BEFORE THE CITY COUNCIL
FOR THE CITY OF HOOD RIVER, OREGON

ORDINANCE NO. 2015

An Ordinance adopting Chapter 17.03.130 to the Hood River Municipal Code; to amend the Comprehensive Plan and Zoning Map to rezone several waterfront properties from General Commercial (C-2) to Light Industrial (LI); and to amend Ordinance No. 1762 to remove restrictive language.

 The Hood River City Council finds as follows:

WHEREAS, The Port has expended considerable resources and effort planning their remaining waterfront assets, and they have engaged the public in discussion of Lot 1 as a whole and the design of "Zone C" of Lot 1 in particular.

The community has reached a level of understanding of the possibilities of these lands and can now build upon all the previous work to create a Refinement Plan for the area north of Portway, and east of N. Second Street.  This includes Lot 1, the Event Site, the Luhr Jensen Building, the Waterfront Park, the Western Power Building, and the Hook (Exhibit A).

As some of the last pieces of the land use puzzle are being placed, it becomes more apparent that a series of individual lot specific planning activities will not result in a desired comprehensive planned approach to this area.  Such a quasi-judicial process involving the Hood River Planning Commission and City Council would be expensive and focused on a piecemeal lot by lot approach.  The City is interested in a collaborative approach with the Port that is comprehensive of all issues in the greater area; and
 
WHEREAS, The City Council voted on May 12, 2014 to address the changes to the Port property through the legislative process; and
 
WHEREAS, A consultant was hired and a project advisory committee (PAC) was assembled of representatives of the Port and City and interested citizens to draft a “Waterfront Overlay Zone”; and

WHEREAS, The PAC met for five consecutive weeks to draft the “Waterfront Overlay Zone and to recommend zone changes and their recommendation was sent to the Planning Commission; 

WHEREAS, The Department of Land Conservation and Development (DLCD) was notified on October 28, 2014 for a December 1, 2014 public hearing before the Planning Commission.  Hearings were held on December 1, 2014 and December 8, 2014; and
 
WHEREAS, the Hood River County Planning Commission, after reviewing the PAC’s recommendation  and considering oral testimony and staff reports, recommended that the Hood River City Council adopt the components of the Waterfront Refinement Plan;

WHEREAS, the Hood River City Council held a duly notice public hearing on the Planning Commission’s recommendation at the Council’s regular meetings on at which time the Council accepted written and oral testimony; and

WHEREAS, the Hood River City Council deliberated at its regular meeting on December 15, 2014 after which a majority voted in favor of adoption of amendments to the City’s Comprehensive Plan and Zoning Map; the Hood River Municipal Code; and to amend Ordinance No. 1762; and

NOW, THEREFORE, WHEREAS, the following amendments are consistent with the City’s Comprehensive Plan as set forth in the attached Findings of Fact and Conclusions of Law (Exhibit B), which are approved and hereby incorporated by reference; and the Hood River City Council Ordains as follows:

A. Amendments to the Hood River Municipal Code (HRMC) to add a new chapter to the Zoning Ordinance, Chapter 17.03.130 Waterfront Overlay Zone: 

1. Chapter 17.03.130 Waterfront Overlay Zone:
a. Allows a very limited amount of commercial use on certain industrial sites.
b. Establishes design standards for new commercial and industrial uses.
c. Establishes design standards and public access requirements for the Waterfront Trail.

 B. Amend the Comprehensive Plan and Zoning Map to add an overlay zone called Waterfront Overly Zone affecting the following properties (see “B” on the attached map):

1. Land north of Portway Ave. including The Hook and 3N10E25 Tax Lots 112, 113, 114, 122 and a portion of 100;
2. Portway Ave. and all lots/parcels adjacent to the southern boundary of the Portway Ave. right-of-way that are located east of N. 8th St. including 3N10E25 Tax Lots 124, 125, 126 and 127;
3. All lots/parcels adjacent to the western boundary of the N. 2nd St. right-of-way that are located south of Portway Ave. and north of Riverside Dr. including 3N10E25 Tax Lot 127 (Parcel 2 of CS No. 2012-031), the eastern 363.98 feet of Tax Lot 128 (Lot 5 of the Waterfront Business Park Subdivision, CS No. 2009-055), the eastern 165 feet of Tax Lot 108 (CS No. 2009-012), and Tax Lot 132;
4. 3N10E25 Tax Lot 120 (CS No. 2009-012) located north of Riverside Dr. and west of N. 2nd St.;
5. 3N10E25DB Tax Lots 500, 600, 700, 800 and 900 located south of Riverside Dr. and east of N. 2nd St. (CS Nos. 97068 and 2014-007);
6. All lots/parcels between N. 2nd St. and the Nichols Boat Basin including 3N10E25 Tax Lots 102, 109, 115 and 133.

This area includes lands owned by the Port of Hood River, Ryan Holdings, Inc., Parkside Lands LLC, and Fluvian, Inc.

C. Amend the Comprehensive Plan and Zoning Map to rezone property designated as Parcel #1 (19,145 square feet) and Parcel #2 (23,445 square feet) of City Partition File No. 2014-13 which is located at the southwest corner of N. 2nd St. and Portway Ave. from General Commercial (C-2) to Light Industrial (LI).  This property is owned by the Port of Hood River and is vacant. (See “C” on the attached map):

D. Rezone Lot 5 of the Waterfront Business Park Subdivision (3N10E25 Tax Lot 128), from General Commercial (C-2) to Light Industrial (LI).  This lot is located at the southwest corner of N. 2nd Street and Anchor Way, owned by the Port of Hood River and is vacant with the exception of a storm water facility.  Approximately 0.17 acre of the 0.96-acre lot was rezoned from General Commercial (C-2) to Light Industrial (LI) through Ordinance No. 2012.  The current proposal rezones the remainder of the lot so that it is zoned Light Industrial (LI) in its entirety. (See “D” on the attached map):

E. Confirm application of General Commercial (C-2) Zoning to a portion of Parcel 3 of County Survey No. 2012-031 (3N10E25 Tax Lot 126).  The property is located on the south side of Portway Ave. between N. 2nd St. and N. 8th St. and the building on the site includes tenant Solstice Wood Fire Cafe.  (See “E” on the attached map):

Approximately 28,502-square feet of the 35,015-square-foot parcel are zoned General Commercial (C-2) subject to conditions.  The remaining 6,513-square feet of the parcel is zoned Light Industrial (LI).

In 1998, following approval of Zone Change File No. 98- 24, Ordinance No. 1762 was adopted including the following condition:  “The use of the subject property will be limited to the specific use as identified in the need – Expo Center, parking lot, Conference Center, Visitor’s Center and Chamber of Commerce.  This condition can be removed upon approval of the proposed commercial designation of the subject properties through the legislative rezones for the Waterfront Plan.”  This condition limiting uses affects the subject parcel.

The condition of Ordinance No. 1762 limiting uses on the former Expo Center site is being removed in association with adoption of the current Waterfront Refinement Plan (Ordinance No. 2015).  As such, 28,502-square feet of the parcel will be zoned General Commercial (C-2) with no limiting conditions, and 6,513-square feet will remain zoned Light Industrial (LI).

 Read for the First Time this 15th day of December, 2014
 Read for the Second Time and approved this 22nd day of December 2014.  This
Ordinance shall take effect on the 31st day following the second reading.

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AYES:  6
NAYS:  0
ABSTAIN:  0
ABSENT:     1      
      Arthur Babitz, Mayor


ATTEST:


     
Jennifer Gray, City Recorder Approved as to form:


     
Daniel Kearns, City Attorney