HomeMy WebLinkAbout2716 Amending Comprehensive Plan
Ordinance No. 2716
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING
CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES AND POLICIES
CONTAINED IN THE LAND USE AND CAPITAL FACILITIES & UTILITIES
ELEMENTS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN);
ADOPTING THREE AMENDMENTS TO THE LAND USE MAP CONTAINED WITHIN
THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17,
ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (pTMC); ADOPTING
AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO
SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT
THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING
& COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF
THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS
ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO
TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN
EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS
OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS
AMENDED (CHAPTER36.70ARCW).
SECTION 1
FINDINGS
The City Council ofthe City of Port Townsend finds as follows:
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. All
findings, recitals and other provisions of Ordinance No. 2539 are incorporated
herein by this reference.
2. After public review and a recommendation from the Planning Commission, the
City's current Zoning Code (Title 17 PTMC) was adopted by the Council on April 7, 1997
(Ordinance No. 2571), to comply with the GMA and to implement the Plan. All findings, recitals
and other provisions of Ordinance No. 2571 are incorporated herein by this reference.
3. After public review and a recommendation from the Planning Commission, the
City's current Comprehensive Plan/Development Regulations Amendment
Process Code (Chapter 20.04 PTMC) was adopted by the Council on December
16, 1996 (Ordinance No. 2559) to implement the GMA requirement to establish
procedures for plan and development regulation amendments (§ 36.70A130 and
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36.70A470 RCW). All findings, recitals and other provisions of Ordinance No.
2559 are incorporated herein by this reference.
4. Chapter 20.04 PTMC establishes a process for consideration, no more frequently
than once per year, of potential amendments to the Plan, including the Official
Land Use Map, and the Zoning Code, including the Official Zoning Map. 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 (§ 36.70A035, 36.70A130, and
36.70A140 RCW).
5. Pursuant to the procedures outlined in Chapter 20.04 PTMC, the Comprehensive Plan has
been subject to two annual amendment cycles. Council adopted the first sequence of amendments
to the Plan's Land Use Map and consistent amendments to the Official Zoning Map on September
15, 1997 (Ordinance No. 2606). The second sequence of amendments to the Plan, including
significant legislative amendments to the narrative text, tables, goals, policies, and Land Use Map
of the Plan, and amendments to the text, tables, and Official Zoning Map of Title 17 PTMC was
adopted by Council on December 7, 1998 (Ordinance No. 2670).
6. This ordinance (Ordinance No. 2716) represents the third annual comprehensive plan
amendment cycle. The 1999 update includes significant legislative amendments to the tables,
goals, policies, and Land Use Map of the Plan, and amendments to the text, tables, and Official
Zoning Map of Title 17 PTMc.
7. 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 ofthe GMA (§ 36.70A.035, 36.70A130, and
36.70A140 RCW) and the procedures set forth in Chapter 20.04 PTMc.
8. During its regularly scheduled meetings in the spring of 1999, Planning Commission
held a public meeting to become familiar with the review and amendment procedures established
in Chapter 20.04 PTMC, and to begin to identify potential amendments to the Plan and Title 17
PTMc.
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9. On May 13, 1999, and after timely and effective public notice, the Planning
Commission formalized its recommended findings on the annual review and assessment of the
Comprehensive Plan by unanimously adopting staff's recommended findings and conclusions set
forth in a staff report to the Commission dated April 15, 1999. The Commission did not identify
any issues to be considered in the 1999 annual update cycle. Also, at this meeting, the
Commission held a public workshop to review applications for amendments to the Plan and
Zoning Code.
10. On May 27, 1999, and after timely and effective public notice, the Planning
Commission held an open record public hearing to accept public testimony
regarding which suggested Plan and Zoning Code amendments should be placed
on the final docket for formal review and consideration, to deliberate upon the
testimony received, and to prepare its findings, conclusions, and
recommendations for the advice of the City Council, all in a manner consistent with the
requirements of20.04.060 PTMc.
11. At a regular meeting held on June 21, 1999, and after timely and effective public
notice, the Council held an open record public hearing and deliberated upon the final docket
recommendations of the Planning Commission (as required under 20.04.060(D) PTMC). On
July 6, 1999, Council adopted the final docket consisting of eight suggested amendments.
12. After timely and effective public notice, the Planning Commission held a series of public
workshop meetings on August 12, September 2, and September 9, to review and discuss the
proposed amendments to the Plan, Land Use/Zoning Map and Zoning Code.
13. On September 30, 1999, and after timely and effective public notice, the Planning
Commission held an open record hearing to accept public testimony on the eight suggested
amendments to the Plan and to begin its deliberations and formulation of findings,
conclusions and recommendations for the advice of the Council.
14. On October 14, 1999, and after timely and effective public notice, the Planning
Commission held a public workshop meeting to complete the formulation of its findings,
conclusions and recommendations for the advice of the Council. The Planning Commission's
findings, conclusions and recommendation were transmitted to the City Council in a
Memorandum dated October 15, 1999.
15. On November 1, 1999, and after timely and effective public notice, the Council
initiated an open record public hearing to accept public testimony on the Planning
Commission's recommendations. The hearing was continued to November IS, 1999.
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16. On November 15, 1999, and after timely and effective notice, the Council concluded the
open record public hearing and began deliberation upon the testimony received to formally
adopt, adopt with modifications, or reject the various findings, conclusions
and recommendations of the Planning Commission.
