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Home My WebLink About04-054 Resolution No. 04-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND APPROVING LUP04-021, A SITE SPECIFIC, QUASI-JUDICIAL REQUEST BY THE CITY OF PORT TOWNSEND 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 PROPERTY LOCATED AT THE INTERSECTION OF WILSON AND 22ND STREETS FROM R-II TO P/OS. The City Council of the City of Port Townsend, Washington finds as follows: 1. 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). 2. Consistent with 20.04.050(A) PTMC, fonnal applications for site specific, quasi-judicial amendments to the Plan and Zoning Code must be fonnally considered during the City's annual Plan and development regulation review and amendment cycle. LUP04-021 is such a formal application. 3. By way of LUP04-021, the applicant, the City of Port Townsend, has fonnally requested that the city-owned property at the intersection of Wilson and 22nd Streets be rezoned from R-II, Single-Family Residential (up to 8 d.u. per acre), to PIOS, Existing Park or Open Space. Approval ofthe application requires amendment to the Land Use Map of the Port Townsend Comprehensive Plan and the Official Zoning Map adopted pursuant to Title 17 PTMc. 4. After timely and effective public notice, LUP04-021 was the subject of a public workshop meeting on July 29, 2004, to review the proposed redesignation and rezone in preparation for fonnal 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. After timely and effective public notice, LUP04-021 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 of the Planning Commission's deliberations during this meeting are incorporated herein by this reference. 6. 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 ofthe City Council (the Council). At that meeting, the Planning Commission unanimously recommended the approval of LUP04-021. 7. On September 7, 2004, the Planning Commission fonnally transmitted its recommendations concerning LUP04-021 to the City Council. 1 Resolution 04-054 8. 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 concerning LUP04-021, in preparation for the Council's subsequent public hearing on the proposed redesignation and rezone. 9. 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. 10. As described in findings 18 through 21 of Ordinance Number 2879, the Council elected to temporarily defer adoption of this Resolution 04-054, as well as Ordinance Number 2879. 11. On February 7, 2005, and after timely and effective notice, the Council held a public meeting to fonnally adopt with modifications the various findings, conclusions and recommendations of the Planning Commission. 12. Findings 13 through 23, below, are based upon the Planning Commission's findings, conclusions and recommendation transmitted September 7, 2004 relating to LUP04-021, and fulfill the requirements of20.04.080 PTMc. 13. The property subject to LUP04-021 is an approximately 8,100 square foot site consisting of gently sloping land at the intersection of Wilson and 22nd Streets, having been previously landscaped and maintained as a public, neighborhood pocket park. The existing use is park and open space, consistent with the property transfers and street vacation approved by the Port Townsend City Council on January 24,2004 under Ordinance No. 2849. 14. LUP04-021 has been reviewed through a SEP A 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. 15. Properties to the north, west and south ofthe site subject to LUP04-021 are in private ownership and are designated R-II, Single-Family Residential. Property to the northeast of the site lies within the Mason's Cemetery, and is designated PI!, Public/Infrastructure. 16. 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. At the time of initial adoption of the Port Townsend Comprehensive Plan (1996) and Zoning Code (1997), the subject site was not in City ownership and was not used for park and open space uses. 17. Development potential under the P/OS zone is lesser in scale of allowable development and the potential range of uses is narrower than is the case under the R-II zone. Since the site is already developed with uses that would conform to the P/OS zone, no change in traffic generation is assumed to result from the proposal, and no impacts upon the City's concurrency standards have been identified. 2 Resolution 04-054 18. The site is physically suited for P/OS uses. Additionally, the site is identified in the City's Non-Motorized Transportation Plan as a location for a pedestrian trail, the Port Townsend Parks and Recreation Advisory Board recommended establishment of the park, and the City Council established the park via Ordinance 2849. 19. The Draft Port Townsend Comprehensive Plan and Draft Environmental Impact Statement (the "Draft Plan/DEIS") dated January 10, 1996, identified a shortfall in neighborhood parks and active recreational fàcilities, and indicated that additional community parks would be needed in Port Townsend by the year 2014 to maintain current levels of service (page XI- 71). The subject site in LUP04-021 is approximately 8,100 square feet in size. Changing the designation from R-II to P/OS will enable the City to more closely meet the demand for neighborhood park and recreational land. 20. Adequate public services are available to the site, and no impact on these services is anticipated as a result of changing the designation from R-II to P/OS. 21. Changing the land use and zoning designations applied to the site from R-II to P/OS is consistent with the Plan: a. The site is currently designated for R-II uses, but is a City-owned public park in current public use as park and open space; b. The description ofthe PIOS designated on page IV-II ofthe Land Use Element of the Plan states that the designation "includes existing City. . . owned parks"; c. The current zoning ofthe site, R-II, allows a range and intensity of uses incompatible with long-term public use as park and open space land; and d. The Comprehensive Plan also identifies a shortage of community and neighborhood park and recreational facilities (Draft Plan/DEIS page IX - 71 ). Taking all of these factors into consideration, the City Council concludes that P/OS is a more appropriate land use designation and zone. 22. lt is unlikely that changing the designation from R-II to P/OS will result in pressure to change the designation of other properties, since the site is the only City-owned vacant land in the vicinity that could conceivably be put to park and open space use. 23. LUP04-021 is consistent with, and reflective of, the values ofthe community at large. 24. Approving the proposal to change the designation of the subject site from R-IT to P/OS is wholly consistent with the Growth Management Act (Chapter 36.70A RCW), and the County- Wide Planning Policy for Jefferson County. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Port Townsend as follows: 1. Based upon the above findings, the City Council hereby approves the map redesignation and rezone set forth in LUP04-021, depicted in Exhibit "A," attached to the Planning Commission's transmittal of September 7, 2004, and legally described in Exhibit "B," attached thereto. 3 Resolution 04-054 2. The City Council directs that fonnal Land Use Plan Map and Official Zoning Map amendments be included in Ordinance No. 2879 to implement this approved change in ZOnIng. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 7th day of February 2005. taJJ- 'L(2£: ~ Catharine Robinson, Mayor Attest: Approved as to Form: ~~~UT1 Pamela Kolacy, CMC, City Clerk :J- ~~ v John P. Watts, City Attorney 4 Resolution 04-054