HomeMy WebLinkAbout3119 Comprehensive Plan Amendments Ordinance 3119
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Ordinance No. 3119
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING
TO COMPREHENSIVE PLANNING; ADOPTING CERTAIN 2014 COMPREHENSIVE
PLAN MAP AND TEXT AMENDMENTS,AND AMENDMENTS TO THE NON-
MOTORIZED TRANSPORTATION PLAN, PURSUANT TO CHAPTER 20.04 PTMC
AND CHAPTER 36.70A RCW
WHEREAS, The City of Port'rownsend has adopted a Comprehensive Plan as required
in Chapter 36.70 RCW, with the following adoption history:
1. After extensive public review and a recommendation from 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.
1 After public review and a recommendation from the Planning Commission, the City
adopted its current Zoning Code (Title 17 PTMA on April 7, '1997 (Ordinance No.
2571), to comply with the GMA and to implement the Plan.
3. Council adopted the City's current Comprehensive Plan/Development Regulations
Amendment Process codified in Chapter 20.04 PTMC on December 16, 1996 (Ordinance
No, 2559). Adoption of this chapter implemented the GMA requirement to establish
procedures for plan and development regulation amendments (Sections 36.70A.1.30 and
36.70A.470 RCW).
4, Chapter 20.04 PTMC establishes a process for consideration of amendments to the text
and maps of the Comprehensive Plan and Development Regulations. Since initial
adoption in 1996, the City has undertaken numerous amendments to the Plan in an effort
to ensure that the plan remains consistent with the goals and requirements of the GMA, as
well as emerging community trends.
5. 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 (Sections
36.70A.035, 36.70A.130, and 36.70A.140 RCW); and,
WHEREAS, as set forth in the findings below, the opportunities provided for meaningful
citizen participation employed in this review and amendment process are wholly consistent with
the requirements of the GMA(Sections 36.70A.035, 36.70A.130, and 36.70A.1.40 RCW)and the
procedures set forth in Chapter 20.04 PTMC; and,
Onlinance 3119
Page 2 o
WHEREAS, the City followed the required state and city procedures for the 2014
Comprehensive Plan Amendment Process,, including the following:
1. A call for applications was duly noticed in two publications of the local paper. Two
applications were received prior to the deadline for submittal; oneformal application,
Jc,f
.1c,rson Transit Rezone, and a citizens' petition proposing a suggested amendment,
Beech,Rreet Property Rezone and Tran,sfc�r qf Development Ri,&.Y. In addition,the
preliminary docket included two items tabled during the 2011 Comprehensive Plan
update (K ah Tai Lagoon.Park Polic & Reassess Decatur,5treet Trail andStq1
f
Y
Alternative) and two staff-suggested amendments (,4dd Fart Worden Goal and Policy
and Parkside Park rezone).
2. The formal application and two previously docketed applications, that were tabled
during the 2011 Comprehensive flan update, were automatically placed on the final
docket for further consideration in 2014:
Item 1. Jefferson Transit Rezone (LI JP 14-01 t7)
item 2. KahI'ai Lagoon Park Policy ,& Reassess Decatur Street "rail (LUP11-015)
Item 3. Kah Tai Lagoon Park Policy Alternative Language & Reassess Decatur
StrectTrail (LUPI 1-055)
3. The fort Townsend Planning Commission heard testimony on the three suggested
amendments at a duly noticed public hearing,on April 10,2014 and submitted Findings,
Conclusions& Recommendations to the City Council to include the Following items on
the docket:
Item 4. Add Fort Worden Goal & Policy
Item 5. Parkside Park Rezone
Item C. Beech Street Property Rezone
4. The City Council held a duly noticed public hearing,on establishing the Final Docket
on May 5, 2014. The Council heard testimony, considered the Planning Commission's
Findings, Conclusions& Recommendation and reviewed the record. Council adopted
the 2014 Docket as recommended by the Planning Commission.
5. Consistent with the requirements of both RCW 43.21 C and PTMC Section 20.04.070,
State Environmental Policy Act(SEPA)environmental review is required for the
docketed applications. On July 30, 2014, the SEPA Responsible Official issued a
Mitigated Determination of Non-Significance (MDNS) for the 2014 Comprehensive
Plan Docket. The Threshold Determination was not appealed. Four comment letters
received were included as an attachment to the Final MDNS issued August 21, 2014,
6. On September 22, 2014, a Revised MDNS was issued to reflect JefTerson Transit
Authority's modified application. The Revised MDNS was sent to the applicant and
agencies with jurisdiction pursuant to WAC 197-11-340(2)( ). There was no additional
comment period for a Revised MDNS.
Ordinance 311 9
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7. Pursuant to Section 20.04.0 80 PTMC, all proposed amendments on the final docket
shall be considered by the Planning Commission, which makes a recommendation to
the City Council after holding,at least one open record public hearing. Sections
20.04.080(3) and (4) PTHC establish specific criteria for review.
8. Notice of the Planning Commission Hearing was provided in a manner consistent with
Section 20.04.080A (1) including publication in the Port Townsend Leader and posting at
City Fall. For site specific amendments,notice ofthe hearing and availability of the S EPA
Threshold Determination was mailed to current property owners within 300 feet of the site
boundaries and by posting on the site itself.
9. The Planning Commission field a duly noticed informational meeting (June 26, 2014)
and began the public hearing on the Comprehensive Plan docket on August 27, 2014.
The hearing was continued to October 9, 2014 at which time the Planning Commission
took additional testimony,reviewed the record,deliberated and made a recommendation on
each of the items on the docket. Two commissioners were appointed to assist staff in
making revisions to the draft findings and conclusions to reflect the evening's deliberations.
On October 23,2014, by a vote of 5-0, the Planning Commission moved to approve the
Findings, Conclusions, & Recommendations as provided herein and to forward the
docket to Council for action.
10. On November 3, 2014, and after timely and effective public notice, the Council held an
open record public hearing to accept public testimony regarding the amendments on the
2014 Comprehensive Plan final docket. After staff presentation and public testimony,
the Council concluded the public hearing, closed the public record, and voted to
continue the item until the next meeting (November 10, 2014).
11. On November 10, 2014, Council reviewed the record, and deliberated upon the
testimony and upon the Planning Commission's recommendation on the final docket,
all in a manner consistent with the requirements of Chapter 20.04 PTMC. Council then
took preliminaty action on each docket item as summarized below:
a. Item 1. Jefferson Transit—Motion to approve failed 3-2-2. Council directed staff
to bring back language modifying the amendment to rezone a portion of Block
281 and abutting vacated McClellan Street to R-11 medium density single-family
residential.
b. Item 2 & 3. Kah Tal Lagoon Park Policy & Reassess Decatur Street'frail —
Council directed staff to blend the policy language suggested in Item 2 with the
staff revised policy 4.5.1 presented in Item 3 and to amend Section 24
accordingly, In regards to Decatur Street Trail, Council moved to modify the
Planning Commission recommendation to eliminate the Decatur Street multi-
purpose trail from Clay Street north to Blaine and then easterly to Kearney and to
add a new conclusion to reflect that the Planning Commission recommendation
did not go far enough.
c. Item 4. Add Fort Worolen Goal & Policy—approve as recommended by the
Planning Commission
Ordinance 3119
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d. Item 5. Parkside Park Rezone—approve as recommended by the Planning
Commission
e. Item 6. Beech Street - Council moved to approve the recommendation of the
Planning Commission but to modity the findings and conclusions.
