Loading...
HomeMy WebLinkAbout2967 Adopting 2007 Comprehensive Plan UpdateOrdinance No. 2967 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE 2007 COMPREHENSIVE PLAN UPDATE CONSISTING OF CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES, AND POLICIES CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN), ADOPTING FOUR SITE SPECIFIC AMENDMENTS TO THE OFFICIAL LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17 ZONING OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC), ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE PLANNING DEPARTMENT TO PREPARE REVISED COPIES OF THE LAND USE MAP & OFFICIAL ZONING MAP; DIRECTING THE CITY CLERK TO PREPARE REVISED COPIES OF THE PLAN AND TO CODIFY THE AMENDMENTS TO TITLE 17 ZONING PTMC AS SET FORTH IN THIS ORDINANCE; AND ESTABLISHiNC AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). Comprehensive Plan Amendment Findines 1. After extensive public review and a recommendation from the Port Townsend Planning Commission (the Planning Commission), the City's current Comprehensive Plan (the Plan) was adopted by the City Council (the Council) on .Tuly 15, 1996 (Ordinance No. 2539), to comply with the Washington State Growth Management Act (GMA) of 1990 (Chapter 36.70A RCW), and to facilitate the orderly and coordinated growth and development of the City. All findings, recitals and other provisions of Ordinance No. 2539 are incorporated herein by this reference. After public review and a recommendation from the Planning Commission, the City adopted its current Zoning Code (Title 17 PTMC) on Apri17, 1997 (Ordinance No. 2571), to comply with the GMA and to fully implement the Plan. All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference. Council adopted the City's current Comprehensive Plan/Development Regulations Amendment Process codified in Chapter 20.04 PTMC on Decemberl6, 1996 (Ordinance No. 2559). Adoption of this chapter implemented the GMA requirement to establish procedures for plan and development regulation amendments (~ 36.70A.130 and 36.70A.470 RCW). All findings, recitals and other provisions of Ordinance No. 2559 are incorporated herein by this reference. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps of the Comprehensive Plan and Development Regulations. Since initial adoption. in 1996, the City has undertaken amendments to the Plan eight times. These prior amendments have been undertaken in an effort to ensure that the plan remains consistent with the goals and requirements of the GMA, as well as emerging community trends. Ordinance 396? 4. The process codified in Chapter 20.04 PTMC solicits public involvement in identifying suggested plan and development regulation amendments, and provide ample opportunities for meaningful public comment on the proposed amendments. Early, continuous and meaningful public participation is achieved through broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, information services, and consideration and response to public comments, consistent with the requirements of the GMA (~ 36.70A.035, 36.70A.130, and 36.70A.140 RCW). 5. As set forth in the findings below, the opportunities provided for meaningful citizen participation employed in this review and amendment process is wholly consistent with the requirements of the GMA (~ 36.70A.035, 36.70A.130, and 36.70A.]40 RCW) and the procedures set forth in Chapter 20.04 PTMC. 2007 Comprehensive Plan Amendment Process 6. March 1, 2007, marked the deadline for submittal of applications to be considered in the 2007Amendment cycle. Pursuant to Chapter 20.04 of the Port Townsend Municipal Code (PTMC), both formal and suggested amendments were accepted for consideration in 2007. A total often applications (one formal and nine suggested) to amend the Comprehensive Plan, Land Use Map, Zoning Map and Development Regulations were received for consideration in the 2007 Comprehensive Amendment cycle. 7. Pursuant to Chapter 20.04 PTMC, the one formal application, item # 1 Shapiro/Woods rezone (LUP 07-024) was automatically placed on the final docket. 8. On April 12, 2007, and after timely and effective public notice, the Planning Commission held and open record public hearing to accept public testimony regarding which of the applications for suggested amendments should be placed on the final docket for formal review and consideration, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice of the City Council, all in a manner consistent with Chapter 20.04 of the Port Townsend Municipal Code. 9. On July 16, 2007, and after timely and effective public notice, the Council deliberated upon and voted to accept the recommendations of the Planning Commission on docketing of items 3-1 Q and holding action on item 2 until the continued public hearing on that item August 6, 2007. 