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Home My WebLink About2878 Definintions "Conference Center" and "Institutions, Educational"/Reclassifying Uses at Fort Worden State Park and Conference Center Ordinance No. 2878 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING AMENDMENTS TO THE DEFINITION OF "CONFERENCE CENTER" AS WELL AS A NEW DEFINITION FOR "INSTITUTIONS, EDUCATIONAL" WITHIN SECTION 17.08.020 PTMC; ADOPTING AMENDMENTS TO TABLE 17.24.020 PTMC TO RECLASSIFY CERTAIN USES WITHIN THE P/OS(A) ZONING DISTRICT WHEN OCCURRING AT THE FORT WORDEN ST ATE PARK AND CONFERENCE CENTER; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENT 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). The City Council ofthe City of Port Townsend finds as follows: 1. Section 20.04.090 PTMC establishes the requirements and process for undertaking text amendments to the City's Land Use Code. 2. Consistent with Section 20.04.090(A)(1) PTMC, text amendments to the City's Land Use Code, which includes Title 17 PTMC, Zoning, may be processed by the City at any time during the calendar year, provided that any such amendments may not create inconsistencies with the Port Townsend Comprehensive Plan and Land Use Map. LUP04-0 19 is such an application, and is being processed at the request of Building and Community Development Department Staff. 3. By way of LUP04-019, the applicant, the City of Port Townsend, has requested that certain definitions contained in Section 17.08.020 PTMC be clarified, and that selected uses set forth in Table 17.24.020 PTMC be treated as either permitted or conditional, rather than prohibited uses, in order to more accurately reflect the existing range and scale of uses already occurring at the Fort Worden State Park and Conference Center, which pre-date the City's P/OS(A) zoning regime adopted in 1997. Approval of the application requires amendment to the text and tables of Title 17 PTMC. 4. After timely and effective public notice, LUP04-0 19 was the subject of a public workshop meeting on July 29,2004, to review the proposed text amendments in preparation for formal consideration at a subsequent public hearing. All audio taped and written records of the Planning Commission's deliberations during this meeting are incorporated herein by this reference. 5. Based upon public comment and Planning Commission discussion at the public workshop meeting on July 29, the original proposal was modified to include an additional definition in Section 17.08.020 PTMC, and to treat cemeteries, educational institutions, and certain government and nonprofit offices (as specified in Table 17.08.020 PTMC) as conditional and or permitted uses. FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 LUP04-0 19 ORDINANCE NO. 2878 6. After timely and effective public notice, LUP04-0 19 was the subject of an open record public hearing conducted by the Port Townsend Planning Commission (the Planning Commission) on August 12, 2004. All audio taped and written records ofthe Planning Commission's deliberations during this meeting are incorporated herein by this reference. 7. Following the close of public testimony on August 12,2004, the Planning Commission deliberated upon the testimony received at the public hearing and developed these findings, conclusions and recommendation for the advice of the City Council (the Council). At that meeting, the Planning Commission unanimously recommended the approvalofLUP04-019. 8. On September 7,2004, the Planning Commission formally transmitted its recommendations concerning LUP04-0 19 to the City Council. 9. On September 13,2004, and after timely and effective public notice, the Council and held a public work-study session to review and discuss the findings, conclusions and recommendations of the Planning Commission, in preparation for the Council's subsequent public hearing on the proposed zoning code text amendments. 10. On September 20,2004, and after timely and effective public notice, the Council held a final open record hearing to accept public testimony on the Planning Commission's recommendations, and to deliberate upon the testimony received. 11. On October 18, 2004, and after timely and effective notice, the Council held a public meeting to deliberate further upon the testimony received, and to formally adopt, adopt with modifications, or reject the various findings, conclusions and recommendations of the Planning Commission. 