HomeMy WebLinkAbout94-120RESOLUTION NO. 94- I,z-O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND DECLARING THE CITY'S INTENT TO LIMIT THE
EXTENSION OF WATER SERVICE TO ITS OUT OF CITY WATER
SERVICE AREA ON AN INTERIM BASIS UNTIL JEFFERSON COUNTY
HAS ADOPTED INTERIM URBAN GROWTH AREAS ("IUGA") IN
CONFORMANCE WITH THE GROWTH MANAGEMENT ACT
WHEREAS, the City of Port Townsend provides water service through its water
department to area outside the boundaries of the City; and
WHEREAS, by Resolution No. 93-73, adopted June 21, 1993, the City Council declared
its intent to reduce its out of city water service area on an interim basis pending the completion
of the Coordinated Water System Plan update, and established a policy of providing no new
water taps or water main extensions outside of the interim service boundaries; and
WHEREAS, under general water and utility law a city cannot be compelled to provide
water service to persons outside its corporate limits in the absence of a contract, express or
implied, which creates such an obligation; and
WHEREAS, the presence or absence of a water main abutting property does not
evidence an intent to serve such property and any right to connect to a water system is a license
right only which does not impart any property rights to the landowner; and
WHEREAS, this is a time of rapid change in the law and policies related to water and
other urban services, and water purveyors such as the City must consider the impact of
legislative directives such as the Growth Management Act ("GMA"), RCW 36.70A.010, et.
seq., which mandates that cities and counties conduct adequate planning and analysis and
consider urban character prior to the extension of urban services; and
WHEREAS, the Growth Management Act at RCW 19.27.097, requires that building
permit issuance be based upon evidence of an adequate potable water supply from the purveyor
of water to the site for which a building permit is requested; and
WHEREAS, Countywide Planning Policies ("CPPs") adopted pursuant to the Growth
Management Act, at RCW 36.70A.210, by the City of Port Townsend and Jefferson County
establish a joint City and County policy that urban services as identified in the capital facilities
plan, including community water, sanitary sewer, piped fire flow and storm water systems, will
not be extended beyond Urban Growth Area ("UGA") boundaries unless needed to mitigate a
threat to the public health or welfare, or to protect an area of environmental sensitivity (see
Policy 2, subsections (1) and (4)); and
WHEREAS, on August 10, 1994 the Western Washington Growth Management Hearings
Board ("Board") issued its decision and final order in the City's appeal of the County's Interim
Urban Growth Areas ("IUGA") Ordinance No. 02-0110-94, with amending Ordinance
No. 03-0270-94 ("the Ordinance"); that decision found that the County is not in compliance with
the Growth Management Act and the CPPs with the adoption of its IUGA ordinance holding:
[T]he CPPs of Jefferson County apply to the IUGA decision and that they and the
GMA require that a proper analysis of land capacity, existing and future capital
facilities impacts, and existing and future fiscal analysis must be made before an
area outside the municipal boundaries of a city or cities can be established as
either an interim or a comprehensive plan urban growth area. The designations
must be consistent with the goals and requirements of the Act and the CPPs.
(Final Order p. 13.)
Further,
Much of this record reflects a growing crisis and concern with regard to the
City's ability to provide water services beyond its existing obligations. The
County contended that the growth areas corresponded roughly to the City's
existing water obligations and that other alternatives such as PUD's were
available. Again, this misses the point. No actual analysis of the need, expense
or ability to provide water services for the designated IUGAs was done. No
designation of the critical aquifer recharge area contained in the "Tri-Area'
IUGA was completed (Ex. 20). Such an analysis is a necessary component in
Jefferson County given the repeated references to the water crisis that currently
exists.
(Final Order, pp. 17, 18.)
