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HomeMy WebLinkAbout2824 Amending Comprehensive Plan and Development Regulations Amendment ProcessOrdinance No. 2824 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, the Revised Code of Washington (RCW) 36.70A. 130 was amended in 2002 to require cities within Jefferson County to update their comprehensive plans by December 1, 2004 and at least every 7 years thereafter; and WHEREAS, the City has conducted an annual amendment process pursuant to PTMC Chapter 20.04 each year since 1998; and WHEREAS, since 1998 the City has considered five (5) site specific rezone requests and forty-two (42) suggested amendments. During that period seven (7) suggested amendments were not docketed for final consideration; and WHEREAS, since 1998 the Planning Commission has conducted an annual assessment each year as part of the Comprehensive Plan amendment process; and WHEREAS, by conducting Planning Commission assessments and considering suggested comprehensive plan amendments on a less frequent basis, City staff, the Planning Commission, and City Council will be able to dedicate more time to implementation of the Comprehensive Plan's adopted goals and policies; 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) Procedural Actions; and WHEREAS, the Planning Commission, after timely notice, held a public heating to accept public testimony on this matter on November 14, 2002, and recommended to the City Council on this matter that PTMC Chapter 20.04 be amended to increase the time between suggested amendment cycles and plan assessments while allowing formal, site-specific amendments to be proposed on an annual basis; 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; 1 Ordinance 2824 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 and index to Chapter 20.04 is hereby amended as follows (strike is deleted, underlined is added): Chapter 20.04 PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS Sections: 20.04.010 20.04.020 20.04.030 20.04.035 20.04.040 20.04.050 20.04.060 20.04.070 20.04.080 20.04.90 Amendments - Purpose and introduction. Amendment process to be once per year - Cumulative effects must be considered. Exceptions to the annual amendment process. Schedule for Suggested and Formal Comprehensive Plan Amendments and Updates. Applications for comprehensive plan amendment. Compilation of preliminary docket - Planning Commission Assessment. Process for selection of amendments to be considered during ~mua! re-Aew suggested amendment cycles - Public notice. Review of proposed amendments - SEPA - Transmittal to State. Review of final docket by planning commission and city council - Public notice. Land use code text revisions. SECTION 2. Those portions of PTMC 20.04.010 - 030 which read as follows is hereby amended as follows (strike is deleted, underlined is added): 20.04.10 Amendments - Purpose and introduction. A. Purpose. The purpose of this chapter is to establish procedures for amending the Port Townsend comprehensive plan, defined for the purposes of this chapter as including the plan text and/or the land use map. The Growth Management Act (GMA) generally requires a!!zws amendments to comprehensive plans occur at least once every seven (7) years (by December 1, 2004 and every 7 years thereafter) and no more frequently than en!y once per year, except in emergency situations. This chapter is intended to provide a process based upon a 7-year amendment cycle that includes: (1) an annual process with timelines and procedures whereby property owners, their agents or project proponents may submit applications for formal, site- specific amendments to the comprehensive planl; (2) a process whereby the city will compile and maintain a preliminary docket of proposed suggested amendments to the comprehensive plan coinciding with 7-year plan updates and mid-cycle assessments (see table 20.04.035), and then select which proposed amendments will be placed on the final docket for review; fox ! This deadline shall be effective on March 1, 2003, for applications submitted for the 2003 amendment cycle. 2 Ordinance 2824 ........ · ........ ,-t,, evmers) '--- ,ha r,,,~l ,~^otr~*; and (3) criteria for review of the final docket by the pl~ng commission ~d ciW co~cil. This chapter ~ also intended te provide~a process for ~e plying co~ission to periodically monitor ~d assess the comprehensive pl~, ~d based on t~s review to reco~end mendments (if ~y) to the pl~ as p~ of the 7-yem update ~mua! ~endment ~d mid-cycle ~sessment process. B. Public P~icipation. The public p~icipation process set fo~h in this chapter is intended to solicit from the public suggested men~ents to the Po~ Tomsend comprehensive pl~ for ~e consideration, ~d to provide ~ oppoa~ity for public cogent on ~y proposed mendments. This is achieved by e~ly ~d continuous public involvement ~th broad dissemination of proposals ~d alternatives, oppo~ity for ~i~en co~ents, public meetings aRer effective notice, provisions for open discussion, info~ation se~ices, ~d consideration ~d response to public comments. C. Pl~ng Co~ission Role. ~e pl~ng commission shall m~e reco~endations to ~e ci~ co~cil on all comprehensive pl~ matters, including men~ents to the pl~ text ~d l~d use map, development regulations ~d sub-mca plus. ~ D. Applicability of Chapter 20.01 PTMC. ~en~ents to the comprehensive pl~ text, the l~d use map, ~d the development regulations ~e legislative, Type V decisions ~der Chapter 20.01 PTMC, ~d p~iculmly PTMC 20.01.060 ~d 20.01.070. Accordingly, ~1 applicable provisions of that chapter apply to the decision-m~ing process adopted in this chapter, reg~dless of whether they ~e specifically refe~ed to herein. 20.04.020 Amendment process - Schedule for Amendments to be enee per year - Cumulative effects must be considered. A. Annual Amendments Process. Except as provided in PTMC 20.04.030, '- ...... ~o c~ ...... ~ ...... *'" *~ ............ ppli ............ ~ ...... ~ .............. ~ yem fo~fl a cations to mend the text of the comprehensive plan or the l~d use map shall be considered by ~e city co~cil no more frequently th~ once every ye~ per the schedule outlined in Table 20.04.035; provided, that proposed mendments relate to a site-specific proposal. ~y such application must be accomp~ied by a filing fee as set fo~ in Chapter 20.09 PTMC. B. Suggested ~en~ents - Mid Cycle Review. Except as provided in PTMC 20.04.030, suggested men~ents to ~e Po~ To--send Comprehensive PI~ shall be considered by the City Co~cil conc~ently wi~ a scheduled 7-ye~ update or mid-cycle assessmem per Table 20.04.035. C~ Proposals for pl~ men~ent shall be considered concu~ently so that the cmulative effect of all items on ~e final docket Mi1 be asce~ned. Proposals may be considered at sep~ate meetings or he~ings, so long as the final action t~en considers the cmulative effect of all the proposed mendments to the comprehensive pl~. 20.04.030 Exceptions to the annual amendment process. 3 Ordinance 2824 A. Emergenzies. Exceptions. In addition to the annual amendment process specified in 20.04.020 and .035, the city council may amend the Port Townsend comprehensive plan in any of the following circumstances: 1. The City Council may initiate amendments to the comprehensive plan during each annual amendment. An affirmative vote of not less than a maiority of the total members of the Council is required to initiate consideration of such an amendment. During formal amendment cycles per table 20.04.035, the Council shall enter a finding that to wait until the next suggested amendment cycle would be detrimental to the public's interests. Council initiated amendments shall be automatically placed on the docket and shall be considered in the next scheduled annual amendment process. The BCD Director and the Planning Commission may request the City Council initiate a particular amendment during the next annual amendment process; 2. -1-:. Resolution of an emergency condition or situation that involves public health, safety or welfare and when adherence to the annual amendment process would be detrimental to public health, safety or welfare; 3. ~ Initial adoption of an identified subarea plan that does not modify the Comprehensive Plan policies and designations applicable to the subarea; 4. ~3. Resolution of a decision by an administrative agency or court of competent jurisdiction. Situations involving official legal or administrative action (such as decisions by the Western Washington Growth Management Hearings Board, or the state or federal courts, actions of a state agency or office, or the state legislature) affecting Port Townsend will be reviewed by the planning commission with advice from the city attorney's office to determine if an appropriate "emergency" exists, necessitating an emergency comprehensive plan amendment; 5. The correction of unintentional mapping "errors" on the City's official zoning, shoreline, nonmotorized, critical areas, or other regulatory or planning maps; 6. The adoption or amendment of the City's Shoreline Master Program under the procedures set forth in chapter 90.58 RCW; and 7. