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HomeMy WebLinkAbout2559 Land Use Plans and ImplementationOrdinance No. 2559 AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW CHAPTER 20.04, LAND USE PLANS AND IMPLEMENTATION, OF TITLE 20, ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS, TO THE PORT TOWNSEND MUNICIPAL CODE, TO ESTABLISH AN ANNUAL AMENDMENT PROCESS FOR THE PORT TOWNSEND COMPREHENSIVE PLAN, LAND USE MAP, AND LAND USE CODE WHEREAS, RCW 36.70A, et seq., (also known as the Growth Management Act -- "GMA") requires that GMA comprehensive plans consist of a map(s) and descriptive text governing the objectives, principals and standards used to describe the essential elements of the plan; and WHEREAS, by Ordinance No. 2539, the City of Port Townsend adopted its Comprehensive Plan and land use map pursuant to the GMA on July I5, 1996; and WHEREAS, the GMA requires cities to establish procedures for amendments to comprehensive plans and to provide that comprehensive plans generally may be amended or updated only once per year; and WHEREAS, the City Council desires to adopt procedures for the annual amendment of the Port Townsend Comprehensive Plan and/or land use map as mandated by the GMA; and WHEREAS, the City Council desires to update the existing provisions for amendments to the City zoning code, and replace them with a new process to apply to amendment of all land use codes; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. A new Chapter 20,04, Port Townsend Comprehensive Plan/Development Regulations Amendment Process, to Title 20, Administration of Land Development Regulations, is hereby added to the Port Townsend Municipal Code and shall be codified to read as follows: TITLE 20 ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS 20.01 20.02 20.03 20.05 20.06 Land Development Administrative Procedures Interpretation of Land Development Codes Port Townsend Comprehensive Plan and Development Regulations Amendment Process Board of Appeals 20.07 20.08 20.09 20.10 Land Development Permit Application and Appeal Fees Land Use Administration and Enforcement CHAPTER 20.04 PORT TOWNSEND COMPREHENSIVE PLAN/DEVELOPMENT REGULATIONS AMENDMENT PROCESS Sections: 20.04.010 20.04.020 20.04.030 20.04.040 20.04.050 20.04.060 20.04.070 20.04.080 20.04.090 Amendments - Purpose and introduction. Amendment process to be once per year - Cumulative effects must be considered. Exceptions to the annual amendment process. Applications for comprehensive plan amendment. Compilation of docket. Planning commission/city council process for selection of amendments to be considered during annual review. Review of proposed amendments - SEPA. Review of docket by planning commission and city council. Land use code text revisions. 20.04.010 Amendments - Purpose and introduction. A. Purpose. The purpose of this chapter is to establish procedures for amending the Port Townsend Comprehensive Plan, defined for the purposes of this chapter as including the plan text and/or the land use map? The Growth Management Act (GMA) generally allows amendments to comprehensive plans only once per year, except in emergency situations. This chapter is intended to provide (1) an annual process whereby the city will compile and maintain a preliminary docket of proposed amendments to the Comprehensive Plan, and then select which proposed amendments will be placed on the final docket for review; (2) timelines and procedures for placing formal applications for amendments by interested parties (i. e., project proponents or property owners) on the final docket; and (3) criteria for review of the final docket by the planning commission and city council. This chapter is also intended to provide a process for the planning commission to monitor and assess the Comprehensive Plan, and based on this review to recommend amendments (if any) to the Plan as part of the annual amendment process. All references in this chapter to the Port Townsend Comprehensive Plan are intended to include the Comprehensive Plan text, the land use map adopted concurrently with the Comprehensive Plan, and/or sub-area plans. 2 Ord. 2559 B. Public Participation. The public participation process set forth in this chapter is intended to solicit from the public suggested amendments to the Port Townsend Comprehensive Plan for future consideration, and to provide an opportunity for public comment on any proposed amendments. This is achieved by early and continuous public involvement with 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. C. Planning Commission Role. The planning commission shall make recommendations to the city council on all Comprehensive Plan matters, including amendments to the Plan text and land use map, development regulations and sub-area plans. D. Replacement of Chapter 17.60 PTMC. This chapter will also replace the former PTMC provisions related to zoning code text and zoning map revisions, and implement a new process for amendments to the Comprehensive Plan text and land use map, development regulations and sub-area plans adopted pursuant to the GMA. E. Applicability of Chapter 20.01 PTMC. Amendments to the Comprehensive Plan text, the land use map, and the development regulations are legislative, Type ¥ decisions under Chapter 20.01, and particularly Sections 20.01.060 and .070, PTMC. Accordingly, all applicable provisions of that chapter apply to the decision-making process adopted in this chapter, regardless of whether they are specifically referred to herein. 