HomeMy WebLinkAbout2982 Various PTMC AmendmentsOrdinance No. 2982
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE
PORT TOWNSEND MUNICIPAL CODE REVISING THE DEFINITION OF
RESIDENTIAL TREATMENT FACILITIES AND CREATING A NEW
DEFINITION FOR HOMELESS SHELTERS; CLARIFYING THE NUMBER OF
DETACHED DWELLING UNITS ALLLOWED IN THE R-I AND R-H ZONES;
REVISING THE MIXED USE ZONING DISTRICTS TO REQUIRE A MINIMUM
GROUND FLOOR CLEAR CEILING HEIGHT OF 12 FEET AND ALLOW A
REQUISITE INCREASE IN MAXIMUM BUILDING HEIGHT BY 5 FEET;
REVISING THE C-II, C-II(H) AND C-III COMMERCIAL ZONING DISTRICTS
TO REQUIRE A MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT OF
12 FEET AND ALLOW A REQUISITE INCREASE IN MAXIMUM BUILDING
HEIGHT BY 5 FEET OR AS SPECIFIED IN THE SPECIAL HEIGHT OVERLAY
DISTRICT; CLARIFYING HOW BONUS DENSITY IS CALCULATED FOR
PLANNED UNIT DEVELOPMENTS; CLARIFYING THE REQUIREMENTS
FOR LIGHTING IN MULTIFAMILY RESIDENTIAL DEVELOPMENTS;
REQUIRING SURVEYS DONE BY LICENSED SURVEYORS FOR LOT LINE
ADJUSTMENTS; REMOVING THE REQUIREMENT TO SHOW BUILDING
ENVELOPES ON FINAL SHORT PLAT MAPS; REMOVING THE
REQUIREMENT TO HAVE PERSONS OR CORPORATIONS WITH A
SECURITY INTEREST SIGN AND APPROVE THE FINAL SHORT PLAT;
REMOVING THE REQUIREMENT TO HAVE PERSONS OR CORPORATIONS
WITH A SECURITY INTEREST SIGN AND APPROVE THE FINAL PLAT;
REVISING AN INCORRECT WORD IN THE PRELIMINARY PLAT CHAPTER;
REMOVING THE REQUIREMENT TO SHOW BUILDING ENVELOPES ON
FINAL PLAT MAPS AND ADDING LANGUAGE FOR CERTIFICATION BY
THE COUNTY TREASURER; CREATING A NEW SECTION ADOPTING THE
OPTIONAL DNS PROCESS FOR THE STATE ENVIRONMENTAL
PROTECTION ACT; CLARIFYING MAXIMUM DENSITY FOR
DEVELOPMENT WITHIN CONFIItMED CRITICAL AREAS; CLARIFYING
THE REQUIREMENTS FOR GEOLOGICALLY HAZARDOUS SLOPES;
COORDINATING THE CRITICAL AREAS CODE AND THE SHORELINE
MASTER PROGRAM REGARDING RESIDENTIAL DEVELOPMENT AND
STEEP SLOPE BUFFER REDUCTIONS; AMENDING THE TYPE II PUBLIC
NOTICE REQUIREMENTS TO REQUIRE MAILING TO ADJACENT
PROPERTY OWNERS AND REQUIRE THAT A TITLE COMPANY PREPARE
THE LIST OF PROPERTY OWNERS; REMOVING ADDITIONAL STANDARDS
FOR PUBLIC NOTICE ON SHORELINE MASTER PROGRAM PERMITS;
CLARIFYING THE INFORMATION REQUIRED FOR APPLICATIONS
REGARDING SITE-SPECIFIC COMPREHENSNE PLAN AMENDMENT
APPLICATIONS; REVISING SHORT PLATS THAT INVOLVE VACATIONS TO
MAKE THEM TYPE III APPLICATIONS; INSERTING REFERENCES TO THE
SHORELINE MASTER PROGRAM WITHIN THE DEVELOPMENT PERMIT
APPLICATION FRAMEWORK; INSERTING REFERENCES TO SHORELINE
MASTER PROGRAM PERMITS TO THE PROJECT PERMIT APPLICATION
FRAMEWORK TABLES; REVISING THE SHORELINE MASTER PROGRAM
URBAN DESIGNATION DEVELOPMENT REGULATIONS TO REQUIltE A
MINIMUM GROUND FLOOR CLEAR CEILING HEIGHT OF 12 FEET AND
ALLOW A REQUISITE INCREASE IN MAXIMUM BUILDING HEIGHT BY
FNE FEET.
Page 7 Ordinance 2982
RECITAL:
The City Council ofthe City ofPort Townsend finds as follows:
1. Port Townsend is a community with a very special environment, both natural and man-
made and the qualities of both must be respected so that the uniqueness of Port Townsend
can flourish without inappropriate changes.
2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the
community on accommodating growth and redevelopment in a manner that respected the
natural and built environment and enhanced the community.
3. Title 17 (Zoning) of the Port Townsend Municipal Code was adopted to fully implement
the Comprehensive Plan.
4. Title 18 (Land Division) of the Port Townsend Municipal Code was adopted to fully
implement the Comprehensive Plan.
5. Title 19 (Environmental Protection) of the Port Townsend Municipal Code was adopted
to fully implement the Comprehensive Plan.
6. Title 20 (Administration of Land Development Regulations) was adopted to establish
administrative procedures to review proposed project applications consistent with the
requirements of the City's adopted Comprehensive Plan and development regulations.
7. The Shoreline Master Program Urban Designation Development Regulations were
adopted to fully implement the Comprehensive Plan and Shoreline Master Plan.
8. Certain standazds and requirements in Title 17, 18, 19, 2Q, and the Shoreline Master
Program have been identified as needing clarification.
9. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text
and maps of the Comprehensive Plan and Implementing Regulations. This ordinance has
been developed in conformance with the requirements for land use code text revisions set
forth in Section 20.04.090 PTMC.
10. The recently adopted Shoreline Master Program needs to be coordinated with the Port
Townsend Municipal Code.
11. Homeless shelters were found to be an existing use in the community and within the
public interest but were not incorporated into the zoning district use tables.
12. Type II applications were found to merit notice to adjacent property owners by mail
whereas publishing notice was needed in fewer cases.
Page 2 Ordinance 2982
13. The Optional DNS process is available to GMA cities with an integrated review process
(RCW 36.70B.060) and is within the public interest.
14. Requiring a minimum twelve-foot ground floor clear ceiling height and a requisite height
increase of five feet for C-II, C-II(H), C-III, C-I/MU, and C-IUMU zones makes a variety
of commercial uses more feasible.
15. The Planning Commission considered in several workshop sessions the need for revisions
to the requirements and standards associated Titles 17, 18, 19, 20, and the Shoreline
Master Program.
16. On November 8, 2007, after timely and effective public notice, the Planning Commission
conducted and open record public hearing to accept public testimony on the proposed
amendments to Titles 17, 18, 19, 20 and the Shoreline Master Progam. Following the
close of the public hearing, the Planning Commission reviewed the record, deliberated,
and by a vote of 7 in favor and 0 opposed recommended adoption of the proposed
amendments.
17. On August 4, 2008, after timely and effective notice, the City Council conducted an open
record public hearing to accept public testimony on the proposed amendments to Chapter
17.52 PTMC. At the close of public hearing, the Council deliberated upon the proposal.
18. The City Council finds that opportunities provided for meaningful citizen participation in
this amendment process are consistent with the requirements of the GMA (36.70A RCW)
and the procedures set forth in Chapter 20.04 PTMC.
19. The City Council finds that the amendments to Titles 17, 18, 19, and 20 PTMC
recommended herein have been reviewed under the State Environmental Policy Act
(Chapter 43.21 C RCW and chapter 197-11 WAC) and Chapter 19.04 PTMC. On October
24, 2007, the SEPA Responsible Official issued a Determination ofNon-Significance,
Adoption of Existing Environmental Documents and Notice of Availability of SEPA
Addendum. No comments were received during the public review period. A Final SEPA
Determination was issued on November 26, 2007.
