HomeMy WebLinkAbout2842 Amending Comprehensive PlanOrdinance No. 2842
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING
CERTAIN SITE SPECIFIC COMPREHENSIVE PLAN AMENDMENTS;
REDESGINATING/REZONING A PORTION OF BLOCK 24 OF THE RAILROAD
ADDITION; ADOPTING AN AMENDMENTS TO THE LAND USE MAP CONTAINED
WITHIN THE PLAN; ADOPTING AMENDMENTS TO TABLE IV-2 WITHIN CHAPTER
IV, LAND USE ELEMENT AND 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;
ADOPTING AMENDMENTS TO THE PORT TOWNSEND URBAN WATERFRONT
AND SHORELINE MASTER PROGRAM TO ADJUST THE SUBDISTRICT
BOUNDARIES BETWEEN THE POINT HUDSON MARINA DISTRICT AND THE
CIVIC DISTRICT TO PLACE A PORTION OF BLOCK 52 INTO THE CIVIC
DISTRICT; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT
DEPARTMENT TO PREPARE REVISED COPIES OF THE PLANS, THE LAND USE
MAP & OFFICIAL ZOINING MAP INCORPORATING THE AMENDMENTS SET
FORTH IN THIS ORDINANCE; AND ESTABLISHING 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).
SECTION 1
FINDINGS
The City Council of the City of Port Townsend finds as follows:
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 July 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 April 7, 1997 (Ordinance No.
2571), to comply with the GMA and to implement the Plan. All findings, recitals and
other provisions of Ordinance No. 2571 are incorporated herein by this reference.
¸3.
Council adopted the City's current Comprehensive Plan/Development Regulations
Amendment Process codified in Chapter 20.04 PTMC on Decemberl 6, 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.
1 Ordinance 2842
The City has conducted an annual Plan amendment process pursuant to PTMC Chapter
20.04 each year since Plan adoption. 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).
Pursuant to the procedures outlined in Chapter 20.04 PTMC, the Comprehensive Plan has
been subject to six annual amendment cycles. Following are the dates and associated
Ordinance numbers:
a. September 15, 1997 (Ordinance No. 2606)
b. December 7, 1998 (Ordinance No. 2670)
c. November 15, 1999 (Ordinance No. 2716)
d. November 6, 2000 (Ordinance No. 2749)
e. November 19, 2001 (Ordinance 2782)
f. December 16, 2002 (Ordinance 2825)
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. 140 RCW) and
the procedures set forth in Chapter 20.04 PTMC.
On March 1, 2003, the deadline for submittal of applications to be considered in this
year's amendment process closed. Applications were received for four site-specific
proposals (Kah Tai, Block 52, Carlson, and Green/Hunt).
8. On August 6, 2003, the SEPA Responsible Official issued a Determination of
NonSignificance for the following applications Kah Tai, Carlson, and Block 52.
On September 24, 2003, the Building & Community Development Director granted a
request by Dr. Green and Mrs. Hunt that consideration of their application is postponed
until the 2004-update cycle. The application was removed from the 2003 docket.
10. After timely and effective public notice, the Planning Commission held a workshop
meeting, August 14, 2003; to review and discuss the three proposed amendments on the
2003 docket.
11. On September 18, 2003, after timely and effective public notice, the Planning
Commission held an open -record, public hearing to consider the proposed Plan
amendments. The Commission voted on each of the three amendments and directed staff
to draft a transmittal to the Council. (Their decision on the Block 52 amendment, LUP -
03-032 was later determined to be null and void, please refer to Finding 14). On October
2 Ordinance 2842
2, the Planning Commission reviewed and approved findings, conclusions and
recommendation for transmittal to the City Council with minor revisions. (Due to timing
constraints, a draft transmittal dated September 25, 2003 was included in Council packets
for their October 6, 2003 hearing. At said hearing, staff and Richard Berg, Planning
Commission Vice Chair, reported the results of the October 2 Planning Commission
meeting).
12. On October 2, 2003, the City Manager withdrew the Carlson application (LUP03-033).
13. On October 6, 2003, and after timely and effective public notice, the Council conducted
an open record public hearing to accept public testimony on the Planning Commission's
recommendations for the two remaining amendments (Kah Tai and Block 52). Council
concluded the open record public hearing, deliberated upon the testimony received and
voted on the findings, conclusions and recommendations of the Planning Commission.
14. In regards to the Kah Tai Amendment- LUP#03-031, Council adopted Planning
Commission's recommendation to approve the Comprehensive Plan Amendment to
redesignate/rezone, Lots 1-6, 29-34, 18-22, and 13-17 Block 24 of the Railroad Addition
from the current P-I (Public Infrastructure) designation to P/OS (Existing Park or Open
Space) and, to update the acreages by zoning district, listed in Table IV-2 of the
Comprehensive Plan to reflect the change. Council hereby adopts and incorporates by this
reference the findings, conclusions and recommendations adopted by the Planning
Commission (Memorandum dated October 2, 2003) and finds that they are consistent
with the requirements for amending the Plan set forth in Chapter 20.04 PTMC.
