HomeMy WebLinkAbout3104 Amending Certain Sections of Chapter 20.04 of PTMC Comprehensive Plan Ordinance 3104
Amending PTMC 20.04
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Ordinance No. 3104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 20.04
OF THE PORT TOWNSEND MUNICIPAL CODE PORT TOWNSEND
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
AMENDMENT PROCESS
WHEREAS, Port Townsend Municipal Code PTMC Chapter 20.04 sets forth the process
by which the City's comprehensive plan and development regulations are amended; and
WHEREAS, pursuant to PTMC Chapter 20.04 from 1998 to 2002, each year, the City
conducted an annual amendment process and the Planning Commission conducted an annual
assessment as part of the Comprehensive Plan amendment process; and
WHEREAS, since 1998,the City has considered over twenty-five (25) site specific
rezone requests and forty-five 45 suggested amendments; and
WHEREAS, in 2002, recognizing that conducting Planning Commission assessments and
considering suggested comprehensive plan amendments on a less frequent basis would allow
City staff the Planning Commission and City Council to dedicate more time to implement the
Comprehensive Plan adopted goals and policies, in 2002 the City Council adopted Ordinance
2824 amending the Comprehensive Plan amendment process; and
WHEREAS, the 2002 amendments were based on the then, seven year update cycle; and
WHEREAS, the Revised Code of Washington RCW 36.70A.130 was amended in 2011
to require cities within Jefferson County to update their comprehensive plans by June 30, 2016
and at least every 8 years thereafter; and
WHEREAS, pursuant to WAC365.196.610(3)Comprehensive Plan update processes
cannot overlap; and
WHEREAS, Section 20.04.090 Land use code text revisions currently requires Planning
Commission review of amendments to Titles 17, 18, 19 and 20 of the Port Townsend Municipal
Code. Titles 17, 18,and 19 contain substantive development regulations while Title 20
Administration of Land Development Regulations is procedural;and
WHEREAS, the City's State Environmental Policy Act SEPA Responsible Official
determined the amendments to be procedural in nature only and therefore exempt from SEPA
environmental review per WAC 197-11-800(20).
WHEREAS the Planning Commission after timely notice held a public hearing to accept
public testimony on this matter on January 23, 2014 and recommended to the City Council on
this matter that PTMC Chapter 20.04 be amended to be consistent with the state mandated
Ordinance 3104
Amending PTMC 20.04
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periodic update (RCW 36.70A.130); continue to limit annual updates to certain types of
amendments; and provide for review of suggested amendments and periodic assessment of the
Comprehensive Plan to occur at least every eight years and more frequently as may be directed
by Council; and
WHEREAS, the City Council determines that PTMC Chapter 20.04 provides a regular
and predictable process for the amendment of the City's Comprehensive Plan;
NOW THEREFORE 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 1. The title, index and text to Chapter 20.04 is hereby amended as indicated in
Exhibit A (strike is deleted underlined is added).
SECTION 2. 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 3: Transmittal TO DOC. The City Clerk shall transmit a copy of this Ordinance to
the State Department of Commerce (DOC) within ten (10) days of adoption of this ordinance.
SECTION 4. 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 there of consisting of the title.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting
thereof, held this 18th day of February 2014.
)zax r
David King, May
Attest: Approved as to Form:
Pamela Kolacy, MMC John P. Watts
City Clerk City Attorney
Exhibit A to Ordinance 3104
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1
2
3
4
5 I A t+.,,.>..mei4 A\
6
7 Chapter 20.04
8 PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT
9 REGULATIONS AMENDMENT PROCESS
10 Sections:
11 20.04.010 Amendments— Definitions, pRurpose and introduction.
12 20.04.020 Amendment Cycles;recess G`nherJ ile for ameRdrne —Cumulative effects
13 must be considered.
14 20.04.030 Exceptions to the annual amendment process.
15 20.04.035 Schedule for GMA periodic updates, annual and suggested and formal
16 nomprehensive plan amendments !z.,. updates.
17 20.04.040 Applications for comprehensive plan amendment—Formal and suggested
18 amendments.
19 I 20.04.050 Compilation of preliminary docket—Planning Csommission assessment.
20 20.04.060 Process for selection of amendments to be considered during suggested
21 amendment cycles—Setting the docket— Public notice.
22 20.04.070 Review of proposed amendments—SEPA—Transmittal to state.
23 I 20.04.080 Review of final docket by Pplanning Csommission and Csity Csouncil—Public
24 notice.
25 20.04.090 Land use code text revisions.
26 20.04.010 Amendments—Definitions, pPurpose and introduction.
27 A. Definitions. The following definitions shall apply throughout this chapter:
28 1. Department shall mean the Development Services Department.
29 2. "Director" shall mean the DSD director or his/her designee.
30 B. Purpose. The purpose of this section is to establish a process by which the City reviews and
31 amends the comprehensive plan or land use map in accordance with the provisions of the Growth
32 Management Act(GMA) in order to respond to changing circumstances or needs of the city.
33 This chapter also establishes the city's public participation program as required by RCW
34 36.70A140. The purpose of this nhapter is to establish proved gyres for amending the Dort
35 Townsend Comprehensive Plan, defined foF the purposes of this GhapteF as inGluding the plan
36 text andler the land use map. The Growth MaRagernent AGt(GMA) generally requires
37 amendments tG GOMpFeheRSive plans GGGUr at least enGe every seven years (by DeGember 1,
1
Exhibit A to Ordinance 3104
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1 2004, and every seven yeaFs theFeafter) and ne rnere frequently than enGe per year, eXGe_Pt-i=R
2 omornonGy situations T
3 Pursuant to the GMA, the city must periodically review and if needed revise its comprehensive
4 plan and development regulations to ensure that they comply with the GMA as per the schedule
5 provided in RCW 36.70A.130. The city may consider proposed amendments no more frequently
6 than once every year with limited exceptions (See PTMC 20.04.030).