20. The City Council finds that Code amendments set forth herein are wholly consistent with
the Community Direction Statement contained in Chapter III of the Plan, and the review
and amendment procedures set forth in Section 20.04 PTMC.
21. The City Council expressly fmds that site-specific criteria set forth in Section 20.04
PTMC are inapplicable to the text amendments recommended herein, and therefore need
not be applied.
22. All audio taped and written record of the Planning Commission and City Council's
deliberations during the meeting and hearings described in the above findings are
incorporated herein by this reference.
Page 3 Ordinance 2982
23. Consistent with the requirement of the GMA, Planning staff provided notice of intent to
adopt the proposed development regulation amendments to the State of Washington
Department of Community Trade and Economic Development (CTED) for review and
comment prior to the adoption of this ordinance (RCW 36.70A.106). No substantive
comments were received from DCTED prior to the adoption of this ordinance.
24. This ordinance has been prepazed in conformance with the goals and requirements of the
GMA (Chapter 36.70ARCW) and is externally consistent and compatible with the 14
state-wide planning goals contained with in the GMA (RCW 36.70A.020).
25. 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.
26. Based upon the foregoing findings, the Council finds that adoption of the amendments to
the narrative text and tables of Titles 17, 18. 19, 20 and the Shoreline Master Program
will promote the public health, safety and welfaze of the citizens of Port Townsend and
should be approved.
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record
before the Port Townsend Planning Commission and City Council, the City Council hereby
ordains as follows:
SECTION 1. Amend the Definition of Residential Treatment Facilities; modify the
Definition of Homeless Shelters and Incorporate them in to the Commercial Zoning
Districts. PTMC 17.08.060 is hereby amended, and shall read as follows:
"Emergency shelter" means a facility that provides housing for individuals and families in
the event of an declared emergency or an immediately hazardous situation as determined by
local. state or federal eovernments. Emereenc~Shelters organized by the American Red
Cross to provide disaster relief shall be permitted outright in all zoning districts.
"Residential treatment facility" means a facility that provides both a residence (for vazying
periods of time) and a care component. Among such facilities are emergency ef-lierneless
shelters (including_shelters for victims of dom~chc violence/cexual assaultl, recovery homes
and orphanages. Such facilities do not include halfway houses In such a facility, services,
equipment, and safety features necessary for the proper care of residents is normally
provided. Such services may include:
A. Supervision and assistance in dressing, bathing, and in the maintenance of good personal
hygiene;
B. r'.,._ ' ,....,._,.,..,,.:e.. ,... a...,..,..e.....,._,.~.:u..e.....,..,,,.u.. c _..e..:,.a~ ,.e,.,,o,.,m~ ~._>o.,...
... ~...~. b........ _,_ ~_....b .~_..Y.,._»~ ______.. _, __~~__~ _,._ Y___..._ __ ____
Ceunsekng legal advocacy and other sunnortive services for individuals who have fled
abusive relationships or have been sexually victimized•
C. Supervision in the taking of medication; and
D. Other services conducive to the residents' welfare.
Page 4 Ordinance 2982
PTMC 17.08.030 is hereby modified and shall read as follows:
uT3 rIt 1 1. 1 ~' F :7: t.. ti...a « .:.1,,., t,. , 1... .. F .- «.7:..:,7....1.. ,.
e
«D 'A «ti 1 t...,.. t.«e«t F..,.aa ~~
"Homeless Shelter" means a ff cilitv~oroerated by a public entity or nonprofit oreanization
roroerdin~transi nt sh _~or.food and_transient_shelter for a limited geriod._of t>me (i.eTan
indrvaslu_:tl_may_e~cugy the shelter for no mere than 29ssztzsecuhve. ealextdar days ox ~s
otherwise,slzeGa~ied m the_conditions.4f the pe17x1it) to in ividuals and/or familtes haying
neither a home nor means to obtain a home ther temroorarv lodeine Homeless shelters
shall meet anv_avnlcable state hcensin~ requirements.
Table 17.16.020
Residential Zoning Districts -Permitted, Conditional and Prohibited Uses
Key to table:
P =Permitted outright; C =Subject to a conditional use permit; X =Prohibited; NIA =Not
applicable
DISTRICT R-I R-II R-III R-IV APPLICABLE
REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Adult family homes (for 6 or fewer P P P P PTMC 17.16.030, Bulk,
adults) dimensional and density
requirements.
Emergency shelter (6 or fewer P P P P Same as above.
adults)
Emergencv shelters established P P P P This provision
y the American Red Cross
b recognizes the Red
_
a fime of public
during Cross' desired use of
.
emergency. various facilities
located in the
residential zonine
districts during a rime
of roublic emergency.
PTMC Table 17 20.020 Commercial Zoning_Districts -Bulk, Dimensional and Density
Requirements, is hereby amended, and shall read as follows:
DISTRICT C- C-II C-II C-III APPLICABLE REGULATIONS/NOTES
1 H
Homeless X ~ ~ ~ PTMC 17 20 030, Bulk, dimensional. and
SheltQrs density zequtxements,, The Director may
autltorize_a_waiyezo£the..basic_ errttit_fee.
Page 5 Ordinance 2982
SECTION 2. Clarify the Number of Detached Dwelling Units Allowed on One Lot in the R-
I and R-II Zoning Districts. PTMC Table 17.16.030 Residenfial Zoning Districts -Bulk,
Dimensional and Density Requirements, is hereby amended, and shall read as follows:
DISTRICT R-1 R-II R-III R-IV
MAXIMUM 4 dwelling units 8 dwelling units 16 units per 24 units per
HOUSING (Multiple {Multiple 40,000 sf of lot 40,000 sf of lot
DENSITY dv~ll]ngunitson d~elling~nts_Qn azea area
(unitsfHedreems a single latmust a_smgle 14t must
per 40,000 square be contained be contained
foot area) withiau-single within asiu le
struchare, except: structuzes except;
apennitted a.permitted
ac~essoy a~ssory
dwelling unit dwellingunit
(ADU1 maybe (ADU~mayhe
established in a established.iaa
separate buildurQ seaarate building
if allowed by if allowed by
LZl6.024 17 16 020
PTM~1 PTMC
(10,000 sf of lot (5,000 sf of lot
area er unit azea er unit
SECTION 3. Revise the Mixed Use Zoning Districts to Require a Minimum Ground Floor
Clear Ceilin¢ Height of Twelve Feet and Allow a Requisite Increase in Maximum Building
Hei t by Five Feet. PTMC Table 17.18.030, Mixed Use Zoning Districts -Bulk,
Dimensional and Density Requirements is hereby amended to read:
DISTRICT C-UMU C-IUMU
MAXIMUM 35' 40 feet and as specified by PTMC 4~'- 50 feet except: (a)
BUILDING HEIGHT 17.46.080 2 stories, up to 33-,44
feet within 100' of an
_. -
abutting R-I or R- II
district; or (b) 3§'- 40
feel if the development
has no residential use
component and as
specified by PTMC
17.46.080
MINIMUM GROUND -IO- 12 feel
___ ~9' 12 feet
FLOOR CLEAR
CEILING HEIGHT
SECTION 4. Revise the C-II, C-II(Hl and C-III Commercial Zoning Districts to Re uire a
Minimum Ground Floor Clear Ceiling HeiQ.ht of Twelve Feet and Allow a Requisite Increase
Page 6 Ordinance 2982
in Maximum Building Hei it by Five Feet. PTMC Table 17.20.020 -Bulk, Dimensional and
Density Requirements is hereby amended, and shall read as follows:
DISTRICT C-I C-II C-II C-III
MAXIMiJM 35' and as 3~ 40. feet 33' 40_feel_£ 50' or as specified
BUILDING specified by if 2 or structure. is 2 ar by Ch. 17.28 PTMC
HEIGHT PTMC more m2r~ stories
17.46.080 sLozie~ and
......_____. and as
as specified by
specified PTMC
by PTMC 17.46.080
17.46.080
MINIMUM None 12 fe~tf 12-feet-if 12 feet,if
GROUND structure structure_is 2 or structure is_2.or
EL44A is 2 or more stories more sores
CEILING more
HEiGITT stories
SECTION 5. Clarify how Bonus Density is Calculated for Planned Unit Developments.