12. To reflect the modifications being considered by Council,the S EPA Responsible
Official issued an Addendum to the Revised MDNS on November 21,2014.
Addendums do not require a public comment period.
13. Pursuant to the Growth Management Act and PTMC 20.04.08OB(4),the public was
given opportunity to review and comment on Council's proposed changes to the
amendments. On November 26, 2014, notice of the proposed changes was published in
the local paper, posted on the affected properties, and mailed to property owners within
3011 feet of affected properties and parties of record for Items 1, 2&3, and 6.
14, On December 8, 2014 City Council reopened the public hearing narrowly on the
proposed modifications to the amendments. Upon concluding the public hearing,
Council reviewed the record,and deliberated upon the testimony and upon the Planning
Commission's recommendation on the final docket,all in a manner consistent with the
requirements of Chapter 20.04 PTMC.
NOW THEREFORE, the City Council of the City of Port Townsend do ordain as
follows:
Section 1. Findings and Conclusions.
1. The City Council adopts the:recitals contained in this Ordinance in full as Findings
of Fact or Conclusions, as may be appropriate given their context.
2, Except as specifically amended in this Ordinance and Exhibit D, Revised Findings,
Conclusions & Recommendations of City Council, the City Council adopts the
Findings, Conclusions, and Recommendations of the Port Townsend Planning
Commission adopted October 23, 2014.
3. The amendments adopted in this ordinance have been subject to environmental
review and threshold determination in compliance with the State Environmental
Policy Act (SEPA) (Chapter 43.21 C RCW, and Chapter 197-11 WAC) and Chapter
19.04 PTMC.
4. The amendments adopted in this ordinance are true to the original vision and goals
ofthe Plan, while accommodating some reasonable and modest changes that are
entirely consistent with the Community Direction Statement contained in Chapter III
of the Plan, and the review and amendment criteria set forth in PTMC
20.04.080(A)(3) and(4), and (13)(3).
5. Consistent with the requirements of the GMA, Planning Department staff forwarded
Ordinance 3119
Page 5 of 11
the proposed amendments to the Comprehensive Plan and Zoning Code to the State
of Washington Department of Commerce (DOC) for review and comment more than
sixty(60) days prior to the adoption of this ordinance (Section 36.70A.106 RCW).
No substantive comments were received from DOC prior to the adoption of this
ordinance.
6. Pursuant to PTMC Section 20.04.020, the amendments have been considered
concurrently and Council has considered the cumulative effect of all items.
7. This ordinance has been prepared in conformance with the goals and requirements of
the GMA (Chapter 36.70A RCW) and is externally consistent and compatible with
the 14-state-wide planning goals contained within the GMA(Section 36.70A.020
RCW).
8. This ordinance has also been reviewed against the requirements of the County-Wide
Planning Policy for Jefferson County(CWPP) and Council finds it to be in
conformance with that Policy.
9. Based upon the foregoing findings, the Council finds that adoption of the following
amendments will promote the public health, safety and welfare of the citizens of Port
Townsend and should be approved.
CHANGES TO LAND USE DESIGNATIONS AND REZONES
Section 2. Docket Item#1 LUP 14-010 Jefferson Transit Rezone
2.1 The Application to change the land use designation and zoning on approximately 3
acres of the Jefferson Transit Authority site from Public Infrastructure (P-I) to
General Commercial (C-II) is modified as follows:
Re-designate/rezone Block 261, Lots 1 and 8 of Block 280, intervening vacated
Fourth Street and abutting vacated McClellan from Public Infrastructure (P-I)to
General Commercial (C-II); and Block 280 and abutting vacated McClellan Street
from Public Infrastructure (P-1) to Medium Density Single-family Residential (R-Il)
2.2 The City of Port Townsend's Land Use Designation Map ("Land Use Map") and
Zoning Map ("Zoning Map") are amended as shown in Exhibit A (Revised
November 20, 2014).
Section 3. Docket Item#5 LUP14-027 Parkside Park Rezone
3.1 The application to change the land use designation and zoning of approximately 0.5
acres of land from R-II (single-family residential)to P/OS (Existing Parks and Open
Space) is approved.
3.2 The Land Use Map and Zoning Map are amended as shown in Exhibit B.
Ordinance 3119
Page 6 of']I
Section 4. Docket Item #6, LUP14-028, Beech Street,to change the land use designation
of City-owned land from P/OS (B)(Mixed Public/Infrastrticture/Open Space) to P/OS
(Existing Parks and Open Space) is denied.
Section 5. Land Use Table Amended.
Consistent with Sections 2 and 3 of this Ordinance, the acreages, in Table IV-2 (page IV-
16) of thef,and Use Element of the Comprehensive Plan are amended as set forth below:
TABLE IV-2. THE LAND USE MAP-ACREAGE
WITHIN EACH LAND USE DESIGNATION*
LAND AREA IN ACRES
LAND USE DESIGNATION Less Platted Rights of Way
and Marinas
R-1 566
R-11 1,616
R-111 169
R-IV 22
R-PUD n/a
C-1/mu 15
C-11/mu 15
MU-PUD 0
C-1 1
C-11 4-04106
C-11(H) 11
C-111 26
C-lv** 0
CM-PUD 28
M/C 62
M-I** 0
M-11(A) Boat Haven 44
M-11(B) Point Hudson 17
M-111" 0
P/OS 607-8
P/OS(A)**- N/A
P/OS(B) 86
Total 3,442
Ordinance 3119
Page 7 of'I I
TEXT AMENDMENTS
Section 5. Docket Items#2, LUPI 1-015 and #3, LUPI 1-055, Kah fqi Lagoon Park
Poliev & Reassess Decatur Street Trail.
5.1 The request to amend the text of the Comprehensive Plan Land Use Element under
Parks and Recreation (page IV-20), related to Kah Tai Park, is approved as
modified by Council on November 3, 2014. The request to amend the Non-
Motorized Transportation Plan ("NMTP")to eliminate the existing designation of a
multi-use trail on the east side of Kah "Fai Park, generally following the Decatur
Street right-of-way between Clay Street(where it meets the existing trail on the
south side of Kah 'rai) north to Blaine Street and easterly to Kearney Street is
approved. The suggestion by the Non-Motorized Transportation Advisory Board
to amend the NMTP to add two trails, one multi-purpose on Garfield Street between
Kearney and Decatur(for connectivity and to minimize elevation change) and one
neighborhood connector on Lawrence Street, between Kearney and Decatur
(possible viewing area at street end), is denied.
5.2. Land Use Element Amended, Goal 4 of the Land Use Element is amended by adding
a new Policy,4.5.1 "Kah Tai Park," to read as follows:
Goal 4: To develop park and recreation facilities, programs and opportunities which
are responsive to the needs and interests of Port Townsend residents.
Policy 4.1: Develop a parks and recreation plan and implementation strategy which
addresses the community's needs for active and passive recreation opportunities,
4.1.1 Provide recreation programs that are comprehensive, enriching, and
affordable for all citizens.
4.1.2 Provide a wide range of athletic facilities such as: tennis courts; baseball
and softball fields; gymnasiums; swimming pools; multi-purpose fields
for soccer and general outdoor play; volleyball courts; and a golf course.