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the City's budget. SECTION 3. New Section 18.12.060 (A)(3) relating to a schedule for suggested and formal comprehensive plan amendments, which reads as follows, is hereby added in its entirety: 20.04.035 Schedule for Suggested and Formal Comprehensive Plan Amendments and Updates. A. Table 20.04.035 establishes processes and yearly schedules for the amendment and assessment of the Port Townsend Comprehensive Plan. Prior to 2002 comprehensive plan amendments and planning commission assessments of the plan occurred on an annual basis. The schedule of amendments and assessments per Table 20.04.035 increases the time between suggested amendment cycles and plan assessments while allowing formal site-specific amendments to be proposed on an annual basis. B. State mandated 7-year updates. Each 7-year update shall be conducted pursuant to RCW 36.70A. 130 and the procedures contained in this chapter. The scope of work for each 7-year update may vary depending upon applicable state mandates and local needs. Each 7-year update may include, but not be limited to the following work items: 1. Establish a scope of work for each 7-year update including a public participation program; 4 Ordinance 2824 2. Review of state growth management amendments adopted since last 7-year update; 3. Review of comprehensive plan for consistency with adopted County-wide Planning Policies and the Jefferson County Comprehensive Plan; 4. Review of U.S. Census data, population prqjections from the State Office of Financial management, and local data on growth trends; 5. Update of the plan's database including existing conditions and inventories; 6. Review of text, tables, goals, and policies of the comprehensive plan against the assessment criteria of PTMC 20.04.050(C). C. Site-specific amendments. Site-specific amendments may be proposed annually consistent with the processes and requirements of PTMC 20.04.040 for "formal" applications. D. Suggested Amendments. The consideration of suggested comprehensive plan amendments is limited to the second phase of each 7-year update and to years corresponding to mid-cycle assessments. The limitation on suggested amendments is intended to allow for increased implementation of the comprehensive plan and consideration of suggested amendments in a more concerted fashion with broader public participation. E. Planning Commission Assessment. Conducted pursuant to PTMC 20.04.050(C) during the first phase of each 7-year update and during each mid-cycle assessment. Intended to periodically assess changes in the community and whether amendments to the comprehensive plan are warranted. F. Implementation. The process and timelines of comprehensive plan amendments specified in Table 20.04.035 include references to plan "implementation." During implementation cycles, suggested amendments to the comprehensive plan will not be considered and planning commission assessments of the plan will not be conducted. These "off-years" will be devoted to other planning tasks including implementation of adopted goals and policies of the comprehensive plan. G. Years not specified. Table 20.04.035 provides a yearly schedule of amendments through year 2022. It is intended that this pattern of amendments be continued beyond 2022 unless otherwise amended. Table 20.04.035: Schedule for Suggested and Formal Comprehensive Plan Amendments and Updates 2003 Phase I of 7-year update Yes No No' 2004 Phase II of 7-year update Yes Yes No 2005 Implementation Yes No No 2006 Implementation Yes No No 2007 Mid-Cycle Assessment Yes Yes Yes 2008 Implementation Yes No No 1 Beginning in 2003 the planning commission will no longer conduct an "annual assessment" of the comprehensive plan. Instead, planning commission assessments will occur less frequently and shall occur during Phase I of each 7-year update and also during each mid-cycle assessment, beginning in 2007. 5 Ordinance 2824 2009 Implementation Yes No No 2010 Phase I of 7-year update Yes No Yes 2011 Phase II of 7-year update Yes Yes No 2012 Implementation Yes No No 2013 Implementation Yes No No 2014 Mid-Cycle Assessment Yes Yes Yes 2015 Implementation Yes No No 2016 Implementation Yes No No 2017 Phase I of 7-year update Yes No Yes 2018 Phase II of 7-year update Yes Yes No 2019 Implementation Yes No No 2020 Implementation Yes No No 2021 Mid-Cycle Assessment Yes Yes Yes 2022 Implementation Yes No No SECTION 4. Those portions of PTMC 20.04.040 - .090 are hereby amended as follows: 20.04.040 Applications for comprehensive plan amendment - Formal and suggested amendments. A. Who May Propose an Amendment - Application - Fee. 1. Formal Applications. Any interested person, defined as proponents of land development projects and/or property owner(s) or their authorized representative(s), may file a formal application for an amendment to the comprehensive