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HomeMy WebLinkAboutOrdinance 2192 N.C.S. 09/20/20041 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 EFFECTIVE DATE OF ORDINANCE October 20, 2004 Introduced by Mike O'Brien ORDINANCE NO. 2192 N.C.S. Seconded by Pamela Torliatt PRE -ZONING A 2-ACRE PARCEL, APN 019-070-043, TO R-1 20,000, TO ALLOW FOR 3 RESIDENTIAL LOTS, AND DEVELOPMENT OF 2 NEW RESIDENCES TO BE LOCATED AT 1081 BANTAM WAY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. The City Council finds that the Planning Commission filed with the City Council its report set forth in its minutes of April 13, 2004, recommending the adoption of an amendment to Zoning Ordinance Section 1072 N.C.S., as amended, by classifying and pre -zoning certain lands being more particularly described as the 2-acre Assessor's Parcel No. 019-070-043. Section 2. The City Council further finds that said Planning Commission held a public hearing on said proposed amendment on April 13, 2004, after giving notice of said hearing, in the manner, for the period, and in the form required by said Ordinance No. 1.072 N.C.S., as amended. Section 3. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., as amended, the City Council finds as follows: 1. The purpose of the R-1 zoning designation is to provide areas within Petaluma where existing single-family dwellings may be protected and to encourage the development of new neighborhoods of single-family dwellings. The R-1 district is intended to accommodate groups of single-family homes together with schools, Ordinance No. 2192 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 parks, open spaces, and other public services required for a satisfactory family environment. The range of density classes indicated for the R-1 District is intended to permit harmonious development of residential districts with different characteristics. The project proposal meets the requirements of the R-1 20,000 zoning designation. 2. That the proposed rezoning to R-1 20,000 is consistent with the requirements of this zoning designation with regards to lot size, width, depth. 3. That the proposed subdivision, has a suitable relationship to one or more thoroughfares, and said thoroughfares are adequate to carry any additional traffic generated by the development. 4. That the proposed project, as conditioned, will not be detrimental to the public welfare, will be in the best interests of the City, and will be in keeping with the general intent and spirit of the zoning regulations of the City and with the General Plan as amended by the proposal. The project will occur within the City's Sphere of Influence and Urban Limit Line on property slated for development. The infrastructure improvements will contribute to the health, safety and welfare of the community. Section 4. Pursuant to the provisions of Zoning Ordinance No. 1072 N.C.S., and based upon the evidence it has received and in accordance with the findings made, the City Council hereby adopts an amendment to said Zoning Ordinance No. 1072 N.C.S., so as to pre -zone said property herein referred to, in accordance with the recommendation of the Planning Commission. Section 5. The City Clerk is hereby directed to post this Ordinance for the period and in the manner required by the City Charter. IF ANY SECTION, subsection, sentence, clause or phrase or word of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof irrespective Ordinance No. 2192 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. INTRODUCED and ordered Pested/Published this 13'h day of September 2004. ADOPTED this 20rh day of September 2004, by the following vote: AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien, Thompson, Torliatt NOES: None ABSENT: None 1 David Glass, Mayor ATTEST: 11"'t z P,(Zl ayle Pe rsen, City Clerk APPROVED AS TO FORM: Ordinance No. 2192 N.C.S. Page 3