10. At the continued public hearing on August 6, 2007, upon close of public testimony, the Council deliberated on Item #2 04 Development Rezone (LUP 07- 0~, the motion to add the item to the docket failed. Thus, the 2007 docket contained six amendments: • Item 1: Shapiro/Woods Rezone (LUP 07-024) Ordinance 2967 ^ Item 2: Wise Rezone (LUP 06-149) ^ Item 3: Nomura Rezone (LUP 07-014) ^ Item 4: Rezone City of Port Townsend Library Site (LUP 07-036) ^ Item 5: Howard Street Corridor Rezone/Overlay District (LUP 07-030) ^ Item 6: Establish R-III Minimum Density Requirement (LUP07-025) 11. On October 17, 2007, "Notice of Intent to Amend the Comprehensive Plan, Land Use Map, Zoning Map, and Implementing Regulations & Notice of Determination ofNon-Significance, Adoption of Existing Environmental Documents and Availability of SEPA Addendum, Year 2007 Comprehensive Plan Amendment Docket" was published in the Port Townsend Leader. Notice was mailed to applicants and affected property owners within 300-feet of the proposed site- specific amendments to the land use/zoning maps. 12. On October 25, 2007, and after timely and effective public notice, the Planning Commission held and open record public hearing to accept public testimony regarding the amendments on the 2007 Comprehensive Plan final docket. Upon close of public testimony, the Commission deliberated upon the testimony received and issued its findings, conclusions, and recommendations for three of the items on the docket (Wise, Library rezones and the R-III minimum density). One of the docket items, Howard Street Corridor Rezone/Overlay District (LUP 07-030), was not prepared for full review and thus the Planning Commission recommended that Council defer the item to a future date or include the item on the City's Comprehensive Plan Docket for 2008. For the two remaining applications (Shapiro/Woods and Nomura rezones) the hearing was continued to December 13, 2007. 13. On November 15, 2007 the SEPA public comment/appeal period ended. The responsible official considered written and oral comments received. In response, supplemental information was provided in a Final Determination of Non- Significance (DNS). Additional informationprovided in the Final DNS did not alter the SEPA Official's Determination ofNon-Significance. 14. At the continued hearing of December 13, 2007, the Planning Commission took additional public testimony regarding the Shapiro/Woods and Nomura rezone applications. Upon close of public testimony, the Commission deliberated upon the testimony received, and directed staff to prepare findings, conclusions, and recommendations for the advice of the City Council on these applications. 15. On February 4, 2008, and after timely and effective public notice, the Council held an open record public hearing to accept public testimony regarding the amendments on the 2007 Comprehensive Plan final docket. Upon concluding the public hearing. Council deliberated upon the testimony and upon the Planning Commission's recommendation on the final docket, all in a manner consistent with the requirements of Chapter 20.04 PTMC. Ordinance 2967 16. The Council hereby incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of December 13, 2007 relating to revisions to the Comprehensive Plan, Port Townsend Municipal Code, Official Land Use and Zoning Maps to the City of Port Townsend: 17. Staff identified a minor inconsistency in the Comprehensive Plan and Title 17 of the Municipal Code during the preparation of this ordinance. Some of the density requirements for R-III and R-IV zoning districts in both the text and tables of the Comprehensive Plan and Municipal Code were not revised consistent with prior City Council action as documented in Ordinance 2939, dated February 5, 2007. These revisions are incorporated herein. Council hereby finds that the clazifying revisions are consistent the intent and purpose of prior Council action as approved by Ordinance 2939. 18. The Council finds that the plan and development regulations amendments adopted herein have been subject to environmental review and threshold determination in compliance with the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. The SEPA Responsible Official issued a Determination ofNon-Significance, Adoption of Existing Environmental Documents and SEPA Addendum on October 17, 2007. 19. The Council finds that the amendments adopted in this ordinance are true to the original vision and goals of the Plan, while accommodating some reasonable and modest change that is entirely consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment criteria set forth in 20.04.080(A)(3) and (4), and (B)(3) PTMC. 20. Consistent with the requirements of the GMA, Planning Department staff forwarded the proposed amendments to the Comprehensive Plan and Zoning Code to the State of Washington Depaztment of Community Trade and Economic Development (DCTED) fox review and comment more than sixty (60) days prior to the adoption of this ordinance (~36.70A.106). No substantive comments were received from DCTED prior to the adoption of this ordinance. 