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