7 This chapter is intended to provide a process based upon the GMA periodic update a seven year
8 anent cycle that includes: (1) an annual process with timelines and procedures whereby
9 property owners, their agents or project proponents may submit applications for formal, site-
10 specific amendments to the comprehensive plan; (2) a process whereby the city will compile and
11 maintain a preliminary docket of proposed suggested amendments to be processed during the
12 GMA periodic update or more frequently as may be directed by Council to the nmmprehonciye-
13 PlaR GGAnGiding with seven yeaF plan updates and mod GyGle assessrneRtS (see Table 20.04.035),
14 and then select which proposed suggested amendments will be placed on the final docket for
15 review; and (3) criteria for review of the final docket by the Pplanning Csommission and Csity
16 Csouncil. This chapter also provides a process for the Pplanning Csommission to periodically
17 monitor and assess the comprehensive plan, and based on this review to recommend
18 amendments (if any)to the plan as port of the even year update and mid nvrle assessment
19 presess.
20
21 B. Public Participation. The public participation process set forth in this chapter is intended to
22 solicit from the public suggested amendments to the Port Townsend Comprehensive Plan for
23 future consideration, and to provide an opportunity for public comment on any proposed
24 amendments. This is achieved by early and continuous public involvement with broad
25 dissemination of proposals and alternatives, opportunity for written comments, public meetings
26 after effective notice, provisions for open discussion, information services, and consideration and
27 response to public comments.
28 C. Planning Commission Role. The Pplanning Csommission shall make recommendations to the
29 Csity Csouncil on all comprehensive plan matters, including amendments to the plan text and
30 land use map, development regulations and sub-area plans. To this end, the Planning
31 Commission shall conduct such assessments and hearings as are required by this chapter and
32 shall make findings and conclusions therefrom which shall be transmitted to the director which
33 shall transmit the same on to City Council with such comments and recommendations deemed
34 necessary.
35
2
Exhibit A to Ordinance 3104
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1 I D. Applicability of Chapter 20.01 PTMC. Updates, aAmendments or revisions to the
2 comprehensive plan text, the land use map, and the development regulations are legislative,
3 Type V decisions under Chapter 20.01 PTMC, and particularly PTMC 20.01.060 and 20.01.070.
4 Accordingly, all applicable provisions of that chapter apply to the decision-making process
5 adopted in this chapter, regardless of whether they are specifically referred to herein. (Ord. 2824
6 §2, 2002; Ord. 2559§ 1, 1996).
7
8 20.04.020 Amendment cycles —Cumulative effects
9 must be considered.
10 A. GMA Periodic Update. Pursuant to the GMA, the city must periodically review and if
11 needed, revise its comprehensive plan and development regulations to ensure that they
12 comply with the GMA, as per the schedule provided in RCW 36.70A.130. Often, this is a
13 multi-year/multi-phase effort which begins with analytical work and scoping and
14 culminates in public hearings to review draft documents.
15
16 B. Annual Amendment Docket. In addition to the GMA Periodic Update, the city must
17 consider certain types of amendments for docketing on an annual basis. A.
18 Amendments PrOGeSS.The following types of amendments shall be docketed and
19 considered on an annual basis:
20 _ €*sept as provided in PTMC 20.04 039 formal appl.Gat sto arnendtppte�d e#4he
21
22 frequently than enno every year._per the schedule outlined in Table 20.04.035; e !nn Lid- hat
Pr"" , v, that
23 nreposed amendments relate to
24 1. a-sSite-specific"formal' applications-prepesal timely filed and . n.
25 must be accompanied by a filing fee cot forth in Ghapter 7n n0 DTMG
26 2. Time sensitive mandated amendments as determined by the Director of Development
27 Services; and
28 3. Amendments necessary to address a deficiency in the comprehensive plan or
29 development regulations identified during project review(pursuant to RCW
30 36.70A.470(3)) provided if resources are unavailable, the amendment could be carried
31 over.
32
33 C. Suggested Amendment Cycle - In recognition of limited resources and consistent with
34 WAC365.196.640 (6), suggested amendments shall be compiled by the Director and
35 forwarded to the Planning Commission for consideration on the final docket per the
36 procedure set forth in Section 20.04.060. This review shall take place during the GMA
37 periodic update or as may be directed by Council pursuant to Section 20.04.035B.
38
3
Exhibit A to Ordinance 3104
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1
2
3 Gity GGunG*l GonGUrrently with a GGheduled seven year update eF mid GyGle assessment per Table
4 20.04.035.
5 D. Update Processes Shall Not Overlap—Pursuant to WAC365.196.610(3)the GMA periodic
6 review and annual amendment docket may not overlap. Given that the GMA periodic update is a multi-
7 year/multi-phase process, it may interrupt the annual amendment cycle. During the first phase of a
8 GMA update,where the focus is primarily data analysis, an annual amendment process may be
9 processed on a parallel track. However, during Phase II of a GMA update where the focus is primarily
10 policy development, the annual docket must be combined with the broader GMA docket or postponed
11 until the year following the update.
12
13 E. Except as provided in PTMC 20.04.030, comprehensive plan amendments shall not be
14 considered by the City Council more frequently than once every year.
15
16 FO. Cumulative Effects. Proposals for plan amendment shall be considered concurrently so that
17 the cumulative effect of all items on the final docket will be ascertained. Proposals may be
18 considered at separate meetings or hearings, so long as the final action taken considers the
19 I cumulative effect of all the proposed amendments to the comprehensive plan. _(Ord. 2824 §2,
20 2002; Ord. 2559 § 1, 1996).
