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HomeMy WebLinkAbout98-1161 2 3 4 5 6 7 8 9 10 11 12 13 1. 14 15 16 17 18 2. 19 20 21 22 23 3. 24 25 26 27 28 29 4. 30 31 32 33 5. 34 35 36 37 38 39 40 6. 41 42 43 44 45 7. 46 Resolution No. 98-116 A RESOLUTION OF THE CITY COUNCIL OF THI TOWNSEND APPROVING LUP98-07, A SITE SPECIFI REQUEST BY ROBERT C. HARPER TO AMEND THi~ PLAN LAND USE MAP AND THE OFFICIAL ZONII~ PURSUANT TO TITLE 17 PTMC TO CHANGE THE I ZONING OF PROPERTY LOCATED AT 2611 FROM M-II(A) TO C-II. The City Council of the City of Port Townsend, Washington fin Chapter 20.04 PTMC establishes a process for considera than once per year, of potential amendments to the City' and Land Use Map (the Plan), and Zoning Code and Off Zoning Code). Consistent with 20.04.050(B) PTMC, formal applicatim: judicial amendments to the Plan and Zoning Code must' during the City's annual Plan and development regulati(: cycle. LUP98-07 is such a formal application. By way of LUP98-07, the applicant, Robert C. Harper, requested that the property located at 2611 Sims Way be Marine-Related, to C-II, General Commercial. Approva requires amendment to the Land Use Map of the Plan an Map adopted pursuant to Title 17 PTMC. After timely and effective public notice, LUP98-07 was record public heating CondUCted by the Port ToWnsend Planning commission) on October 8, 1998, After timely and effective public notice, LUP98-07 was meeting held by the Planning Commission on October upon the testimOny reCeiVed at the Prior hearing, and to conclusions and a recommendation for the adViCe of the Council). At that meeting, the Planning Commission un the approval of LUP98-07. After timely and effective public notice, the Council and held a joint workshop meeting on October 26, 1998. On considered during this workshop was the Planning Corm recommendation concerning LUP98-07. After timely and effective public notice, the Council hel~ on November 2, I998 to accept testimony regarding all { HARPER REZONE REQUEST LUP98-07 '~ CITY OF PORT U, QUASI-JUDICIAL COMPREHENSIVE 'G MAP ADOPTED IESIGNATION AND SIMS WAY :Is as follows: tion, no more frequently Comprehensive Plan [cial Zoning Map (the s for site specific, quasi- De formally considered n review and amendment as formally rezoned from M-II(A), I of the application d the Official Zoning the subject of an open 'lanning Commission (the he subject of a public 5, 1998, to deliberate levelop findings, City Council (the animously recommended Planning Commission e of the matters nission's I its own public hearing ~f the proposed Plan and RESOLUTION NO. 98-116 DECEMBER 7, 1998 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 36 37 38 39 40 41 42 43 44 45 46 Zoning Code amendments, including LUP98-07. o After timely and effective public notice, the Council heh November 16, 1998 to deliberate further upon the testim the Plan and Zoning Code amendments, and to formally modifications, or reject the various findings of the Plann including the recommendation relating to LUP98-07. D Council voted unanimously to accept the Planning Corm recommendation regarding LUP98-07. 10. 11. 12. 13. 14. Findings 10 through 23, below, are based upon the Plato findings, conclusions and recommendation of October 1: LUP98-07, and fulfill the requirements of 20.04.080 PT] The property subject to LUP98-07 is a 33,660 square fo< flat land at the intersection of Sims Way and Benedict S~ buildings and fixtures presently used for a gasoline servi uses, office space, and a coffee stand. The existing uses nature, taking advantage of the location on Sims Way. LUP98-07 has been reviewed through a SEPA checklist On August 5, 1998, a notice of threshold determination ~ September 16, 1998, a determination of non-significant{ became final on October 1, 1998. No environmental im mitigated have been identified. The property subject to LUP98-07 is an environmentall,. defined under Chapter 19.05 PTMC, being mapped as a frequently flooded area and a seismically hazardous area 1998, the Building and Community Development Direct requirement for an ESA permit for this application, puts § 19.05.040(D)(1 ) (j). Future development o f the site wil permit. Properties to the west and south of the site subject to LU of Port Townsend, are part of the Boat Haven, and are d~ Marine-Related Uses. Property across Sims Way to the the Port of Port Townsend, and are designated P/OS, Ex: Space. Property to the east of the site, across Benedict designated C-II, General Commercial. Prior to adoption of the Comprehensive Plan in 1996, an 1997, the site was designated M-1. The 1997 zoning de: made the previously existing, legal uses on the site nonc, in the vicinity that were changed from M-1 to M-II(A) b Townsend. HARPER REZONE REQUEST LUP98-07 