21. Pursuant to PTMC Section 20.04.020, the amendments have been considered concurrently and Council has considered the cumulative effect of all items. 22. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70A RCW) and is externally consistent and compatible with the 14-state-wide planning goals contained within the GMA (~ 36.70A.020 RCW). 23. This ordinance has also been reviewed against the requirements of the County-Wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. Ordinance 2967 24. Based upon the foregoing findings, the Council finds that adoption of the following amendments will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townend as follows: SECTION 1 ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF THE PORT TOWNSEND COMPREHENSIVE PLAN AND COROLLARY AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND. Pursuant to the City's authority under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this ordinance, the City Council hereby adopts an amended Official Comprehensive Plan Land Use and Zoning Map for the City of Port Townsend, to reflect Redesignation/rezoning of the following properties: • Item 1: Shapiro/Woods Rezone (LUP 07-024) -Rezone six lots from R-II, Medium Density Single-Family to C-II, General Commercial, zoning. Legally described as Lots 17-19 and 20(S'/Z), Lots 20 (N'/z) and 21-22 all within Block 31 of the Eisenbeis Addition to the City of Port Townsend. • Item 2: Wise Rezone (LUP 06-149) -Rezoning from C-I (Neighborhood Commercial) to C-I/MU (Neighborhood Serving Mixed-Use Center) parcel at the southeast corner of F Street and San Juan Avenue, 1441, 1443, 1445 F Street, Assessor's Parcel No. 001023003 • Item 3: Nomura Rezone (LUP 07-014) Rezone a, as yet undivided one acre parcel at the intersection of San Juan and F Streets from R-II to C-I/MU, with the balance of the property to remain R-II single-family residential. Assessor's Parcel No. 001034002 • Item 4: City of Port Townsend Library Site Rezone (LUP 07-036) Unify the zoning of the site, which is currently P-I (Public/Infrastructure), R-II (single-family residential) and C-III (Historic Commercial) to wholly P-I (Public/Infrastructure). Assessor's Parcel No. 001024015 The provisions of Title 17, Zoning, of the Port Townsend Municipal Code shall govern the administration, applicability, and interpretation of the Official Zoning Map, as amended. SECTION 2 ADOPTION OF AMENDMENTS TO TABLE IV-2, CHAPTER IV, LAND USE ELEMENT OF THE PORT TOWNSEND COMPREHENSIVE PLAN Consistent with the revisions to the land use zoning map in Section 1 above, acreages in Table IV-2 of the Land Use Element is hereby amended as set forth below. Ordinance 2967 TABLE IV-2: THE LAND USE iVIAP -ACREAGE WiTHTN EACH LAND USE DE5IGNATION* LAND USE T-,AN[ R LAND AREA IN ACRES DESIGNATION r~l`-F,^~.° oS (Less Platted Rights of Way and Marinas) R-I ~7A 344 566 R-II '~ a-348-1518 R-III ~ T6H-165 R-I V 36 22 R-PUD ~ n/a C-UMU ~ -1-415 C-II/MU 23 15 MU-PUD 0 0 C-1 3 2 L C-I I -1-3-T 104 C-[I(H) 1;L 11 can 4k z6 C-IV** 0 0 CM-PUD ~ 28 M/C 76 62 M-I** 9- 0 M-II(A) Boat Haven ~ 4~ 44 M-H(B) PoinC Hudson ~ 17 M-Ill** 8 0 P/OS 645 609 P/OS(A)*** A}FA N/A P/OS(B) 9~ 86 P-I 1~ 152 Total r55~ ',^~s 3 442 * Totals include lands within the Port Townsend Ciry limits only. ** Thcsc land use designations could be applied to portions of the Glen Cove area, if a FUGA larger than the Port Townsend City limits is designated. *** This designation is intended only to depict, at a conceptual level, areas that could be valuable if maintained as open spaces. Considerable work must be completed before the boundaries of this conceptual overlay district can be detailed, and before specific steps can be undertaken to implement the concept. Consequently, acreage totals are of marginal usefulness at this point in time. SECTION 3 ADOPTION OF AMENDMENTS TO THE NARRATIVE, TEXT, AND TABLES OF THE COMPREHENSIVE PLAN SUBSECTION 3.1: Pursuant to Docket Item 6 and Ordinance 2939, R-III Minimum Density, Chapter IV, Land Use Element under "Land Use Map Designations" shall be amended to read as follows: Residential Designations: Low Density: R-I (SF) up to 4 d.u. per acre (i.e., 10,000 s.f. minimum lot size) Medium R-II (SF) up to 8 d.u. per acre (i.e., 5,000 s.f. minimum lot size) Density: Medium R-III (MF) a minimum of 10 units and a maximum of 16 Density: units wrkNSheveFis-QreateF per 40,000 s.f. area High Density: R-IV (MF) 24 units Hrkdsheue~is-greateF Per 40,000 s.f. area Ordinance 2967 SUBSECTION 3.2: Pursuant to Docket Item 6 and Ordinance 2939, R-III Minimum Density, Chapter IV, Land Use Element under description of "Residential Designations" shall be amended to read as follows: R-III -Medium Density Multi-Family: The R-III designation accommodates smaller scale multi-family structures (e.g., 5-12 dwellings per structure) at a minimum