4.1.3 Provide a wide range of passive recreation opportunities within the
parks system (e.g., nature walks, picnic areas, bird-watching,
observation areas).
Policy 4.2: Acquire and develop public park and recreational lands to serve the
future population of the City,
Policy 4.3: Pursue a variety of options for park and recreation facility acquisition
and development.
4.3.1 During development review, encourage developers to dedicate land for
future park and recreation facilities.
4.3.2 Apply for grants from public agencies and private foundations to acquire
land and develop the City's park and recreation facilities.
4.3.3 When revising the Port Townsend Municipal Code (PTMQ to
implement this Plan, provide incentives that encourage developers to
Ordinance 3119
Page 8 raj`l I
provide neighborhood parks which serve the residents of new
developments(e.g., density bonuses, mitigation land banking, creative
right-of-way use),
4.3.4 When revising the PTMC to implement this Plan, provide incentives
that encourage developers in commercial districts to provide pocket
parks, plazas, courtyards, arcades, atriums, pedestrian corridors, and
through block corridors.
Policy 4.4: Locate, design, construct and manage park and recreation facilities to be
compatible with natural features(e.g., soils, geology, topography, and shoreline
resources) and cultural resources,
4.4.1. Preserve natural features which are conducive to park and recreation
functions.
4.4.2 Incorporate habitat considerations in the design and development of new
park and recreation facilities.
4.4.3 Encourage the use of native plants which attract wildlife.
4.4.4 Incorporate significant cultural resources in the design and development
of new park and recreation facilities, and provide interpretive
opportunities where appropriate.
Policy 4.5: Design and manage park and recreation facilities to maximize
environmental protection and provide interpretive opportunities for ecological
systems and features, and cultural resources.
Pa:`IJ.Cy a,)).,- 1,xten(dl rruax irri unn. eriviron,,rner tal proted i o n i,,ri pery etuity or the
ex,01usive q.,)cn space, wildlilft", habitat, and rpassive mar ioor recroadon functions
withn Kah 'Fai oori Nauire Park,. those areas on the 6(0
map Projoct 4 81 ,0,13, 53-00486, cxcc,uted IL-.)y the C'ity Orl
Ji.i,ly 3, 2013 an-d the Suate Rccreatw
i �, ansa Cortscrvatio�.n- Of"fe on J
ic " urne 19., 2013),
Kah..-Tai 1,agoori Nkaure le ill slrurfl be dcsigned and qlana�,,Zed ir)- a(,;cordance witf,.i the
tind,,r t.h.0 1981 Fedf-,-ral Uqnd ar),d Water Qors crvati.i.,)n
Fwricl A(,,quisilion Ca--ant, and ar,,, gml.a arnendments, As stated ori, the 6(,� [3oi.ujdary
'Y g,
Marp "'All iancl within the boundalry oFthe p ,rk is dedicated inperpetuity t�,) pulblic
outdoor contrac,t Qblii�auons inchide thefollowing (Pro ect 1181-
1943.A, ArTicndryient Nurnber 2),
"'The purpose of flh(; gran,t was to cxpandl the rxy's Ownership a.-(ul comrol around,thc,
lagoon and develop a municipal passive use park.
fh.c, tagoon is a rialwral. area ass�uciakd, withrnarsh, W��tlarrds, and g.rasslands, and
prpvide,,,.,, s.,icstinj,,,,. R,,cdiRng, and breedinp, habilat k,)r birds, diicks and other
The arca,should1be setaside fear prescrvation of natural rcsourccs and
o
pen s'pac;p 110 serve wfldl'l ife 1'.tabilai, arid cornpalibic passive recreation uses,"
Ordinance 3119
Page 9 of 11
1`he 6('f) ow nd�,vy Map, Fiepi tirq; 'Ihe property Sub ect to
protect co-ntr°ac, and other key dOCLa (_'uAS,, aJXC' Tecf.x-ded at A> 1'1'ers ri (`,ouznty
t .uditpr File No, 585012 (July 18, 0P.11).
Policy 4.6: Design park and recreation facilities to accommodate a citizenry diverse
in age, interests, income levels and abilities.
Policy 4.7: Where adverse impacts could occur, screen and buffer park and
recreation facilities to protect adjacent;or nearby private properties..
Policy 4.13: Consider acquiring, in.holdi:ng;s and adjacent parcels that would increase
the longi-term integrity and viability of the City's park and recreational lands.
Policy 4.9: Broaden the use of school buildings and grounds as places for public use
after school and on evenings.
4.9.1 Increase cooperative management with the fort Townsend School
District through joint use agreements.
4,3.2 Joint use agreements should seek to renovate, schedule, and manage
facilities for greater public use and enjoyment.
Policy 4.10: Support,encourage, and provide technical assistance to neighborhood
associations seeking to acquire or develop property for neighborhood parks,
recreation, and open space.
Policy 4,11: Work with .Jefferson County to identify future park .and recreational
facility needs within fort Townsend and facilities within Jefferson.County which.
will serve Port Townsend residents..
Policy 4.12: Assure that maintenance and operation costs are considered in the
development of City park and recreation facilities. Ensure that City park and.
recreation facilities incorporate design and construction features that minimize long-
term operation and maintenance costs (e.g., design park restrooms to include energy
efficient light fixtures and skylights),
Policy 4.13: Set City-wide standards for park and recreational facility
maintenance, and the unit costs to achieve those standards.
5.2. Non Motorized Transportation Plan.Amended. Figure 3.2 (The Walkway System
Plan), Figure 4.1 (Bikcway System Plan) figure 5.1 (Priority Projects with
Anticipated Funding), and Pages 120-121 Uptown& Downtown Neighborhoods of
the Non-Motorized Transportation.Plan are amended, by deleting the reference to a
multi-use designation following the Decatur Street right-of-way, as shown on
Exhibit C.
Section 6. Docket Item 4 LyUP 14-023 Fort Worden
,1 The City-initiated amendment to add a new goal to the Economic Development
Element of the Comprehensive Plan related to the bort " orden Goal & Policy is
approved.
Ordinance 3119
Page 10 of 11
6.2 Chapter VIII of the Economic Development Element(page V 111-15) of the
Comprehensive Plan is amended by adding a new Goal 8, "Fort Worden Campus,"
to read as follows:
Commercial Historic District Revitalization
Fort Worden Campus
Goal S; To encouragappropriate (re)development, the City shall encouLqggjb�g
implementation of the Long-range Plan for Fort Worden State Park ado tee
as it applies to the 90-acre campus identified in the 2013 Master Lease for the Fort
Worden Campus byand between the State or Washington and the Fort Worden
Public Development AuthoritFWPDA).
Policy 8.1: Use the Lon g-ran gc .Plan as the basisfor establishingalloweduses
through zoning friar the 90-acre FWPDA campus. Although a proiect may be allowed
through zoning, all non-exempt redevelopment and new projects will be subject to
environmental review to address traffic and other issues.
Policy 8.2: Recognize and support the FWPDA in undertaking, assisting with,and
otherwise facilitating the impleineii.tation ofa Lifelong Learning Center at the
FWPDA campus generally envisioned in the Fort WOrden Long-range Plan.
The Code Reviser is authorized and directed to renumber the subsequent sections of
the Economic Development Element as the Reviser deems appropriate.
