to change zoning is made the requirements of 19.75.020 are considered.

Land Use changes at the Comprehensive Plan level is considered under broader issues and criteria while zoning changes may be considered at a more detailed site planning level.

The application for Goldie Road is a request to change the land use map in the Comprehensive Plan and Sec 19.75 does not apply at this time.

Anonymous said...

Mr Kamak,
Thanks for the fast response and information. It is pretty hard for us citizens to conceptually grasp the processess that are involved in all of this.

So that means it goes to the Oak Harbor Planning Commission and then to the Council?

I looked at the 2008 Comp Plan Amendment package that you have online, I am assuming that is the document that the property owner would need to fill out to make this application. That is why I was wondering if the applicant had supplied enough information as it seems bit sparse as to details. I know the application package has a list of items like description of existing utilities, a utility plan, traffic impacts, description of adjacent usage etc. is this information he supplied available online?

Thank you

CAC KAMAK said...

Mr. Cliff,
Yes! The request will eventually be reviewed by the Planning Commission and the City Council. There will probably be a public meeting prior to the Commission and COuncil review.

The owner's complete application material except for adresses lists etc have been posted as supporting documents.

AS the request moves along the review process the owner may be required to provide additional information. It could issue dependent.

Anonymous said...

Shouldn't the basic information be included with the application? The application requests a lot more information than they supplied.
If the appropriate procedure is 18.20.230 he didn't even seem to get past completing the application packet. Or is that not the right procedure they need to follow?

Thanks

CAC KAMAK said...

The submitted application is considered technically complete. As I mentioned earlier, additional information may be required as the review process continues.

Anonymous said...

You stated in one of your replies that this entire request for changes in the "Future Land Use Map" is outside the city limits.

However, parcel R13335-454-3221 is within the city limits.

Would this not require the owner to request annexation into the city for the other parcels prior to requesting any zoning changes on either the "comprehensive plan" or on the city "zoning map."

And, if this is the case, would not an annexation create an island of property from the adjacent properties that are not within the city, yet surrounded by the city (especially on easy street?)

This certainly would not be in the cities best interest for planning purposes, would it?

Would not all land-owners in the adjacent area have to agree to annexation before any zoing requests could be considerd on any map, comprehensive plan or city map?

Thanks

CAC KAMAK said...

Thanks for pointing that out. Yes! Two of the properties are in the City and the rest are outside in the UGA. The Land Use designation of PIP covers them both and the consideration of change to land use does not require annexation.

If everything remains the same i.e. properties are not yet annexed, and IF the land use is changed, then the two properties in the CIty will go through a rezoning process (Type V 18.20.270). The remaining lots will remain outside the City and will take on the City's commercial zoning only upon annexation.

If the annexation occurs prior to land use changes, then all the properties will go through the Type V rezoning process.

Most of the above mentioned processes will require notifications. The City is required to streamline some of these processes and combining notifications and hearings are not uncommon.

Anonymous said...

Mr.Kamak

Does the comprehensive land use change affect the properties along Easy Street? In other words will the Easy Street properties zoning change to Commercial if this land use change goes through? We have been provided very little information about this change and it is unclear whether or not the Easy Street properties will be included in this change.

If this zoning change does go through what protections do we have in regards to a commercial box store type development so close to residential uses?

Will the setbacks and/or buffers for this development be based on the fact that the development is adjacent to residential?

Or will they be based on the current zoning of PIP even though the usage is residential?

On page 28 of the Comprehensive plan under Goal 11a it is stated that the city should "Preserve the integrity of existing neighborhoods by ensuring that infill development is compatible with existing development patterns."

As this is considered an infill development how is this goal being met? It is a fact that in the residential area known a Easy Street, a residential area since the early 50's, has seen zoning changes already that has the potential to greatly impact the character of the neighborhood. How can a change in zoning like this be considered compatible with the intent of the Comprehensive plan?
It seems that the city has ignored the existing uses of this land ever since the comprehensive plan was adopted ignoring the fact that the comprehensive plan calls for the city to Preserve the integity of existing neighborhoods. Is there any protection at all for existing residential uses in this area?

CAC KAMAK said...