15. In regards to the Ci _ty-owned Lots on Block 52 Amendment - LUP#03-032, Council
adopts Planning Commission's recommendation to adjust the subdistrict boundaries
contained in the Port Townsend Urban Waterfront Plan thereby removing Lots 5, 6, 7,
and 8 Block 52 of the Port Townsend Original Townsite (the city's parking lot and
temporary skateboard park site) from the "Point Hudson Marina" district and placing
them within the "Civic" district. Lot 4 is to remain in the Pont Hudson Marina district.
Council hereby adopts and incorporates by this reference the findings, conclusions and
recommendations adopted by the Planning Commission (Memorandum dated October 2,
2003) and finds that they are consistent with the requirements for amending the Plan set
forth in Chapter 20.04 PTMC.
16. On November 6, 2003, after timely and effective public notice, the Planning Commission
re-opened their hearing on the Block 52 application (LUP03-032). "Action" taken at the
September 18, 2003 meeting (4-0 vote to support) was null/void because five members
are required for a quorum. Five members were present at the start of the meeting, but one
member recused himself for this matter, and therefore under procedural rules the Planning
Commission could no longer conduct business. At the Nov. 6 meeting, additional
opportunity for testimony was provided to the public. After taking testimony, the
Planning Commission, by a vote of 5-0-0, moved to recommended that the city "Adjust
the subdistrict boundaries contained in the Port Townsend Urban Waterfront Plan thereby
3 Ordinance 2842
removing Lots 5, 6, 7, and 8 Block 52 of the Port Townsend Original Townsite (the city's
parking lot and temporary skateboard park site) from the "Point Hudson Marina" district
and placing them within the "Civic" district with the provision that if it ceases to be a
skateboard park, it reverts to the previous district. Lot 4 is to remain in the Pont Hudson
Marina district."
17. On December 15, 2003, after timely and effective public notice, City Council re-opened
the public hearing on Block 52 (LUP 03-032), took public testimony and deliberated on
the item. By a vote of 6-0-0 City Council moved to accept the November 6, 2003
Planning Commission recommendation and their revised Findings and Conclusions dated
November 20, 2003 and finds that they are consistent with the requirements for amending
the Plan set forth in Chapter 20.04 PTMC.
18. The Council finds that the Plan and Zoning Code 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. On August 6, 2003, the City's SEPA Responsible Official
issued a Determination ofNonSignificance (DNS) for the city-sponsored/proposed 2003
amendments.
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. Pursuant to PTMC Section 20.04.020, the amendments have been considered
concurrently and Council has considered the cumulative effect of all items.
21. Consistent with the requirements of the GMA, Building and Community Development
Department staff forwarded the proposed amendments to the Plan and Zoning Code to the
State of Washington Department of Community Trade and Economic Development
(DCTED) for 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.
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 13-
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.
24. Based upon the foregoing findings, the Council finds that adoption of the following
4 Ordinance 2842
amendments will promote the public health, safety and welfare of the citizens of Port
Townsend and should be approved.
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 2
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 Lots 1-6, 29-34, 18-22, and 13-17 Block 24 of the Railroad Addition
from the current P-I (Public Infrastructure) designation to P/OS (Existing Park or Open Space).
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 3
ADOPTION OF AMENDMENTS TO TABLE IV-2, CHAPTER IV, LAND USE
ELEMENT OF THE PORT TOWNSEND COMPREHENSIVE PLAN
Pursuant to the Kah Tai Amendment (LUP03-031) Table IV-2 of the Land Use Element is hereby
amended as set forth below.
TABLE IV-2: THE LAND USE MAP - ACREAGE
WITHIN EACH LAND USE DESIGNATION*
LAND USE LAND AREA
DESIGNATION IN ACRES
R-I 748
R-II 2,190
R-III 227
R-IV 30
R-PUD 59
C-I/MU 19
C-II/MU 22
MU-PUD 0
C-I 3
C-II 147
C-II(H) 17
C-III 47
C-IV** 0
CM-PUD 35
M/C 43
M-I** 0
M-II(A) Boat Haven 93
LAND AREA IN ACRES
Less Platted Rights of Way and Marinas
523
1,539
155
18
52
14
15
0
2
94
11
25
0
26
43
0
44
5 Ordinance 2842
M-II(B) Point Hudson 24 12
M-III** 0 0
P/OS ~13 615 ~79 481
P/OS(A)*** N/A N/A
P/OS(B) 90 86
P-I 174 172 !~5 144
* Totals include lands within the Port Townsend City limits only.
** These land use designations could be applied to portions of the Glen Cove area, ifa 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.
[Ord. 2842 § 3, 2003 Ord. 2716 § 3.1, 1999; Ord. 2670 § 1.5, 2,1998, Ord. 2606 § 1,2, 1997; Ord. 2571 § 3, 1997; Ord. 2539,
1996.]