17. The Council hereby incorporates by this reference the findings, conclusions and
recommendations adopted by the Planning Commission during its meeting of October 14, 1999
(Memorandum dated October 15, 1999) relating to revisions to the Official Land Use and Zoning
Maps to the City of Port Townsend. The Planning Commission's findings, conclusions and
recommendations are adopted, or adopted with modifications as follows:
a. Council adopts Planning Commission's recommendation to approve a rezone
of the Kilham Property generally located north of the Port Townsend Business Park
(Exhibit A), currently zoned R-III (Medium Density Multi-Family) and subject to a
perpetual conservation easement recorded with the Jefferson County Auditor on August 4,
1992 as further described in Exhibit B, to R-ll (Medium Density Single-Family). Council
finds that the Planning Commission's findings, conclusions and recommendations
regarding these amendments are consistent with the requirements for amending the Land
Use and Zoning Maps set forth in Chapter 20.04 PTMc.
b. Council adopts Planning Commission's recommendation to approve rezoning
ofthe Thorsen/Brooks property generally located south of Mountain View Elementary
School and legally described as Lots 1, 3, 5, and 7 of Block 176 and Lots 5 and 7 of
Block 177 ofthe Estate Addition ITom P-I (Public Infrastructure) to R-III (Medium
Density Multi-Family). The Council finds that the Planning Commission's findings,
conclusions and recommendations regarding these amendments are consistent with the
requirements for amending the Land Use and Zoning Maps set forth in Chapter 20.04
PTMC.
c. Council modifies Planning Commission's recommendation to approve
rezoning of the northerly boundary ofthe downtown historic commercial district to
include the northerly 1/2 of two additional blocks. As modified, the rezone shall include:
Lots 2,4 and 6, Block 37, and Lots 2,4, 6, and 8 of Blocks 38, 39, 55, and
56 of the Original Townsite to the City of Port Townsend from R-II
(Medium Density Single-Family) to C-III (Historic Commercial).
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Council adopts Planning Commission's findings, conclusions regarding the rezone as
modified herein:
Findings:
J. Circumstances have not changed since the development of the
comprehensive plan which designated the boundnries between the C-III
Historic Commercial and R-II single-family residential zones; however,
2.
New information has been presented which was not available at the time
the original plan was adopted. Improved mapping showing the relation of
the toe and top of the two bluffs forming the northerly boundnry of the
historic downtown have been mapped in relation to existing development
and zoning.
3.
The physical boundnry created by the bluff generally located along
Washington Street and the secondary bluff northerly of Jefferson Street
provides a logical boundary between single-family residential and
commercial uses.
4.
The proposal reflects current widely held community values. Policy 7.6 of
the Economic Development Element encourages the retention of existing
businesses in the Commercial Historic District. The proposed rezone
would bring existing nonconforming uses, into conformance with the zone.
Conclusion: The amendment is consistent with the Comprehensive Plan and the
requirements for amending the Land Use and Zoning Maps set forth in Chapter 20.04
PIMe.
18. The Council hereby adopts and incorporates by this reference the findings, conclusions
and recommendations adopted by the Planning Commission during its meeting of October 14,
1999 (Memorandum dated October 15, 1999) relating to the amendments to the tables and
policies of the Comprehensive Plan. Specifically, the Council finds that the Planning Commission's
findings, conclusions and recommendations regarding these legislative amendments are consistent
with the requirements for amending the Plan set forth in Chapter 20.04 PTMC, and hereby
approves:
a. Amendments to Table IV-2 The Land Use Map - Acreage Within Each Land Use
Designation on page IV-IS of the Land Use Element of the Plan to reflect acreage within
the various zoning districts following the 1997, 1998, and 1999 amendments.
b. Amendments to Policy 18.1 of the Capital Facilities & Utilities Element to
simplify the policy language regarding required connections to the sanitary sewer system.
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The revised policy language is consistent with the recommendations contained within the
Draft Port Townsend Wastewater Comprehensive Plan and draft amendments to Chapter
13.22 PTMC, Sewer Connections.
19. At its meeting of November 15, 1999, the Council adopted and incorporated by reference
the findings, conclusions and recommendations adopted by the Planning Commission during its
meeting of October 14, 1999 (Memorandum dated October 15, 1999) relating to the suggested
amendment which would link allowable densities in the R-Ill and R-IV multi-family zoning
districts to the number of bedrooms rather than the number of units to the block.
20. At their meeting of December 6, 1999, the Council reconsidered its previous action and
voted to reverse the finding of the Planning Commission recommendation and approve the
amendment to revise the description of the R-IlI, Medium Density Multi-Family, and R-IV, High
Density Multifamily land use designation and Table 17.16.030 PTMC to link allowable densities
to the number of bedrooms within dwelling units, subject to a reasonable density cap of24
bedrooms per 40,000 square feet in R-III and 40 bedrooms per 40,000 square feet in R-IV. In
rejecting the Planning Commission's recommendation the Council finds that encouragement and
accommodation of affordable housing is in the best interest of the City and is consistent with the
goals, policies, and objectives of the Comprehensive Plan. The Council further finds that the
amendment will promote a variety of housing types without degrading the character of the
affected zoning districts. In adopting maximum densities, Council finds that the density concerns
raised in the Mitigated Determination of Non Significance are resolved and that linking densities to
bedrooms will not result in environmental impacts greater than potential impacts under previous
density allowances.
21. The Council hereby rejects Planning Commission's recommendation to deny a
suggested amendment which would allow upper-story residential units within the C-II, General
Commercial, zoning district. Council approves amendments to Chapter 17.20, Commercial
Zoning Districts, as set forth in Subsections 4.6 through 4.8 below and adopts the following
findings and conclusions:
Findings:
J. Circumstances have not changed since the development of the comprehensive
plan which designated the permitted uses in the C-II General Commercial Zoning
District.
2.
The assumptions upon which the Comprehensive Plan was based are still valid
and no new information has been presented, however,
3.
The Council deems it desirable to extend maximum flexibility to the housing
construction industry in the interest of encouraging affordable housing in the
City. To the extent a market might exist, Council finds it desirable to allow mixed
residential and commercial uses in the C-lI district.
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4.