density of 10 unitsper 40 000 square feet and a maximum density of 16 units "~~° ~^T bedreerxs per 40,000 square feet of land area. Although multi-family development is encouraged in these areas, single-family residences continue to be an allowed use where the parcel and/or contiguous ownership is less than 12 000 square-feet in size SUBSECTION 3.3. Pursuant to Docket Item 6 and Ordinance 2939, R-III Minimum Density, Chapter IV, Land Use Element Table IV-I -Land Use Designations - Suggested Uses, Densities & Building Heights, Row 3 regarding R-III designation, shall be amended to read as follows: LAND USE LAND USE MINIMUM MAXIMUM BUIIDNG DESIGNATION ALLOWED DENSITY DENSITY OR HEIGHTS LOT (Feet) COVERAGE R-III Single-Family ^T°~-.lea ~^ '~~oz 35 Houses, 10 units per 16 Dwelling Duplexes, 40,000 sf Units Triplexes & where a parcel ~°", w:,,.z~ Fourplexes; and/or ~~ per Condos, contiguous 40,000 square Townhouses & parcels under feet Apartments single ownership are 12,000 square- feet in size or rg_eater R-IV Condos, ~ 15 Dwelling '""'ter 35 Townhouses & Units Per 24 units Apartments Ac-re40,000 ~°'~~ square feet heater per 40,000 square feet Ordinance 2967 SECTION 4 PORT TOWNSEND MUNICIPAL CODE, TITLE 17, ZONING SUBSECTION 4.1: Pursuant to Docket Item 6 and Ordinance 2939, R-III Minimum Density, Section 17.16.010 B(3)Purpose, PTMC shall be amended to read as follows: 3. R-III -Medium Density Multifamily. The R-III district accommodates smaller scale multifamily structures (e.g., five to 12 dwellings per structure) at a minimum density of 10 units and a maximum of up to i4~°~ns~l6 units; ~~'~~°''°°°° ~° °-°°'°~, per 40,000 square feet of land area. The intent of this district is to provide a broad range of housing opportunities; to provide a variety of housing types and styles; and to provide fox development with a density and configuration that facilitates effective and efficient transit service. Although multi-family development is encouraged in these areas, single-family residences continue to be an allowed use provided the minimum density requirement can be achieved.~`~ -~. This district includes areas along arterial and major collector streets with existing or planned transit service. 4. R-IV -High Density Multifamily. This district accommodates larger scale multifamily structures (e.g., 10 to 24 dwellings per structure) at a density of not less than ~edreerns I S units per 40,000 square feet of land area, or more than ~~~ ~° ^" '-,.a_°~-~-° °- 24 units, ~°'~~ gr°tiat~ per 40,000 square feet of land area. A minimum density has been specified for this district in order to discourage use of this land for subordinate, lower density development; single-family dwellings are not permitted in this district. This district includes areas designed to be compatible with adjoining uses; to provide for development with a density and configuration that facilitates effective and efficient transit service; and to enable provision of affordable housing. SUBSECTION 4.2: Pursuant to Docket Item 6, R-III Minimum Density, Row 4 of the Table in Section 17.16.030, Residential Zoning Districts- Bulk, Dimensional and Density Requirements of the PTMC shall be amended to read as follows: DISTRICT R-I R-II R-III R-IV MINIMUM 10 units where a 15 units AVERAGE _ _ parcel and/or HOUSING DENSITY contiguous (unitslbedreems parcels under per 40,000 square single ownership foot area) are 12,000 square-feet in size or ¢reater Ordinance 2967 MINIMUM LOT 10,000 sf 5,000 sf = 3,000 sf =single- - SIZE =single- single-family family detached; family detached and 10,000 sf= detached multi-family (1) In order to achieve the minimum density, subdivision of pazcels 12,000 square feet or greater shall not allow individual lots larger than 4 000 square-feet unless said lots are reserved for multi-family dwellings. SECTION 5 TRANSMITTAL TO DCTED The City Clerk shall transmit a copy of this Ordinance to the State Office of Community Development (OCD) within ten (10) days of adoption of this ordinance. SECTION 6 PREPARATION OF REVISED COMPREHENSIVE PLAN COPIES Copies of the Revised pages of the Port Townsend Comprehensive Plan, Port Townsend Municipal Code, incorporating the changes to the tables/figures and Land Use Map set forth in this ordinance shall be prepared by the City Clerk and available for public inspection within thirty (30) days of the adoption of this ordinance. SECTION 7 EFFECTIVE DATE This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. SECTION 8 SEVERABILITY In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; PROVIDED, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Read for the first time on February 4, 2008, and ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this nineteenth day of February, 2008. Michelle Sandoval, Mayor t: Approved as to Form: '~ Pamela Kolacy, MMC, City Clerk John P. Watts, City Attorney Transmitted to DCTED: , 2008 Ordinance 2967