plan; provided, that the proposed amendment relates to a site-specific proposal. Any such application must be accompanied by a filing fee as set forth in Chapter 20.09 PTMC. 2. Suggested Amendments. Anyone may suggest an amendment, which shall be added to the "list of proposed amendments" to be maintained by the BCD director and considered during the next scheduled suggested amendment cycle per Table 20.04.035. In general, suggested amendments should be limited to proposals that broadly apply to the goals, policies and implementing strategies of the comprehensive plan, rather than amendments designed to address site-specific issues of limited applicability. Whether such amendments are considered during the ~.ua! re'Aew precess next scheduled suggested amendment cycle shall be governed by the process outlined in PTMC 20.04.060. No fee shall be required for such proposals. B. Amendment Deadline/Form. All suggested or formal amendments must be submitted to the BCD department by Ma5' March 1st of the current year in order to be considered during that year's ~meaa! amendment process per Table 20.04.035, except that city-sponsored amendments to the capital facilities and utilities element of the comprehensive plan may be accepted later than other proposed amendments because of their relationship to the city's annual budget process. All proposed amendments shall be submitted on BCD forms and include the following information, as determined by BCD to be necessary to evaluate the particular proposal: 1. Name and address of applicant; 2. A description of proposed plan amendment and associated development proposals (if applicable). Site-specific or project related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed site- specific or project related comprehensive plan amendments that do not specify proposed use(s) 6 Ordinance 2824 and potential impact will be assumed to have maximum impact to the environment and public facilities and services; 3. Proposed amendatory language,v'"'"4"'"°*'l"J shown in a "bill" format (new language underlined; language proposed for deletion in strikeout); 4. An explanation of why the amendment is being proposed; 5. An explanation of how the amendment and associated development proposals (if any) meet, conflict with or relate to the criteria set forth in PTMC 20.04.080(A)(3); 6. A SEPA checklist (for site-specific applications); and 7. Any additional information deemed reasonably necessary by the BCD director to evaluate the proposed amendment. 20.04.050 Compilation of preliminary docket - Planning Commission Assessment. A. B.. Formal Applications for Amendments by Interested Persons. Tko ~.,~1;~ .... A,-~,.I~,~T oholl o~,, ~h,~ ~n r~ ~,~o r ........ ~ ....... p!~. ~mendments. Focal applications which ~e properly ~d timely filed will be automatically placed on ~e final docket for consideration d~ing the cu~ent ~ual mendment process. B.~. )wmua! L~st ef Suggested Amendments. Ea:h yom, tThe BCD dep~ment shall maintain for public review the ~mua! list of suggested mendments made by citizens, the ciW co~cil or members of the city co~cil, city staff, city depa~ents or other agencies to be considered d~ing ~e next suggested mendment review cycle per Table 20.04.035. By...~axao" M~ch 31 st of each ye~ in which suggested mendments ~11 be considered per Table 20.04.035, ~is list of suggested men~ents shall be compiled into a prelimin~ docket. PTMC 20.04.060 sets fo~h ~e process for selecting w~ch suggested mendments Mll be placed on a the final docket to go fo~ard d~ing the :u~ent ~mua! suggested ~endment review process cycles per Table 20.04.035. C. Plying Co~ission )wmua! Assessment of Comprehensive PI~. 1. Criteria for Avmua! Assessment. Begi~ing in ! 998 2007, the pl~ng co~ission shall assess ~d monitor ~e comprehensive pl~ d~ng .... v .... ~ eac~ yom mid-cycle assessment ~d d~ing Phase I of each 7-ye~ update per Table 20.04.035, ~ the exception of 2003. This assessment should be based on a consideration of the following criteria: a. ~ether gro~h ~d development as envisioned in the comprehensive pl~ is occ~ing hster or slower th~ ~ticipated, or is hiling to materialize; b. ~ether the capacity to provide adequate services is diminished or increased; c. ~ether sufficiem l~d is designmed ~d zoned to meet prQected dem~d ~d needs; d. ~ether the assmptions upon w~ch the pl~ is based me fo~d to be invalid; e. ~ether ch~ges in co~ity Mde a~itudes necessitate mendments to the goals ~d p~oses of the comprehensive pl~ ~d the basic values embodied ~n ~e comprehensive pl~ co~ity direction s~tement; f. ~e~er sufficient ch~ge or lack of ch~ge in circmsmces dictate the need for ~ mendment; ~d g. ~ether bconsistencies exist between ~e comprehensive pl~ ~d ~e GMA or the co~ty- ~de plying policy for Jefferson Co~ty or the Jefferson Co~W comprehensive pl~. 