12. Findings 13 through 22, below, are based upon the Planning Commission's findings, conclusions and recommendation transmitted September 7, 2004 relating to LUP04-019, and fulfill the requirements of20.04.080 PTMC. 13. Circumstances related to the proposed amendment and the Fort Worden State Park and Conference Center have not substantially changed since adoption of the Port Townsend Comprehensive Plan in 1996. However, the proposal set forth in LUP04-019 would not affect the Comprehensive Plan or require its modification. 14. The proposal set forth in LUP04-0 19 does not call into question the assumptions upon which the 1996 Port Townsend Comprehensive Plan was based. Instead the proposal seeks to rectify a number of problems with the specific use restrictions that were inadvertently applied to the Fort Worden State Park and Conference Center through the 1997 Zoning Code. 15. The proposed amendments to Title 17 PTMC reflect widely held community values in that both the Community Direction Statement and the narrative, goals, and FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 2 LUP04-0 19 ORDINANCE NO. 2878 policies of the Port Townsend Comprehensive Plan acknowledge the importance of the Fort Worden State Park and Conference Center, and seek to promote its continued use as a means to decrease the seasonal nature oftourist visitation in Port Townsend. 16. LUP04-019 has been reviewed through a SEPA checklist dated July 21, 2004. On July 21, 2004 a determination of non-significance was issued, which became final on August 5, 2004. No environmental impacts that cannot be mitigated have been identified. 17. The P/OS land use designation and zoning district is intended to include existing City, County, and State owned parks, recreation areas, and City owned lands that provide valuable natural and open space functions. However, at the time of initial adoption of the Port Townsend Zoning Code (1997), the unique range and intensity of uses and activities occurring at the Fort Worden State Park and Conference Center was not adequately accounted for in Table 17.24.020 PTMC, making a number of desirable and long- established uses either legal nonconforming, or conditional throughout the P/OS zoning district, including Fort Worden. 18. The range of uses and scale of potential development at Fort Worden under the P/OS zone as proposed under LUP04-019 is more consistent with the composite narrative, goals and policies of the Comprehensive Plan than the current text of Title 17 PTMC, and is more accurately reflective of current and long-established conference center uses. 19. Because the Fort Worden State Park and Conference Center is already developed, the amendments proposed under LUP04-0 19 are not anticipated to have significant traffic impacts that could not be mitigated at the project review and approval level. No impacts upon the City's concurrency standards have been identified at this time. 20. Adequate public services are available to the site, and no impact on these services is anticipated as a direct result of changing the text and tables as proposed under LUP04- 019. 21. Changing the text and tables affecting the P /OS zoning district as proposed under LUP04-019 is consistent with the Port Townsend Comprehensive Plan: a. Fort Worden State Park and Conference Center is currently designated P/OS, and year-round recreational, conference center and educational uses predominate within the Park, and have done so since before adoption of the City's GMA Zoning Code in 1997; and b. The current use restrictions contained in Table 17.24.020 PTMC either prohibit, or conditionally permit a number of uses that are entirely appropriate and necessary within the context of the State Park and Conference Center, but which are inappropriate and unnecessary in other parts of the City zoned for P/OS use. Taking all of these factors into consideration, the City Council concludes that the proposed amendments to Section 17.08.020 PTMC and Table 17.24.020 PTMC represent an appropriate clarification to the P/OS zoning district. FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 3 LUP04-019 ORDINANCE NO. 2878 22. Approving the proposal is wholly consistent