The proposal reflects current widely held community values. Goal] of the
Housing Element states "...provide an adequate supply of housingfor residents of
all income groups, including sufficient housing affordable to low and moderate
income groups." Policy 4. J states "Encourage the integration of a mix of
housing types, densities and costs suitable for a population diverse in age,
income, household composition and individual needs. "
Conclusion: The amendment is consistent with the Comprehensive Plan and with
the requirements for amending the Plan and Zoning Code set forth in Chapfer 20.04
PIMc.
22. Per Ordinance 2705, adopting interim C-II design standards, the City Council directed
the Administration to conduct such additional public process as necessary and to propose final
C-II design standards for adoption and codification. By way of this Ordinance 2716, Council
further directs the Administration to address upper-story residential units within the C-lI design
standards.
23. The Council hereby adopts and incorporates by this reference the Planning Commission's
findings, conclusions and recommendation to approve revisions to Table 17.18.030, Mixed Use
Zoning Districts - Bulk, Dimensional and Density Requirements, Chapter 17.18, Mixed Use
Zoning Districts, of the Port Townsend Municipal Code as set forth in Subsection 4.4 below with
the following modification:
Where the table currently states None, it shall be revised to state No Requirement.
This modification therefore rejects the recommended maximum IS-foot ffont-yard
setback.
Based upon the record developed before the Planning Commission and City Council, the Council
finds that the proposed revisions are consistent with the requirements for amending the Plan and
Zoning Code set forth in Chapter 20.04 PTMc.
24. The Council finds that the Plan and Zoning Code amendments adopted herein have been
subject to environmental review and threshold determination in compliance with the State
Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and
Chapter 19.04 PTMc. On September 8, 1999, the City's SEP A Responsible Official issued a
mitigated determination of Non significance (MDNS) for the legislative amendments adopted
herein, which became final on September 29, 1999.
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25. The Council finds that the Plan and Zoning Code amendments adopted in this
ordinance are true to the original vision and goals of the Plan, while accommodating some
reasonable and modest change that is entirely consistent with the Community Direction Statement
contained in Chapter III of the Plan, and the review and amendment criteria set forth in
20.04.080(A)(3) and (4), and (B)(3) PTMc.
26. Consistent with the requirements of the GMA, Building and Community Development
Department staff forwarded the proposed amendments to the Plan and Zoning Code to the State
of Washington Department of Community Trade and Economic Development (DCTED) for
review and comment more than sixty (60) days prior to the adoption of this ordinance
(§36.70A1O6). No substantive comments were received ITom DCTED prior to the
adoption of this ordinance.
27. 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 13
state-wide planning goals contained within the GMA (§ 36.70A020 RCW).
28. This ordinance has also been reviewed against the requirements ofthe County-
Wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in
conformance therewith.
29. Based upon the foregoing findings, the Council finds that adoption ofthe following
amendments to the narrative text, goals, policies and Land Use Map of the Plan, and the text,
tables and official Zoning Map of Title 17 PTMC will promote the public health, safety and
welfare of the citizens of Port Townsend and should be approved.
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 2
ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF THE PORT
TOWNSEND COMPREHENSIVE PLAN AND COROLLARY AMENDMENTS TO THE
OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND.
Pursuant to the City's authority under Chapters 35A63 and 36.70A RCW, and concurrent with
the adoption of this ordinance, the City Council hereby adopts an amended Official
Comprehensive Plan Land Use and Zoning Map for the City of Port Townsend, which are marked
as EXHffiITS C and D, attached hereto and by this reference made a part hereof The provisions
of Title 17, Zoning, of the Port Townsend Municipal Code shall govern the administration,
applicability, and interpretation of the Official Zoning Map, as amended. The amended maps
reflect rezones of the Kilham property, ThorsenIBrooks properties, and all or portions of Blocks
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37, 38, 39, 55, and 56 of the Original Townsite as more fully described in Section 1, Findings 17a
- c above. The legend has been revised to link allowable densities in the R-III and R-IV zoning
districts to bedrooms per 40,000 square foot area vs. units per acre.
SECTION 3
ADOPTION OF AMENDMENTS TO THE TABLES TEXT AND POLICIES OF THE
PORT TOWNSEND COMPREHENSIVE PLAN.
The tables and policies of the Port Townsend Comprehensive Plan are hereby amended as set
forth in subsections 3.1 through 3.5, below.
SUBSECTION 3.1 The City Council hereby adopts an amended Chapter IV, Land Use Element,
Table IV-2, of the Port Townsend Comprehensive Plan, which is marked as EXHIBIT E,
attached hereto and by this reference made a part hereof.
SUBSECTION 3.2: Chapter VII, Capital Facilities & Utilities Element, Policy 18.1, of the Port
Townsend Comprehensive Plan is hereby amended to read as follows:
City Wastewater Utility
Public Health & Safety
Goal 18: To assure proper disposal of wastewater to protect ground and surface water
supplies.
Policy 18.1: Ensure that all existing and new development within the Port
Townsend Final Urban Growth Area (FUGA) is supplied with adequate
wastewater collection and treatment facilities and that connection to the sanitary
sewer system is required wherever practical, or environmentally necessary.
18.1.1 Require all new development to connect to the City's wastewater
collection and treatment system when the development is located within 260 feet
(i.e., 1 City block measured along public rights-of-way) of a wastewater collection
line, measured from the nearest portion of the subject parcel.
18.1.2 Except for a single family residence on a parcel greater than 260 feet from a
sewer and adequately mitigated through SEP A and/or ESA review when
necessary, require new development that is subject to one or more ofthe following
approvals to connect to the City's wastewater collection and treatment system,
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regardless of its location:
a. Subdivision, short subdivision and planned unit development (PUD)
approvals subject to the Subdivision Ordinance, Title 18 ofthe Port
Townsend Municipal Code (PTMC);
Land use or building permit approvals subject to review and threshold
determination under the State Environmental Policy Act Implementing
Ordinance, Chapter 19.04 PTMC; and
Any land use or building permit approvals subject to the permit
requirements of the Environmentally Sensitive Areas Ordinance, Chapter
19.05 PTMc.
b.
c.