2. Timelines. The plying co~ission shall complete its ~mua! ~sessment of the Po~ Tomsend comprehensive pl~ by ~ Febru~ 28th of each mid-cycle assessmem yem, ~d ~y recommended men~ents shall be founded to the BCD director by May M~ch &a 7 Ordinance 2824 15th. The director shall place such suggested amendments on the preliminary docket, to be considered during the selection process outlined in PTMC 20.04.060. 20.04.060 Process for selection of amendments to be considered during ~ suggested amendment cycles - Setting the docket - Public notice. A. BCD Review of Proposed Amendments. After compiling the preliminary docket during suggested amendment cycles per Table 20.04.035, the BCD director should make a recommendation as to which amendments suggested by citizens, agencies or city departments he or she believes should be placed on the final docket for consideration during the suggested amendment process cycle. B. Joint Workshop - Notice. During each suggested amendment cycle :l:the city council and planning commission may, but are not required to, hold a noticed joint workshop to serve as an informational meeting between the two governmental bodies. If held, notice of the joint workshop should be given by publication in the city's official newspaper at least 10 days prior to the date of the he~ing workshop and by posting a copy of the he~ing workshop notice at City Hall, which shall include a statement of the purpose of the joint workshop. C. Planning Commission Hearing. The planning commission shall hold a noticed public heating on the preliminary docket. Following the hearing, the planning commission shall adopt a recommendation, identifying those amendments which it is recommending for city council consideration during tb.e ammat each suggested amendment process cycle. The decision shall be based on an evaluation of the need, urgency, and appropriateness of each suggested amendment. The planning commission shall take a vote on each suggested amendment to recommend or not recommend docketing to the city council. The language of suggested amendments may not be modified at time of docketing. However, the planning commission may choose to docket additional or alternative suggested amendments provided such amendments are drafted in line-in/ line-out bill format by the planning commission or staff. The planning commission's recommendation should also include those proposed amendments coming out of its avmu~ comprehensive plan assessment process. Notice of the planning commission heating shall be given by publication in the city's official newspaper at least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at City Hall, which shall include a statement of the purpose of the hearing. D. City Council Decision. By the second council meeting of June April of each ye~av suggested amendment cycle, the council shall consider the planning commission's recommended docket at a regularly scheduled public meeting. Council may adopt the planning commission's recommended docket without a public hearing; however, in the event that a majority of the council decides to add or subtract amendments, it shall first hold a public hearing, noticed as set forth in subsection C above, which shall be held by the first council meeting in July May. The final docket as adopted shall include all formal applications and any suggested ov rece~mended amendments whiz.h. co"~ci! decides to consider during tb.e c"..~, erX o~m'~a! review process the council chooses to forward from the preliminary docket. Amendments shall be docketed in whole or not at all, provided, the city council may docket additional or alternative suggested amendments crafted in line-in/line-out bill format. The council's decision to ......... .... ~,. ~-~'1~"~ .... a proposed amendment on the final docket does not constitute a decision or recommendation that the proposed amendment should be adopted. No additional amendments may be considered after council adoption of the docket for that year, with the exception of amendments to the capital facilities and utilities element or emergencies. 8 Ordinance 2824 20.04.070 Review of proposed amendments - SEPA - Transmittal to State. A. The final docket as adopted by council shall first be reviewed by the BCD department, and city staff shall prepare a staff report. BCD is also responsible for conducting SEPA review. As appropriate, the BCD department shall solicit comments regarding the proposed amendments from the public and/or government agencies. The BCD department will also provide notice and opportunity for public comment as deemed appropriate given the nature of the proposed amendments, and consistent with RCW 36.70A. 140 and SEPA. B. Transmittal to State. Once the final docket is established, BCD will transmit a copy of all proposed amendments to the comprehensive plan or land use code to the DCTED at least 60 days prior the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. 