Section 17.32.070.C PTMC is hereby amended, and shall read as follows:
C. Maximum Bonus Density. The maximum bonus density allowed is limited to an
additiona120 percent over the density allowed in the underlying zone. In zones where
a bonus density maybe allowed, either the bonus density allowance in these PUD
provisions or that allowed in the zone may be utilized in the PUD, but not both. In_
instances where calculation of the~Qpercent bonus density would result in a
fr~i4na1 dwelling umt anv_fraction less than one-half shall be disreeazded_and
__
fr~ctzons of,one half or greaT~r_shall allow one additronal_dwel]zng unit to be
c4ns_idered, Based upon attributes of a proposal and the characteristics of the
development site, the city may determine that a bonus density of less than 20 percent
is appropriate. In addition to criteria provided in this section, the density shall be
compatible with the site's natural constraints and the character and density of the
surrounding azea. Compatibility for bonus density shall also be determined by
proximity of the site to arterials, transit service, employment and shopping azeas and
planned amenities.
SECTION 6. Clarify the requirements for li tine in Multifamily Residential Developments.
Section 17.36.070.A PTMC is hereby amended, and shall read as follows:
A. Requirement. Provide adequate lighting, screening, and pedestrian access to
supporting facilities such as tot lots, mailboxes, bus stops, and dumpsters. If
otherwise required as a condition of project approval, locate passenger shelters in
well lit areas with access to the multifamily walkway network. Provide for shielding
and directing of lighting to minimize impacts upon residents and abutting property
owners. Lighting shall meet the xegtlire_ment~_o_f iZ44,_l &4_PTMC, with the
exception of items #5 an~~
Page 7 Ordinance 2982
SECTION 7. Require Survevs Done by Licensed Survevors for Lot Line Adjustments.
PTMC Section 18.08.030.D is hereby amended, and shall read as follows:
D. For proposals including complex drawings or property descriptions, including but
not limited to proposed lot reorientations, ~ the drawing shall,
be done by a licensed surveyor_unless..atheztiyise wa_ive~ by the dirgctoc;
PTMC Section 18.08.070.A is hereby amended, and shall read as follows:
A. Upon approval of the application, the director shall notify the applicant. The
applicant shall then record with the Jefferson County auditor the certificate or
document issued by the director indicating approval of the lot line adjustment,
together with the legal document(s) transfemng title, any applicable restrictive
covenants, and the survey, ~ i#'.il has not yet been recorded. The
drawing shall be done by a licensed surveyor unless otherwise waived by the director
SECTION 8. Remove the Requirement to Show Building Envelopes on Final Short Plat
Mans• PTMC Section 18.12.110 is hereby amended, and shall read as follows:
The applicant must submit a reproducible copy, plus three paper copies of the
proposed final short plat to the director. The reproducible copy of the approved
final short plat will contain the elements as described in PTMC 18.12.050 .lvith
the exce to ion ofsub-section (D17. and shall include certifications and other
requirements as provided in PTMC 18.16.120 for full plats.
SECTION 9. Remove the Requirement to have Persons or Corporations with a Security
Interest Sien and Approve the Final Short Plat. PTMC Section 18.12.120.B is hereby
amended, and shall read as follows:
B. The final plat shall be accompanied by a current (within 30 days) title company
certification of:
1. The legal description of the total parcel sought to be subdivided;
2. Those individuals or corporations holding an ownership interest end-arty
w~•~'a~ c°' ~°••°'• °° a°°a° °°'~•°' ° •-•°~'°°•-°°` .,r any other encumbrances
affecfing the title of said pazcel. Such individuals or corporations shall sign and
approve the final plat prior to final approval;
SECTION 10. Remove the Requirement to have Persons or Corporations with a Security
Interest Sitm and Approve the Final Plat. PTMC Section 18.16.130.C is hereby amended,
and shall read as follows:
C. The final plat shall be accompanied by a current (within 30 days) title company
certification of:
1. The legal description of the total pazcel sought to be subdivided;
2. Those individuals or corporations holding an ownership interest ate-arty
or any other encumbrances
Page 8 Ordinance 2982
affecting the title of said parcel. Such individuals or corporations shall sign and
approve the final plat prior to final approval;
SECTION 11. Revise an Incorrect Word in the Preliminarv Plat Chapter. PTMC
Section 18.16.040.D is hereby amended, and shall read as follows:
D. The area of each proposed lot or parcel depicted on the shert-roreliminarv plat
map shall accurately show that each lot or pazcel contains sufficient area to satisfy
minimum zoning and health requirements. The area of land contained in access
easements, access panhandles or pipe-stem configurations shall not be included in
the lot size computations.
SECTION 12. Remove the Requirement to Show Buildine Envelopes on Final Plat
Maps and Add Laneuage for Certification by the County Treasurer. PTMC Section
18.16.120.C is hereby amended, and shall read as follows:
C. A final plat shall contain the following information:
1. The name of the subdivision;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;
4. The lot line of the plat, referenced to city (USC&GS) datum and based on an accwate
traverse, with angular and lineaz dimensions and bearings;
5. The exact location, width and name of all streets, alleys and other public ways within
and adjacent to the subdivision;
6. The exact location, width and purpose of all easements and dedications forrights-of-
way provided for public and private services and utilities;
7. True courses and distances to the neazest established street lines, or sections or quarter
section comer monuments which shall accurately locate the subdivision;
8. Section lines accurately tied to the lines of the plat by distances and courses;
9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths
of feet;
10. All house address numbers as assigned by the city;
t 1 n 1'«....ti..« ,.C •l.e 1.,.:1.7:«,~ ,......el..«o ..f o....l. l,.s.