18.1.3 Allow the use of individual on-site septic systems for new development not
required to connect to the city sewer system under the provisions of Policies 18.1.1 or
18.1.2, provided the following conditions are met:
a. Soil conditions will support the use of a septic system and the system is
reviewed and approved by the Jefferson County Health Department;
The system is designed to be efficiently converted to the City's wastewater
collection and treatment facilities and
The developer enters into a no-protest agreement with the City (i.e.,
requiring connection to the City's wastewater system when available),
filed on record title, as a condition of any building or development permit.
b.
c.
18.1.4 Require existing development served by on-site systems to connect to the City's
wastewater collection and treatment system within two years of notification by
the city, except as follows:
a. Allow the continued use of on-site systems in instances where the nearest
wastewater collection line is more than 260 feet (i.e., one City block
measured along public rights-of-way) from the nearest portion of the
subject parcel; and
Require immediate connection to the City's wastewater collection and
treatment system in instances when an on-site system fails and the nearest
portion of the subject parcel is less than 260 feet (i.e., one City block
measured along public rights-of-way) from the nearest collection line.
b.
18.1.5 Require property owners to repair on-site systems to City and County Health
Department standards in the event of system failures in areas not yet served by the
City's wastewater collection and treatment system.
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SUBSECTION 3.3 The City Council hereby adopts the following amended text related to R-III
and R-IV land use designations contained in Chapter IV, Land U..e Element, pages IV-7 and IV-
8, of the Port Townsend Comprehensive Plan to link allowable densities to bedrooms rather than
units:
(Page IV- 7)
Land use Map Designations
The following categories and land use designations have been used in developing
the Land Use Map, and are described more fully below:
Residential Designations:
. Low Density:
minimum lot size)
. Medium Density
R-I (SF) up to 4 d.u. per acre (i.e., 10,000 s.f.
R-II (SF) up to 8 d.u. per acre (i.e., 5,000 s.f.
minimum lot size)
. Medium Density R-III (MF) up to 24 bedrooms per 40,000 s.f. area
. High Density: R-IV (MF) 25 to 40 bedrooms per 40,000 s.f. area
{Remainder of text on page IV- 7 is unchanged}
(Page IV-8)
R-III - Medium Density Multi-Family: The R-III designation accommodates
smaller scale multi-family structures (e.g., 5-12 dwellings per structure) at a
density of up to 24 bedrooms per 40,000 square feet ofland area. Although multi-
family development is encouraged in these areas, single-family residences continue
to be an allowed use.
R-IV - High Density Multi-Family: This designation accommodates larger
scale multi-family structures (e.g., 10-24 dwellings per structure) at a density of
not less than 25 bedrooms per 40,000 square feet ofland area, or more than 40
bedrooms per 40,000 square feet ofland area. A minimum density has been
specified for this designation in order to discourage use of this land for
subordinate, lower density, single-family development.
SUBSECTION 3.4 The City Council hereby adopts the following amended description of the
C-II land use designation contained in Chapter IV, Land Use Element, page IV-9, of the Port
Townsend Comprehensive Plan to include upper-story residential units as use permitted outright:
C-II - General Commercial: This designation has been applied to commercial
areas outside neighborhood and mixed use areas. This designation accommodates
a wide range of general commercial uses which serve a local or City-wide market
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area. Uses located within this designation include retail businesses, professional
offices, hotels, restaurants, and personal services shops. Upper-story residential
units are permitted outright. This designation has been applied to more areas of
the City than any other commercial designation, and occurs in various locations
along Sims Way and Water Street, and in the triangular area bounded by S.R. 20
to the south, Howard Street to the east, and Discovery Road to the northwest.
SUBSECTION 3.5 The City Council hereby adopts amendments to Chapter IV, Land Use
Element, Table IV-l Land Use Designations - Suggested Uses, Densities & Building Heights, of
the Port Townsend Comprehensive Plan, which is marked as EXHIBIT F, attached hereto and by
this reference made a part hereof, to reflect upper-story residential units as an allowed use in the
C-II, General Commercial, zoning district and to link minimum and maximum densities in the R-
III and R-IV multifamily zoning districts to bedrooms vs. units.
SECTION 4:
ADOPTION OF AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17,
ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE.
The text and tables of Title 17, Zoning, of the Port Townsend Municipal Code are hereby
amended as set forth in subsections 4.1 through 4.8, below.
SUBSECTION 4.1: Section 17.12.020 of Chapter 17.12, Establishment of Zoning Districts, shall
be amended to link maximum densities to bedrooms vs. units in the R-III and R-IV multifamily
zoning districts as follows:
17.12.020 Establishment of districts.
The city of Port Townsend shall be divided into zoning districts that are consistent with,
and implement the Port Townsend Comprehensive Plan. The following districts are hereby
established:
Zone Description
R-I Low Density Single-Family
R-II Medium Density Single-Family
R-III Medium Density Multifamily
R-IV High Density Multifamily
C-I/MU Neighborhood Serving Mixed Use Center
C-IIIMU Community Serving Mixed Use Center
C-l Neighborhood Commercial
C- II General Commercial
C- II(H) Hospital Commercial
C-IlI Historic Commercial
Maximum Density
4 d.u. per 40,000 s.f area
8 d.u. per 40,000 s.f area
24 bedrooms per 40,000 s.f area
40 bedrooms per 40,000 s.f area
16 d.u. per 40,000 s.f area
24 d.u. per 40,000 s.f area
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C-IV Regional Commercial
M/C Mixed Light Manufacturing and Commercial
M-I Light Manufacturing
M-II(A)
(Boat Haven) Marine-Related Uses
M-ll(B)
(point Hudson) Marine-Related Uses
M-III Heavy Manufacturing
P/OS(A) Existing Park and Open Space
P/OS(B) Mixed Public/Infi-astructure/Open Space
P-l Public/Infrastructure
(Ord. 2716 § 4,2000; Ord. 2571 § 2, 1997).