Section 7. Sevcrability. 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 8. Transmittal to Department,of Commerce. 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 9. The City Manager or designee is authorized to implement such administrative
measures as may be necessary to carry out the directions of this Ordinance, including but
not limited to updating and incorporating into one or more documents revisions to the
fort Townsend Comprehensive Plan, Port Townsend Municipal Code,Non-Motorized
Transportation Functional Plan, and incorporating the changes to the tables/figures and
Land Use Map and Zoning Map set forth in this Ordinance,
Section 10. Effective Date. This ordinance shall take effect and be in force 5 days
following its publication in the manner provided by law. Provided,that Section 2 of this
Ordinance, and those provisions of Section 5 Land Use"fable that are dependent on the
conditions in Section 2, shall not take effect until such time as: 1) The restrictive
covenant(AFN436069) granted by the Jefferson Transit Authority has been rescinded
and a conformed copy of such rescission has been provided to the City.
Ordinance 3119
ADOPTED by the City Council of the City of Port"l"ownsend, Washington, at a regular
meeting thereof, held this "' day of December, 2014,
David King
Mayor.
Attest:est: Approv d as to Form
Joanna Sanders, C M'C" ....__.... Steven :L.. Giros .
City Clerk City attorney
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Ordinance 311
Exhibit D-City Council Findings, Conclusions Preliminary Decision
Pae 1 gf'13
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Port Townsend City Council
Findings, Conclusions, & Preliminary Decision
2014Comiprehensive Plan Docket
City Council adopts the Findings, Conclusions, and Recommendations of the Port'Townsend.
Planning Commission dated October 2.3, 2014 except as revised herein.
ITEM] JEFFERSON TRANSIT AMEND LAND USE DE`SIGNATIDN& REZONE"
Project Description: The Planning Commission has recommended approval of the request by
Jefferson Transit.Authority(JTA)to amend the land use and zoning maps to re-designate
approximately three (3)acres of land at the corner of SR-20 and Hancock Street.From Public
Infrastructure(P-1)to General Commercial (C-11)as modified by the applicant on September 15,
2014. As recommended,the rezone would not take effect until such time as JTA has recorded a.
restrictive covenant addressing access,buffers,and the remaining P-1 as fmrther set forth in the letter
(Exhibit 1.7).
Project File Number: LUP 14-01.0
Project Address. 1.61.5 West Sims Way
Property Owner: Jefferson'Fransit
Findings of Fact
Existing Conditions ,& Proposal
1. Jefferson Transit Authority(JTA) seeks approval of Comprehensive Plan Amendment to
change the Land Use and Zoning on approximately 3 acres of their 3.5 acre site, from Public
Infrastructure (P-1) to General Commercial (C-11), specifically, Blocks 261 and 280 together
with all of vacated McClellan Street abutting Blocks 261 and 280, all of vacated Fourth
Street between Blocks 261 and 280 (Exhibits 1.1 -1.3).
Ordinance 3119
Exhibil D- Cily Council Findings, Conclusions& Prelitninaty Decision
Page 2 of 13
2. On September 15,2014,the applicant modified the proposal such that the rezone not take
effect until such time as JTA has recorded with the Jefferson County auditor a restrictive
covenant, prepared in a form approved by the city attorney and to which the City is a party,which
addresses access,buffers, and the remaining P-1 as further set forth in the letter(Exhibit 1.7).
3. The subject property,addressed as 1615 West Sims Way, is bound by
a. Sims Way/State Route 20 on the North
b. I lancock Street,a local access street,on the east
c. Third Street,a local access street,on the south
d. A steep sided ravine/critical drainage corridor on the west(Exhibit 1.4)
4. The property may be more fully described as lots 1-4 of Block 260 less right-of-way),Lots 1-8
inclusive of Block 261 (less right-of-way), Lots 1-8 inclusive of Block 280,and Lots 1 &2 of
Block 281 of the Eisenbcis Addition as per plat recorded in Volume 2 of Plats,page 24, records of
Jefferson County, Washington together with that portion of Vacated McClellan Street and Fourth
Street that would.attach by operation of law. SW 114 of Section i o,Township 3ON, Range I W,
W.M. APN. 948-326-001,948-326-104,948-328-001,948-328-101.
5, Approximately one acre of the site is currently developed with a transit depot; the remainder
is undeveloped(Exhibit 1.5 Aerial Photo/Existing Conditions). The transit depot consists of
an approximately 6,950 square foot building and 40,000 square feet of parking, a fuel island,
wash bay and associated landscaping. Access is provided via a driveway on Hancock Street
approximately 150 feet south of Sims Way.
6. JTA is currently in the process orconstructing a new facility at 63 Four Corners Road, Port
Townsend(beyond the City limits) and is scheduled to move out of the existing transit depot
at 1615 West Sims Way, hence the request for the rezone (Exhibits 1.1, 1.2),
7. According to the City's Official Land Use Map, which accompanies the Comprehensive
Plan,the site is currently zoned Public Infrastructure (P-1) with Potential Park& Open Space
(overlay) PICS (A) applied to those portions of the site within the critical drainage corridor
(Exhibit 1.3). The gcricral purpose of these districts is as follows:
Public Infrastructure(P-1): The purpose ref this designation is to ident6 lands used to
provide public utilities, and services. Allowable, uses include schools, libraries,
public utilities, and government buildings.
Potential Park& Open Space (overlay) P/OS (A): This category includes areas that may
have the potential to be included within a comprehensive and Interco nnetted system oaf'
ripen spaces and trails. The .P10S(A) overlay appears in areas that could be valuable if"
maintained as open spaces, such as wooded areas, drainage corridors, and scenic vistas.
These areas could accommodate multiple Junctions including.- lower density residential
development; storm water management wildlife habitat; and passive recreation. Three
primary approaches are being considered in the development ref this network: outright
purchase oaf key properties; incentives Jbr landowners to cluster nein, development in
areas outside, or on the margins, of`open space areas; and reductions in allowable
Ordinance 311 9
Exhibit D-City Council Findings, Conclusions& Prelitninag Decision
Page 3 of 13
density. (Comprehensive Plan, Land Use Element).
8. The original application was to rezone the entire site General Commercial(C-11), however,on
July 17,the JTA modified their proposal to retain the P-I zoning on portions of the site lying
within the steep-sided ravine (Exhibits 1.1-1.5). The general purpose of the C-11 district is as
follows:
This district accommodates a wide of range
,_ general commercial uses which serve a local or
city-wide market area. This district providesf6r those commercial uses and activities which
,are most heavily dependent on convenient vehicular access, and is located on sites havingsak,
and ej
.fIcient access to major-transportation routes. Uses allowed within this district include
retail businesses, prof&vsional(?fflces, hotels, restaurants, andpersonal servicesshops.
Upper-story residential uses are permitted outright. This district occupies more area qfthe
city than any other commercial district, and occurs in various locations alongSims Way,
Washington SIreel and Water Slreet, and in the triangular area bounded by,5R 20 to the
south, Howard,street to the east, and Discovery Road to the northwest.
9. Pursuant to`Fable 17.20,030 Bulk,dimensional and density Egguirements of the Dort Townsend
Municipa
i Code,the C-11 zoning district allows a maximum building height of 40-feet and
maximum ground floor area of 40,000.,sqcare feet.