1-21_l. The radii, internal angles, points of curvature, tangent bearings and lengths of all
azcs;
13 12 . The accurate location of each permanent control monument;
3-4..1,3... All plat meander lines or reference lines along bodies of water shall be established
as above, but not farther than 20 feet from the high water line of such body;
I-5 14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved
for public use, with the purposes of such dedication or reservation and any limitations
indicated thereon and in the dedication;
1b..1~. Accurate outlines of any area to be reserved by deed covenant for common use of
owners of property within the subdivision, together with the purposes of such reservation;
~~. Any restrictions or conditions on the lots or tracts within the subdivision, as
required by the city or at the discretion of the property owner, including but not limited to
environmentally sensitive areas buffers;
Page 9 Ordinance 2982
~8 17. The auditor's file number of all documents and conveyances recorded with the
Jefferson County auditor associated with preliminary or final plat approval;
I-9 18. The name and seal of the Washington State licensed land surveyor or Washington
State licensed engineer responsible for preparation of the final plat, and a signed
certification on the plat by said surveyor to the effect that it is a true and correct
representation of the land actually surveyed by him or her, that the existing monuments
shown thereon exist as located and that all dimensional and geodetic details are correct;
29 19. A signed, notarized certification stating that the subdivision has been made with
the free consent and in accordance with the desires of the all persons with ownership
and/or security interests in the property. If the plat includes a dedication, the certificate or
a separate written instrument shall contain the dedication of all streets and other areas to
the public, any individual or individuals, religious society or societies, or to any
corporation, public or private, as shown on the plat. Such certificate or instrument shall
be signed and acknowledged before a notary public by all parties having any interest in
the land subdivided. The owner shall waive all claims against the city, on behalf of the
owner and the owner's successors and assigns, which maybe occasioned by the
establishment and/or construction of any streets, roads, storm drainage improvements or
other improvements;
2-1- 20. An offer of dedication may include a waiver of right of direct access to any street
from any property. Such waiver may be required by the public works director as a
condition of approval. Any dedication, donation or grant as shown on the face of the plat
shall be considered as a quit claim deed to the said donee or grantee for use for the
purpose intended by the donation or grant;
~ 21. Signature blocks for the appropriate certifications of the ~'; '-°_~~_°-city finance
director; public works director, and director of DSD, as follows:
FINANCE DIRECTOR'S CERTIFICATE
I hereby certify that there are no delinquent special assessments for which the property
subject to this subdivision maybe liable to the city, and that all special assessments on
any property herein contained dedicated as streets, alleys, or for any other public use,
have been duly paid, satisfied or discharged, this day of , 20_
I_ IPort Townsend Finance Director
PUBLIC WORKS DIRECTOR'S -CERTIFICATE
I hereby certify to the best of my knowledge that this final plat is in compliance with the
certificate of improvements issued pursuant to the Port Townsend Municipal Code and is
consistent with all applicable city improvement standards and requirements in force on
the date of preliminary plat approval, this day of , 20
Port Townsend Public Works Director
DEVELOPMENT SERVICES~DEPARTMENT DIRECTOR'S~CERTIFICATE
I hereby certify that on this day of , 20 ,that this final plat is in
substantial conformance with the preliminary plat and any conditions attached thereto,
which preliminary plat was approved by the City of Port Townsend on the day of
20_
Port Townsend Development
Services ^ Department Director
23 22. A form of the approval of the County assessor, as follows:
ASSESSOR'S APPROVAL
Page 10 Ordinance 2982
Examined and approved this -day of , 20
^Jefferson County Assessor
Attest:
^Deputy Jefferson County Assessor
24.23. A form for the certificate of the Jefferson County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of the City of Port Townsend this day of
20 , at minutes past _ M., and recorded in Volume of Plats,
page Records of Jefferson County, Washington.
Jefferson County Recording Number^
^ Manager
^ Superintendent of Records
24 A form for thggertlficate_ofthe Jefferson ~ounty.Tre~surer,_as_follows.
__-I,_Icurrent_Co.~nt~Treasurer's.nazane)..Txeasurec.of,Tefferssn_CQrtn_tx Was_hn~tQn,
her~gltifv that all taxes due an~._9r_dC~~ll~i~q-uired to cover anticipated taxes on the
nroperty_embraced in this subdivision have been paid up_to ansi mEradin~nsert the curr~rtt
J!ertr.
Jefferson_GotuityTreasurer___,__ ___ __ Date
25. Any additional pertinent information as required at the discretion of the public works
director or the DSD director.
SECTION 13. Create a New Section Adoptin tg he Optional DNS Process for the State
Environmental Protection Act. Section 19.04.120 is hereby created, and shall read as
follows:
19.04.120
rational DNS process.
A If the City is the lead aeencv for a proposal and has a reasonable basis for determinine
thatsignifcant adversecn_v_ironmental impacts__a_re unhkel~, the responsible official mav_elect
t9 use th~_sttagle:into~ated_comment__Renod a~_.s.~t forth in thr~ section and In WAC_..19~ ._l_l~.
~~5~ The single comment period will integrate the SE>?A comrnent t2eriod 1v~She 14-
calendar-da comment_neriod on the notice of the nnderlvine annlication If this nroc~ssis
used a sccon EP- comment period will tonically not be required when the DNS- of MIaI`~S
is issued,. The DNS._or MDN.S shall do~tgnate the apphcab>e appeal pertod Any notice of
an>?lieation or environmental threshold determination shall sraecifv The fanal day and time for
submittal of comments andlor anneals
B If the_lead agency uses tho~pti~nal nrooess._spec~fied_above in subsection A the
- ..
respons~l~ _t?f_fa~al shall
1 _~tateQn_the_first_page_of the notice~f an>zlxcaton_that it exgects_to.~.ssue.a..I2N..S_ar
MDNS for the proposal. an that:
q 1'h~o~onal DN3LN~DNSznrocess_s_bein~ used
b.._:-This may be the only opportunity to comment _on the environmental impacts of
the proposes
Page 11 Ordinance 2981
c,_.:_ The_prgposal may_anclude _mingation.measures_under agphcable__cades, an~_the
project review process naay inGOrporate_or require mttzgaton measures regardlessof
whether an EIS is prepared: and
d A copy_of the subsequent hreshold determination, for the specf c.~oposal st_ati-n~
tlae tlrne period for ~1ing an appeal maybe obtained upon request (in addition, the
city tnav_mamtain a ~eReral_mailmQ list for threshold dcteamunation_dstnTiuto
2 List in the nQiice of annlicatiotithe conditions beine considered to miti
- --
env_ironmental_mnaFts if an MDI`I~ t ~pgcte~
3 Comply with The requuement~for a notice of apElcation and public notice tta.20.Q_.l.
PTMC:_and
4. Send the notice of applieation_and environmental checklist to;
1. Agencies_with jurisdiction the Department of Ecology affected tubes, and each
local agency or political subdivtslan whose pubhF sernces would be changed_as_ a
result of implemerttati4n4f the proposal and
2 Anvonexeauestine a copy ofthe environmental checklist for the specific proposal
(in addition. the Ctv_m~v maintam_a general mailin ist_for.checkhst_drstnbutionl..
C.__If.tlae_]easl..anency indicates on..the_notice ~ application that_a I2NS or.MPN~~_likely an
aeencYwiill jurisdiction ~av assume lead a¢encv status dunne the comment period on the
notice of application in accordanc~~th WAC 197-11-948.
D The responsible official shall consider tim~ly_ comm~nis~n the notice of .app..ljeati9n_a_nd
ite her:
1 Issue a DNS or MDN3 w~h_no_comment penod~_using the procedures m subsectQn~
of thts_ section-,
2 issue a DNS or MANS with_a_commenipenod usjn~theprQCedures..in.1.9.44.22Q_ansl
20 Ol PTMC if theTead aeencv determines a commel~tp~ri his nes~essa_rX:
~, Issue a declaration of significance >;DS~ requiring the preparation of an environmental
im~aGt Statement; ox
4 Require additional_nformatian or studies prior to making a tluesiiold determination,
E, If a DNS~r~MDNS is_i~~u_ed und~ubsection D1 above the lead a~ency_shall_send_a
copy of..the DNS or,MD~~to..the D~artment_of Eeol~gy~agencies_withlurisdtction=thQ~~
who eQmrrtented.and annyone else reauestin~ a copy A copy of the epyironnienlal_ch~ckli~t
need not be recirculated.
SECTION 14. Clarif~Maximum Density for Development within Confirmed Critical
Areas. PTMC Section 19.05.060.D.1.a is hereby amended, and shall read as follows:
D. The performance standards below apply to any development and to all short plats,
subdivisions and lot line revisions proposed for sites wholly or partially within
confirmed critical areas or their buffers in Port Townsend. These standards aze
general development practices to minimize problems related to water quality,
stonnwater and erosion control, and the placement and construction of development
in the city's critical areas. In addition to the following general performance standards,
if a site contains a critical area or its buffer, such as a steep slope or a wetland, the
Page 12 Ordinance 2982
applicable set(s) of regulations outlined in the following sections of this chapter shall
also apply.