SUBSECTION 4.2: The text defining the purpose of the R-III and R-IV multifamily zoning
districts provided in Chapter 17, Residential Zoning Districts, Section 17.16.010, Subsections B3
and B4 is hereby amended to link allowable densities to the number of bedrooms within dwelling
units, subject to a reasonable density caps as follows:
3. R-III - Medium Density Multifamily. The R-III district accommodates smaller
scale multifamily structures (e.g., five to 12 dwellings per structure) at a
density of up to 24 bedrooms per 40,000 square feet ofland area,- The intent of
this district is to provide a broad range of housing opportunities; to provide a
variety of housing types and styles; and to provide for development with a
density and configuration that facilitates effective and efficient transit service.
Although multifamily development is encouraged in these areas, single-family
residences continue to be an allowed use. This district includes areas along
arterial and major collector streets with existing or planned transit service.
4. R-IV - High Density Multifamily. This district accommodates larger scale
multifamily structures (e.g., 10 to 24 dwellings per structure) at a density of not
less than 25 bedrooms per 40,000 square feet ofland area, or more than 40
bedrooms per 40,000 square feet ofland area. A minimum density has been
specified for this district in order to discourage use ofthis land for subordinate,
lower density development; single-family dwellings are not permitted in this
district. This district includes areas designed to be compatible with adjoining uses;
to provide for development with a density and configuration that facilitates
effective and efficient transit service; and to enable provision of affordable housing.
SUBSECTION 4.3: Table 17.16.030, Residential zoning Districts-Bulk, Dimensional and
Density Requirements, Chapter 17.16, Residential Zoning Districts, of the Port Townsend
Municipal Code is hereby amended to link densities in the R-III and R-IV multi-family zoning
districts to bedrooms vs. units as follows:
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- Table 17.16.030
Residential Zoning Districts-Bulk Dimensional and Density Requirements
District R-I R-II R-ID R-IV
Maximum 4 8 24 40
Housing Density (10,000 sf oflot (5,000 sf oflot bedrooms bedrooms per
(unitslbedrooms area per unit) area per unit) per 40,000 sf oflot 40,000 sf oflot
per 40,000 square area area
foot area)
Minimum 25
Average Housing bedrooms per
Density 40,000 sf oflot
(unitslbedrooms area
per 40,000 square
foot area)
Maximum 4 4 No Limit No Limit
Number of
Dwelling Units in
Any One
Structure
Minimum Lot 10,000 sf= 5,000 sf= single- 3,000 sf= single-
Size single-family family detached family detached;
detached and 10,000
sf = multifamily -
Minimum Lot 50' 50' 30' except: 100' =
Width multifamily
Minimum Front 20' except: 50' = 10' except: 50' = 20' except: 10' wI 20' except: 10' wI
Yard Setbacks barns and barns and side or rear parking; side or rear
agricultural agricultural not setback for parking; no
buildings buildings multifamily setback for
structures located multifamily
within 200 feet of structures located
an abutting mixed within 200 feet of
use zoning district an abutting mixed
use zoning district
Minimum Rear 20' except: 50' = 10' except: 100' = 10' except: no 15' except: 20' if
Yard Setbacks barns and barns and setback for directly abutting an
agricultural agricultural multifamily R-I or R-II district;
buildings, and buildings structures located no setback for
100' if abutting a within 200 feet of multifamily
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R-II, R-III, or R-
IV zoning district
an abutting mixed
use zoning district
Minimum Side
Yard Setbacks
5' except: 10' =
abutting a street r-
o-w; 100' = barns
and agricultural
buildings
5' except: 10' =
along a street r-o-
w; no setback for
multifamily
structures located
within 200 feet of
an abutting mixed
use zoning district
5' except: 10' =
abutting a street
r-o-w; 50' = barns
and agricultural
buildings and 100'
if abutting a R-II,
R-IlI, or R-IV
zoning district
Maximum
Bl!ilding Height
Maximum Lot
Coverage
Maximum Fence
Height *
30'
35'
30'
35%
45%
25%
structures located
within 200 feet of
an abutting mixed
use zoning district
15' except: 20' if
directly abutting an
R-I or R-II district;
no setback for
multifamily
structures located
within 200 feet of
an abutting mixed
use zoning district
35'
50%
Front = 4'; side = Front = 4'; side = Front = 4'; side = Front = 4'; side =
8'; side abutting a 8'; side abutting a 8'; side abutting a 8'; side abutting a
public r-o-w = 4'; public r-o-w = 4'; public r-o-w = 4'; public r-o-w;;;: 4';
rear = 8' rear = 8' rear = 8' rear = 8'
*Note: Maximum fence heights apply within any required front, side, or rear setback area or along
the edge of any required yard; refer to Chapter 17.68 PTMC, Fences, Walls, Arbors and Hedges
for specific requirements.
( Ord. 2716 § 4, 1999; Ord. 2700 § 11, 1999; Ord. 2571 § 2, 1997.)
