HomeMy WebLinkAbout98-1181
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Resolution No. 98-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND APPROVING LUP98-31, A SITE SPECIFIC, QUASI-JUDICIAL
REQUEST BY DEBORAH HART ON BEHALF OF THE BALDRIDGE GROUP
TO AMEND THE COMPREHENSIVE PLAN LAND USE MAP AND THE
OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17 PTMC TO
CHANGE THE DESIGNATION AND ZONING OF THE "KEY CITY LANES"
PROPERTY, LOCATED AT 414 KEARNEY STREET, FROM C-II/MU TO C-II.
The City Council of the City of Port Townsend, Washington finds as follows:
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Chapter 20.04 PTMC establishes a process for consideration, no more frequently
than once per year, of potential amendments to the City's Comprehensive Plan
and Land Use Map (the Plan), and Zoning Code and Official Zoning Map (the
Zoning Code).
Consistent with 20.04.050(B) PTMC, formal applications for site specific, quasi-
judicial amendments to the Plan and Zoning Code must be formally considered
during the City's annual Plan and development regulation review and amendment
cycle. LUP98-31 is such a formal application.
By way of LUP98-31, the applicant, Deborah Hart, of behalf of the Baldridge
Group, has requested that a 1.1 acre property bounded by Keamey, Franklin,
Gaines, and Jefferson Streets be rezoned from C-II/MU, Community Serving
Mixed Use Center, to C-II, General Commercial. Approval of the application
requires amendment to the Land Use Map of the Plan and the Official Zoning
Map adopted pursuant to Title 17 PTMC.
After timely and effective public notice, LUP98-31 was the subject of an open
record public hearing conducted by the Port Townsend Planning Commission (the
Planning Commission) on October 15, 1998. Following the public hearing, the
Planning Commission deliberated upon the public hearing testimony, and
developed findings, conclusions and a recommendation for the advice of the City
Council (the Council). In a 3 -2 vote, the Planning Commission recommended
the denial of LUP98-31.
After timely and effective public notice, the Council and Planning Commission
held a joint workshop meeting on October 26, 1998. One of the matters
considered during this workshop was the Planning Commission's
recommendation concerning LUP98-31.
After timely and effective public notice, the Council held its own public hearing
on November 2, 1998 to accept testimony regarding all of the proposed Plan and
Zoning Code amendments, including LUP98-31.
BALDRIGE GROUP REZONE
REQUEST - LUP98-31
RESOLUTION NO. 98-118
DECEMBER 7, 1998
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After timely and effective public notice, the Council held a public meeting on
November 16, 1998 to deliberate further upon the testimony received regarding
the Plan and Zoning Code amendments, and to formally adopt, adopt with
modifications, or reject the various findings of the Planning Commission,
including the recommendation relating to LUP98-31. During that meeting, the
Council voted 5-2 to reject the Planning Commission's recommendation
regarding LUP98-31, choosing instead, to follow the position articulated by the
Planning Commission minority.
Findings 10 through 25, below, fulfill the requirements of 20.04.080 PTMC for
approving site specific amendments to the Plan's Land Use Map, and the Official
Zoning Map adopted pursuant to Title 17 PTMC.
The site subject to LUP98-31 is approximately 1.1 acres in size and is now used
as a bowling alley, and restaurant.
General conditions have not changed since the Comprehensive Plan was adopted
in 1996, although a September 1, 1998, letter from the property owner states that
the conditiOn of the subject property is deteriorating.
The assumptions upOn which the Comprehensive Plan based the C-II/MU
designation for this site are no longer valid, in that information has been entered
into the record indicating that, due to its unique location and physical attributes,
mixed use development of this site may be economically impracticable.
The Port Townsend Rite Aid Drugstore Traffic Impact Analysis by Transportation
Planning & Engineering, Inc., shows that the project will not adversely affect any
traffic level of service standard, and will not require traffic improvements beyond
those already called for in the Port Townsend Gateway Development Plan. Site
frontage improvements and driveways for any future development must be
compatible with City plans. Other facilities serving the site can also be provided
without adversely affecting current level of service standards.
The Council acknowledges that the proposal is not unerringly consistent with
Land Use Policy 10.2: "Establish a community-serving mixed use center
designation to be applied to areas which are in proximity to the City's existing
east/west commercial and transportation corridor (e.g,, both sides of Discovery
Road from 7th Street to 12th Street; and the east side of Kearney Street from
Jefferson to Garfield Street)." However, the Council notes that literal adherence
to this, and similar policies delineating the precise extent of certain designations
adopted in 1996, would forever preclude changing the designation and zoning of
such areas, despite other compelling reasons for doing so. The Council finds that
such an interpretation runs counter to the intent of the GMA to manage growth
and accommodate the evolving needs of the community.
BALDRIGE GROUP REZONE
REQUEST - LUP98-31
RESOLUTION NO. 98-118
DECEMBER 7, 1998
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The proposal is consistent with Land Use Element policy Policy 8.1: "Provide
appropriately sized and located commercial areas to prevent retail leakage, reduce
vehicle trips out of town, enhance the tax base, and improve the livability of the
community."
The proposal is consistent with Policy 8.4: "Where possible, allow the Gateway
Commercial Corridor to be increased in depth to enable development of
integrated commercial projects which depart from commercial strip development.