with the Growth Management Act (Chapter 36.70A RCW), and the Countv- Wide Planning Policy for Jefferson County. SECTION 1. ADOPTION OF AMENDMENTS TO THE DEFINTIONS SET FORTH IN SUBSECTION 17.08.020 PTMC. The text of Subsection 17.08.020 of the Port Townsend Municipal Code is hereby amended as set forth in subsections 1.1 and 1.2, below. SUBSECTION 1.1: Subsection 17.08.020, "A through D," of Chapter 17.08, "Definitions," of Title 17, "Zoning," shall include an amended definition of "conference center," which shall read as follows: "Conference center" means a facility used for seminars, conventions, symposiums. educational and cultural orOl!rams and activities and similar uses, with meeting rooms~ and possibly food preparation and eating facilities. and limited retail concessions of oreoackal!ed or oreoared foods and sundries ourchased for immediate use. SUBSECTION 1.2: Subsection 17.08.020, "A through D," of Chapter 17.08, "Definitions," of Title 17, "Zoning," shall include a new definition for the term "institutions, educational," which shall read as follows: "Institutions. educational" means a collel!e. iunior collece. or universitv suooorted bv oublic or orivate funds. tuitions. contributions or endowments. l!ivinl! advanced academic instruction as aooroved by the State Board of Education or by a recol!nized accreditinl! al!encY. includinl! fraternity and sorority houses. and excludim! oreschools. elementarv and iunior and senior hil!h schools. and trade and commercial schools. SECTION 2. ADOPTION OF AMENDMENTS TO TABLE 17.24.020 PTMC. Table 17.24.020, "Public, Park and Open space Zoning Districts - Permitted, Conditional and Prohibited Uses," shall be amended to read as follows: FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 4 LUP04-019 ORDINANCE NO. 2878 Table 17.24.020 Public, Park and Open Space Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outril!ht; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT P/OS P/OS(B) PHI APPLICABLE REGULATIONS/NOTES RECREA TIONAL AND CULTURAL USES Campgrounds, public p C C IPTMC 17.24.030, Public, park and open space bulk, dimensional and density equirements. ::;ommunity agricultural X X C Chapter 17.84 PTMC, Conditional Uses. enter Agricultural centers are limited to locations fronting onto principal arterial, collector, and minor arterial streets. All office and retail uses shall be secondary to the agricultural omponent of the center. Farmer/apprentice housing must conform to he bulk, dimensional, and density equirements of the lowest density residential zone abutting the site. Community centers C C P PTMC 17.24.030, Public, park and open space bulk, dimensional and density equirements. Community gardens P P P N/A Community supported X X P All parking shall be off-street. Chapter 17.84 agriculture PTMC, farmer/apprentice housing must onform to the bulk, dimensional, and density equirements of the lowest density residential zone abutting the site. Conference centers C. exceo! C X Conference centers are a conditional use in P at Fort 11 areas zoned P/OS eYCf~nt Fort WOLden WQ[den State Park and Confer\:llc.e Center .where .hev"hllILbe...Il..o.!mllitte.d..JJse.. PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. Fairgrounds X X P Same as above. Golf courses and driving C C C Same as above. anges Libraries X X P Same as above. Museums C, exceot X P Same as abovo. MYS\:JJIllS are.a.CQudillimal P at Fort l.l.S.e...i1LaJ.1.Ju:ea" 7"npn IJfC I" eyc:entEfrrt Worden Worden State Park and CQ...nference CenteJ' where they shall he a m"rmitted u"e. Open spaces and trails P P P N/A Parks P P P N/A Recreation areas P P P N/A Recreation facilities C. excent X P Recreation facilities are a conditional use in P at Fort :U.L~.zQlled P~ eycent Fort Worden W_Qrill<.u State-.f.arkJU1d..c.Qufl<[em:.