The Board also found that a lack of analysis of the need for, cost of and ability to provide
public facilities or service impaired the County's ability to develop adequate level of service
standards. Significantly, the Board also held that the Act clearly directs that urban government
services (defined as storm and sanitary sewer, domestic water systems, fire and police protection
services and public transit services) "... be provided in non-urban growth areas on a lower
level of service basis and only for compelling reasons." (Final Order, p. 21.); and
WltEREAS, to achieve compliance with the GMA the Board ordered the County to
eliminate any interim urban growth area designations outside the city limits of Port Townsend
within 30 days of the Order and not designate other interim growth areas until completing the
information gathering and analysis required by the GMA; to clarify the County's IUGA
ordinance within 30 days of the Order to not allow urban residential, commercial or industrial
development outside a properly designated IUGA; and to adopt appropriate rural densities within
60 days of the Order; and
WHEREAS, at a Special Meeting on September 6, 1994, the County Board of
Commissioners adopted resolution No. 97-94, which declared the designation of interim urban
growth areas outside the municipal boundaries of the City of Port Townsend contained within
Ordinance f02.0110,94 as amended null and void, imposed a 45-day moratorium on accepting
applications for subdivisions, mobile home park divisions, recreational vehicle park divisions,
commercial and industrial park divisions, condominium divisions, planned unit developments and
zoning reclassifications, excluding single family residential uses; and
WHEREAS, on September 9, 1994 the County filed an appeal of the Western Growth
Management Hearings Board's decision, and has been actively involved in supporting a motion
for a stay order in the case of Kitsap County vs. Association of Rural Residents and Central
Puget Sound Growth Management Hearings Board, Thurston County Superior Court Case
No. 94-2-02051-7, and has not yet engaged in the planning processes required by the Board to
adopt IUGAs in conformance with the GMA, thereby leaving uncertain a time specific for the
adoption of UGAs; and
WItEREAS, in interpreting the Board's decision and the requirements of the GMA,
representatives from the State Department of Health and the Department of Community Trade
and Economic Development have indicated that no public water systems can be extended in
Jefferson County to areas that are not within an IUGA or UGA; and
WHEREAS, the City does not want to represent that it can provide water service
extensions to areas when doing so would violate the requirements or intent of the Board's Order,
the CPPs, the Growth Management Act or decisions implementing the Act, or the directives
from Washington State Agencies responsible for implementing the Act or health and safety
requirements;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City
of Port Townsend is indicating its intent to adopt a proposed/intended Ordinance, adding a new
section to Chapter 13.14 of the Port Townsend Municipal Code, which is entitled "Water
Service and Reservation System Outside of City", following SEPA and agency review, and
public comment on the Ordinance, which would read as follows:
1. Water reservations requiring main line extensions~ will be accepted only for areas
within the boundaries of an IUGA or UGA in compliance with the GMA, except for
those extensions already committed to as defined in paragraph 4 below;
2. Water reservations requiring connection to an existing main line will be accepted
for single-family homes within the water service area outside the City as identified by
Resolution No. 93-73.
3. Water reservations requiring connection (a water tap) to an existing main line for
commercial or industrial development will be accepted only for areas within the
boundaries of an IUGA or UGA, except for those connections already committed to as
defined in paragraph 4 below.
4. For the purposes of this Chapter only, a "prior, legally binding commitment"
under PTMC 13.14.030 shall include:
(a) A written contract with a named party for a specific quantity of water, for
a specific term, supported by valid consideration, made prior to the date of the
adoption of this Ordinance; or
(b) A history of direct contact with a history of discussions between a party
and the Public Works Director in which specific and express guarantees of
commitments of water service or water connection to the City's water system
were made in response to a specific inquiry, and the party made substantial
expenditures or investments in reliance on such contact, culminating in filing a
complete land use permit application.
5. Notwithstanding the provisions of this Section, the Public Works Director may,
under limited circumstances, grant a variance from the requirement of this Section and
accept a water reservation application. For the Public Works Director to grant a
variance, the landowner must demonstrate to the Director's satisfaction that non-
acceptance of the application would cause a significant and unique hardship to the
applicant or would create an immediate public health and safety emergency; provided that
the Director makes a written finding that such acceptance .,a~l--would not cause
significant injury to public resources or to the environment. The Director's written
findings shall set forth and show that all of the following conditions exist:
~ A "main line extension" is defined as the extension of a water main, which is a
system-owned distribution line in a public right-of-way or easement, to serve additional
customer(s).
4
(a) That special conditions exist with respect to the land or area such as size,
shape, topography, location, density, character of neighborhood, character of the
environment or other factors not generally applicable to other lands or areas, such
that the requirements of this Chapter would be unnecessary, inappropriate or
unreasonably burdensome;
Co) That the special conditions do not result from actions of the applicant;
(c) That granting the variance will not confer a special privilege to the
applicant denied to other similarly situated landowners;
(d) That a variance would not be materially detrimental to the public health,
safety and welfare, or to other properties or improvements in the area;
(e) That the applicant has set forth sufficient reasons to justify granting the
variance;
(f) That a variance will be in harmony with the general purpose and intent of
this Chapter and would not establish a precedent for subsequent variance requests
which could diminish the effect of this Chapter in furthering these purposes;
(g) That granting the variance will not adversely affect the applicable
comprehensive plan; and
(h) That the strict requirements of this section would be otherwise
unreasonable as applied to the applicant.
6. The appeal provisions set forth in Section 13.14.090 shall govern administrative
appeals of decisions made by the Director of Public Works pursuant to this Section.
7. The proposed interim ordinance may be changed or amended by the City Council
in light of new or conflicting directives from state agencies, the Hearings Boards or other
regulatory authorities.
this
17ADOPTED~ day of by t~c~uncil_ of the, City.of Port Townsend, and s. igned by the Mayor
Attest:
David A. Grove
Clerk/Treasurer
Mayor
Appr~ov~4 as to.~fo~~
{ca§ 10/13/94RES\waterres.doc}
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