21 20.04.030 Exceptions to the annual amendment process.
22 A. Exceptions. In addition to the annual amendment process specified in PTMC 20.04.020 and
23 20.04.035, the Csity Csouncil may amend the Port Townsend Comprehensive Plan in any of the
24 following circumstances:
25 I 1. The Csity Csouncil may initiate amendments to the comprehensive plan during each
26 annual amendment. An affirmative vote of not less than a majority of the total members of
27 the Csouncil is required to initiate consideration of such an amendment. During formal
28 amendment cycles per Table 20.04.035, the Csouncil shall enter a finding that to wait until
29 the next suggested amendment cycle would be detrimental to the public's interests.
30 Council-initiated amendments shall be automatically placed on the docket and shall be
31 considered in the next scheduled annual amendment process. The Ddirector of long range
32 planning and the Pplanning Csommission may request the Ceity Csouncil initiate a
33 particular amendment during the next annual amendment process;
34 2. Resolution of an emergency condition or situation that involves public health, safety or
35 welfare and when adherence to the annual amendment process would be detrimental to
36 public health, safety or welfare;
37 3. Initial adoption or amendment toof an identified subarea plan or functional plan that does
38 not modify the comprehensive plan policies and applicable designations applisable to tl�e
39 subarea. Plans adopted under this subsection must clarify, supplement, or implement
1 4
Exhibit A to Ordinance 3104
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1 jurisdiction-wide comprehensive plan policies, and may only be adopted if the cumulative
2 impacts of the proposed plan are addressed by appropriate environmental review;
3
4 4. Resolution of a decision by an administrative agency or court of competent jurisdiction.
5 Situations involving official legal or administrative action (such as decisions by the Western
6 Washington Growth Management Hearings Board, or the state or federal courts, actions of
7 a state agency or office, or the State Legislature) affecting Port Townsend will be reviewed
8 I by the Pplanning Csommission with advice from the city attorney's office to determine if an
9 appropriate"emergency" exists, necessitating an emergency comprehensive plan
10 amendment;
11 5. The correction of unintentional mapping "errors" on the city's official zoning, shoreline,
12 nonmotorized, critical areas, or other regulatory or planning maps;
13 6. The adoption or amendment of the city's shoreline master program under the procedures
14 set forth in Chapter 90.58 RCW; and
15 7. The amendment of the capital facilities element of the comprehensive plan that occurs
16 I concurrently with the adoption or amendment of the city's budget. -(Ord. 2892 §2, 2005;
17 Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).
18 20.04.035 Schedule for GMA Periodic Updates, Annual, and
19 Suggested AmendmentsGomprehnnsiye plan amnndmnn4c and updates
20 A. Responsibility. The Director shall have the responsibility to manage the preliminary docket as
21 set forth in this section and assure that the process and schedule set forth herein are followed.
22 B. On or before December 15 of each year, Council may elect to open the next annual
23 amendment process to suggested amendments. This decision shall be made by resolution no
24 later than December 15 of the preceding year to ensure notice required in 20.04.035C includes
25 call for suggested amendments. Council action should be based upon consideration of available
26 resources to review amendments and implement the comprehensive plan.
27 C. The public shall be made aware of the deadline to submit proposed amendments to the
28 comprehensive plan by means of two publications in the local newspaper of general circulation in
29 the city, with the first notice published at least 30 days prior to the deadline.
30 A. Table 20.04.035 establishes PFOGesses and yearly fer the ameRdment and
31 assessment of the Port Townsend GempreheRsive Plan. Prk)r to 2002, GompFehensive plan
32
33 The GGhedule of amendmeRts and assessments per Table 20.04.035- wAr-'rease-s the tame betwe
5
Exhibit A to Ordinance 3104
Page 6 of 19
1 suggested amendment GyGles and plan assessments i.vhiltm ;;IIP4'A'�ing fermal site speGift_
2 amendments to he proposed on an annual basis
3 DB. State Mandat C°��°ocven--rVea-rrGMA Periodic Updates.
4 EaGh seven year update shall be P-e-nd-ur--ted pursuant to RGVV 36.70-.A..I 3_0 and- the PFOGedures
5 sonafined in this chapter. The city shall take action to review and, if needed, revise the
6 comprehensive plan and development regulations in accordance with the schedule adopted in
7 RCW 36.70a.130 (5) b and the procedures contained in this chapter. The scope of work for each
8 GMA seven-year periodic update may vary depending upon applicable state mandates and local
9 needs.
10 EaGh seven year update may inGlude, but not be limited to, the following werk
11
12 pregrar
13 2. Review of state growth management amendments adepted sinGe last seven year
14 update;
15 3. Review Of GOMprehensive plan fE)F GensistenGy with adepted GOunty wide planRiRg
16 nolinies and the GURty oemnrehen_sive plan;
17 4. Review of U.S. Census data, population pFGjeGtoc)nq.fmarn the state OffiGe of FinanGial
18 Management and lor•al data on grevAh trends;
19 5. Update of the plan's database inr--luding exi6tiRg GGndditibncs; a3nd inventories;
20 6. Review of text, tables, goals, and PG"Gies Of the GGmprehensive plan against t
21 assessment Griteria ofTTry G 2 n
0.ni)��r
22
23 EG. Site-Specific Amendments/Amendments necessary to correct a deficiency identified during
24 project review. Site-spe^itin amendlmentc may be proposed annually consistent with the
25 processes and requirements of PTMC 20.04.040 for"formal' applications.
26 F9. Suggested Amendments. The Gonsidleration of Suggested amendments shall only be
27 considered for docketing uring Phase I of the
28 GMA periodic update se^end phase of oanh seven year update and to yeaFS norrespend'ng to
29 mid GyGle assessmentsunless otherwise directed by Council pursuant to 20.04.0356..-The
30 limitation on suggested amendments is intended to allow for increased implementation of the
31 comprehensive plan and consideration of suggested amendments in a more concerted fashion
32 with broader public participation.