10. Should the application be approved, future development would be subject,to the regulatory
requirements of the C-11 General Com rnercial -.one(PTMC Chapter 17.20),the design review
process contained within PTMC Chapter 17.46 and the design Commercial & Mixed Use
Architectural and Site Design Standards set forth in PTMC Chapter 17.44.
11. Surrounding land uses and zoning(Exhibit 1.3)are as follows:
a. To the North, across Sims Way, commercial uses dominate the C-11 zoning district. 'The
steep-sided, wooded ravine is zoned PICTS, Existing Park and Open Space with PIIS (A)
overlay.
b. To the west, on Lots 3-8 of Block 281, the ravine is zoned P-1, Public Infrastructure with
P/OS (A) overlay. These lots,were previously conveyed to the City by TFA. Portions of
the ravine lying within the eastern 1/2of Block 260 are currently zoned C-11 with P/OS
(A) overlay.
c. To the south, across "Third Street, is R-11 single-family residential zoning. The ravine is
mapped P/OS (A)overlay and remains undeveloped. Single-family homes exist on
Block 289
d, To the eastwe4, the C-11 zoning district extends south from Sims Way into the R-11
single-family zoning district. Three commercial establishments exist on Block 262
fronting Sims and Sherman Streets, while single-family homes exist on the balance of
Block 262 and on all of Block 279.
12. Topographically, Blocks 261 and 280 and vacated McClellan north of Fourth Street are relatively
flat. Portions of Lots 1-4 of Block 260, 1.ots I and 2 of Block 28 1, intervening vacated Fourth and
the McClellan Street south of Fourth lie within a steep sided ravine. Native trees and shrubs exist
in the ravine and along the Third Street frontage. Other vegetation on site consists primarily of
Ordinance,3119
Exhibit D-City Council Findings, Conclusion& Preliminary Decision
Page 4 q
J'13
blackberry brambles,grasses,and non-native landscaping. The following critical areas have been
mapped on portions of the Jefferson Transit property(Exhibit 1.4,Jefferson Transit Critical
Areas):
• Critical drainage corridor on Lots 1-4 Block 260 and Lots 1&2 of Block 281
• Landslide and erosion hazard area on the westerly portions ot'Lots I and 2 Block 281,
and Lot 4 of Block 260
• Seismic hazard area on roughly the southerly 1/2 of Block 280.
History
13. The following table provides a brief summary of the land use history for the site and
immediate vicinity:
Year Land Use
Pre 1996 Blocks 260&261. Zoned C-11
Block 280 Zoned R-I
Block 281 Zoned R-111
1996-97 During City GMA Comprehensive Plan update,the City rezones the
Jefferson Transit property P-1
1999 Jefferson Transit Authority (J'I'A)applies for vacation of portions of
McClellan and Fourth Streets,in conjunction with expansion of the bus depot
(LUP99-34)
July 1999 City of PT issues MN DS for above proposal
JTA abandons facility expansion
August 1999 Street vacation approved with restrictions including dedication of
Lots 3-8 of Block 281 to the City and recordation of a restrictive
covenant to create the following parcels:
Parcel A; Lots 5, 6, 7, and 8 of'Block 280; together with that
portion of vacated McClellan Street.
Parcel B: Lots I and 2 of Block 281, together with vacated Fourth
Street lying between Lot I of Block 28, also together with that
portion of vacated McClellan Street, and Lot 4 of Block 260,
together with Lots, 1, 2, 3, and 4 of Block 260
(Note: July 17, 2014: City staff and the Jefferson Transit Board propose
to cxtinpish the restrictive covenant.)
2000 Restrictive Covenant recorded(AFN436069) history,—- _City
—
2001 In recognition of several established businesses and past zoning
approves application by Frank Vane amending,the Comprehensive Plan Land
Use Map and Zoning Map from R-11 to C-11 for the following properties:
Lots 7&8,Blk 278&the S'12 of vacated 4"'Street
Lot 1, Blk 279&the SI/2 of vacated 0' Street
Lot 8,Blk 279&the S/2 of vacated 4"' Street
Sep
tember 25, City issues MDNS for Kelly/JefTerson Transitp
roposal (1.1JP02-046)to:
Ordinance 3119
Exhibil D-City Council Findings, Conclusions& Preliminary Decision
Page 5 of 13
2002
Phase I-amend the Land Use and zoning maps to change the designation
from P-1 to C-11 on Lots 1-8 of Block 280 and Lots I and 2 of Block 2..81 of
the Eisenbeis,Addition.
Phase 11- grade the site and construct a commercial building of approximately
20,000 st',associated parking and storage ofabout 18,150 sf for retail sale and
mail order distribution of vintage hardware.
Dec. 11,2002 Kelly/Jefferson"I"ransit Council Hearing on SEPA Appeal and
Comprehensive Plan Amendment:
SEPA Appeal Denied
Motion to approve application with conditions(including but not limited to:
30-foot height limit and I 04bot setback as per R-11 zoning,20,000 sf limit,
access via 4"',no Commercial traffic past 0 Street,etc),failed,
14. The character of the surrounding properties has not substantially changed since adoption of
the 1996.ComMliensive Plan.
15. Jefferson 'rransit previously dedicated Lots 3-8 of Block 28 1, also ravine within the NOS
(A) Overlay, to the City for open space and storm water drainage purposes (AFN436067,
January 26, 2000) (Exhibit 1.3).
Noticing and Public Comment
16. On June 26,2014, the Planning Commission held a duly noticed informational meeting on
the 2014 Comprehensive Docket. As reflected in the minutes (Exhibit F), three members of
the public(Todd Wexman, Rick Jahnke and Rosemary Sikes) provided oral comment on the
JTA proposal.
17. On July 30, 2014, the SEPA Responsible Official issued a Mitigated Determination of Non-
Significance (MDNS) for the 2014 Comprehensive Plan Docket containing four(4)
mitigation measures for the JTA proposal (Exhibit G—MDNS). The comment/appeal period
for the Threshold MDNS ended on August 13, 2014. 'I"he'rhreshold Determination was not
appealed. No comment letters concerning the JTA proposal were received during the SEPA
comment period the Final MDNS issued August 21,2014.
18. One comment letter was received in opposition to the proposal (Exhibit PCL I, Letter from R.
Jahnke dated 8-22-14). Staff response is provided in Exhibit J. Public Comment- Issue
Summary and Staff Response.
19, The Planning Commission held a duly noticed public hearing on the Comprehensive Plan docket
on August 27,2014. Representatives from Jefferson Transit provided testimony in support of
their qpplication and opposing the SEPA mitigation measures.The hearing was continued to
October 9,20.1 4.
20. On September 15,2014,the applicant modified the application(Exhibit 1.7). A Revised MDNS
Ordinance 3119
Lxhibit D-City Council Findings, Conclusions& Preliminary Decision
Page 6 oaf 13
was issued on September 22,2014 to reflect the modified application (Exhibit 1), The Revised
MDNS has been sent to the applicant and agencies with Jurisdiction pursuant to WAC 197-11-
340(2)(f). There was no additional comment period for a Revised MDNS.
2 1. No additional comment was received concerning the Jefferson Transit item at the continued public
hearing of October 9,2014. After closing public comment,the Planning Commission reviewed
the record,deliberated and made a recommendation to anorove the modified aonlication.
