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HomeMy WebLinkAbout2913 Lot Area and Amending Regulations for Lots Affected by Statutory Vacation ORDINANCE 2913 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING A SUBSECTION OF 17.08.040 I THROUGH M, DEFINITION OF "LOT AREA," AND AMENDING SECTION 17.16.030 BULK, DIMENSIONAL AND DENSITY REQUIREMENTS, OF TITLE 17 ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE, RELATING TO SETBACKS AND DEVELOPMENT REGULATIONS OF LOTS AFFECTED BY STATUTORY VACATION WHEREAS, in 1996, by Ordinance 2539, the City adopted a comprehensive plan pursuant to the requirements of the Growth Management Act (Chapter 36.70A RCW); and WHEREAS, in 1997, by Ordinance 2571, the City adopted a zoning code to implement the comprehensive plan, pursuant to the requirements of the Growth Management Act (Chapter 36.70A RCW); and WHEREAS, the comprehensive plan created residential designations and the zoning code created residential districts of low density (generally, 10,000 square foot minimum lot size, or 4 dwelling units per 40,000 square feet), and medium density (generally, 5,000 square foot minimum lot size, or 8 dwelling units per 40,000 square feet); and WHEREAS, the comprehensive plan and zoning code were based substantially on the fact that many small city lots in Port Townsend had been created by plats that dated to the 19th Century. ("During the Victorian era of the late 19th Century, over 14,470 small city lots were platted, typified by the 50' by 100' parcel." Comprehensive Plan, Introduction, II-5.) The comprehensive plan recognized these 19th Century plats resulted in many unimproved rights of way. ("Most of Port Townsend's unimproved streets were platted in the late 1800s." Comprehensive Plan, Transportation Element, VI-5.) As shown on the comprehensive plan map and zoning map, the City is substantially laid out in a grid pattern of 40,000 square feet blocks comprised of eight 5,000 square feet lots, with rights of way running between blocks and connecting to rights of way in . adjacent plats. Many plats forming the grid pattern were platted in the late 1800s; and WHEREAS, in 2002 the City first became aware of the potential application of statutory vacation to certain rights of way in the City (State of Washington Laws of 1889-1890, Chapter 19, section 32, "statutory vacation statute"). Statutory vacation provides, generally, that any county road which remains unopened for public use for a period of five years after the order is made granting authority to do so shall be vacated. Under a 1907 ruling, statutory vacation applies to streets dedicated in plats. A nUll1ber of plats that are currently in the City limits were platted, while in the County (before apnexation) and are apparently subject to statutory vacation; and . 1 Ordinance 2913 WHEREAS, since becoming aware of statutory vacation, the City has released its interest in several unopened streets. The release of the City's interest has not resulted in any increase in density. Statutory street vacation in unopened streets may result in increased density as a result of utilizing property that is shown as right of way on the comprehensive plan and zoning code. Instead of an R-II density of eight dwelling units on a 40,000 square foot block, separated by rights of way, there exists the potential (as a result of statutory vacation) for additional lots to be created utilizing vacated unopened rights of way, without being separated from adjacent blocks by platted rights of way; and WHEREAS, increased density that results from statutory vacation was not considered or planned as part of the adoption of the City c~mprehensive planning, zoning, or development regulations, and is not consistent with the comprehensive plan residential designations and zoning code residential districts in the comprehensive plan and zoning code, which are based in substantial part on density within 40,000 square foot blocks in existing plats. ("The following categories and land use designations have been used in developing the Land Use Map, and are described more fully below. Residential Designations: Low density: R-I up to 4 d.u. per acre (i.e., 10,000 s.f. minimum lot size); medium density: R-II up to 8 d.u. per acre (i.e., 5,000 s.f. minimum lot size), etc. Comprehensive Plan, Land Use Element, IV- 4.); and WHEREAS, regulating development and limiting structures in statutorily vacated rights of way serves to preserve the character of residential neighborhoods planned-for under the City's comprehensive plan, zoning and development regulations, and avoids a monotony of densely packed neighborhoods (unlike the comprehensively planned-for development pattern of residential blocks separated by open areas); and WHEREAS, regulating development and limiting structures in statutorily vacated rights of way serves to preserve the "small town character" of Port Townsend. ("The overriding objective of the [Comprehensive] Plan is to maintain and enhance Port Townsend's' special character and small town atmosphere." Comprehensive Plan, Introduction, II-4. "The [R-I] designation accommodates single-family development at densities that maintain and promote the "small town" character of Port Townsend, while ensuring that the environmental quality (particularly as it relates to stormwater control) of the area is not adversely impacted." And: "The R-II designation corresponds closely to those areas of town that are currently platted to 8 lots a block, include few