1 6
Exhibit A to Ordinance 3104
Page 7 of 19
1 G€. Planning Commission Assessment. Conducted pursuant to PTMC 20.04.050(C) during the
2 first phase of each seven-y-e gMA periodic update and in interim years as may be directed by
3 CouncN irinn eaoh mid GyGle assessmen+ Intended to periodically assess changes in the
4 community and whether amendments to the comprehensive plan are warranted.
5 _F. Implementation. The PrGGess and timelines Of GOMprehensive plan amendments speGifiediR
6 Table 20.04.035 inGlude refeFenGes to plan During implementation GyGles,
7 suggested aMeRdments to the GOFnprehensive plan will not be Gonsidered and planning
8 ssessments of the plan will not be Gendur--terd. Theq_e"off-yeaFs"will be devoted to
9 other planning tasks inGluding implementation of adepted goals and peliGies of the
10 i+omnrehensbye plan
11 G. Years Not Spe6fied. Table 20.04.035 provides a yearly GGhedule of amendments through yeaf
12 2022. it is intended that this pattern of amendments be n-entinued- beyand 2022 unless etheAA4
13 amended.
Jable 20.04.035: Schedule for Suggested and FGFMaI ComprehPnrh.fP Plan Amendments
an Updates
Formate- c.., Planning
Yea{" Implementation/Update.A Gtiyity SpeG*^G. mendm el Commission
A menrinntc
Amendments Assessment
IDO3 Dhow 1 of seven year plate Ye-s NO NO
( 2004 Phase II of c Ye-s Yes NG
2005 Implementation Yes No 116
2006 Implementation Yes No No
2-OW Mid_ovnle assessment Yes Yes. Yes
2008 Imnlementa+inn Yes N49 NG
2-0� Imnlementatinn Ye-s NG Na
2010 Dhxo 1 of coven yeaF pd Yes No
( 2011_ Phase 11 of seven-year update Yes Yes No
241-2 Implementation Yes NG
I2013 Implementation Yes 118 119
2014� Mid_oYole assessment Yes Yes Yes
' � Imnlementa}inn -i--es NO NG
Exhibit A to Ordinance 3104
Page 8 of 19
244-6 lmnlemen}o}inn Yes Ne N6
1 2017 Dhow 1 of seven-year i inrlo}e Yes N-G Yes
2018 Dhow 11 of seyen_year unrlo}e Yles Yes 1-@
20 0 '�''f.g1plemonm�. }�rn. Yes NG No
2021- Mid GyGle ass-___. Ye6 Yes Yes
-2-0 2 lmnlomon. .ion Yes 9G NO
1
2 the GOMprehensive plan. IRstead, plan i - assmeents will GGGUF less frequently
3 and shall GGGUr during Phase I P_f P_ar__h seven year update and R-1-se during eaGh Mid GyGle
4 assessment beginning in 2007
5 (Ord. 2824 § 3, 2002).
6 20.04.040 Applications for comprehensive plan amendment—Formal and suggested
7 amendments.
8 A. Who May Propose an Amendment—Application— Fee.
9 1. Formal Applications. Any interested person, defined as proponents of land development
10 projects and/or property owner(s) or their authorized representative(s), may file a formal
11 application for an amendment to the comprehensive plan; provided, that the proposed
12 amendment relates to a site-specific proposal. Any such application must be accompanied
13 by the applicable a filing fee as se}forth in Chapter 2Q.09 PTMG Examples include
14 application to amend the land use and zoning maps (i.e., rezone); application to correct a
15 deficiency identified durinq project review.
16 2. Suggested Amendments. Anyone may suggest an amendment, which shall be added to
17 the"list of proposed amendments"to be maintained by the Ddirector of long range planning
18 and placed on the preliminary docket for Planning Commission's considerationed during
19 Phase I of a GMA update cycle or as may be directed by Council pursuant to
20 20.04.0358.}he next scheduled suggested amendment ryGlo per Table 2.n..04..0-) . In
21 general, suggested amendments should be limited to proposals that broadly apply to the
22 goals, policies and implementing strategies of the comprehensive plan, rather than
23 amendments designed to address site-specific issues of limited applicability. Whether such
24 amendments are placed on the final docket considered during the next sr.hpdi filer)
25 suggested amendment o"ole shall be governed by the process outlined in PTMC
26 20.04.060. No fee shall be required for such proposals.
8
Exhibit A to Ordinance 3104
Page 9 of 19
1
2 B. Amendment Deadline/Form. All suggested or formal amendments must be submitted to the
3 1 BGD department by MarGh February 1 st of the current year in order to be considered during that
4 year's amendment process per Table 20.04.035, except that city-sponsored amendments to the
5 capital facilities and utilities element of the comprehensive plan may be accepted later than other
6 proposed amendments because of their relationship to the city's annual budget process. Provided
7 however, that suggested amendments will be compiled by the Director and forwarded for review
8 only during Phase I of a GMA update cycle or as may be directed by Council pursuant to
9 20.04.035B. All proposed amendments shall be submitted on DepartmentRCD forms and include
10 the following information, as determined by the Department BGGD to be necessary to evaluate the
11 particular proposal:
12 1. Name and address of applicant;
13 2. A description of proposed plan amendment. Site-specific amendments shall provide
14 adequate information to show that development consistent with the proposed density and
15 uses is or can be served by existing or proposed infrastructure. Proposed site-specific
16 comprehensive plan amendments will be assumed to have maximum impact on the
17 environment and public facilities and services;
18 3. Proposed amendatory language, shown in a"bill" format(new language underlined;
19 language proposed for deletion in strikeout);
20 4. An explanation of why the amendment is being proposed;
21 5. An explanation of how the amendment and associated development proposals (if any)
22 meet, conflict with or relate to the criteria set forth in PTMC 20.04.080(A)(3);
23 6. A SEPA checklist(for site-specific applications); and
24 7. Any additional information deemed reasonably necessary by the Ddirector of lo,,ong rye
25 planning to evaluate the proposed amendment. (Ord. 2982 § 19, 2008; Ord. 2892 §2,
26 2005; Ord. 2824 §4, 2002; Ord. 2559 § 1, 1996).