Findings,Conclusion and Reconunendation were finaled by the Planning Commission on October
23JO14,by_a vote of 5-0.
22. n November 3,2014,upon concluding duly noticed public hearing, Council reviewed the
record,and deliberated upon the testimony and upon the Planningr,Commission's recommendation
on the final docket,all in a manner consistent with the requirements of Cha pter r20.O4 PTMC.
Council then took the following pmlimjyM action on Item 1. Jefferson Transit—Motion to
approve failed 3-2-2. Council directed staff to bring back language modifying the amendment to
rezone a portion or Block 281 and abutting,vacated McClellan Street to R-If single-filmily
residential.
23. To reflect the modifications being considered by Council,the SEPA Responsible Official issued
an Addendum to the Revised MDNS on November 21,2014. Addendums do not require a public
comment period.
Analysis of Consistency with Applicable Plans & Policies
24. The SEPA MDNS (Exhibit G) issued July 30, 2014 included an analysis of the proposals
consistency with applicable plans and policies. Mitigation was required to address
inconsistencies with Land Use Policies:
Policy 2.3: Protect natural resource lands,archaeological properties,and
environmentally sensitive areas through public and private initiatives, such as. open space
tax incentives;cluster development; PUDs;transfer or purchase of development rights;
public land acquisition;dedication of City owned tracts and street rights of way;
conservation easements; landowner compacts;soliciting donations of land; downzoning;
limiting the amount of lot coverage;and best management practices in development.
Policy 10.4: Where possible,allow the Gateway Commercial Corridor to be increased in
depth to enable development of"integrated commercial projects which depart.from
commercial strip development. Prohibit the expansion of such areas where it would
significantly diminish the livability or viability of an adjoining neighborhood. (Emphasis
added).
Additionally, the Gateway Development Plan, called for preservation of existing native
plantings,and a 15-foot wide backdrop of conifers(p. 68),
In regards Policy 2.3, on July 17, the JTA modified their proposal to retain the P-1 zoning on
portions of the site lying within the steep-sided ravine (Exhibits 1.1-1.5). P-1 zoning allows
for appropriate uses in the ravine (Le., trails, open space, and storm water facilities).
Ordinance 3119
Exhibit D-City Council Findings, Conclusions& Preliminary Decision
Page 7 t?f 13
However, individual sale of lots that are wholly within a critical area would be contrary to
the goals and standards of the CAO.
Although conformance with the development regulations codified in the Port Townsend
Municipal Code(PTMA will ensure that the design of any future commercial building is
sensitive to surrounding residential development, there is no guarantee of an integrated
commercial pr(�ject (Land Use Policy 10. ) in fact, the Current restrictive covenant
(AFN436069) would force access viaThird Street and Sims Way. Furthen-nore,directing,
commercial traffic into a residential neighborhood would likely diminish the livability or
viability q1'an adjoining neighborhood,
25. In a letter dated September 15, 2014,Jefferson Transit Authority Board(JTA)modified their
rezone application(LUP 14-010)proposing that the rezone not take effect until such time as
JTA has recorded with the Jc.ffcrson County auditor a restrictive covenant,prepared in a forni
approved by the city attorney and to which the City is a party(Exhibit 1.7). When applications are
revised such that adverse impacts are adequately addressed as part of the proposal,there is no need
to restate the mitigation included in the proposal as a condition. In light of the modified
application,the SEPA Responsible Official issued a Revised NIDNS requiring the following
mitigation measures:
1) Rescind the restrictive covenant(AFN436069).
2) New Condition. Record the restrictive covenant as per the modified application
(JTA September 15,2014 letter).
26. Section 2a of the Gateway Development Plan states that, "the gateway consultant team
examined adjacent land uses within 200 fect,on either side of the state right-of-way."
27. An additional applicable Comprehensive Plan policy, Policy 9.14 of the Land Use Element,
reads: Discourage the conversion of residential areas to nonresidential uses. Prevent the
encroachment of commercial uses into residential Tones,except for:
a. A limited amount of small scale, compatible commercial uses within
neighborhood commercial districts that are located within walking distance of
all homes in a neighborhood, which serve and enhance the neighborhoods
where they are located, and are spaced at least one-half mile from any existing
commercial district;
b. A limited amount of small scale commercial uses in mixed use districts, when
developed in conjunction with new housing units; and
c. Home occupations within residential districts,provided the use is consistent
with the primary residential use, and compatible with the surrounding
neighborhood.
Conclusions
Comprehensive Plan Amendment Criteria 1: Will the amendment adversely qt
,Act the public
health, sqpty and welffire in any significant mlay?
Ordinance 3119
Exhibit D-City Couned Findings, Conclusions& Preliminary Decision
Page 8 qf'13
18. No, not with implementation of the SEPA mitigation measures. The SEPA MINS issued July
30,2014 assessed the potential for adverse impacts associated with the proposal by comparing the
development potential under the proposed C-11 zoning vs. the development potential under the
existing,P-1 zoning(Exhibit beginning at page 10). Based on the original SEPA analysis,the
applicant modified the application(Exhibit 1.7). A Revised MDNS was issued on September 22,
2014 to reflect the modified proposal(Exhibit 1). Council rejects the SEPA conclusion that the
modified proposal in concert with the mitigation measures of the Revised MDNS would be
consistent with adopted goals and policies intended to protect established neighborhoods and
critical areas(Finding#14, above). Council concludes that, because the character of the
surrounding properties has not substantially changed(Finding 13)and because the prim M study
area of the Gateway Develgpment Plan contemplated 200' back from the ri ON of way,the
proposal to extend C-11 zoning toThird Street is inconsistent with Comprehensive Plan Land Use
Policies 9.14 and 10.4 which are intended to protect the livability and viability of established
neialiborhoods.
Comprehensive Plan Amendment Criteria 2: Iy the proposed amendment consistent with the,
GMA and adopted county-wide planning policies?
19. Yes,the proposal would encourage commercial growth in an area adequately served by utilities
and public services. The subject property is situated within urban growth Tier 1,which is the
City's first priority for provision of capital fficilities,services and utilities. Proposals which are
consistent with this tiering,strategy promote infill and discourage sprawl.
Comprehensive Plan Amendment Criteria 3: Does the proposed amendment rqflect current
widely held community values or resolve inconsistencies in the city's comprehensive plan?
20. Nay-es,the Comprehensive Plan is intended to reflect,to the extent possible,citywide attitudes,
about the future growth and management of the city. The Compr-ehensive Plan
adopted in 1996 and, inadditiontler-egulff.- ameadments under WAen by the Git�,,
City eendueted a stalul—dy mandated feview and update in 2004,405. Aeeofdingly,nuw4-ef�,
--4
plan- remain felevant and appl,wo-FI...1.1-plating the Comprehensive Plan in 2016
----
... I.kely molude additional opper4im..., ---sess eammunitywide attitudes. Betw
rehensive Plan HpAateS
attitudes ean best be infi�ffed through.leeal eleetien-fes—u4s-,
pefsp tives expmsqed by publie representatives suel- the Planning Commission and
eomments r-eeeived during publie eonifnent periods. Whether the proposal reflects current
widely field values is bestv4l-l-be determined by the extent to which it is consistent with the
Comprehensive Plan and by the comments and decision made during the amendment
process. As-per Conclusion #18 aboveCouncil finds that the_proposal to extend C-11 zoning
to Third Street is inconsistent with Comprehensive Plan Land Use Policies 9.14 and 1.0.4 which
are intended to protect the livability and viability of established neighborhoods. As identified in
the Zoning,History,a previous attempt to rezone Block 280 to C-11 and construct a 20,000 square
foot commercial building generated a SEPA appeal and ultimately,Council denial.
