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HomeMy WebLinkAbout2983 Definition and Review Criteria for Minor VarianceOrdinance No. 2983 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTERS 17.08 and 17.86 OF THE PORT TOWNSEND MUNICIPAL CODE, REVISING THE DEFINITION OF A MINOR VARIANCE AND CREATING SEPARATE MINOR VARIANCE REVIEW CRITERIA RECITAL: The City Council of the City of Port Townsend finds as follows: 1. Port Townsend is a community with a very special environment, both natural and man-made and the qualities of both must be respected so that the uniqueness of Port Townsend can flourish without inappropriate changes. 2. The Port Townsend Comprehensive Plan was adopted to provide guidance for the community on accommodating growth and redevelopment in a manner that respected the natural and built environment and enhanced the community. 3. Title 17 (Zoning) of the Port Townsend Municipal Code was adopted to implement the Comprehensive Plan. 4. The definition of minor variance, codified in Chapter 17.08 PTMC, and the variance process, codified in Chapter 17.86 PTMC, was found to be unnecessarily limited and without review criteria. 5. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps of the Comprehensive Plan and Implementing Regulations. This ordinance has been developed in conformance with the requirements for land use code text revisions set forth in Section 20.04.090 PTMC. 6. The Planning Commission considered in workshop session the need for revisions to the requirements and standards associated with minor variances. 7. On November 8, 2007, after timely and effective public notice, the Planning Commission conducted and open record public hearing to accept public testimony on the proposed amendments to Chapter 17.08 and 17.86 PTMC. Following the close of the public hearing, the Planning Commission reviewed the record, deliberated, and by a vote of 7 in favor and 0 opposed recommended adoption of the proposed amendments with minor revisions. 8. On August 4, 2008, after timely and effective notice, the City Council conducted an open record public hearing to accept public testimony on the proposed amendments to Chapter 17.08 and 17.86 PTMC. At the close of public hearing, the Council deliberated upon the proposal. Council asked a number of questions and directed staff to provide additional information. Council moved to approve first reading of Ordinance. 9. The City Council finds that opportunities provided for meaningful citizen participation in this amendment process are consistent with the requirements of the GMA (36.70A RCW) and the procedures set forth in Chapter 20.04 PTMC. 10. The City Council finds that the amendments to Chapter 17.08 PTMC "Definitions" and 17.86 "Variances" recommended herein have been reviewed under the State Environmental Policy Act (Chapter 43.21C RCW and chapter 197-11 WAC) and Chapter 19.04 PTMC. On October 24, 2007, the City's SEPA Responsible Official Page 1 Ordinance 2983 issued a Determination ofNon-significance for the amendments adopted herein. On November 22, 2007, the public comment period for SEPA closed; no comment letters were received. The SEPA Responsible Official issued a final determination of non- significance (DNS) on November 26, 2007. 11. The City Council finds that Code amendments set forth herein are wholly consistent with the Community Direcfion Statement contained in Chapter III of the Plan, and the review and amendment procedures set forth in Section 20.04 PTMC. 12. The City Council expressly finds that site-specific criteria set forth in Section 20.04 PTMC are inapplicable to the text amendments recommended herein, and therefore need not be applied. 13. All audio taped and written record of the Planning Commission and City Council's deliberations during the meeting and hearings described in the above findings are incorporated herein by this reference. 14. Consistent with the requirement of the GMA, Planning staff provided notice of intent to adopt and requested expedited state agency review of the proposed development regulation or amendments to the State of Washington Department of Community Trade and Economic Development (CTED) for review and comment prior to the adoption of this ordinance (RCW 36.70A.106). No substantive comments were received from DCTED prior to the adoption of this ordinance. 15. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70ARCW) and is externally consistent and compatible with the 14 state-wide planning goals contained with in the GMA (RCW 36.70A.020). 16. This ordinance has also been reviewed against the requirements of the County-wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. 17. Based upon the foregoing findings, the Council finds that adoption of the amendments to the narrative text and tables of Chapter 17.08 PTMC "Definitions' and 17.86 "Variances" will promote that public health, safety and welfare of the citizens of Port Townsend and should be approved. NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. Revise the Definition of a Minor Variance and Create Separate Minor Variance Review Criteria. Section 17.08.060 PTMC is hereby amended, and shall read as follows: ~.~., A Tn L,. .. .«:L ~ ,.F n« o :nti«..1...:1,7: «.. .,.1.: n1.. „1.7 e~,Le...7 « rl.n« 1 n .., n«L l.e~.,.«,l ..e o e«Ln onrnl.l: nl.o(1 ;« ('l.;«~~th...,,.T~ T1 T,. L.. « «n;4 0 ,.F n« n :n4:«.. 1...:1.7: «.. ..,l,: nl, : «Fn «.«:«.. n.. L.. n,.Ll.n nL ,.. 1..4 n n«Ln n«.7 •L.e « nn.7 n ,.1.7~ 1 A7„L :« o Llne « ,. «Fn.-«.:L., nF Ll.o 1...:1.7:..... n«.7 Page 2 Ordinance 2983 1 Ti,.r «~.....1• :..... «..«ti .... ,.F R.o l,.,a A;.... ,. « Ae:... ,. 1....,.toA ..1 ,..,,.