20.04.080 Review of final docket by planning commission and city council - Public Notice. A. Planning Commission Hearing - Notice. All proposed amendments on the final docket shall first be considered by the planning commission, which shall make a recommendation to the city council after holding at least one open record public hearing. 1. The hearing before the planning commission shall be noticed by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting ora copy of the notice of hearing in the Port Townsend City Hall. Additional public notice of site-specific amendment proposals will be mailed to current property owners within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior to the date of the hearing. This notice shall include: (a) the purpose(s) of amending and/or updating the comprehensive plan; (b) the deadline for submitting comments on the amendments; and (c) a tentative hearing schedule. Continued hearings may be held by the planning commission but no additional notices need be published. 2. The planning commission may establish subcommittees for more detailed study which shall include members of the public and at least two planning commissioners. 3. For all amendments, the planning commission shall develop findings and conclusions and a recommendation which consider: a. Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Port Townsend comprehensive plan; b. Whether the assumptions upon which the Port Townsend comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or ~ arc. ua! during previous amendments cycles of the Port Townsend comprehensive plan; and c. Whether the proposed amendment reflects current widely held community values. 4. Site-Specific Amendments. In addition to considering the criteria set forth in subsection (A)(3) of this section, in order to recommend a proposed plan amendment which relates to a site- specific request, the planning commission must also find that: a. The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services. 9 Ordinance 2824 b. The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Port Townsend comprehensive plan. c. The proposed amendment will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. d. In the case of an amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses. e. The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term interests of the community in general. f. The proposed action does not materially affect the land use and growth projections which are the bases of the comprehensive plan. g. The proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city. h. The proposed amendment is consistent with the GMA, the adopted cotmty-wide planning policy of Jefferson County, any other applicable interjurisdictional policies, plans, or agreements, and any other state or local laws. 5. The planning commission's findings and conclusions shall include a recommendation to the city council that the proposed amendment(s) be denied, approved or approved with conditions or modifications. B. City Council Review/Appeal. 1. City Council Workshop. The city council may first review the recommendation of the planning commission in a workshop meeting. 2. City Council Hearing. The city council shall consider the changes to the comprehensive plan o, ...... ~o~ .... ~,~a,,~ ~,~.,- ~, .,~,.u ~, and shall hold an open record public hearing on the amendments under the procedures set forth for public hearings in PTMC 20.01.240. The hearing shall be noticed by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing, and by posting copies of the notice of hearing in the Port Townsend City Hall. Additional public notice of site-specific amendment proposals will be mailed to current property owners within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior to the date of the hearing. The notice and public hearing for proposed comprehensive plan amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the city council. Written comments may be given by anyone to the city council regarding proposed plan amendments, and may be received up to and until the close of the public hearing. 3. Criteria for Evaluation of Plan Amendments. The city council shall apply the same criteria as the planning commission as set forth in subsections (A)(3) and (A)(4) of this section. Once docketed, comprehensive plan amendments may be denied, approved or approved with conditions or modifications. 