1. Maximum Density.
a. For the purpose of this chapter, maximum density in confirmed critical
areas Qr ther_assoclated._buffers_shall be one dwelling unit per each 10,000
square feet of site area, with the exception of those lots sites containing
only aquifer recharge areas, frequently flooded areas or seismic hazard
areas. The maximum density for sites containing only aquifer recharge
areas, frequently flooded areas or seismic hazard areas shall be as
specified in the zoning ordinance. Areas waterwa_~Qf411e Q~_biigla
Water Mark and areas- of marine. bluffs, steer sloe, an~~vetlands shall
not be mcludesl to calculate allowable density Forexaanpl9~anly ttap
buldable_area landward._of the manne bluff edg_e_shall be_used..in.tlze
calculation.
PTMC Section 19.05.060.D.4.4 is hereby amended, and shall read as follows:
4. Site Coverage -Impervious Surface Limits for Lots.
a. The maximum total percentage of a lot area that can be covered by
impervious surfaces (including parking areas) is limited by the slope of the lot
for all detached sin le-famil developments as follows:
Lot Slope Lot Coverage
Less than 15% 30%
15 - 30% 25%
Greater than 30% 20%
Areas waterwazd of th_e Ordinary Hieh Water Mark and areas of marine bluff
steep slopes and wetlands shall not be included to calculate land area __ For
- - _
example only the buildable area landward of the manne bluff edge shall be used
in_the._caleulation. _
SECTION 15. Clarify the Requirements for Geolo ig'cally Hazardous Slopes. PTMC
Section 19.OS.100.B.5 is hereby amended to read as follows:
5. Any slope of 40 percent or steeper that exceeds a vertical heielrt often feet;
PTMC Section 19.OS.100D(2)(f) is hereby amended, and shall read as follows:
f. Additional standards for eeoloeically hazardous sloes as defined in 19 OS 100 B marine
..,
.w... ,] .rt:,.,.1 1.0:..1.1 ..F 1 !1 F et
ciaacccEvc~a~"c. ~xa:m--iic~~zcvr vz~ ~
i. All proposed development on xeologicall~!_hazardQUs-slopes and .marine bluffs and
slopes greater than 40 percent that exceed a vertical height of 10 feet and their
required buffers shall be prohibited, except as-ma}~be if allowed under PTMC
19.05.040(C) and (D), " or for minor development to provide public access
Page I3 Ordinance 2982
(e.g., public trails, stairs or view points); provided, that impacts are mitigated and the
development can be shown to be safe.
ii. A eeotechnical report shall be reauired for all rororoosed development occu~rrin
within the"marine bluff rt~an~gement zone
___~.>,• cn r r t, . r,. ~.t..rr4t,..« ,. ,....t.... ,,...«;,.,.t ~.,,:,.t.. c t n c a.
er-a €-180-feet-frerrrthe
er , , uire lreparation o€a
mt,' t. tt t. n t. F a t, << t.t ~'
ge6ttE"eliiil@81'-rP.136rF -z-xi.~--~.rc~a-:murr~.er~n-.u. ~cr-r~c. r~-[crcco--[crtx~xac--iiiuiai.~ yr
iii. All proposed development occurring within 50 feet of the top of an inland
geologically hazazdous slope- (including but not lmtted _to an inland bank of greater
than 40 percent that exceeds a vertical height of at least 10 feet). shall require
preparation of a geotechnical report. This area shall hereinafter be referred to as the
"inland bank management zone."
PTMC Section 19.OS.100.F is hereby amended, and shall read as follows:
F. Special Reports. Forsteep-g~ologiq~lly hazardous=slopes, erosion hazard areas,
and landslide hazard areas, a geotechnical report shall be required to review
potential hazazds and propose measures to mitigate such hazards consistent with
the requirements of this chapter.
SECTION 16. Coordinate the Critical Areas Code and the Shoreline Master Program
ReQazdingResidential Development and Steep Slope Buffer Reductions. PTMC Section
19.OS.100E(3) is hereby amended, and shall read as follows:
3. For existing platted lots, a steep slope buffer less than that required for new
subdivisions under subsection (E)(2) of this section may be permitted when
necessary to allow development of asingle-family residence; provided, that the
geotechnical report concludes that doing so would not result in an increased risk
to people or property or impacts to environmental processes. Additionally, for
proposals within the shoreline jurisdiction °'-~a~I-ache=~t~'a'~.c C1alatiens
. In no case shall the reduced buffer width
_ --
be-less than. a distance eAual to_ the sum_of the bluff erosron rate aver _at least 7
wears plus_2,4-feet froth the crest, or ten-feel from the_sdes_artd the toe of_a marine
bluff (DR 6 8 1 of the Shoreline Master Proerar~
SECTION 17. Add Mailine to Adjacent Property Owners to the Type II Public Notice
Requirements. Modify When Publishin ie s Required for Type II Permits. and Require
that a Title Company Prepaze the List of Property Owners AND Add References to the
Page 14 Ordinance 2982
Shoreline Master Program within the Development Permit Application Framework.
PTMC Section 20.O1.100.C AND lnsert references to Shoreline Master Prog~nermits
to the Project Permit Application Framework Tables. PTMC Section 20.01.040.
PTMC Section 20.01.030 is hereby amended, and shall read as follows:
A. Determinafion by Director. The director of the development services department
("DSD") or his/her designee (hereinafter the "director") shall determine the
proper procedure for all development applications. If there is a question as to the
appropriate type of procedure, the director shall resolve it in favor of the higher
procedure type number. 1£1he.pxQvisrQn~_fQUnd rn.this_Chatzl~x. ue in..~Qnflict
with anv other section of the land use codes 1Titles 17 18 19 20) t this
section shall prevail
PTMC Section 20.01.040 is hereby amended, and shall read as follows:
Table 1 -Permits/Decisions
T el' T el-A T ell T elll T eIV T eV
Permitted Binding site Short Preliminary full Final plats Site-specific
uses not plans subdivisions subdivisions; rezones2
requiring plat vacations consistent
notice of and alterations with the Port
application Townsend
(e.g., building R-III cottage R-II cottage R-I/major CUP Comprehensi
permits, etc.) housing housing cottage ve Plan,
developmen development housing including
ts3 s3 developments3 rezones
considered in
conjunction
with the
annual
Comprehensi
ve plan
amendment
process
Lot line C-II and Lot line Recognition/su Final Development
adjustments mixed use adjustments bdivision of 10 planned regulations
zoning resulting in or more lots of unit
district lot record developm
design reorientation ents
review (PUDs)
decisions
Page IS Ordinance 2982
Minor Historic Plat and Shoreline Zoning text
amendments preservation short plat management amendments
to planned certificates extensions permits (major and zoning
unit of approval shoreline map
development (design substantial amendments
s (PUDs) review) development
permits,
conditionaLus~
permits,
variances)
Minor Multiple- Revisions to PUDs and Annexations
modifications family shoreline major
to approved developmen management amendments to
preliminary t permits3 permits PUDs
short and full
subdivisions/
plats
Sign permits Recognition/ ~„v;,•o~;,,,e.;t Major Shoreline
certification ^'a.:TSe~~.t:ve variances master
of 9 orfewer ° ^u~~a(~SA~ program
lots of Critical areas (SMP)
record permits amendments
Temporary Minor Major CUPs Other land
uses variances use and
utility plans
Street use Minor and
permits conditional amendments
use permits
(CUPs)
Land Tree All personal All personal
clearing/gradi removal wireless wireless
ng activity facility service facility
combined permits and permits and
with minor major
statement of variances variances
intent not to described as described as
convert Type II permit Type III permit
commercial applications applications in
forest lands, in Chapter Chapter 1778
Chapter 17.78 PTMC PTMC
19.06
PTMC,
Article II
Page 16 Ordinance 2982
Home Tree Tree removal
occupations removal activity
activity classified as
requiring a a tree
written conservation
exemption, permit
Chapter approval,
19_06 Chapter
PTMC, Tree 19_06 PTMC,
Conservatio Article II
n, Article II
Shoreline Minor
exemptions modification
s to
Street approved Minor
development tree shoreline
permits conservation permits (minor
permits or shoreline
tree substantial
conservation development
plans, germts,rnino
Chapter conditional use
19.06 permits, minor
PTMC, Tree variances]
Conservatio
n
Assignment of a project to Type I and I-A status shall not limit or restrict the public notice and
procedures available pursuant to Chapter 43.21C RCW (SEPA) and Chap[er 19_04 PTMC if a project
is deemed to be subject to SEPA review.