27 20.04.050 Planning Commission Assessment-Compilation of preliminary docket—
28 on assessmepA.
29 A. Planning Commission Assessment of Comprehensive Plan.
30 1. Criteria for Assessment. Beginning in 2014, the Planning Commission shall assess and
31 monitor the comprehensive plan consistent with the schedule for GMA periodic updates
32 provided in RCW 36.70A.130 and in any intervening years as may be directed by City
9
Exhibit A to Ordinance 3104
Page 10 of 19
1 Council pursuant to 20.04.035B. . This assessment should be based on a consideration of
2 the following criteria:
3 a. Whether growth and development as envisioned in the comprehensive plan is
4 occurring faster or slower than anticipated, or is failing to materialize;
5 b. Whether the capacity to provide adequate services is diminished or increased;
6 c. Whether sufficient land is designated and zoned to meet projected demand and
7 needs;
8 d. Whether the assumptions upon which the plan is based are found to be invalid;
9 e. Whether changes in community-wide attitudes necessitate amendments to the
10 goals and purposes of the comprehensive plan and the basic values embodied within
11 the comprehensive plan community direction statement;
12 f. Whether sufficient change or lack of change in circumstances dictate the need for
13 an amendment; and
14 g. Whether inconsistencies exist between the comprehensive plan and the GMA or
15 the county-wide planning policy for Jefferson County or the Jefferson County
16 comprehensive plan.
17 B. Compilation of the Preliminary Docket
18 1A. The following types of amendments shall automatically be placed on the final docket:
19 a. Formal Applications for Amendments by Interested Persons. Site-specific fl=ormal
20 applications which are properly and timely filed will be automatically placed on the final
21 docket for consideration during the current annual amendment process.
22 b. Mandated amendments which require action within the amendment cycle will
23 automatically be placed on the docket.
24 c. Amendments necessary to address a deficiency in the comprehensive plan or
25 development regulations identified during project review(pursuant to RCW 36.70a.470
26
27
28 29. All Other Suggested Amendments. The long range planning depa+nmo^+ shallDirector shall
29 maintain for public review the list of suggested amendments made by citizens, the Csity Csouncil
30 or members of the Csity Csouncil, city staff, city departments or other agencies to be considered
31 during the next suggested amendment review cycle 20.0-4.0-2-r-
10
Exhibit A to Ordinance 3104
Page 11 of 19
1 a. During Phase I of a GMA Periodic Update, the director shall compile the suggested
2 amendments into a preliminary docket and forward it to the Planning Commission
3 together with his/her recommendation on scope and schedule for the update.
4 b. During an annual amendment process in which Council has elected to accept
5 suggested amendments pursuant to 20.04.0356, the director shall compile the list of
6 suggested amendments into a preliminary docket and forward the list to Planning
7 Commission by By March 31 st of eagh year in which suggested amendments will he
8 ronsirdererd per Table 20.04.035, this list of suggested amendments shall he
9 GeMpiled iRtQ a preliminary dGGket.
10 PTMC 20.04.060 sets forth the process for selecting which suggested amendments will be
11 placed on the final docket to go forward during suggested amendment review cycles pew
12 20.04.035.
13
14 G. Planning (`nmmissfC3n Assessment of Comprehensive Plan.
15 1. Graterma fn-FASSP-q-smtent. Beginning in 2007, the planning G()MMiSSiA-.R Shall assess and
16 Mn-n. itn—r the r--omprehensive plan during eaGh mid GyGle assessment and during Phase 1 0
17 eaGh seven year update per Table 20 04.035, with the eXGeptien Gf 2002 This a sessment
18 should he based- nn a nnnsirteratinn of the following nriteria.
19 a \A/hether growth and development as envisienerd in the nomprehensive plan is
20 GGG erring faster or slouier than antinipaterl er is failing to materialize;
21 b. Whether the oapaGity to prowpro ide adequate serviges is rdiminisherl or ingreased,
cr-v-`vcT.Taimm-rc�n ca'vr-n-ivr�ca
22 G. Whether GLIffiGient land is designated and Zoned to meet PFGjeGted demand and
23 needs;
24 rJ \Nhether the asst imptiens upon whiGh the plan is based are found to he invalid
25
26
27 the GGMprehensive plan nommi inky rdiregtien statement;
28
29 an amend menu and
30 g. Whether inGensistenGies exist between the GOMprehensive plan and the GRA A A
31
32 Gomprehensive plan.
11
Exhibit A to Ordinance 3104
Page 12 of 19
1 2. Tirnp-linp-s. The planning hall GOMplete its assessment Pf the PP
2 Tewnsend Comprehensive Plan by February 28th of eaGh mid GyGle a-s-sessment year, and
3 any FeGGrnmended. amendiments shall be forwarded te- the direr--telr of long range Planning
4 by MaFGh 16th. The direr--ter shall plaGe SUGh suggested amendments Gn the preliminary
5 doeket, to be rGo^sidered during the seleGtisn presess noutlined in DnC2g.^�AD-. (Ord.
6 2892 §2, 2005; Ord. 2824 §4, 2002; Ord. 2559§ 1, 1996).