SUBSECTION 4.4: Table 17.18.030, Mixed Use Zoning Districts -Bulk, Dimensional and
Density Requirements, Chapter 17.18, Mixed Use Zoning Districts, of the Port Townsend
Municipal Code is hereby amended to read as follows:
Table 17.18.030
Mixed Use Zoning Districts-Bulk, Dimensional and Density Requirements
DISTRICT I C-I/MU I C-TI/MU
MINIMUM LOT SIZE
MINIMUM FRONT YARD
SETBACKS
5,000 sf
No Requirement
MAXIMUM FRONT YARD
SETBACKS
No Requirement
15
5,000 sf
None
None
MINIMUM REAR YARD
SETBACKS
: MINIMUM SIDE YARD SETBACKS
MINIMUM NUMBER OF STORIES
(in any principal building)
MAXIMUM BUILDING HEIGHT
MINIMUM GROUND FLOOR
CLEAR CEILING HEIGHT
MINIMUM BUILDING FRONT AGE
ALONGP~YSTREET
FRONTAGE
MAXIMUM FLOOR AREA RATIO
MAXIMUM AMOUNT OF ANY
INDIVIDUAL LEASABLE
COMMERCIAL SPACE (I)
MAXIMUM AMOUNT OF
No Requirement except: 20' if
abutting an RI, RII zoning district;
5' if abutting an RIll or RIV
zoning district
No Requirement except: 10' if
abutting an RI or RII zoning
district; 5' if abutting an RIll or
RIV zoning district
2
35'
10'
40' or 70% offrontage width,
whichever is greater
2 sf of gross floor area per 1 sf of
lot
5,000 sf
30,000 sf
16
None except: 20' if abutting an R-I,
RII zoning district; 5' if abutting an
RIll or RIV zoning district
None except: 10' if abutting an RI or
RlI zoning district; 5' if abutting an
RIll or RIV zoning district
2
45' except: (a) 2 stories, up to 35'
within 100' of an abutting R-I or R-
II district; or (b) 35' ifthe
development has no residential use
component
10'
None
All-commercial developments (i.e.,
no residential component): 0.25 sf of
gross floor area per 1 sf of lot area.
Mi xed -commercial! residential
developments: A base floor area ratio
of 0.25 sf of gross floor area per I sf
of lot area, plus a bonus of 1 sf of
gross floor area of nonresidential use
for each 1 sf of residential use, up to
a maximum floor area ratio of 3 sf of
gross floor area per 1 sf of lot of
area for the project as a whole.
None
60,000 sf
¡ COMMERCIAL FLOOR SPACE (in
anyone structure)
No Requirement, provided that
second-story is constructed to
meet Energy Code for Residential
occupancy.
: MINIMUM USEABLE OPEN SPACE 10% of total gross floor area 10% of total gross floor area
(I) Excluding storage areas which are incidental and subordinate to the commercial use.
(Ord.2716 § 4.2, 1999; Ord. 2670 § 3.5, 3.6, 1998; Ord. 2571 § 2, 1997).
MAXIMUM HOUSING DENSITY
(units per 40,000 square foot area)
MINIMUM AVERAGE HOUSING
DENSITY
(units per 40,000 square foot area)
16 (2,500 sf oflot area per unit)
24 (1,666 sf oflot area per unit)
None
SUBSECTION 4.5: Section 17.08.040, I through M, Chapter 17.08, Definitions, of the Port
Townsend Municipal Code is hereby amended to include the following definition of the term
"Leasable space," which shall be inserted following the existing definition of "Laundry service"
and before the existing definition of "Licensed carrier":
"Leasable space" means an area designed to be a separate leasehold. Load bearing walls
are not required to separate leaseholds and one business may occupy more than one
leasehold, however each leasehold shall provide for its own entrance.
SUBSECTION 4.6~ Section 17.20.010 B(2), Chapter 17.20, Commercial Zoning Districts, of
the Port Townsend Municipal Code is hereby modified to read:
2. C-II - General Commercial. This district accommodates a wide range of general
commercial uses which serve a local or city-wide market area. This district provides for
those commercial uses and activities which are most heavily dependent on convenient
vehicular access, and is located on sites having safe and efficient access to major
transportation routes. Uses allowed within this district include retail businesses,
professional offices, hotels, restaurants, and personal services shops. Upper-story
residential uses are permitted outright. This district occupies more area of the city than
any other commercial district, and occurs in various locations along Sims Way,
Washington Street and Water Street, and in the triangular area bounded by SR 20 to the
south, Howard Street to the east, and Discovery Road to the northwest.
SUBSECTION 4.7: Table 17.20.020, Commercial Zoning Districts - Permitted, Conditional,
and Prohibited Uses, Chapter 17.20, Commercial Zoning Districts, ofthe Port Townsend
Municipal Code is hereby amended to read as follows:
17
Table 17.20.020
Key to Table:
P=Permitted outright; C=Subject to a conditional use permit; H= Subject to conditional use requirements for
historic structures; X= Prohibited; N/A= Not applicable
Didrict c.-I c.-TT c.-TT(H) c.-ill c.-TV A pplic9 hip Rf'r;1I19tion~1N otp~
Apartment houses X P X P X PTMC 17.20.30, Commercial bulk, density
and dimensional requirements; and Chapter
17.36 PTMC, Multifamily Development
Standards.
Boarding houses (four or X P X P X Same as above
fewer roomers) and lodging
and rooming houses (five or
more roomers)
I Multifamily dwellings X P X P X Same as above
SUBSECTION 4.8: Table 17.20.030, Commercial Zoning Districts -Bulk, Dimensional and
Density Requirements, Chapter 17.20, Commercial Zoning Districts, of the Port Townsend
Municipal Code is hereby amended to read as follows:
Table 17.20.030
Commercial Zoning Districts-Bulk, Dimensional and Density Requirements
District C-I C-ll C-ll(H) C-ID C-IV
Residential Owner/operator Owner/operator or Owner/operator Multifamily No residential
Requirements residences multifamily residences allowed residences uses are
allowed subject to residences allowed above commercial allowed above allowed in the
the requirements above the ground uses subject to the the ground C- IV zoning
below floor subject to the requirements floor district.
requirements below below
18
SECTION 5
TRANSMITTAL TO DCTED
The City Clerk shall transmit a copy of this Ordinance to the State Department of Community,
Trade and Economic Development (DCTED) within ten (10) days of adoption of this ordinance.