development limitations, and which are in proximity to existing public facilities and services." (Comprehensive Plan, Land Use Element, IV- 5); and WHEREAS, the comprehensive plan provided that "higher densities and more creative site design and development may be allowed through a Planned Unit Development (PUD) approval," taking into account the site's natural constraints, the character and density of surrounding areas, and proximity to arterial, and other planning amenities (Comprehensive Plan, Land Use Element, IV- 6), but makes no provision for increased density resulting from statutory street vacation; and 2 Ordinance 2913 WHEREAS, the City comprehensive plan meets its population allocations under GMA (RCW 36.70A) and there is no need to provide for increased density under GMA. ("... .Port Townsend has an abundant supply of land suitable for residential uses, and the City is not likely to approach build-out within the next 20 years." Comprehensive Plan, Land Use Element, IV-I.); and WHEREAS, preserving existing residential land use patterns and preventing development that is inconsistent with the comprehensive plan serves to protect neighborhood property values, and maintains neighborhood character from changes that would adversely affect surrounding properties and surrounding properties' property values; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Purpose/Findings. The Council adopts the statements made above in the recitals as findings setting forth the need for this ordinance. SECTION 2. Amendment - Setback and Minimum Yard Requirements. Section 17.16.030 Bulk, dimensional and density requirements are amended to read as follows (strike is deleted, underline is added): See attached Exhibit A SECTION 3. Amendment - Lot Area. Section 17.08.040 I through M (Definitions) are amended to read as follows (strike is deleted, underline is added): See attached Exhibit A SECTION 4. Exemption. This ordinance shall not apply to vested permit applications. SECTION 5. Severability. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. SECTION 6. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. 3 Ordinance 2913 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this seventeenth day of October, 2005. c~.:2~.,~ Catharine Robinson, Mayor Attest: ?t:;( -~ John P. Watts, City Attorney 4 Ordinance 2913 Exhibit A 1. Section 2. SETBACKS IN RESIDENTIAL ZONING DISTRICTS 17.16.030 Bulk, dimensional and density requirements. A. The standards contained in Table 17 .16.030 apply to all residential zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title. B. Exceptions. The rear setbacks provided in Table 17.16.030 shall not apply to accessory structures smaller than 120 square feet in building coverage and 10 feet in height; provided, that all such accessory structures shall be a minimum of five feet from rear lot and/or property lines. C. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as defined in Chapter 17.08 PTMC; In addition. there shall be a five (5) foot setback measured the closest edge of a public or private easement for ingress or egress. Provided, however, that the roof or eaves of a roof of a building may extend beyond the building line a maximum distance of two feet into the applicable minimum yard area. Lot line for purposes of this section means the lot lines established for the lot by a plat. or subdivision. and does not include any line or boundary encompassing property that may be part of the lot or attach to the lot by reason of a street vacation resulting from the effect of statutory vacation (State of Washington Laws of 1889-1890. Chapter 19. section 32. "statutory vacation statute"). Easements include easements evidenced by conveyance. or recorded plat (unless extinguished by judicial determination and owner provides a copy of title insurance without any exceptions for easements whether or not of record title). D. Fences. An owner. who provides the City satisfactory evidence of title to any right of way vacated by statutory vacation. may erect fences in accordance with the Port Townsend Municipal Code in the former right of way. Satisfactory evidence of title shall be a policy of title insurance or other documentation satisfactory to the City Attorney that the owner owns the property in fee simple with no exceptions or encumbrances for easements. ingress or egress whether or not of record title. l:};-~Construction and Permits. From and after the effective date of the ordinance codified in this section, no building permit shall be issued and no building shall be constructed on any tract, lot or site in the city unless the building is situated on such tract, lot or site in conformance with the requirements of this title and any other applicable provision of law. 2. Section 3. DENSITY 17.08.040 I through M. 1 Exhibit A to Ordinance 2913 "Lot area" means the total horizontal area within the boundary lines of a lot. Where utility or private access easements are located within a parcel, lot area computation shall include that area contained within the easement. Where public street rights-of-way are located within or bordering a parcel, lot area computation shall not include that area contained within such rights-of-way. Lot area does not include any property that may be part of the lot or attach to a lot by reason of a street vacation resulting from the effect of statutory vacation (State of Washington Laws of 1889-1890. Chapter 19. section 32. "statutory vacation statute"). 2 Exhibit A to Ordinance 2913