2 I a public meeting on vny received regarding adopt, adopt with lng Commission, ~ng that meeting, the nission's ting Commission's i, 1998 relating to viC. ,t site consisting of fairly reet, having existing ee station and related are highway oriented in dated August 4, 1998. vas issued, and on .,was issued, which >acts Which cannot be sensitive area (ESA) as aquifer recharge area, a On September 10, ~r waived the ~ant to be subject to an ESA ?98-07 belong to the Port :signated M-II(A), aorth of the site belong to sting Park or Open treet, is a plant nursery, d the Zoning Code in ,ignation of M-II(A) )nforming. Other lands fiong to the Port of Port RESOLUTION NO. 98-116 DECEMBER 7, 1998 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 36 37 38 39 40 41 42 43 44 45 46 15. 16. 17. 18. 19. 20. 21. The M-II(A) land use designation and zoning district are marine-related uses that are part of the Boat Haven. The adoption of both the 1996 Comprehensive Plan and the not reveal an intent to add the subject site to the Boat Hi Development potential under the C-II and M-II(A) zone~ allowable development, although the range of commerci II zone. Since the site is already developed with uses th~ C-II zone, no change in traffic generation is assumed to: and no impacts upon the City's concurrency standards h~ The site is physically suited for either C-II or for M-II(,~ because of the ESA issues identified in finding 12, abov, will require detailed review. Location of the property or excellent accessibility. The Draft Port Townsend Comprehensive Plan and Drat Statement, dated January 10, 1996, identified a twenty (~ acres of commercially zoned land and 169 acres of indm comparison, the adopted plan included 246 acres of land commercial land use and 202 acres designated for indusl in LUP98-07 is approximately ~A of an acre in size. Cha from M-II(A) to C-II will enable the City to more elosel' demand for commercial land. Adequate urban services are available to the site, and nc is anticipated as a result of changing the designation fi:o~ Changing the land use and zoning designations applied C-II is consistent with the Plan: a. The site is currently designated for M-II(A) use,, of Port Townsend's Boat Haven properties, and i marine uses; b. The description of the M-I(A) designated on pag Element of the Plan states, "the M-II(A) designal primarily to Port owned lands at the Boat Haven' c. The zoning of the site prior to the 1996 Plan was which allowed many uses not allowed in the M-I d. The Comprehensive Plan also identifies a shortal land in the City (Land Use Element, page IV-2). Taking all of these factors into consideration, the Count: more appropriate land use designation and zone. It is unlikely that changing the designation from M-II(Al pressure to change the designation of other properties, si land in the vicinity that is zoned M-II(A), but is not part HARPER REZONE REQUEST LUP98-07 3 primarily intended for record leading up to 997 Zoning Code does yen. ;is similar in scale of al uses is greater in the C- Lt would conform to the · esult from the proposal, tve been identified. uses. However, any future development Sims Way provides Environmental Impact ~0) year demand for 299 rial land. In ~ctually designated for rial use. The subject site aging the designation meet the forecasted mpact on these services a M-II(A) to C-II. the site from M-II(A) to but is not part of the Port not now used for ,~ IV-10 of the Land Use ion has been applied '; M- 1, manufacturing, [(A) zone; and e of commercially zoned concludes that C-II is a to C-II will result in ace the site is the only of the Boat Haven, and RESOLUTION NO. 98-116 DECEMBER 7, 1998 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 since it is the only M-II(A) site that has a history of dev¢ oriented. 22. As proposed, LUP98-07 is consistent with, and reflectiv, community at large. 23. Approving the application to change the designation of l II(A) to C-II is wholly consistent with the Growth Mana 36.70A RCW), and the Coun .ty-Wide Planning Policy fe NOW, THEREFORE, the Port Townsend City Council in regt resolves as follows: 1. Based upon the above findings, the City Council hereby lopment that is highway of, the values of the .e subject site from M- ement Act (Chapter Jefferson County. tlar session assembled approves LUP98-07. 2. The City Council directs that formal Land Use Plan Mag and Official Zoning Map amendments be included in Ordinance No. 2670 to limplement this approved change in zoning. ~ ADOPTED by the City Council of the City of Port Townsend[nd signed by the Mayor on this 7th day of December, 1998. Attest: ~~~,er~ Pam Kolacy, City ~~ HARPER REZONE REQUEST LUP98-07 ~,~,~_~ fayor m, City Attorney RESOLUTION NO. 98-116 DECEMBER 7, 1998