20.04.020 considered. Amendment process to be once per year - Cumulative effects must be Except as provided in Section 20.04.030 of this chapter, proposals for amendments of the Port Townsend Comprehensive Plan shall be considered by the city council no more frequently than once every year. Proposals for Plan amendment shall be considered concurrently so that the cumulative effect of all items on the final docket will be ascertained. Proposals may be considered at separate meetings or heatings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the Comprehensive Plan. 20.04.030 Exceptions to the annual amendment process. A. Emergencies. In addition to the annual amendment process, the city council may amend the Port Townsend Comprehensive Plan in any of the following circumstances: 1. Resolution of an emergency condition or situation that involves public health, safety or welfare and when adherence to the annual amendment process would be detrimental to public health, safety or welfare. 2. Initial adoption of an identified subarea plan. 3 Ord. 2559 3. Resolution of a decision by an administrative agency or court of competent jurisdiction. Situations involving official legal or administrative action (such as decisions by the Western Washington Growth Management Hearings Board, or the state or federal courts, actions of a state agency or office, or the state legislature) affecting Port Townsend will be reviewed by the planning commission with advice from the city attorney's office to determine if an appropriate "emergency" exists, necessitating an emergency Comprehensive Plan amendment. 20.04.040 Applications for comprehensive plan amendment. A. Who may propose an amendment; application; fee. 1. Formal Applications. Any interested person, defined as proponents of land development projects and/or property owner(s) or their authorized representative(s), may file a formal application for an amendment to the Comprehensive Plan, provided that the proposed amendment relates to a site specific proposal. Any such application must be accompanied by a filing fee as set forth in chapter 20.09 PTMC. 2. Suggested Amendments. Anyone may suggest an amendment, which shall be added to the "list of proposed amendments" to be maintained by the BCD director. In general, suggested amendments should be limited to proposals that broadly apply to the goals, policies and implementing strategies of the Comprehensive Plan, rather than amendments designed to address site specific issues of limited applicability. Whether such amendments are considered during the annual review process shall be governed by the process outlined in Section 20.04.060 below. No fee shall be required for such proposals. B. Amendment Deadline/form. All suggested or formal amendments must be submitted to the BCD department by May 12 of the current year in order to be considered during that year's annual amendment process, except that city-sponsored amendments to the Capital Facilities and Utilities Element of the Comprehensive Plan may be accepted later than other proposed amendments because of their relationship to the city's annual budget process. All proposed amendments shall be submitted on BCD forms and include the following information, as determined by BCD to be necessary to evaluate the particular proposal: 1. Name and address of applicant; 2. A description of proposed plan amendment and associated development proposals (if applicable). Site specific or project related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and This deadline shall be effective on May 1, 1997 for formal amendment applications, which will be processed in 1997 under the procedures of this chapter, and on May 1, 1998 for suggested amendments, which will be processed in 1998 under the procedures of this chapter. 4 Ord. 2559 improvements. Proposed site specific or project related Comprehensive Plan amendments that do not specify proposed use(s) and potential impact will be assumed to have maximum impact to the environment and public facilities and services; 3. Proposed amendatory language, preferably shown in a "bill" format (new language underlined; language proposed for deletion in strikeout); 4. An explanation of why the amendment is being proposed; 5. An explanation of how the amendment and associated development proposals (if any) meet, conflict with or relate to the criteria set forth in Section 20.04.080(A)(3); 6. A SEPA checklist (for site-specific applications); and 7. Any additional information deemed reasonably necessary by the BCD director to evaluate the proposed amendment. 20.04.050 Compilation of preliminary docket. A. Annual List of Suggested Amendments. Each year, the BCD department shall maintain for public review the annual list of suggested amendments made by citizens, the city council or members of the city council, city staff, city departments or other agencies. By May 31 of each year, this list of suggested amendments shall be compiled into a preliminary docket. Section 20.04.060 of this chapter sets forth the process for selecting which amendments will be placed on a final docket to go forward during the current annual review process. B. Formal Applications for Amendments by Interested Persons. The preliminary docket shall also include all formal applications for Comprehensive Plan amendments. Formal applications which are properly and timely filed will be automatically placed on the final docket for consideration during the current annual amendment process. C. Planning Commission Annual Assessment of Comprehensive Plan. 1. Criteria for Annual Assessment. Beginning in 1998, the planning commission shall assess and monitor the Comprehensive Plan during the spring of each year. This assessment should be based on a consideration of the following criteria: (1) whether growth and development as envisioned in the Comprehensive Plan is occurring faster or slower than anticipated, or is failing to materialize; (2) whether the capacity to provide adequate services is diminished or increased; (3) whether sufficient land is designated and zoned to meet projected demand and needs; (4) whether the assumptions upon which the Plan is based are found to be invalid; (5) whether changes in community wide attitudes necessitate amendments to the goals and purposes of the Comprehensive Plan and the basic values embodied within the 5 Ord. 2559 Comprehensive Plan Community Direction Statement; (6) whether sufficient change or lack of change in circumstances dictate the need for an amendment; and (7) whether inconsistencies exist between the Comprehensive Plan and the GMA or the Countywide Planning Policy for Jefferson County. 