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HomeMy WebLinkAbout2634 Utility Committee Review of Utility PlansOrdinance No. 2634 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 040, PROJECT PERMIT APPLICATION FRAMEWORK TABLE, AND SECTION 060, LEGISLATIVE DECISIONS, OF CHAPTER 20.01, LAND DEVELOPMENT ADMINISTRATIVE PROCEDURES, OF THE PORT TOWNSEND MUNICIPAL CODE, TO PROVIDE FOR CONSIDERATION OF UTILITY PLANS BY THE CITY COUNCIL'S UTILITY COMMITTEE IN LIEU OF PLANNING COMMISSION CONSIDERATION WHEREAS, in Chapters 20.01 PTMC and 20.04 PTMC, the City Council has defined the derision-making process for the review and adoption of"Type V" land use plans and regulations; and WHEREAS, pursuant to RCW 35.63.060 and .080, the Port Townsend Planning Commission is authorized to prepare, review and recommend "plans for the physical development of the municipality," including the plarming and regulation of land uses; and WllEREAS, in conformance with state law, including the Growth Management Act, Chapter 36.70A RCW, the Port Townsend Planning Commission has a paramount role in crafting, reviewing, considering and recommending land use plans and regulations for City Council adoption; and WHEREAS, in addition to land use plans, the City of Port Townsend is in the process of drafting utility plans, including water system, sewer system, and stormwater system plans. These are technical plans having some impact on land use planning, but which are particularly tailored to a detailed analysis of the City's utility systems as opposed to land use designations. Chapter 35.63 RCW does not require Planning Commission consideration of utility plans; and WHEREAS, the City Council's Utility Committee possesses special expertise regarding utility planning and also can best analyze legislative and budgetary policy considerations related to the review of utility plans. The Planning Commission concurs that the Utility Committee is best suited to perform necessary consideration and make recommendations to the City Council regarding utility plans; and WltEREAS, the City Council hereby amends Chapter 20.01 PTMC to substitute the Utility Committee in lieu of the Planning Commission for the purpose of conducting initial public hearings regarding utility plans (defined as water, wastewater, stormwater, and solid waste plans), and making recommendations to the full City Council, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Section 20.01.040, Project permit application framework, is hereby amended to read as follows: 20.01.040 Project permit application framework. Table 1 - Permits/Decisions Type I~ Type II Type HI Type IV Type V Permitted uses not requiring Short subdivisions Preliminary full Final plats Port Townsend notice of application (e.g., subdivisions; plat comprehensive plan building permits, etc.) vacations and amendments alterations Binding site plans Lot line adjustments Recognition/subdivision Final planned Development resulting in lot of 10 or more lots of unit regulations reorientation record developments (PUBs) Lot line adjustments Revisions to Major CUPs Zoning text shoreline amendments and management permits zoning map amendments Minor amendments to Environmentally Shoreline management Annexations planned unit developments sensitive area (ESA) permits <pUBs) pe uits Minor modifications to Minor variances PUBs and major Shoreline master approved preliminary short amendments to PUBs program (SMP) and full subdivisions/plats amendments Sign permits Minor conditional Major variances Other land use and use permits (CUPs) utility plans and amendments Temporary uses Site-specific rezones consistent with the Port Townsend comprehensive plan Recognition and certification of 9 or fewer lots of record Strut use permits Land clearing/grading Multiple family development permits Home occupations Shoreline exemptions Street development Permits ' Assigruncnt of a proj~t to Typ~ I status shall not limit or restrict thc public notice and procedures available pursuant to RCW 43.21C (SEPA) and Chapter 19.04 PTMC if a project is deemed to be subject to SEPA review. 2 Ord. 2634 Table 2 - Action Type Procedure Project Permit Applications (Type I - IV) Legislative Type I Type II Type HI T~'pe IV Type V Recommendation N/A N/A Planning N/A Planning commission. made by: commission exeem for ufili .ty plans~ Final decision Admin. BCD director City council City City council made by: council Notice of No Yes Yes No N/A application: No Only if director's Yes, before No Yes, before planning decision is planning commission to make Open record appealed, open commission, to recommendation to city public hearing: record hearing make council, excerpt for before hearing recommendation ~ examiner to city council Closed record No No Yes, before city N/A Yes, or council could appeal/final council hold its own hearing decision: Judicial appeal: Yes Yes Yes Yes Yes Footnote 1: T_vpe V Land Use plans are subject to review and recommendation by the planning commission. However, the following utility plans shall not be reviewed or considered by the planning commission: wastewater (sewer) plans; stormwater plans; water system plans; and.~olid waste plans. The city council's utility_ committee shall conduct review and hold one or more open record public hearing(s) on all such plans prior to deliberation before the full city. council. At the time of consideration by the full city council, the utility committee shall make a. recommendation to the city council regarding utility_ plans. Footnote 2: The planning commission shall not hold public hearings regarding the utility_ plans described herein. The city_ council's utility_ committee shall hold one or more open record public hearing(s) on all such plans prior to consideration before the full city council, 3 Ord. 2634 Summary of Decisionmaking Type I - Administrative without notice. Type H - Administrative with notice, appealable to the hearing exan,.iner. Type III - Notice and open record public hearing before planning commission, with recommendation to city council. Final decision by city council, at~er closed public hearing (including appeals). Type IV - Closed record hearing and decision by city council during regular council meeting. Type V - Except for utility_ plans as described in this ~cfi0n, notice and public hearing before planning commission, with planning commission recommendation to city council. City council also provides notice and public hearing before making final legislative decision. (See Article IV, PTMC 20.01.200 through 20.01.280 for detailed description of project review and approval process.) (Ord. 2634 § 1, 1998; Ord. 2592, § 6, 1997; Ord. 2521 § 1, 1996). SECTION 2. Section 20.01.060, Legislative decisions, subsection B is hereby amended as follows: 20.01.060 Legislative decisions. A. Decision. The following decisions are legislative, and are not subject to the procedures in this chapter, unless otherwise specified: 1. Zoning code text, development regulations and zoning district amendments; 2. Area-wide rezones to implement city policies contained within the Port Townsend comprehensive plan and any amendments thereto; 3. Adoption of the Port Townsend comprehensive plan and any plan amendments; 4. Annexations; 5. Shoreline master program (SMP) amendments; and 6. All other master land use and utility plans and amendments thereto. B. Except as otherwise provided in this Chapter 20.01 PTMC, t~he administrative procedures for the legislative decisions specified in this section are set forth in Chapter 20.04 PTMC. (Ord. 2634 § 2, 1998; Ord. 2521 § 1, 1996). 4 Ord. 2634 SECTION 3. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 16th day of March, 1998. Attest: Pam Kolacy, City Clerk~ 03/10/98 CA§ Ord\{2001040.doc} 5 Ord.