z Pursuant 1o regulatory reform-{RCW 36.70$.Q40~ S-.site-specific rezones aulharzed bya
eomprehensiveplan gr_subareaglari: but ex~lnding the adoption or amendment of aCatngrehe
Blair
_- -_ _: ~ _.. processed as a Type V_apgliaatran svirtha
notice of application_andpravided anly_on~apenreegrd hearing befare.theplanrlang. comuiissinnand
aue dosed record haarin>; before the citX council. Certain legislative decisions includizre sit~suecific
rezones, are subject torules govemingguastiudicial.:proceedings,,
}
Table 2 - Action T e
Procedure Pro'ect Permit lications T e 1- IV Le islative
Type I Type I-A Type II Type III Type
IV Type V
Notice of
application: No No<s Yes° Yes No N/A
Page 17 Ordinance 2982
Recommendation N/A N/A N/A DSD N/A Planning
made by: directorLSk~orelne commission,
Adu~inisiratorb except for utility
plans'
Final decision Admin. DSD DSD director Hearing City City council
made by: director [~h9xeliaxe examiner council
6
E~StII11T1.1StC~t47_
Open record No Only if Only if Yes, before No Yes, before
public hearing: director's director's hearing planning
decision decision is examiner commission to
is appealed¢ make
appealed recommendation
(by to city council,
applicant except for utility
only) plans, and
before city
council for code
and
comprehensive
plan revisionsz.3
Administrative No Yes, Yes, open Yes, closed N/A N/A
appeal: open record before record before
record the hearing city council
before examiner
the
hearing
examiner
Judicial appeal: Yes Yes Yes- Yes- Yes Yes; provided,
that all
administrative
appeal remedies
have been
exhausted,
including
appeals to the
Shoreline
Hearings Board,
Growth
Management
Hearings Board,
etc.
Footnote 1: Type V land use plans are subject to review and recommendation by the
planning commission. However, the following utility plans may be reviewed or considered by
the planning commission only upon referral by the city council to the planning commission of
all or part of the plans: wastewater (sewer) plans, stormwater plans, water system plans,
and solid waste plans. The city council shall conduct review and hold one or more open
Page I S Ordinance 2982
record public hearing(s) on all such plans. At the time of consideration by the full city
council, the public works committee may make a recommendation to the city council
regarding utility plans.
Footnote 2: The planning commission shall not hold public hearings regarding the utility
plans described herein, unless the city council refers all or part of the plans to the planning
commission. The city council shall hold one or more open record public hearing(s) on all
such plans.
Footnote 3: Purstaant.tore~ulatory,refarm~RCN_._~6~ZQ~ 4szQ1~ _s_ite-specific rezones
;- « ~ -~ T ^d C.^^;^^•^~°^°~~•^ D1.... are rocessed as a T e V
seasistent-wit ,~Y•..,,•.,, •. p YP
application with a notice of application and provided only one open record hearing before
the planning commission and one closed record hearing before the city council. Certain
legislative decisions, including site-specific rezones, are subject to rules governing quasi-
judicial proceedings.
Footnote 4: Applications for multifamily design review for 5 - 9 dwelling units and all cottage
housing developments
PTMC Section 20.01.100 is hereby amended, and shall read as follows:
A. Applications for project permits shall be submitted upon forms provided by the
director. The applicant is encouraged to schedule a presubmittal conference with the
director prior to submittal of the application.
B. An application shall consist of all materials required by the applicable
development regulations, and shall include the following general information:
1. A completed project permit application form, including SEPA checklist submitted
pursuant to PTMC 19.04.100;
2. A verified statement by the applicant that the property affected by the application is
in the exclusive ownership of the applicant, or that the applicant has submitted the
application with the written consent of all owners of the affected property. A
photocopy of the property deed shall be provided;
3. A property and/or legal description of the site for all applications, as required by
the applicable development regulations;
4. The applicable fee;
5. A site plan, showing the location of all proposed lots and points of access and
identifying all easements, deeds, restrictions, or other encumbrances restricting the
use of the property, if applicable;
6. Assessor's maps and a list _pre~ared by a lcens~title_cornpaaay, of tax parcels and
their owners, with said owners' names and addresses placed on labels suitable for
mailing in a sufficient number for the type of application for all properties within 300
Page 19 Ordinance 2982
feet of the property and properties to which public notice must be sent as provided in
deeisien 20 Ol 150 and 20 Ol 160 PTMC (notice of a 1' ft~u~; _The directot~la~ll
issue a sworn certificate affirming mailing of notice_to X11 persons en_ i 1 t4 siQt9
under thts chapter The directox may prQVrde notice to atkaer.persons_than those
required to receive nonce under thi~,chapter;
7. Any supplemental information or special studies identified by the director or
project administrator.
C. In addition to the requirements set forth in subsection A of this section, complete
application requirements for the following land use permits are set forth in the
following sections of the Port Townsend Municipal Code:
L Clearing and grading permits, see International Building Code adopted by PTMC
16.04.010;
2. Building permits, see Chapter 16.04 PTMC;
3. Binding site plans, see Chapter 18.20 PTMC;
4. Lot line adjustments, see Chapter 18.08 PTMC;
5. Preliminary plat, see Chapters 18.12 (Short Subdivisions) and 18.16 (Full
Subdivisions) and PTMC 18.20.020;
6. Subdivisions and recognition of lots of record, see Chapter 18.18 PTMC;
7. Planned unit developments (PUDs), see Chapter 17_32 PTMC;
8. Crti.cal.areas '~, see Chapter 19.05 PTMC;
9. Street development permits, see Chapter 12.04 PTMC;
10. Utility development permits, see Chapter 13.01 PTMC;
1 L Multifamily residential development permits, see Chapter 17.36 PTMC;
12. Mixed use development permits, see Chapter 17_40 PTMC;
13. Home occupations, see Chapter 17_56 PTMC;
14. Temporary use permits, see Chapter 17_60 PTMC;
15. Sign permits, see Chapter 17_76 PTMC;
16. Wireless telecommunications standards, see Chapter 17.78 PTMC;
17. Conditional uses, see Chapter 17.84 PTMC;
18. Variances, see Chapter 17_86 PTMC;
19. Tree conservation permits and plans, see Chapter 19_06 PTMC.
20. Shoreline P~rmiee t hater 10City of Port Townsend Shoreline Master
Protu'am end WAS 17.3-27,
D. The director may waive specific submittal requirements determined to be
unnecessary for review of an application. In such event, the director shall
document the waiver in the project file or project log. (Ord. 2867 § 2, 2004; Ord.
2837 § 2(Exh. B § 15), 2003; Ord. 2762 § 1, 2001; Ord. 2592 § 4, 1997; Ord.
2521 § 1, 1996).
PTMC Section 20.01.150 is hereby amended, and shall read as follows:
A. Time of Issuance. Within 14 calendar days of issuing the determination of
completeness, DSD shall issue a notice of application on t~ fohngtypes of
apphqutions_;.
Page 20 Ordinance 2982
Type IApeztnk=applications fqx m~ltifamtly_design zgvtew fQr. five to
nine.dwelling_untts R-III cottage hou~z~g..dtryelonment
ii, Aprolications requirin~PA review
iii. Aall Type II and Type III project permit applications.
If an open record predecision public hearing is required or requested, the notice of
application shall be issued at least 30 calendar days prior to the hearing.