4. Adoption by Ordinance. The city council shall adopt any amendments to the Port Townsend comprehensive plan by ordinance. The city council shall make reasonable efforts to take This final action on the docket must be *°~.~.., .... ~* *h,~..~ .~o~,1~*'~°* by the second council meeting of Nevember September of each year. 10 Ordinance 2824 5. Transmittal to State. nc, n ..m~, .....;* o copy ~'~ ........... ,~ ....~,~o,,, ~c,h~ ~ .... 1 ..... + r~TP~ ~* 1~oo+ ~ d~,s prior the ~vp ........... ~ ..................... ....... ~ .... ~., ...... ;o,.., ..;,h Chapter 2~ ~na v~x~t Per RCW 36.70A, BCD ~ll tr~smit a copy of ~y adopted mendment to DCTED (the Washin~on State Dep~ent of Comm~iV, Trade ~d Economic Development) within 10 days after adoption by co~cil. 6. Appeals. All appeals to ~e adoption of ~ mendment to the comprehensive pl~ shall be filed wi~ ~d processed by the Western Washington Gro~ M~agement He~ings Bo~d in accord~ce ~th the provisions of Chapter 36.70A RCW. 20.04.090 Land use code text revisions. A. Initiation. The text of the adopted land use code (also referred to interchangeably as "development regulations") may be changed as long as the change is consistent with the Port Townsend comprehensive plan and land use map. The land use code means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances (including PTMC Titles 17, 18, 19 and 20), critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances. (RCW 36.70A.030.) Proposed amendments, changes, or modifications may be initiated as follows: 1. At any time at the request of the city council or the planning commission, or by BCD staff; or 2. Under the process and time lines (May March 1 st deadline for submittal) for comprehensive plan suggested or formal amendments as specified by PTMC sections 20.04.035 - 040 by tony · .'merested perzon. Any such application must be made to BCD on forms provided by the city and accompanied by payment of the filing fee for land use code text amendments as set forth in Chapter 20.09 PTMC, unless the proposal is in the form of a suggested comprehensive amendment; 3. In addition, immediately following a change or changes in the Port Townsend comprehensive plan and land use map, the land use code must be changed to be consistent with the Port Townsend comprehensive plan and land use map. ]3. Notice. 1. Proposed changes to the land use code pursuant to subsection (A)(2) of this section (which must be processed concurrently with the comprehensive plan and land use map) shall be processed and noticed in the same manner as other proposed amendments. 2. Notice of any hearing on text amendments generated by staff, the city council or the planning commission outside of the o~mua! comprehensive plan amendment processes established by PTMC sections 20.04.035 -.080 shall be given by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Port Townsend City Hall. 3. Any additional notice required by state or local law (such as statutory notice requirements required for amendments to the shoreline master program), or deemed appropriate by the BCD director, shall be paid for by the applicant. C. Planning Commission Review. The planning commission shall hold a public hearing on any text amendment to the land use code and make a recommendation to city council, using the site- specific criteria set forth in PTMC 20.04.080(A)(3) as applicable. D. City Council Review. The city council shall hold a noticed public hearing on the proposed text amendment and, after considering the recommendation of the planning commission and 11 Ordinance 2824 applying the same criteria, make a final determination on the amendments to the land use code. Any amendments shall be adopted by ordinance. E. Transmittal to State. BCD will transmit a copy of any proposed amendment to the land use code to the DCTED at least 60 days prior to the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. BCD will transmit a copy of any adopted amendment to DCTED within 10 days after adoption by council. F. Appeals. All appeals to the adoption of an amendment to the land use code shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. SECTION 5. City of Port Townsend/Port of Port Townsend MOU. The ordinance does not affect the Memorandum of Understanding between the City of Port Townsend and the Port of Port Townsend dated June 14, 2002. SECTION 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this ninth day of December 2002. t Kee~Kolff Mayor Attest: Pamela Kolacy, CMC, City CJ~5~k Approved as to Form: 12 Ordinance 2824