« t.... ..1...,+:..,~ ., o«t.. 1:..,0 .1,..« ,1,. ~~ rl.o o ,.ti«.. L..,:1.7:.. ..a :t.... o..r « ..a a,. ,..,:,1 .«t., 1: c "Variance. minor" means a variance which would permit one of the followinu: A Un to 5 percent below the minimum lot size and/or lot width for infill development r r« .,, c ,., o..r l.ol......l,e ,,, ..... 1,..., o r . ~,..+..~,, u,.....:..,. Develarm°~+~;~ ~~ non n~r>\,r~~ C. Un to 5 percent below the minimum lot area for Planned Unit Developments (17.32.030 PTMCI: D. Un to a 20 percent reduction of one setback in the residential zonine districts (17.16.020 PTMCI. "Infill development°' means the development of a vacant or under-utilized parcel or parcels that are similar in size and configuration to those found in the adiacent developed area. Infill development minimizes the need for new utilities and streets and supports the more efficient delivery of urban services through compact development patterns. Chapter 17.860 VARIANCES Sections: 17.86.010 Purpose. 17.86.020 Scope. 17.86.030 Application submittal and contents. 17.86.040 Permit review process. 17.86.050 Approval criteria. -Variances 17 86.055 Annroval criteria -Minor variances. 17.86.060 Alternative approval criteria -Restoration of historic structures. 17.86.065 Alternative approval criteria -Off-street parking and loading variances. 17.$6.070 Additional conditions. 17.86.080 Limitation on authority. 17.86.090 Effective period. 17.86.100 Extension of time. 17.86.1 ] 0 Assurance device. 17.86.010 Purpose. To provide a mechanism whereby the city may grant relief from the provisions of this title where practical difficulty renders compliance with the provisions of this title an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of this title and of the Port Townsend Comprehensive Plan can be fulfilled. (Ord. 2571 § 2, 1997). 17.86.020 Scope. This chapter shall apply to each application for a variance from the provisions of this title. (Ord. 2571 § 2, 1997). 17.86.030 Application submittal and contents. Page 3 Ordinance 2983 A. The application for a minor variance or a variance shall be submitted to DSD on forms provided by the department, along with the appropriate fees established by Chapter 20.09 PTMC. The application shall include all materials required pursuant to PTMC 20.01.100. B. The director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997). 17.86.040 Permit review process. A. Except as specified in subsection B of this section, variance applications shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. B. Applications for minor variances as defined in Chapter 17.08 PTMC and listed in 17.86 055 shall be processed according to the procedures for Type 11 land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. (Ord. 2571 § 2, 1997). 17.86.050 Approval criteria -Variances. The decisionmaker may approve or approve with modifications an application for a variance from the provisions of this title if: A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zoning district in which the subject property is located; and B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; and C. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which the subject property is located; and D. The special circumstances of the subject property make the strict enforcement of the provisions of this title an unnecessary hardship to the property owner; and E. The special circumstances of the subject property are not the result of the actions of the applicant; and F. The variance is the minimum necessary to fulfill the purpose and the need of the applicant; and G. The variance is consistent with the purposes and intent ofthis title; and H. The variance is consistent with the goals and policies of the Port Townsend Comprehensive Plan; and L The fact that property may be utilized more profitably will not be an element of consideration before the decisionmaker. (Ord. 2571 § 2, 1997). 17.86.055 Approval criteria-Minor variances A. The director of development services may Brant a minor variance if it is shown that the proposal is consistent with criteria I-6• l . Does not detract from the desired character and nature of the vicinity in which it is proposed: 2. Is consistent with the existine land use pattern with resard to the standard beine varied_ Page 4 Ordinance 2983 3 Does not interfere with or neeatively impact the operations of existine land uses and all leeally permitted uses within the zonine district it occupies: 4 Does not constitute a threat to the public health safety and eeneral welfare within the~ity 5 Is minor in nature and would not constitute a Brant of special nrivileee inconsistent with the limitation upon uses of other properties in the vicinity and zonine district in which the subject property is located; 6. Does not result in an increase in the allowable density available for the proposal prior to the application: and 7. For applications involving a minor variance from the minimum lot area for Planned Unit Developments the special circumstances of the subject nroroertv are not the result of the actions of: a. The applicant, and/or b. The prior owner(sl of the subject property if the special circumstances occurred less than a 5 year period immediately precedine the date of the __ application for the minor variance. 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 ofany other section, sentence, clause or phrase or work of this ordinance. SECTION 3. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 15th day of September, 2008. Attest: Pamela Kolacy, MMC City Clerk ~,`~ ,~ Michelle Sandoval, Mayor Approved as to Form: C`~ 1 t--z~-f_- John P. Watts City Attorney Page 5 Ordinance 2983