Mr Cliff,

The Comprehensive Land Use change that Mr.Byrne has requested applies only to the properties he owns and therefore does not change the land use designations for properties on Easy Street.

If the requested zoning changes go through and if the property is developed as commercial, the property will have to provide buffers from the surrounding uses (OHMC 19.46.030(3)). This is not uncommon. Uses on the east side of Midway Blvd have commercial uses adjacent to residential uses and so does the Safeway store shopping complex and Home Depot Store.

Residential USES and Residential ZONES have buffer requirements under OHMC 19.46.030.

Anonymous said...

How is the best way to get a document with comments to the planning commission before the planning meeting?

CAC KAMAK said...

Mr Cliff,

All the comments on this blog will be included in the reports to the Planning Commission. You can also send emails and letters which will also be included to the Public Comments/input section.

Anonymous said...

Do yuo have an e-mail address to send this to?

CAC KAMAK said...

Mr Cliff,
For your reference and use, I have attached a link to the City's website for contact information. You'll find my contact information there.
http://www.oakharbor.org/details.cfm?id=7

Anonymous said...

Mr. Kamak,
Nice meeting you at the meeting last night.

I had a question about the comment Mr. Powers made about the comprehensive plan.

While I do not have a copy of the original comp plan as adopted back in the early 80's I was sure that it had a provision for allowing some residential uses in PIP zoning. Is this correct? Now I notice that the comp plan calls for all residential usage as prohibited uses.
Is this the way it always was?

Was a change made to specifically exclude it from PIP at some time?

As I recall it was included as an accessory usage or a permitted usage at the adoption of the comp plan and was changes at some time or another.

Can you clarify this for us please?

If it was included at some time as a usage can you please inform the planning commission?

While Mr. Powers may be correct that it was never included as a primary use when he made the statement that it was never allowed in PIP I know that at some time this was changed and was specifically excluded from the PIP zoning.

Thanks,

Cliff Howard

CAC KAMAK said...

Mr. Howard,

I looked up a few Comprehensive Plan in the archives dating back to the year the Comprehensive Plan was adopted with the GMA requirements and did not find any language allowing for residential uses in the Industrial Land Use designations.

The Planned Industrial Park designation was added to the Plan in 2000 and the zoning classification that was adopted that year clearly indicated that residential uses are prohibited.

Existing residential uses in the area would have been considered non-conforming with the adoption of the designation. There are some restriction on what can be done with non-conforming uses (OHMC 19.18) but a single family residence would be considered a legal non-conforming use and continue to exist.

Anonymous said...

Cac,
Thanks for the answers.

Prior to 2000 if I recall correctly we were still designated Industial Park. What was our designation when the comprehensive plan was adopted in the mid 80's..

I guess what I am trying to figure out is why and when after all the promises that were made at the inception of the comp plan that we became non-conforming. I know that we were always concerned about having the neighborhood zoned for anything but residential and I am almost positive that in the original adoption of the comp plan there was some inclusion of residential in our zoning

It is bewildering to the residents how we can be zoned out of our residential neighborhood as this seems to be the root of the problems that we are having today.

From what I understand if my house were to burn down to the point of needing to rebuild the house completely the city could, if they chose to, not allow us a building permit to rebuild. This is one of the major concerns that we have. Along with the fact that if I applied to build a home for my son or daughter on the property it again could be refused should the city decide not to authorize the permit.

I know this is a lot of questions but as we get older we would rather deal with this now rather than when we are older and infirm and find out that we cannot do what we need and want to do with our property. It would be disasterous to us to have our home burn and find out that the city will not allow us to rebuild and from what I understand this is a possibility that depends on the current city administration.

Thanks again Cac...

Cliff

CAC KAMAK said...

Mr. Howard,
Non-conforming uses are dealt with differently in the County than in the City. If your property were to be annexed into the City, then the City's zoning code reagarding non-conforming uses (OHMC 19.18)would apply. If your property is not in the City, then the County's zoning code (17.03.230) would apply. My understanding is that if your house is destroyed in a fire while still in the County you will be allowed to build it again within 3 years. For more information on the County regulations, please contact Island County Planning Department.