SECTION 4
ADOPTION OF AMENDMENTS TO THE URBAN WATERFRONT PLAN AND
SHORELINE MASTER PROGRAM
Pursuant to the Block 52 Amendment (LUP03-032) Figure 2.b, Planning Districts, of the Urban
Waterfront Plan and Appendix C, Subdistrict Boundaries within the Urban Waterfront Special
District, of the Shoreline Master Program, are hereby amended to adjust the subdistrict boundary
between the Point Hudson Marina District and the Civic District thereby removing Lots 5, 6, 7,
and 8 Block 52 of the Port Townsend Original Townsite (the city's parking lot and temporary
skateboard park site) from the "Point Hudson Marina" district and placing them within the
"Civic" district with the provision that if it ceases to be a skateboard park, it reverts to the
previous district.
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, Shoreline Master
Program, and Urban Waterfront Plan, incorporating the changes to the tables/figures and Land
Use Map set forth in this ordinance shall be prepared by Port Townsend Building and
Community Development Department staff and available for public inspection within thirty (30)
days of the adoption of this ordinance.
6 Ordinance 2842
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, second and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 15th day of December, 2003.
Ke~~
Attest: Approved as to Form:
Pamela Kolacy,
John P. Watts, City Attomey
First reading:
Second reading:
Third reading: 12/15/03
Transmitted to DCTED: ///9
Passage: 12/15/03
Publication: 12/24/03
Effective: 12/29/03
7 Ordinance 2842
N
Note:
Please refer to the Port Townsend Municipal
Code (PTMC), Title 17 for a detailed descripti
of zoning districts.
Residential Districts
R-I(SF) up to 4 d.u. per acre (Min. 10,000 sq. fl.. lot)
R-II(SF) up to 8 d.u. per acre (Min. 5,000 sq. ft. lot)
R-III(MF) up to 24 bedrooms or 16 units whichever is
greater, per 40,000 s.f. area
~ R-IV(MF) 25-40 bedrooms, or 24 units whichever is
greater, per 40,000 s.f. area
Mixed Use Districts
C-I/MU Neighborhood Serving Mixed Use Center
C-II/MU Community Serving Mixed Use Center
Commercial Districts
-- C-I Neighborhood Commercial
C-II General Commercial
C-II(H) Hospital Commercial
C-III Historic Commercial
Marine-Related and Manufacturing Districts
M-C Mixed Commercial / Light Manufacturing
M-II(A) (Boat Haven) Marine Related Uses
M-II(B) (Point Hudson) Marine Related Uses
Public, Park and Open Space Districts
P/OS Existing Park or Open Space
P/OS(B) Public / Mixed Use
P-I Public / Infrastructure
OFFICIAL ZONING
Adopted by City Council on 04/07/97
Purstmat to Ordinance 2571
REVISIONS:
rl.l - by Old, no 2606
ri.2 - by onL no. 267O
ri.3 - 03/15/99
ri4 -by ord. ~. 2716
no. 2716
City of Port Townsend
540 Water Street
Port Townsend, WA, 98368
(360) 385-3000
and ord. m. 2749 REVISION 1.9
rlrL78 -' byby ord.°mi hO.no' 28252782 REV[SION____ DATE. 12/15/2003
ri.9-by or& nO. 2842 SCALE--- No Scale
N
Wet Areas
10 Foot Contoo~
Drainage Basin
City Limits
N Arterial Street
N Collector Street
~ Minor Arterial
· · Proposed Minor Arterial
,, Rights of Way Identified
for Interim Preservation
Residential Districts
R-I(SF) up to 4 d.u. per acre (Min. 10,000 sq. fi. lot)
R-II(SF) up to 8 d.u. per acre (Min. 5,000 sq. fL lot)
R-III(MF) up to 24 bedrooms or 16 units whichever is
greater, per 40,000 s.f. area
~ R-IV(MF) 25-40 bedrooms, or 24 units whichever is
greater, per 40,000 s.f. area
M/xed Use Districts
C-I/MU Neighborhood Serving Mixed Use ~anter
C-II/MU Community Serving Mixed Use Center
Commercial Districts
~ Cq Neighborhood Commer¢inl
C-II General Commercial
C-II(H) Hospital Commercial
CdlI Historic Commercial
Marine-Related and Manufacturing Districts
i M-C Mixed Commercial / Light Manufacturing
M-II(A) (Boat Haven) Marine Related Uses
M-II(B) (Point Hudson) Marine Related Uses
Park and Open Space Districts
~ P/OS Existing Park or Open Space
__ P/OS (A) Potential Park or Open Space
P/OS(B) Public / Mixed Use
Other Designations
~l~ P-I Public / Inl~astmcture
Potential Open Space Connections
(to be coordinated with Jefferson County)
Note:
[~ Kah-Tai Lagoon Property Owned
by the Port of Port Townsend
LAND USE
Adopted by Clly Council on 07/15/90
Pursuant to Ordinance 2539
REVISIONS:
and ord. ~. 2749 REVISION 2.1
~i~]~ 2 ~i ~25 REVISION DATE 12/15/2003
City of Port Townsend
540 Water Street
Port Townsend, WA, 98368
(360) 385-3000
]~ \\.
TAYLOR
'1
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