SECTION 6
PREP ARA TION OF REVISED COMPREHENSIVE PLAN COPIES
Copies of a Revised Port Townsend Comprehensive Plan, incorporating the changes to the plan
narrative, tables, policies, and Land Use Map set forth in this ordinance shall be prepared by Port
Townsend Building and Community Development Department staff and available for public
inspection within thirty (30) days of the adoption of this ordinance.
SECTION 7
CODIFICATION OF AMENDMENTS TO TITLE 17, ZONING, OF THE PORT
TOWNSEND MUNICIPAL CODE
Copies of a revised Title 17, Zoning, of the Port Townsend Municipal Code, codifying the
amendments set forth in this ordinance, shall be prepared under the supervision of the City Clerk
and available for public inspection within one-hundred and twenty (120) days of the adoption of
this ordinance.
SECTION 8
EFFECTIVE DATE
This ordinance shall take effect and be in force 5 days following its publication in the manner
provided by law.
SECTION 9
SEVERABILITY
In the event anyone or more of the provisions of this ordinance shall for any reason be held to be
invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this
ordinance shall be construed and enforced as if such invalid provision had not been contained
therein; PROVIDED, that any provision which shall for any reason be held by reason of its extent
to be invalid shall be deemed to be in effect to the extent permitted by law.
19
Read for the first, second and third times and passed by the City Council of the City of
Port Towns, shington, at a regular meeting thereof, held this 15th day of November, 1999
as furth . 0 i~ered and amende?~~ts regula~meeting of December 6, 1999.
By ¿:/' 1 -?~ .
GeoffMasci, Mayor
ATTEST: Q~ cf!, ~
Pamela Kolacy, City' Clerk 0
Approved as to form~~) Ý ~
John Watts, City Attorney
First reading: !JtH - / J / q if c¡
Second reading:A/dl/ /ð) ¡c,tï7
Third reading: tUOI/- IS) Ie; 'îj
Passage: N()t/. 15) / q '7'7
Publication: No v. ¿ '/ / ,/e;'j
I
Effective: ¡Uð v. è c¡ - I c; '1 'I
}
Transmitted to DCTED: ~ /f ,2000
Ordinance No.: 2716
COMPREHENSIVE PLAN ADOPTION ORDINANCE NO. 2716
AMENDMENTS - MARCH 20, 2000
20
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352193
RECOROED AT THE REQUEST OF:
JEFFERSON LAND TRUST,
A WASHINGTON ~ONPROFIT CORPORATION
I(, ~r E. G~8Ç"I..Rt
"::?rE:?SC:, :c:.:1ift t..lDTæ
If~!\ tf ,Vta
AFTER RECOROATION RETURN TO:
JEFFERSON LAND TRUST
POST OFFICE BOX tð10
PORT TOWNSEND WA S83ð8
- DEED OF COHSERVA nON EASE . ENT
.-
THIS GRANT DEED OF CONSERVATION EASEMENT is m4ce Qy 4nd à_tw..n-
OLIvER FRANK KILHAM and ONDA ROLENA KILHAM, husband and wife,
residents of the City of Port Tawnsen~. Je~ferson County,
W4shington, whose mailing =ddrass is 2209 t4th Stre.t; Port
ro~nsend WA 98365 (herein referred to as -Grantor-), and
. JEFFERSON LAND TRUST (formerly kno"~ as -Jefferson County Land
Trust-), a Wa-shington nonprofit corpor4tion, with a mAiling
address of Post Office Box .1610, P~rt To~nsend WA 98358, and
having its registered office at 2404 35th Street, Port Townsend,
WashIngton (herein r~ferred to AS ~The Land Trust-),
'Iii ITNESSETH THAT:
,- - ,
WJ'l.EREAS, Grantor is "die' owner in fee simpl~ of carta In re.l
property situated in the City of Port Townsend, Jefferson County.
Washington, which is described in Exhibit -A- attached hgr8to
(herein referred to as -The Property-); sOd
WHERE~S, The Property is predomlnantly open space currently used-
for raising +ivestOCk. vegetables, fruits. and h4Y, which ~l.o
includes wetlands and forestlands. providini ~ildlif. habitats
(the foregoing are collectively referred t~ her.in a.
-conservation values- for convenience) of 9r.~t importance to
Grantor, to The Land Trust, to the people of Port Townsend an4
Jefferson County, and to th" people cf the State of Washington;
and -
WHEREAS. the specific conservatlon values are documented In an
inventory of the relevant .feat~res of th~ property attached
hdreco 4S ExhIbIt .8- and incorporated hereIn Oy thi~ rererenc.,
.nieh the parCle~ ~ereto 4gre~ accurately descrIÞe~. and depicts
In such maPS and photograPhS as may be included ther.in. the
~tatð Or the procerty at the tIme ~f this grant And "hiGh is
Intendod to serve Ai 4n 4ce~r4t~ In(or~4tlon baseline tor
monItorIng ca~pll4nce WIth tMe term$ ~nd condicion~ at this
grant; artd
.,w E¡;¡~"S.
~ranCor. 4$
the "."er
Q 1 The
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CONSERVATION EASE~ENT
Xi1ham/Jeffersan Land Trust
Page No.3
i
I
rights are hereby conveyed to The Land Trust:
(a) to preserve and to protect the conservation values of The
Property:
(b) to enter The Property at reasonable tim.~ In order to
monitor Grantor's compliance: PROVIDED, HOweVER, that such entry
will be upOn prior reasonable notice to Grantor, and that The
Land Trust may not unreasonably interfere with the use and quiet
enjoyment of The Property by Grantor; 4nq ,
(c) to prevent any activity or use of The Property
inconsistent with the purpose of this Easement and to require the
restoration of such areas or features of The Property which may
be damaged by any such inconsist~nt activity or Use.
!.