7 20.04.060 Process for selection of amendments to be considered during suggested
8 amendment cycles—Setting the docket—Public notice.
9 A. Long Range Planning Department Review of Proposed Amendments. After compiling the
10 preliminary docket during suggested amendment Gyolescycles , the Ddirector
11 Of l^n^ range planning should make a recommendation as to which amendments suggested by
12 citizens, agencies or city departments he or she believes should be placed on the final docket for
13 consideration during the suggested amendment cycle.
14 B. Joint Workshop— Notice. During each suggested amendment cycle, the Csity Csouncil and
15 Pplanning Coommission may, but are not required to, hold a noticed joint workshop to serve as
16 an informational meeting between the two governmental bodies. If held, notice of the joint
17 workshop should be given by publication in the city's official newspaper at least 10 days prior to
18 the date of the workshop and by posting a copy of the workshop notice at City Hall, which shall
19 include a statement of the purpose of the joint workshop.
20 C. Planning Commission Hearing. The Pplanning Csommission shall hold a noticed public
21 hearing on the preliminary docket. Following the hearing, the Pplanning Csommission shall adopt
22 a recommendation, identifying those amendments which it is recommending for Csity Csouncil
23 consideration during each suggested amendment cycle. The deGiGien shall be based en an
24 evalyatiGR of the Reed, urgenGy, and appropriateness of eaGh suggested amendment.-The
25 Pplanning Csommission shall take a vote on each suggested amendment to recommend or not
26 recommend docketing to the Csity Csouncil. Recommendations on whether an item shall be
27 included in the annual docket should be based on the following criteria:
28 (1)The proposed amendment presents a matter appropriately addressed through the
29 Comprehensive Plan; and
30 (2) The proposed amendment can be reasonably reviewed within the available
31 resources and timeframe; and
32 (3) The proposed amendment addresses significantly changed conditions or responds to
33 an expressed desire by the community since the last time the pertinent Comprehensive
34 Plan map or text as amended and thus warrants review in the current year; and,
12
Exhibit A to Ordinance 3104
Page 13 of 19
1 (4) The proposed amendment is consistent with policy implementation in the Countywide
2 Planning Policies, the Growth Management Act, other state or federal law, and the
3 Washington Administrative Code.
4 The language of suggested amendments may not be modified at time of docketing. However, the
5 Pplanning Csommission may choose to docket additional or alternative suggested amendments
6 provided such amendments are drafted in line-in/line-out bill format by the Pplanning
7 Csommission or staff. The planning commission's recommendation should also include those
8 proposed amendments coming out of its comprehensive plan assessment process. Notice of the
9 I Pplanning Csommission hearing shall be given by publication in the city's official newspaper at
10 least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at City
11 Hall, which shall include a statement of the purpose of the hearing.
12 D. City Council Decision.
13 1 During GMA Periodic Update cycles—Council shall hold a public meeting to consider
14 items a-c below and shall make every reasonable effort to do so well in advance of the
15 state mandated deadline (e.g., 18 months prior):
16 a. The Planning Commission Assessment of the Comprehensive Plan and
17 Development Regulations
18 b. Planning Commission's recommendation on the suggested amendments compiled
19 by the Director
20 c. Recommended "Update Work Program" containing the Director's recommended
21 scope and schedule.
22 2) During an annual amendment process in which suggested amendments are being
23 considered- By the second council meeting of April of each suggested amendment cycle,
24 the council shall consider the Pplanning Csommission's recommended docket at a
25 regularly scheduled public meeting.
26 Council may adopt the planning commission's recommended docket without a public hearing;
27 however, in the event that a majority of the council decides to add or subtract amendments, it
28 shall first hold a public hearing, noticed as set forth in subsection C of this section_, `"'hinh shall he
29 hold by the first ooumoil mooting in May. The find rtooLet as adopted- shall inch idle all formal
30
31
32 . The
33 council's decision to place a proposed amendment on the final docket does not constitute a
34 decision or recommendation that the proposed amendment should be adopted. No additional
35 I amendments may be considered after council adoption of the annual docket fd,r that�"at year, with the
13
Exhibit A to Ordinance 3104
Page 14 of 19
1 exception of amendments to the capital facilities and utilities element or emergencies. (Ord. 2892
2 §2, 2005; Ord. 2824§4, 2002; Ord. 2559§ 1, 1996).
3 20.04.070 Review of proposed amendments—SEPA—Transmittal to state.
4 A. The final docket as adopted by Csouncil shall first be reviewed by the long range p!
5 department, and city staff shall prepare a staff report. The long raRge planning department is also
6 responsible for conducting SEPA review. As appropriate, the long range planning department
7 shall solicit comments regarding the proposed amendments from the public and/or government
8 agencies. The long range planning department will also provide notice and opportunity for public
9 comment as deemed appropriate given the nature of the proposed amendments, and consistent
10 with RCW 36.70A.140 and SEPA.
11 I B. Transmittal to State. Once the final docket is established, the '^n^ range planning department
12 will transmit a copy of all proposed amendments to the comprehensive plan or land use code to
13 the OST€D Washington State Department of Commerce (DOC)at least 60 days prior the
14 expected date of final Csity Csouncil action on the proposed amendment as consistent with
15 Chapter 36.70A RCW. (Ord. 2892 §2, 2005; Ord. 2824 §4, 2002; Ord. 2559 § 1, 1996).
16 I 20.04.080 Review of final docket by Pplanning Csommission and Csity Csouncil—Public
17 notice.