Comprehensive Plan Amendment Criteria 4: Would the proposed amendment maintain the
appropriate balance ref land uses within the city?
Ordinance 3119
Exhibit D-Ci(y Council Findings, Conclusions& Preliminary Decision
Page 9(#'13
21. Yes. The proposal would rezone approximately three acres of P-1 zoning C-11. The P-1
zoning district is intended for lands used to provide public utilities,facilities, and services.
JTA has indicated the land is no longer needed for these purposes. Per Land Use Policy I 0.4,
the Comprehensive Plan anticipates commercial zoning may be increased along the Gateway
Commercial Corridor .....allow the Gateway Commercial Corridor to be increased in depth
to enable development of integrated commercial projects..... ..
Comprehensive Plan Amendment Criteria 5: Would the proposal implement the
comprehensive plan; or alternatively since the adoption of'the comprehensive plan, has there
been asubstantial change in circumstances related to the proposed amendment and/or the
area in which it is located which warrants the proposal?
22. Althou2h JT'A's decision to relocate the bus depot represents a changed circumstance,the
surrounding neighborhood has not substantially changed. Whieh warrants the pr-epesa4As
requested, the proposed amendment would be contrary to the coin prehensive plan as
described in Conclusion 18, above. The proposal as modified by Council would implement
the Comprehensive Plan and is consistent with the existing and historic aconin of the area.
Comprehensive Plan Amendment Criteria 6: In the case ofan amendment to the comprehensive
land use map, are the subject parcels physically suitablefi)r the requested land use designation(y)
,and the anticipated land use developmenl(s), including, but not limited to, access,provision(?f'
utilities, compatibility with adjoining land uses and absence cel physical constraints?
21 While those portions of the jeffersonTransit Site proposed for C-11 are physically suitable for
commercial use, Yes,in ligM, of the (f,,xhibit 4.7)combined
X/Tn_kTQ
impleniepA&Aionef the fnitigt-AienmeEtsafesset farffi in theRevissed' ....1. andeomplianeewi
T1_
applie,able stmdards(eg.,Enginee-ent-g-Pesig..St—andards---.-d Cenmnercial design
fifne ofapplieation for-a development pen�nit(Se!e Findings I .11 .- -.d-#14)the pareels
suitable4Z)khe requested land use designation would be incompatible with adioining land use-a+-A
an6eivated develev.
Comprehensive Plan Amendment Criteria 7: Will the proposed amendment create a pressure
to change the land use designation oj'other properlies? #'yes, is the change of'land use
designalionfiJr other properties in the long-term interests of'the community in general`?
24. It is unlikely that the proposal will create pressure to change land use designations of other
properties. Surrounding properties to the west are encumbered by a steep-sided ravine.
Zoning of Blocks 278 and 279, to the west, was previously reviewed and adjusted by Council
in 2001.
Decision
Based on the foregoing revised findings and conclusions, Council amends the land use and
Ordinance 3 119
Exhibit D-City Council Findings, Conclusions&Preliminary Decision
Page 10 o
J'13
zoning maps to re-designate/rezone Block 261, Lots I and 2 of Block 280,intervening vacated
Fourth Street and abutting vacated McClellan from Public Infrastructure(P-1) to General
Commercial (C-11);and Block.280 and abutting vacated McClellan Street from Public
Infrastructure (P-1) to Medium Density Single-family Residential(R-11)subject to rescinding the
restrictive covenant (AFN436069).
Staff is directed to make commensurate revisions to:
a. The Land Use and Zoning Maps as presented in Exhibit 1.3.
b. Acreages in Table IV-2 of the Land Use Element
ITEA112 KAH TAI LAGOON PARK POLICY& REASSESS DECATUR STREETTRAIL
Project Description: Add the following parks,& recreation policy to the Land Use Element of
the Comprehensive Plan: 4.5.1 Extend maximum environmental protection in Perpetuity for
the exclusive open space, wildlife habitat, and passive outdoor recreation functions within Kah
Tai Lagoon Nature Park, Reassess the Decatur Street multi-use trail designation shown in the
NonMotorized Transportation Plan along the easterly shoreline of Kah Tai.
Project File Number: LIJPII-015
Project Address: Generally bound by Sims Way, 12 h, Landes, I 9,h, and Kearney Streets
Property Owner: City of Port Townsend.
ITE .3' KAH TAI LAGOON PARK POLICY ALTERNATIVE LANGUAGE &
REASSESS DECATUR STREET TRAIL
Project Description: Staffalternative language to suggested policy 4.5.1, Reassess the Decatur
Street multi-use trail designation shown in the NonMotorized Transportation Plan along the
easterly shoreline of Kah Tai.
Project File Number: LIJPII-055
Project Address: Generally bound by Sims Way, 12"', Landes, 19"', and Kearney Streets
Property Owner: City of Port Townsend
Planning Commission recommended the NMTP be amended to reflect elimination of the Decatur
Street Trail as recommended by the NmTB. The Planning Commission did not accept the
recommendation for two trail additions. Further,the Planning Commission recommends the addition
of Alternative Policy 4.5.1 as revised(June 2014)to the Land Use Element of the Comprehensive
Plan.
City Council is considering elimination of the proposed Decatur Street multi-use trail along the
easterly shoreline of Kah"Fai between Clay and Blaine Streets and easterly on Blaine to Kearny Street.
Council agreed with the Planning Commission to not accept the recommendation for two trail
additions. Further,Council preliminarily approved blending suggested policy language in Item 2. with
staff suggested policy 4.5.1 (revised June 20:14)as follows:
4.5.1 Extend maximum environmental protection in perpetuity for the exclusive open
,space,_wildlife habitat, and passive outdoor recreation functions within KahTaiLagoon
Ordinance 3119
Exhibit D-City Councit Findings, Conclusions& Preliminary Decision
Page 11 rad 13
Nature Park. Within those areas depicted on the 6Q) Boundary Map(RCO Project 4 81-043,
LCWF'53- 0486,executed by the City on July 3,21713 and the State Recreation and
Conservation Office on June 19,2013), Kah Tai,Lagoon Nature Park shall be designed and
mane ed in accordance with the legal obligations assumed under the 1981 Federal Land and
Water Conservation Fund Acquisition Grant,and M grant amendments. As stated on the
6(j)BoundM Mar): "All land within the boundaa of the park is dedicated in Wtpetuity to
public outdoor recreation."The contract obligations include the following(Project# 81-043A,
Amendment Number 2):
"The p1jr
pose-ofthe giant was to expand the City's ownership and control around the lagoon
and develop a municipal passive use nark.
"The lagoon is a natural area associated with marsh, wetlands,and grasslands and provides
nesting, feeding, and breeding habitat for lairds ducks and other wildlife. The area should be
set aside for preservation of natural resources and open space to serve wildlife habitat and
compatible passive recreation uses,"
The 6(D BoundarP q
y M ,depicting the property subject to the LWCF protections,the pmie'a
contract,and other key documents are recorded at Jefferson Counly Auditor File No. 585012
(July 18, 2014)..