E ~. SEPA Exempt Projects. With the exception of subsection ~ of this section, a
notice of application shall not be required for project permits that are categorically
exempt under SEPA, unless a public comment period or an open record predecision
hearing is required. A notice of application shall be required for Type II projects,
regardless of whether such projects are exempt from SEPA review.
13 C. Posted and Mailed The notice of application shall be posted on the subject
property
' and mailed to_~.d]a9ent_groperty
- --
o~'ngr~wth.in.3 Q4_feet.
D Pu lish~ In addition to roostine and mailine the notice of ronlication for the
followin,~permit tunes shall be published once m a newspaper,.of general
ctzculation (3hgzelzne master progrram (SMPj_~eztxtits~=permits requirtn~SEPt___1
review Tvvne II cgtta~e hQU~sn~ developments and short subdivision pertrtiYs and
all Tune III it The notice of application shall be issued prior to and is not a
substitute for the required notice of a public hearing.
E-F. Contents. The notice of application shall include:
1. The name of the applicant;
2. The date of application, the date of the determination of completeness for the
application and the date of the notice of application;
3. The street address location of the project or, if unavailable, the location in
reference to roadway intersections;
4. A description of the proposed project action includine a listine of anv requested
deroartures and a list of the project permits included in the application and, if
applicable, a list of any studies requested under PTMC 20.01.110;
5. The identification of other permits required by other agencies with jurisdiction not
included in the application, to the extent known by the city;
6. The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing notice of application,
the location where the application and any studies can be reviewed;
7. The name of the city staff contact and telephone number;
8. A statement of the limits of the public comment period, which shall be 20 calendaz
days following the date of notice of application (or 30 calendar days if the applicafion
involves a shoreline master program permit), and statements of the right of any
person to comment on the application, receive notice of and participate in any
hearings, request copy of the decision once made, and any appeal rights;
9. The date, time, place and type of hearing or design review meeting, if applicable,
and scheduled prior of issuance of the notice of application;
Page 21 Ordinance 2982
10. A statement of the preliminary determination of consistency with applicable
development regulations and the Port Townsend Comprehensive Plan, if one has been
made at the time of notice, and of those development regulations that will be used for
project mitigation and determination of consistency as provided in RCW 36.70B.040
and PTMC 20.01.140;
11. Any other information determined appropriate by the city, such as the city's
pending SEPA threshold determination or a statement advising that a final
environmental determination shall be made following a comment period;
12. If a local government has made a determination of significance under Chapter
43.21 C RCW concurrently with the notice of application, the notice of application
shall be combined with the determination of significance and scoping notice. Nothing
in this section prevents a determination of significance and scoping notice from being
issued prior to the notice of application;
13. A statement that the final decision on the application will be made within 120
days from the date of the determination of completeness.
E Sr. Public Comment on the Notice of Application. All public comments on the
notice of application must be received in the DSD by 4:00 p.m, on the last day of
the comment period. Comments may be mailed, personally delivered or sent by
facsimile. Comments should be as specific as possible. Public comments maybe
provided at any time up to and during the public hearing. However, the city
cannot ensure that comments provided after the comment period on the notice of
application will be considered and addressed in Type II project review or in staff
reports on Type III projects. The SEPA threshold determination shall not be
issued until after the expiration of the comment period following the notice of
application. Regardless of the expiration of the notice of application comment
period, any interested parry may comment upon the SEPA threshold
determination pursuant to Chapter 19_04 PTMC. (Ord. 2892 § 1, 2005; Ord. 2778
§ 4, 2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
PTMC Section 20.01.160 is hereby amended, and shall read as follows:
A. The city shall provide the public notice of application for a project permit by
posting the property_~nd nrailn t4 adjac_ent property Own@rs wlthizt__300 feetu
AdditiQnal~ arul-for.Sb.Qreli~~maste~pr9pr~m ~SM_P~_~e_rmjts. permits zequiring
SEPA review Type II cottaee housine developments short subdiyisi4ll_Rermits and
all Type III uermits, by publication in the city's official newspaper ~h~ll bg r~quized,
as provided in this section, ~•^'°^^ ^'''°^^~°° ^^^°~a°-' ~^ t hia= aper
1. Posting. Posting of the property for site-specific proposals shall consist of one or
more notice boards posted by the applicant or the applicant's representative as
follows:
a. A single notice board shall be placed by the applicant:
i. At the midpoint of the site street frontage or as otherwise directed by the city for
maximum visibility; and
ii. Where it is completely visible to pedestrians and vehicle traffic.
b. Additional notice boards may be required when:
i. The site does not abut a public road;
Page 22 Ordinance 2982
ii. A large site abuts more than one public road; or
iii. The director determines that additional notice boards aze necessary to provide
adequate public notice.
c. Notice boards shall be:
i. Maintained in good condition by the applicant during the notice period;
ii. In place at least 30 calendar days prior to the date of hearing or decision; and
iii. Removed by the applicant within 15 calendar days after the end of the notice
period.
d. An affidavit of posting shall be submitted to the director by the applicant prior to
the hearing or final comment date. If the affidavit is not filed as required, any
scheduled hearing or date by which the public may comment on the application will
be postponed in order to allow compliance with this notice requirement.
e. Notice boards shall be constructed and installed in accordance with specifications
promulgated by DSD.
2. Published Notice. Published notice shall include at least the project's street address
or location, project description, type of permit(s) required, comment period dates, and
location where the complete application may be reviewed in the city's official
newspaper of general circulation.
3. Mai No 'ce. Mailed notices 1 in lode the content as set forth in PTIvI~
20..01 150.F. It shall be mailed to the latest recorded real- r~oroert~awners as_shown
by the records of the,_Caunty Assessor wthtn at least 349 feet of the boundaxy_.of the
Rrapetty upon which the developane~~grarzased,
a An adiacent rororoertv ownershitzlist rorenazed by a licensed title. comroany shill be
rued for . _ rmmna the ~ronerty owner(sl of record
b,_All~ublc nottees shall be...cl.~emed to hav~been_rorovts~ed_pr reee~ved an th~~gte
the nattce_s depa~ited ixa the marl ax personally deliyexesl vYhichever ac~urs fast
34. DSD shall maintain for public review a list of pending projects (public inspection
files), including project status. However, the failure by DSD to maintain and update
the project status list shall not be grounds for invalidation of any permit decision.
(Ord. 2892 § 1, 2005; Ord. 2778 § 4, 2001; Ord. 2762 § 1, 2001; Ord. 2521 § 1,
1996).
PTMC Section 20.01.190.B.5 is hereby amended, and shall read as follows:
a. T'-° _ .._a.. ,.r.,.e ,..~r ~~'"~..-«.... ~~sor'~~~an. An adjacent property
ownership list prepazed by a licensed title company shall be used for determining the
property owner(s) of record. The applicant shall provide the list of property owner(s)
of record to DSD. Addresses for a mailed notice required by this chapter shall be
obtained from the county's real property tax records. The director shall issue a sworn
certificate affirming mailing of notice to all persons entitled to notice under this
chapter. The director may provide notice to other persons than those required to
receive notice under this chapter.
PTMC Section 20.04.080.B is hereby amended, and shall read as follows:
B. City Council Review/Appeal.
Page 23 Ordinance 2982
1. City Council Workshop. The city council may first review the
recommendation of the planning commission in a workshop meeting.