Prohibit the expansion of such areas where it would significantly diminish the
livability or viability of an adjoining neighborhood." Specifically, the proposal
would clearly increase the depth of the Gateway commercial corridor as expressly
encouraged by Policy 8.4. Moreover, it is unlikely that application of the C-II
designation and zone to this property will lead to future pressures to create a new
strip commercial corridor along Keamey Street or erode the livability of adjoining
neighborhoods because:
a. Only the property subject to LUP98-31 has significant visibility from the
main thoroughfare of Sims Way, which visibility is necessary for
supporting the types of auto-oriented commercial development typically
found within the C-II district, making further northward expansion of the
C-II district impracticable; and
b. Other than the Penny-Saver property, which directly abuts Sims Way, the
property subject to LUP98-31 is the only property clearly within the limits
of the Gateway Development Plan, which suggests that with appropriate
design and frontage improvements, C-II development is appropriate for
the site;
c. The site subject to LUP98-31 was designated and zoned for C-II uses
between 1971 and the adoption of the Plan in 1996, and throughout that
time and up until the present day, the site has supported uses consistent
with the C-II district, without adversely affecting adjoining residential
areas; simply reinstating the former designation and zoning will not now
suddenly erode the livability of the adjoining neighborhood.
The Council finds that the ongoing C-II/MU designation and zoning of properties
to the north of the subject site remains an important and necessary element of the
City's planning under the GMA, and is desirable to implement and advance the
Community Direction Statement contained in Chapter III of the Plan. The
Council expressly intends that the approval of this request not be construed as an
indication of its willingness to allow erosion to the C-II/MU zone throughout the
City, and consequently, this decision should not be viewed as precedent.
LUP98-31 has been reviewed through a SEPA checklist dated August 4, 1998.
On August 5, 1998, a notice of threshold determination was issued, and on
September 16, 1998, a determination of non-significanc~was issued, which
became final on October 1, 1998. No environmental iml~acts which cannot be
mitigated have been identified.
BALDRIGE GROUP REZONE
REQUEST - LUP98-31
RESOLUTION NO. 98-118
DECEMBER 7, 1998
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The parcel is physically suitable for the requested land u ~e. The parcel has access
and services. The site is mapped as seismically hazardotls, indicating a need to
effectively mitigate this hazard through building permit review. The site has a
history of poor drainage, and a suitable drainage plan mUst be developed as
required under the Engineering Design Standards Manu~l before further
development of the sit~ may be undertaken. The drainage and seismic issues
would have to be addressed prior to site development, regardless of whether the
C-II/MU or C-II zone is applied to the property. I
The proposal is consistent with the forecasts upon which
is based. Whether the property is designated as C-II/MU
"commercial" acreage for the purpose of the growth proj
Plan. The change from C-II/MU to C-II will eliminate tl
housing at a density of at lease 17 units per acre. Since t~e site is 1.1 acres, 18 or
more future housing units will be foregone. This loss inlhousing development
potential is insignificant in that the Plan has a tremendous surplus of residential
land relative to the 20 year growth projections.
the Comprehensive Plan
or C-II, it will count as
ections underlying the
te requirement for
The proposed amendment is not expected to adversely affect the adequacy or
availability of urban facilities and services.
On balance, the proposal is consistent with the goals anct policies of the
Comprehensive Plan. The introduction to the Comprehensive Plan identifies four
fundamental concepts that shape the plan. Among the cgncepts are "achieving a
better balance between jobs and housing," and "accomodating Port Townsend's
share of county-wide growth" (page 11-4). Changing the designation and zoning
of the subject site to C-II is consistent with both of these objectives, in that the
change will likely lead to more timely commercial devel
concomitantly, greater employment opportunities for Cil
change to C-II is entirely consistent with the City's resp~
accommodate its share of urban commercial developme~
17, above, it is unlikely that approval of this change will
requests to change C-II/MU land to C-II, and conversio~
strip commercial corridor.
As noted in finding 14, above, approval of LUP98-31 cr,,~ates a conflict with
Policy 10.2 of the Land Use Element of the Plan. As ctm:ently written, absolute
adherence to this policy would forever preclude changing the boundaries of the C-
IIfMU district along K~amey Street. The Council finds lhat this policy was
merely intended to describe the limits of the Keamey Street C-II/MU designation
upon initial adoption of the Plan in July of 1996, and that an amendment is
necessary to conform the language of Policy 10.2 to the Plan Land Use Map and
Official Zoning Map as amended by LUP98-31.
opment of the site, and
y residents. Also, the
~nsibility as a UGA to
rt. As detailed in finding
lead to pressure for other
of Keamey Street to a
As proposed, LUP98-16 is consistent with, and reflective of, the values of the
community at large.
BALDRIGE GROUP REZONE
REQUEST - LUP98-31
RESOLUTION NO. 98-118
DECEMBER 7, 1998
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Approving the application to change the designation oft
to C-II is wholly consistent with the Growth Manageme!
RCW), and the County-Wide Planning Policy for Jeffers
NOW, THEREFORE, the Port Townsend City Council in regt
resolves as follows:
1. Based upon the above findings, the City Council hereby
The City Council directs that formal Plan policy, Land L
Official Zoning Map amendments be included in Ordina
implement this approved change in zoning.
ADOPTED by the City Council of the City of Port Townsend a
on this 7th day of December, 1998.
Attest:
Pam Kolacy, Cit3/Clerk
ae subject site from M-C
tt Act (Chapter 36.70A
an County_.
1ar session assembled
approves LUP98-31.
'se Plan Map, and
ace No. 2670 to
ad signed by the Mayor
u 'e~lcCulloch, Mayor
~l"l~~c~, Ci~ Attorney
BALDRIGE GROUP REZONE
REQUEST - LUP98-31
RESOLUTION NO. 98-118
DECEMBER 7, 1998