Council adopts the Findings of Fact and Conclusions of the Planning Commission dated October
23, 2014 with the following revision:
Revise Finding 3. At the time the application was originally filed, the City was leasing a portion
of Kah Tai Nature Park from the Port of Port Townsend. There was no record of the 6f boundary
in Gity files of how the pa-1- was fer-med of of its eenneetia as required by the Land and
Water Conservation Fund(LWCF) grant agreement. Nor was there any guidance in the
Comprehensive Plan concerning the obligations that came with the acceptance of the federal
funds used to create the park. The proposed amendment was to remedy that situation.
Add Finding 8. Planning Commission recommended elimination of the existing multi-use trail from
Clay Street north to Garfield Street(4),however they did not accept the NMTB recommendation to
add two new trail seg!nents(b). This action would result in a remnant spur of the Decatur Street Trail
between Garfield and Blaine Streets(Exhibit 2.2).
Conclusions
Coml2rehensive Plan Amendment Criteria 1: Will the amendment adverse4y qf h it I
,Pctt ep b i C
health, sqfety and wef�re in any significant way?
22. The intent of the amendment is to maximize protection of Kah Tai Lagoon Nature Park and
acknowledge that theiv.ah'rai Lagoon!Natur-e Park is a federally-created and federally-protected
park in perpetuity and to reassess a future trail alignment. No adverse effects to the public health,
safety or welffire have been identified.
Ordinance 3119
Exhibit D-City Council Findings, Conclusions& Preliminary Decision
Page 12 qf 13
Comprehensive Plan Amendment Criteria 2: Is the proposed amendment consistent with the
GGA and adopted county-wide planning policies?
23. The proposal is consistent county-wide planning policies and implements the GGA,
specifically in regards conservation of open space and fish and wildlife habitat. Removal of
the Decatur Street multi-purpose trail from the NMTP is consistent with wildlife preservation
policies.
Comprehensive Plan Amendment Criteria 3: Does the proposed amendment reflect Current
widely held community values or resolve inconsistencies in the city's comprehensive plan?
24. In the formative years of Kah Tai Nature Park the community expressed support by way of
time, money,and property donations that made up the matching funds for the acquisition and
development grants. Decades of volunteers have since cared for the park in times of Urnited
Park funding. Volunteers include but are not limited to members of the Friends of Kah Tai,
Audubon Society, and Washington Native Plant Society. The additional policy language
"maximizes protection of the Kah Tai Park park in perpetuity f a the exclusive 2pg n space,
wildlife habitat and passive outdoor recreation functions within Kah Tai t,agoon Nature
Park"' is consistent with community values.
Comprehensive Plan Amendment Criteria 4. Would the proposed amendment maintain the
appropriate balance of land uses within the city?
25. The proposal recognizes and expands upon existing federal protections; it would not alter the
existing balance of land uses.
Comprehensive Plan Amendment Criteria 5: Would the proposal implement the
comprehensive plan; or alternatively since the adoption of the comprehensive plan, has there
been a substantial change in circumstances related to the proposed amendment andlor the
area in which it is located which warrants the proposal?
26. The proposal is consistent with and implements the city's comprehensive plan (See
Finding#17). The existence of contractual federal protection obligations for these lands has
only recently been re-discovered and may not have been considered during the adoption of
the Comprehensive Plan. Furthermore, the agreement between the City, Port and NPS and
RCO resolving the lawsuit and subsequent transfer of the Port's interest in its Kah Tai
property to the City represents a change in circumstances (Finding#6), Finally, eliminating
the Decatur Street multi-use trail from the Nm,rp is consistent with the comprehensive Plan
goal of maximizing environmental protection.
ITEM 4. ADD FORT WORDEN GOAL & POLICY
Council moved to approve docket Item #4 as recommended by the Planning Commission in their
Findings, Conclusions& Recommendation dated 10-23-14.
Ordinance 3119
Exhibit D-City Council Findings, Conclusions& Preliminary Decision
Page 13 qf 13
ITEM 5. PARKSIDE PARK REZONE
Council moved to approve docket Item #5 as recommended by the Planning Commission
Findings, Conclusions & Recommendation dated 10-23-14.
ITEM 6. BEECH STREET REZONE
Project Description: Planning Commission recommended denial of the 2jqn2sal to cGhange
the land use designation and zoning of approximately .88 acres of ity-owned land from
P/OS(B) (Mixed Public/Infrastructure/Open Space)to P/OS (Existing Parks and Open Space)
(Exhibits 6.1, 6.2, and 6.3).
Project File Number: 14-028
Project Address: Generally located on the westerly side of Beech Street,between M and P Streets.
Assessor's Parcel No. 985204401.
Property Owner: City of Port Townsend
Council accepts the Planning Commission's Recommendation and adopts the Findings and
Conclusions of the Planniul,Commission dated OctobgL23. 2014 exceas sgecificall revised
Mt -- -----y--
below:
Findings of Fact
Add following new Fipdin is
.L_
5. As indicated in Table 17.24.020 PTMC, Public, Park and Open Sace Zoning Districts-
Permitted, Conditional and Prohibited Uses (Exhibit-6.4); a number of active recreational uses
are permitted in the P/OSzoning district that are prohibited intheP/OS(B) zoning,district.
6. POS(B)-,has been applied to other city owned parcels serving open space/stormwater
functions (e.g., Levinski property. Winona Wetlan s
�Lj
Conclusions
24. Stormwater Functions,and pPublic open space serve a legitimate public purpose.
25. The Beech Street property is currently serving as "open space"; a permitted use Linder the
existing zoning designation (P/OS (13)), The neighbor-hood is se.rwe—d by--offiefous other
devela—1 par-ks and open (eg., Fort Wordeft, Chefry Stfeet Pafk aa444ogff
D11- 1-
Bottoms). Me 2014 Parkq & Open Spa—, identified a Idefleieney in this are
g-is,me*-- -e-1.1-c-tive,than the etiffenA WOS designation,
27. Granting the petition would further limit the city's use of the property, and may lii*44he
kw 11--Ing in fuiure-
ability of the 6.41.y I --ideF stir-plus fef the beHefit efa44dab -1--;
Steve Gross
Gtyof port City Attorney
250 Madison, Suite 2
Port Townsend, WA 98368
Townsend 360-379-5047 Fax 360-385-4290
sgross@cityofpt.us
TO: Joanna Sanders, City Clerk
Lance Bailey, Planning Direct
FROM: Steve Gross, City Attorney
SUBJECT: Ministerial correction to Ordinances 3119 and 3135
DATE: October 21, 2015
In reviewing these Ordinances, Development Service Department staff noticed an error
in the description of the affected lots in Block 280.
Council approved rezoning the two lots in Block 280 to C-II. The Planning Commission's
recommendation, which as adopted by the Council, identifies those two lots as "Lots 1
and 2." In reviewing the plat, staff discovered that the lots should be identified as "Lots
1 and 8."
Since the proper lot number is clearly established by the original plat (see Exhibit A),
please ask the Code reviser to ensure that both Ordinances 3119 and 3135 reflect the
change from "lot 2" to "lot 8."
Attachments
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