2. City Council Hearing. The city council shall consider the changes to the
comprehensive plan and shall hold an open record public hearing on the amendments
under the procedures set forth for public hearings in PTMC 20.01.240. Pursugnt, to.
r~gulatorYrefQrm_ Ft.~_C~'V 3_f.74B,060_l site_specifi_Erezotae~ authorized by_a
com r~~he~ive elan or subazea elan are subiect to a closed-record hearing before
council. ,The hearing shall be noticed by one publication in the official newspaper of
the city at least 10 days prior to the date of the hearing, and by posting copies of the
notice of hearing in the Port Townsend City Hall. Additional public notice ofsite-
specific amendment proposals will be mailed to current property owners within 300
feet of the site boundaries and by posting on the site itself at least 10 days prior to the
date of the hearing. The notice and public hearing for proposed comprehensive plan
amendments maybe combined with any notice or public hearing for proposed
amendments to the land use code or for other actions of the city council. Written
comments maybe given by anyone to the city council regarding proposed plan
amendments, and maybe received up to and until the close of the public hearing.
PTMC Section 19.04.220 is hereby amended, and shall read as follows:
A. Notice of Application Requirements for Types I, II and III Projects.
1. Notice of Application Requirements for Type I Projects Subject to SEPA. A notice
of application, as set forth in PTMC 20.01.150, shall not be required for Type I
project permits that aze categorically exempt under SEPA, unless a public comment
period or an open record predecision hearing is required.
2. Notice of Application Requirements for Types IiII and III Projects Subject to
SEPA. For Types ~ II and III projects, notice of the SEPA pending threshold
determination or the availability of the final environmental impact statement shall
be provided in conjunction with the notice of application for gernnit_s.whch
reguir~SIKPA rgvew.._as set forth in the public notice provisions of PTMC
20.01.150 through 20.01.180. ,
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PTMC Section 19.OS.OSO.C is hereby amended, and shall read as follows:
C. Public Notice of Application and Comment Period. Public notice of an application
for a critical azea permit shall be provided in the following manner:
Page 24 Ordinance 2982
1. Notice of an application for cnltcal .area permits ~ S
r~ure~~ set forth in PTMC 20.01.150 and 20.01.160.
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PTMC Section 17.46.050 is hereby amended, and shall read as follows:
A. Commercial, Multifamily, and Mixed Use Design Review.
1. Notice of application for design review_~hallsotaf4aatt. with.th~.xeg~iiz~ments.Q£
Section 24.01.150 PTMC. ~ 1 a ^r ~ „a «,^^^ „rah.. a^..:,...
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advisery e .Notice shall be
posted in the manner prescribed by PTMC 20.01.160^ `~1 ``obi.
2. Notice of design review for commercial, multifamily, and mixed use projects shall
be included when notice is required for other applications, e.g., SEPA determination
or shorelines permit.
B. Cottage Housing Developments. Notice of design review for cottage housing
developments will be provided as specified by Chapter 20.01 PTMC~vith
particularly as set forth in 24.41.154 and 20,41..L64PTMC_°aa'`'~„°7 .....:lo,l „,..:,.^ ^r
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SECTION 18. Remove Additional Standards for Public Notice on Shoreline Master
Pro~am Permits. PTMC Section 20.01.170 is hereby revised, and shall read as follows:
SMP permits require notice as provided in PTMC 20.01.150 through 20.01.160 (pesEiag-and
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t= .A. SMP Comment Period. The public may provide comments for 30 calendar days
after the notice of publication date. (SMP notice is 10 calendar days longer than the
Page 25 Ordinance 2982
comment period for other Type II and Type III permits as required by RCW 90.58.140.)
A notice of application for a shoreline substantial development permit shall notify the
public of the 30-day comment period. (Ord. 2762 § 1, 2001; Ord. 2521 § 1, 1996).
SECTION 19. Clarify the Information Required for Applications re ag rdine Site-
Specific Comprehensive Plan Amendment Applications. PTMC Section 20.04.040.B.2 is
hereby amended, and shall read as follows:
2. A description of proposed plan amendment
(if epplieablej. Site-specific ~~.-oj~r=-~ated amendments shall i-"Mans;
epiet ~r~e adequate information to
show th t~v~l4pment consistent wrth the proposed density and uses_rs or can be
~~ryed by_gxxstmg or zlzroposed=nfxastructurc
ir~prevettxents. Proposed site-specific .,r-proj~t r~.et~ comprehensive plan
amendments will be assumed
to have maximum impact to the environment and public facilities and services;
SECTION 20. Revise Short Plats that Involve Vacations to Make them Type III
Annlications. PTMC Section 20.01.040 is hereby amended, and shall read as follows:
Preliminary full subdivisions; plat vacahons~ixtcludrng.shgrt subslvisaaps that lnyolYe right-
Q.f-~YaY yacaS.gns or plat end alterations
PTMC Section 18.12.070 is hereby amended, and shall read as follows:
A. An application for a short subdivision shall be processed according to the procedures for
Type II land use decisions extent short subdivisions that involve right-of--way vacations
plat alteratrons which will_reauire a VIII land use decisron nroces,~ established in
Chapter 20.01 PTMC, Land Development Administrative Procedures.
B. The director shall solicit comments from the public works director, fire chief or designee,
local utility providers, police chief, building official, school district, adjacent jurisdictions if
the proposal is within one mile of another city or jurisdiction, Washington State Deparhnent
of Transportation if the proposal is adjacent to a state highway, and any other state, local or
federal officials as may be necessary.
C. Based on comments from city departments and applicable agencies and other information,
the director shall review the proposal subject to the criteria of PTMC 18.12.060. A proposed
short plat shall only be approved when consistent with all the provisions of PTMC 18.12.060.
D. An applicant for a short subdivision may request that certain requirements established
or referenced by this chapter be modified. Such requests shall be processed according to
the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of
Chapter 17.86 PTMC, Variances.
SECTION 21. Add References to the Shoreline Master Program within the Development
Permit Application Framework. Revisions to PTMC Section 20.O1.100.C are reflected in
Section 17 above.
Page 26 Ordinance 2982
SECTION 22. Insert references to Shoreline Master Program permits to the Project
Permit Application Framework Tables. Revisions to PTMC Section 20.01.040 aze
reflected in Section 17 above.
SECTION 23. Revise Urban Development Regulations to Require a Minimum Ground
Floor Clear Ceiling Height of Twelve Feet and Allow a Requisite Increase in Maximum
_Buildine Heieht by Five Feet. Shoreline Master Program Development Regulation
5.10.4.d is hereby amended, and shall be read as follows:
d. Uses may be placed in either a horizontal arrangement (e.g., commercial on ground
floor with residential above) or a vertical arrangement either attached or detached
within close proximity (e.g., commercial and residential buildings placed within 25-
feet ofeach other). Regazdless of use, the ground floor of all buildings shall have a
minimum clear ceiling height often tx~elve feet in order to allow flexibility of use.
Shoreline Master Program DR-5.10.8 is hereby amended, and shall be read as follows:
New or expanded structures outside of the Special Height Overlay District
shall be limited to a maximum height of 33-feet 40_f~~1.
SECTION 24. Severability. If any sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality ofany other section,
sentence, clause or phrase or work of this ordinance.
SECTION 25. Effective Date.
A. Unless otherwise specified in subsection B, this Ordinance shall take effect
immediately after passage if adopted by a majority plus one of the City Council.
Otherwise this ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law. Publication of this ordinance shall be by
summary thereof consisting of the title.
B. For lands within shorelines jurisdiction, Sections 14, 15, 16, and 23 of this ordinance
shall not take effect until the date on which these sections are approved by the
Washington Department of Ecology (90.58.090 RCW and Section
19.05.160(B)PTMC). If Ecology does not approve these amendments in their
entirety, then those portions approved by Ecology shall be effective, and the portions
not approved by Ecology shall not apply to lands within shorelines jurisdiction.
Page 27 Ordinance 2982
Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting
thereof, held this fourth day of August, 2008.
~~iC. ~-c_ G`~p vv~
Michelle Sandoval, Mayor
Atte~s}t: , _
~l~Y W'--~--
Pamela Kolacy, MMC /Z~
City Clerk
Approved as to Form:
~Z~~~
John P. Watts
City Attorney
Page 28 Ordinance 2982