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HomeMy WebLinkAbout2749 Amending Comprehensive Plan Ordinance No. 2749 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, W ASIßNGTON, ADOPTING AN AMENDMENT TO THE LAND USE MAP CONTAINED WITHIN THE PORT TOWNSEND COMPREHENSWE PLAN (I'HE PLAN); ADOPTING AN AMENDMENT TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITII, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE OFFICIAL LAND USE AND ZONING MAPS, INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; ALL IN A MANNER CONSISTENT WITII 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 ofthe City of Port Townsend finds as follows: 1. After extensive public review and a recommendation ftom 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. 2. After public review and a recommendation from the Planning Commission, the City's current Zoning Code (Title 17 PTMC) was adopted by the Council 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. After public review and a recommendation from the Planning Commission, the City's current Comprehensive Plan/Development Regulations Amendment Process Code (Chapter 20.04 PTMC) was adopted by the Council on December 16, 1996 (Ordinance No. 2559) to implement 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. 4. Chapter 20.04 PTMC establishes a process for consideration, no more ftequently than once per year with certain exemptions as set forth in PTMC 20.04.030, of potential amendments to the Plan, including the Zoning Code, Official Land Use and Zoning Maps. The process codified in Chapter 20.04 PTMC solicits public involvement in identifying suggested plan and development regulation amendments, and provides 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 (§ 36.70A035, 36.70A130, and 36.70A140 RCW). 5. Pursuant to the procedures outlined in Chapter 20.04 PTMC, the Comprehensive Plan has been subject to three annual amendment cycles. Council adopted the first sequence of amendments to the Plan's Land Use Map and consistent amendments to the Official Zoning Map on September 15, 1997 (Ordinance No. 2606). Council adopted the second and third sequence of amendments to the Plan, including significant legislative amendments to the narrative text, tables, goals, policies, and Land Use Map of the Plan, and amendments to the text, tables, and Official Zoning Map of Title 17 PTMC on December 7, 1998 (Ordinance No. 2670) and December 6, 1999 (Ordinance 2716) respectively. . . 6. This ordinance (Ordinance No. 2749) represents the fourth annual comprehensive plan amendment cycle. The 2000 update includes an amendment to the Land Use & Zoning Maps to rezone Block 283 of the Eisenbeis Addition ftom M-C (Mixed Commercia/fLight Manufacturing) to R-Ill (Mu/ti-fami/y residential). . 7. 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 (§ 36.70A035, 36.70A130, and 36.70A140 RCW) and the procedures set forth in Chapter 20.04 PTMC. 8. On March 9, 2000, the Planning Commission completed its annual assessment of the Plan pursuant to 20.04.050(C)(2). The Commission did not identify any issues to be considered in the . 2000 annual update cycle. . 9. On May 25,2000, and after timely and effective public notice, the Planning Commission held an open record public hearing to accept public testimony regarding which suggested amendments should be placed on the final docket for formal review and consideration, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice of the City Council, all in a manner consistent with the requirements of20.04.060 PTMC. 10. At a regular meeting held on June 19,2000, and after timely and effective public notice, the Council held an open record public hearing and deliberated upon the final docket recommendations of the Planning Commission (as required under 20.04.060(D) PTMC). Council accepted the recommendations of the Planning Commission and placed two suggested amendments on the final docket. 11. After timely and effective public notice, the Planning Commission held a public workshop meeting on August 31, 2000 to review and discuss the proposed amendments to the Plan, Land Use/Zoning Map and Zoning Code. 12. On September 14,2000, and after timely and effective public notice, the Planning Commission held an open record hearing to accept public testimony on the two suggested amendments to the Plan, deliberate, and formulate findings, conclusions and recommendations for the advice of the Council. The Planning Commission's findings, conclusions and recommendation were transmitted to the City Council in a Memorandum dated September 14, 2000. 13. On October 23,2000, and after timely and effective public notice, the Council held an open record public hearing to accept public testimony on the Planning Commission's recommendations, deliberated upon the testimony received"to adopt, adopt with modifications, or reject the various findings and conclusions of the Planning Commission. 14. Council hereby adopts and incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of September 14, 2000 relating to revisions to the Official Land Use and Zoning Maps to the City of Port Townsend. Block 283 of the Eisenbeis Addition, generally located between Thomas and Logan Streets, and between Third and Fourth Streets, currently zoned M-C, (Mixed Commercial/Light Manufacturing), is hereby rezoned to R-Ill (Multifamily Residential). Council finds that the Planning Commission's findings, conclusions and recommendations regarding these amendments are consistent with the requirements for amending the Land Use and Zoning Maps set forth in Chapter 20.04 PTMC. 15. The Council hereby rejects the Planning Commission's recommendation to approve a suggested amendment to Policy 1.8 of the Non-Motorized Transportation. Council hereby denies the suggested amendment and adopts the following findings and conclusions: Findings: 1. 2. 3. Circumstances have not changed since adoption of the Comprehensive Plan. The proposed amendment is not necessary to clarify existing policy. As written, Policy 1.8 of the NMTP remains consistent with widely held community values. 16. The Council finds that the Land Use and Zoning Map amendments adopted herein have been subject to environmental reviewand 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 16, 2000, the City's. SEP A Responsible Official issued a mitigated determination of Non significance (MDNS) for the legislative amendments adopted herein, which became final on August 31, 2000. 17. The Council finds that the Land Use and Zoning Map 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. 18. Consistent with the requirements of the GMA, Building and Community Development Department staff forwarded the proposed amendments to the Plan and Zoning Cod"e 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 (§36.70A106). DCTED stated their support for approval of both the rezone of Block 283 and the amendment to Policy 1.8 of the NMTP in a letter to the Mayor dated October 23,2000. 19. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible with the 13 state-wide planning goals contained within the GMA (§ 36.70A020 RCW). 20. 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. 21. Based upon the foregoing findings, the Council finds that adoption of the following amendments to the Official Land Use and Zoning Maps 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 36.70ARCW, 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, which are marked as EXHIBITS A and B, and which are available in the official records of the city, and located in the Office of the City Clerk, and by this reference made a part hereof. 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. The amended maps reflect a rezone of the Block 283 of the Eisenbeis Addition to R-Ill (Multi-family Residential). SECTION 3 PREPARATION OF REVISED COPIES OF THE LAND USE MAP OF THE PORT TOWNSEND COMPREHENSIVE PLAN AND COROLLARY AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND Copies of the revised Land Use and Zoning Maps, incorporating the rezone of Block 283 of the Eisenbeis Addition from M-C (Mixed Commercia//Light Manufacturing) to R-Ill. (Multi-family residential) 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. SECTION 4 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 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 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 6th day of November, 2000. By eoff Masci, Mayor ATTEST: Approved as to fonn: ~;;:tf)!CJ John~Watts, City Attorney First reading: Nov· (p) lDOD Second reading: II/(1V. (p. 2. 000 Third reading: ¡t/cJl/. (PI 2tJ()~ Passage: ¡1)óv, (P ) ¿OðO Publication: Nov· IS) ¿006 Effective: A)()/I· Z"J 2000 Transmitted to DCTED: Nov. 20 ,2000 Ordinance No.: 2749 COMPREHENSIVE PLAN ADOPTION ORDINANCE NO. 2749 NOVEMBER 6, 2000 ATTACHMENTS TO ORDINANCE 2749 NOT SCANNED