2. Timelines. The planning commission shall complete its annual assessment of the Port Townsend Comprehensive Plan by April 15 of each year, and any recommended amendments shall be forwarded to the BCD Director by May 1. The director shall place such amendments on the preliminary docket, to be considered during the selection process outlined in Section 20.04.060 below. 20.04.060 Process for selection of amendments to be considered during annual review. A. BCD Review of Proposed Amendments. After compiling the preliminary docket, the BCD director should make a recommendation as to which amendments suggested by citizens, agencies or city departments he or she believes should be placed on the final docket for consideration during the annual amendment process. B. Joint workshop - Notice. The city council and planning commission may, but are not required to, hold a noticed joint workshop to serve as an informational meeting between the two governmental' bodies, If held, notice of the joint workshop should be given by publication in the city's official newspaper at least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at city hall, which shall include a statement of the purpose of the joint workshop. C. Planning Commission Hearing. The planning commission shall hold a noticed public hearing on the preliminary docket. Following the hearing, the planning commission shall adopt a recommendation, identifying those amendments which it is recommending for city council consideration during the annual amendment process. The decision shall be based on an evaluation of the need, urgency, appropriateness of each suggested amendment. The planning commission's recommendation should also include those proposed amendments coming out of its annual assessment process. Notice of the planning commission hearing shall be given by publication in the city's official newspaper at least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at city hall, which shall include a statement of the purpose of the hearing. D. City Council Decision. By the second council meeting of June of each year, the council shall consider the planning commission's recommended docket at a regularly scheduled public meeting. Council may adopt the planning commission's recommended docket without a public hearing; however, in the event that a majority of the council decides to add or subtract amendments, it shall first hold a public hearing, noticed as set forth in subsection C above, which shall be held by the first council meeting in July. The docket as adopted shall include all formal applications and any suggested or recommended amendments which council decides 6 Ord. 2559 to consider during the current annual review process. The council's decision to consider a proposed amendment does not constitute a decision or recommendation that the proposed amendment should be adopted. No additional amendments may be considered after council adoption of the docket for that year, with the exception of amendments to the Capital Facilities and Utilities Element or emergencies. 20.04.070 Review of proposed amendments - SEPA. The final docket as adopted by council shall first be reviewed by the BCD department, and city staff shall prepare a staff report. BCD is also responsible for conducting SEPA review. As appropriate, the BCD department shall solicit comments regarding the proposed amendments from the public and/or government agencies. The BCD department will also provide notice and opportunity for public comment as deemed appropriate given the nature of the proposed amendments, and consistent with RCW 36.70A. 140 and SEPA. 20.04.080 Review of docket by planning commission and city council. A. Planning Commission Hearing - Notice. Ail proposed amendments on the final docket shall first be considered by the planning commission, which shall make a recommendation to the city council after holding at least one open record public hearing. 1. The hearing before the planning commission 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 of a copy of the notice of hearing in the Port Townsend City Hall. This notice shall include (1) the purpose(s) of amending and/or updating the Comprehensive Plan; (2) the deadline for submitting comments on the amendments; and (3) a tentative hearing schedule. Continued heatings may be held by the planning commission but no additional notices need be published. 2. The planning commission may establish subcommittees for more detailed study which shall include members of the public and at least two planning commissioners. 3. For all amendments, the planning commission shall develop findings and conclusions and a recommendation which consider: a. Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Port Townsend Comprehensive Plan. b. Whether the assumptions upon which the Port Townsend Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Port Townsend Comprehensive Plan; and 7 Ord. 2559 community values. Whether the proposed amendment reflects current widely held 4. In addition to considering the criteria set forth in (3) above, in order to recommend a proposed plan amendment which relates to a site-specific request, the planning commission must also find that: a. The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services. b. The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Port Townsend Comprehensive Plan. c. The proposed amendment will not result in probable significant adverse impacts to the City's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. d. In the case of an amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to, access, provision of utilities and compatibility with existing and planned surrounding land uses. e. The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long term interests of the community in general. f. The proposed action does not materially affect the land use and growth projections which are the bases of the Comprehensive Plan. g. The proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city. h. The proposed amendment is consistent with the GMA, the adopted Countywide Planning Policy of Jefferson County, any other applicable inter- jurisdictional policies or agreements, and any other state or local laws. 5. The planning commission's findings and conclusions shall include a recommendation to the city council that the proposed amendment(s) be denied, approved or approved with conditions or modifications. 8 Ord. 2559 B. City Council Review/Appeal. 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 at a regularly scheduled meeting, at which it shall hold a public hearing on the amendments under the procedures set forth for public hearings in Section 20.01.240 PTMC. 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. The notice and public hearing for proposed Comprehensive Plan amendments may be 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 may be given by anyone to the city council regarding proposed Plan amendments, and may be received up to and until the close of the public hearing. 3. Criteria for Evaluation of Plan Amendments. The city council shall apply the same criteria as the planning commission as set forth in Section 20.04.080(A)(3) above. 4. Adoption by Ordinance. The city council shall adopt any amendments to the Port Townsend Comprehensive Plan by ordinance. This final action on the docket must be taken, at the latest, by the second council meeting of November of each year. 5. Transmittal to State. BCD will transmit a copy of any proposed amendment of the Comprehensive Plan to the Washington State Department of Community, Trade and Economic Development (DCTED) at least 60 days prior the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. BCD will transmit a copy of any adopted amendment to DCTED within 10 days after adoption by council. 6. Appeals. All appeals to the adoption of an amendment to the Comprehensive Plan shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. 20.04.090 Land use code text revisions. A. Initiation. The text of the adopted land use code (also referred to interchangeably as "development regulations") may be changed as long as the change is consistent with the Port Townsend Comprehensive Plan and land use map. The land use code means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances (including Titles 17, 18, 19 and 20, PTMC), critical areas ordinances, shoreline master programs, official controls, planned unit development 9 Ord. 2559 ordinances, subdivision ordinances, and binding site plan ordinances. (RCW 36.70A.030.) Proposed amendments, changes, or modifications may be initiated as follows: 1. At any time at the request of the city council or the planning commission, or by BCD staff; or 2. Under the process and time lines (May 1 deadline for submittal) for Comprehensive Plan amendments by any interested person. Any such application must be made to BCD on forms provided by the city and accompanied by payment of the filing fee for land use code text amendments as set forth in Chapter 20.09 PTMC. 3. In addition, immediately following a change or Changes in the Port Townsend Comprehensive Plan and land use map, the land use code must be changed to be consistent with the Port Townsend Comprehensive Plan and land use map. B. Notice. 1. Proposed changes to the land use code pursuant to Section 20.04.090(A)(2) above (which must be processed concurrently with the Comprehensive Plan and land use map) shall be processed and noticed in the same manner as other proposed amendments. 2. Notice of any hearing on text amendments generated by staff, the city council or the planning commission outside of the annual Comprehensive Plan amendment process shall be given by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Port Townsend City Hall. 3. Any additional notice required by state or local law (such as statutory notice requirements required for amendments to the shoreline master program), or deemed appropriate by the BCD director, shall be paid for by the applicant. C. Planning Commission Review. The planning commission shall hold a public hearing on any text amendment to the land use code and make a recommendation to city council, using the site specific criteria set forth if 20.04.080(A)(3) as applicable. D. City Council Review. The city council shall hold a noticed public hearing on the proposed text amendment and, after considering the recommendation of the planning commission and applying the same criteria, make a final determination on the amendments to the land use code. Any amendments shall be adopted by ordinance. E. Transmittal to State. BCD will transmit a copy of any proposed amendment to the land use code to the DCTED at least 60 days prior the expected date of final city council 10 Ord. 2559 action on the proposed amendment as consistent with Chapter 36.70A RCW. BCD will transmit a copy of any adopted amendment to DCTED within 10 days after adoption by council. F. Appeals. All appeals to the adoption of an amendment to the land use code shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 2559 § 1, 1996.) Section 2. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided 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 16th day of December, 1996. Attest: Pam Kolacy, City Clerk {J Juli~cCulloch, Mayor ahad, City Attorney 12/11/96 [96-015] Ord\{Ch20-04.doc} 11 Ord. 2559