~_Center where hey shall be a nermitted use. PTMC 17.24.030, Public, park and open space bulk, dimensional and densitv reauirements. FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 5 LUP04-0 19 ORDINANCE NO. 2878 Recreational vehicle parks, P C C Same as above. ublic Stadiums, arenas and C X P Same as above. assembl halls Swimmin ools C X P Same as above. Zoos C X P Same as above. PUBLIC FACILITY AND UTILITY USES irports and landing fields C Bus and transit storage and p maintenance facilities Correctional facilities (jails X C and prisons) lectrical distribution X C substations and power eneratin facilities Institutions, educational X P Municipal improvements P P P ffkes, government lllli! p r fi~ including public buildings and public facilities Other facilities designated as ssential public facilities by e Washington State Office of Financial Mana ement Schools, public orw:jvl~tt'! X. exceot __atE.oIt Word n p FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 6 he siting of "essential public facilities" annot be precluded by development regulations under RCW 36.70A.200. LUP04-0 19 ORDINANCE NO. 2878 Solid waste facilities, including major recycling acilities C 'Solid waste handling facilities" are onsidered an "essential public facility" nder RCW 36.70A.200; ". . . their siting annot be precluded by development e ulations. . ." P Stonnwater retention, etention, and treatment facilities Water and wastewater facilities (pump stations, reatment plants, water owers OTHER USES ocks and piers for pleasure P craft Cemeteries, crematoriums and mausoleums p p p P PTMC 17.24.030, Public, park and open space bulk, dimensional and density requirements. erry landings X P Emergency shelters . exceot C at Fort r en p ff: ili i rden in time f ublic emer enc . Such facilities required compliance with the Shoreline Master Program; PTMC 17.24.030, Public, park and open space bulk, imensional and dens it re uirements. PTMC 17.24.030, Public, park and open space bulk, dimensional and density re uirements. Refer to Ch. 17.78 PTMC, Personal Wireless Service Facilities, for list ofpennitted, onditional and prohibited uses and other substantive re uirements. Such facilities are allowed in all zoning districts subject to the conditional use permit requirements ofCh. 17.84 PTMC; however, such facilities are prohibited within the limits fthe Port Townsend National Register Historic District; and PTMC 17.24.030, ublic, park and open space bulk, imensional and density requirements, except s provided in applicable Federal ommunications Commission rules and re ulations Hospitals ersonal wireless service acilities Radio and television towers C FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 7 LUP04.019 ORDINANCE NO. 2878 ecycling facilities, minor . .. are a rohibited use inall re s z n rt Worden State Park and Conference Center. .wher!< alLb~ ermitted use.:. PTMC 17.24.030, Public, park and open space bulk, dimensional and densit re uirements Satellite dishes and antennas shall meet the equirements of PTMC 17.24.030, Public, ark and open space bulk, dimensional and ensity requirements, except as provided in pplicable Federal Conununications onunission rules and re ulations Satellite dishes, onconunercial, and antennas CCESSORY USES ccessory buildings and P structures p TMC 17.24.030, Public, park and pen space bulk, dimensional and ensit requirements. ublic parking garages C P Same as above. (Ord. 2782 94,2001; Ord. 2700 99 22,23, 1999; Ord. 2571 92,1997. Ord. 2878 & 2. 2004). SECTION 3: TRANSMITTAL TO DCTED. The City Clerk shall transmit a copy of this Ordinance to the State Department of Community, Trade and Economic Development (DCTED) within ten (10) days of adoption of this ordinance. SECTION 4: CODIFICATION OF AMENDMENTS. Copies of a revised Title 17, "Zoning," of the Port Townsend Municipal Code, codifying the amendments set forth in this ordinance, shall be prepared under the supervision ofthe City Clerk and available for public inspection within one hundred and twenty (120) days of the adoption ofthis ordinance. SECTION 5: EFFECTIVE DATE. This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. SECTION 6: SEVERABILITY. In the event anyone 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 ofthis 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. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this twentieth day of September, 2004. (}d~'t.:2L~~ Catharine Robinson, Mayor FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 8 LUP04-019 ORDINANCE NO. 2878 Attest: First reading: September 20,2004 Transmitted to DCTED: OctOhlY- j, 2004 FORT WORDEN AMENDMENTS SEPTEMBER 20, 2004 9 Approved as to Form: ~0 John P. Watts, City Attorney Passage: September 20, 2004 Publication: September 29,2004 Effective: October 4,2004 Ordinance No.: 2878 LUP04-019 ORDINANCE NO. 2878