18 A. Planning Commission Hearing— Notice. All proposed amendments on the final docket shall
19 first be considered by the Pplanning Csommission, which shall make a recommendation to the
20 Csity Csouncil after holding at least one open record public hearing.
21 1. The hearing before the Pplanning Csommission shall be noticed by one publication in
22 the official newspaper of the city at least 10 days prior to the date of the hearing and by
23 posting of a copy of the notice of hearing in the Port Townsend City Hall. Additional public
24 notice of site-specific amendment proposals will be mailed to current property owners
25 within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior
26 to the date of the hearing. This notice shall include: (a)the purpose(s) of amending and/or
27 updating the comprehensive plan; (b) the deadline for submitting comments on the
28 amendments; and (c)a tentative hearing schedule. Continued hearings may be held by the
29 Pplanning Csommission but no additional notices need be published or mailed.
30 2. The Pplanning Csommission may establish subcommittees for more detailed study
31 which shall include m°mh°rc of the p„hli^and at least two Pplanning Csommissioners and
32 may include but is not limited to members of the public, representatives of impacted
33 groups, or persons selected for their specific area of expertise.
34 3. For all amendments, the Pplanning Csommission shall develop findings and conclusions
35 and a recommendation based on the following decision criteria:iN"i^" ^gncir!°r:
14
Exhibit A to Ordinance 3104
Page 15 of 19
1 a. Whether the amendment will adversely affect the public health, safety and welfare
2 in any significant way; and
3 b. Whether the proposed amendment is consistent with the GMA and adopted county-
4 wide planning policies; and
5 c. Whether the proposed amendment reflects current widely held community values
6 or resolves inconsistencies in the city's comprehensive plan; and
7 d. Whether the proposed amendment would maintain the appropriate balance of land
8 uses within the city; and
9 ea. Whether the proposal implements the comprehensive plan; or alternatively
10 f. Since the adoption of the comprehensive plan, there has been a substantial change
11 rim,metanresin circumstances related to the proposed amendment and/or the area
12 in which it is located which warrants the proposal. haste substantially changer! singe
13 the adoption of the Pert Townsend GernpFehensive Plan;
14 b. Whether the assumptions upon mihir--h the Pert TA_�.A.Mq.e.nd Comprehensive Plan
15 based are no longer valid, or whether newv information available whiGh wa
16
17 Dort Townsend Comprehensive Plan; and
18 .
19 4. Site-Specific Amendments. In addition to considering the criteria set forth in subsection
20 (A)(3)of this section, in order to recommend a proposed plan amendment which relates to
21 a site-specific request, the Pplanning Csommission must also find that:
22 a. In the case of an amendment to the comprehensive land use map, whether the
23 subject parcels are physically suitable for the requested land use designation(s) and
24 the anticipated land use development(s), including, but not limited to, access,
25 provision of utilities, compatibility with adjoining land uses and absence of physical
26 constraints.
27 a. The proposed arneRdrnent meets GonGUrrenGy requirements for traRsportatien,
28 sewer, and wateF, and does net adveFsely affeGt adopted level of serviGe standards
29
30 seniines garb seniires and general government seniines
31 b. The proposed amendment is Gensistent with the goals, PO"Gies and objeGtives e
32 the varie us elements of the Dnrt Townsend Comprehensive Dlan
15
Exhibit A to Ordinance 3104
Page 16 of 19
1
2 the Gity'S transportation network, Gapital faGilities, utilities, paFks, and environmental
3
4 evicting or planned senrire capabilities
5 d In the case of an amendment to the land use map that the s„biert parcels are
6 physiGally suitable for the requested ';and- use d-e-SignatiOR and the antiGipated land
7
8 rompatibllity with evicting apd planned s„rreunding land uses
9 be. The proposed amendment will not create a pressure to change the land use
10 designation of other properties, unless the change of land use designation for other
11 properties is in the long-term interests of the community in general.
12 f. The proposed aGtiGR does not mateFially affeGt the land use and growth PFGjeGtie
13 iAVhirh are the bases of the comprehensive plan
14 g. The proposed aGtiOn GIA-P-6 n0at Materially affeGt the adeqUaGy or availability of urban
15 faridities and sepiires to the immediate area and the overall area of the situ
16 h The proposed amendment is rnnsiste nt uiith the (_MAC the adopted co,mty_wade
17 planRing PGIOGY of jefferse.n County, aRy other appliGable inte6urisdiGtienal PGliGies,
18 plans, or agreements and anv other state nr Innal laws
19 5. The Pplanning Csommission's findings and conclusions shall include a recommendation
20 to the Csity Csouncil that the proposed amendment(s) be denied, approved or approved
21 with conditions or modifications.
22 B. City Council Review/Appeal.
23 1. City Council Workshop. The Csity Csouncil may first review the recommendation of the
24 Pplanning Csommission in a workshop meeting.
25 2. City Council Hearing. The Csity Csouncil shall consider the changes to the
26 comprehensive plan and shall hold an open record public hearing on the amendments
27 under the procedures set forth for public hearings in PTMC 20.01.240. Pursuant to
28 regulatory reform (RGVV 36.70B.060), sate SpeGifiG Fe eas authe-FiZed by a Gemprehensive
29
30
31 to the date of the hearing and by posting rnpies of the notice of hearing in the Dort
32 Toi.vnsend 12-ity Hall. Additional publiG n0tiGe of site speGifiG amendment pFGpesals will be
33 Maffiled_ to ro-urrent property eminers NAVithin 200 fept Pf the site boundaries and by posting on
34 the site itself at least 10 days prior to the date n-f the, hearing. The ROtiGe and publiG hearing
16
Exhibit A to Ordinance 3104
Page 17 of 19
1
2 hearing for proposed arnend-meepts to the land use rVede or for other ar_,tieipis ef. the G4
3 Written GOMmeRtS may be giveR by anyone to the Gity GGunGil regarding proposed
4 plan amendments, and may be reGeived up to and unto!the Giese of the publiG he i -
5 3. Criteria for Evaluation of Plan Amendments. The Csity Csouncil shall apply the same
6 criteria as the Pplanning Csommission as set forth in subsections (A4113) and (A)(4) of this
7 section. Once docketed, comprehensive plan amendments may be denied, approved or
8 approved with conditions or modifications.
9 4. Changes to Proposed Amendments.
10 Unless otherwise excepted pursuant to RCW36.70A.035(2), if the City Council chooses to
11 consider a change to an amendment to a comprehensive plan or development regulation,
12 and the change is proposed after the opportunity for review and comment has passed
13 under the city's procedures, an opportunity for review and comment on the proposed
14 change shall be provided before the council votes on the proposed change.
15
16 54. Adoption by Ordinance. The Csity Csouncil shall adopt any amendments to the Port
17 Townsend Comprehensive Plan by ordinance.
18 a) During GMA update cycles, the City Council shall make reasonable efforts to take
19 final action in accordance with the adopted work program pursuant to PTMC 20.04.060D.
20 b) During annual amendment cycles, tThe Csity Csouncil shall make reasonable efforts
21 to take final action on the docket by the second council meeting of September of each year.
22 65. Transmittal to State. Per Chapter 36.70A RCW, long range planning department will
23 transmit a copy of any adopted amendment to DOCT€D(the Washington State
24 Department of r, ,1ty,TraR and Ec^a.,emis Oevelopmenz)within 10 days after
25 adoption by council.
26 6. Appeals. All appeals to the adoption of an amendment to the comprehensive plan shall
27 I be filed with and processed by the`^fessterp Washington Growth Management Hearings
28 Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 2982 § 17, 2008;
29 Ord. 2892 § 2, 2005; Ord. 2824 §4, 2002; Ord. 2559§ 1, 1996).
30 20.04.090 Land use code text revisions.
31 A. Initiation. The text of the adopted land use code (also referred to interchangeably as
32 "development regulations") may be changed as long as the change is consistent with the Port
17
Exhibit A to Ordinance 3104
Page 18 of 19
1 Townsend Comprehensive Plan, including the policies of the shoreline master program, and the
2 city's official land use map and shoreline environments designation map. The land use code
3 means the controls placed on development or land use activities by the city, including, but not
4 ( limited to, zoning ordinances (including PTMC Titles 17, 18, and 190), shoreline master
5 program development regulations (amendments may require approval from the Department of
6 Ecology), critical areas ordinances, official controls, planned unit development ordinances,
7 subdivision ordinances, and binding site plan ordinances(RCW 36.70A.030). Proposed
8 amendments, changes, or modifications may be initiated as follows:
9 1. At any time at the request of the Csity Csouncil or the Pplanning Ceommission, or by
10 long range planning department staff; or
11 2. Under the process and time lines (Febru KyMareh 1 st deadline for submittal)for
12 comprehensive plan suggested or formal amendments as specified by PTMC 20.04.035
13 through 20.04.040. Any such application must be made to the long range planning
14 department on forms provided by the city and accompanied by payment of the required
15 filing fee for land use code text amendments as set forth in Chanter 2Q.09 PTnnG unless
16 the proposal is in the form of a suggested comprehensive amendment;
17 3. In addition, immediately following a change or changes in the Port Townsend
18 Comprehensive Plan and land use map, the land use code must be changed to be
19 consistent with the Port Townsend Comprehensive Plan and land use map.
20 B. Notice.
21 1. Proposed changes to the land use code pursuant to subsection (A)(2)of this section
22 (which must be processed concurrently with the comprehensive plan and land use map)
23 shall be processed and noticed in the same manner as other proposed amendments.
24 2. Notice of any hearing on text amendments generated by staff, the Csity Csouncil or the
25 Pplanning Ceommission outside of the comprehensive plan amendment processes
26 established by PTMC 20.04.035 through 20.04.080 shall be given by one publication in the
27 official newspaper of the city at least 10 days prior to the date of the hearing and by posting
28 a copy of the notice of hearing in the Port Townsend City Hall.
29 3. Any additional notice required by state or local law(such as statutory notice
30 requirements required for amendments to the shoreline master program), or deemed
31 appropriate by the Ddirector of long range planning shall be paid for by the applicant.
32 C. Planning Commission Review. The Pplanning Ceommission shall hold a public hearing on any
33 text amendment to the land use code and make a recommendation to Csity Csouncil, using the
34 site-sp rafaGdecision criteria set forth in PTMC 20.04.080(A)(43), as applicable.
18
Exhibit A to Ordinance 3104
Page 19 of 19
1 D. City Council Review. The CGity CGouncil shall hold a noticed public hearing on the proposed
2 text amendment and, after considering the recommendation of the Pplanning CGommission and
3 applying the same criteria, make a final determination on the amendments to the land use code.
4 Any amendments shall be adopted by ordinance.
5 E. Transmittal to State. The long range planning department will transmit a copy of any proposed
6 amendment to the land use code to the DOCDST€D at least 60 days prior to the expected date
7 of final CGity CGouncil action on the proposed amendment as consistent with Chapter 36.70A
8 RCW. The leng range planning department will transmit a copy of any adopted amendment to
9 DOCT€D within 10 days after adoption by CGouncil.
10 F. Appeals. All appeals to the adoption of an amendment to the land use code shall be filed with
11 and processed by the Western Washinntnn Growth Management Hearings Board in accordance
12 with the provisions of Chapter 36.70A RCW. (Ord. 2945 § 8.1, 2007; Ord. 2892 § 2, 2005; Ord.
13 2824 §4, 2002; Ord. 2559 § 1, 1996).
14
15 1
16 This deadline shall be effeGtive on MaFGh 1, 2003, f0F appliGat'GRS submitted fGF the 2003 am8RdMeR
17 GyGI-
18
19