I
3. Any activity Or use of The Property inconsistent with the
purpose of this Easement is prohibited. Without limitini the
general ity of the foregoing prohibition, the following activiti.s
and uses are o~prðssly prohibited:
(a) the conveyanc~. transfer, mortgage, or "ypotheeatian of
any port ¡pn or portions less than all of The Property, it being
specific.o.lly intendad tlH.t The Proøerty, whether .platted or
unølatted. be transferred or conveyed only as a sinile unit;
(0) the subdiv~sion ~f any unplatted portion ¿r Th.
Property;
(c)
lots:
(d) any draining, fInIng, dr.edging or diking of woltland:a
and drainage areas, or alteraéio~or manipulation of ponds, water
impoundments or "atercourses,.,flithoùt the prior express written
4Pprov41~'of The Land Trust; "';-';' -:' .
(e) ,any ,use or activity ~hich causes or is likely to Cau..
any significant pollution of any surface or subsurface waters;
and
the
consolid~tTon and
any platted.
re-subdivision
of
(f) subject only to the rights regarding structural
improvements expressly reserved in Paragraph 4 oe10w, any
rl!'sident i al. commerc i.s 1 , or industrial cons.truct'ion or
development.
/
I,
4. Grantor hereby reserves to Grantor and to the personal
rep~sentatlvos. heirs. aevised~, assigns. and SUCcessors in
i~ðrest of Grantor, all rights accruing from the ownership of
The Property in fee simple absolute whIch havo not been ir~ted
to The Land Trust hareby. WIthout lImItIng the generality of the
foregoing reservation, the foTlo~lng ,rightsar8 expr..sly
reserved:
(a) to UtI liz- for sIngle-family residential purposes the
foII0"I'n9 portIons 0' The PrOP3rty:
(11 th~t portIon of Block 13 lYIng South"estorly of the
rlgnt of "4y cf that certaIn roadway know~ 45 ala Discovery Aoad,
an'd Lots 1 to J.. Inch.l$I"e. and f.ots 10 to 12. inclusive.' in
Bluck 18. PhIllIp's AdditiOn to tn. CIty of Port Townsend, as. per
E
\'~ 3~2 ,~464
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'~,",~'-" '
.
CONS:RVATION EASEMENT
Kilham/J.fferson Land Trust
P a g. No.5
(d) to permit all or any portion of The Prooer~y to r.vert
to a natural state should Grantor at any time -l,ct to
discontinue or suspend agricultural aciiviti.s.
Recogniz:ing that it may be pos'sible to adversely' !l.f(ect the
conservation values of The Property unintentionally while
exercising rights reserved 'hereby. Grantor will notify The L4nd
Trust prior to undertaking !!.ny activities pursu!!.nt to the rights
reserved in sub-paragraph (b): such activities -ill not be
undertaken without the approv~l of The.Land Trust.
5. The purpose of requiring Grantor to notify The L4nd Tru~t
prior to undertaking. certain perm-ined activities.: as provided in
the foregoing par4gr'aoh. is to afford Tnð Land Trust the
~PPortuni'ty to ensure that the activities in Qu.s~ion are
designed and carried out in 4 manner consistent with the purpose
of this Easement. Whenever notice ts required; Grantor .il1
notIfy The Land Trust in writing not less than thirty (30) days
prior to the date Grantor intends to undertake the activity in
Question. The notice will specifically describe th- nature,
scope, dasign, and loc~tion, as "ell as any other material aspect
of the proposed activity, in- sufficient detail to permit The Land
Trust to maki an informed judgment as to i~s consistency with the
purpose of thlS Easement. '--' . .
5.t Whenever approval cf The "~L..a-nd Trust is required. 4S provided
in ¡::Jaragr4ch 4, suct! acprovc.l wrll. be .either granted or withheld
within t1\iny (:10)' Ga:,s' of GC:~lTtor'stwritten request therefor.
Approval m4Y be withheld o~ly upon It reasonable determination by
The Land Trust that the activity as proposed would ba
inconsistent with the purpose of t~is Easement. '
5.2 If It dispute' arises concerning the' consistency of any
proposed use or activity with the purpose' of this Easement,
Grantor agrees n"t to-proceed with tJ'1e us. or' activity pendin¡
resolution of the dlspute, and .ither party m4y refer -the disput8
to arbitration by request m4de in writing upon th& other. within
flfteen.(lS) days of the receipt of such request, 8ach party .fll
designate an arbItrator a~d the arbitrators so designated will'
join~~y desIgnata a thlcd ~rbltrator; PROVIDeD. HOWEVE~, if
airliar party fads to s~t1ect an arbitrator, or if the t.o
arblt~4rors selected by the parti,as fail' to ~el.ct a third
arbItrator wl~hln fifteen (15~ days, then. ln 8ach such instanc.
la prcper court. on patlnon of a party.-will ap~~int the .second
or thIrd arbItrator. or ~oth. as the case may be. The mattlr will
be settled in aCCord4~ca wltn the Washinston arbItration statute
then 1~ effect. and £n arbitratIon award may be entered in any
court of como~tent JurISdIctIon. the orevaillng party.ill bl
entItled. In ad~1tIQ" to SuCI'1 orl'1er raltef 45-/1'14" t:. grantea. to
rdcQV~~ £ re4son4~la svm to ~efr4Y ItS costs and IJxpenses related
to thl! arOltra(lc", lnch..dln1. without IlmltAtion. tn.. fees And
..panse' of tMe arbItrators IJn~ at10rne,,'s teas, "hICl'1 .Itl b.
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CONSERYÂrrON E~SE~ENi
Xilham/J.ffirson Land Trust
Peg e. No.7
J
terms 0)' Grantor m4)' not b~ 'deamed or construed to'be 4 ~a y.r of
such tllrm or .af any 3ubSIlQIJ~nt. breach of the S4mll Or any other
term of this Easement or of any of the rights of Th. Land Trust
under this Easemllnr. ~o dalay or omission by ih. Land Trust in
the e~lIrci:s. of any right or ramid)' upon any breach by Gr~ntör
mllY impair suCh right or remedy or b~ constru.d 4S II ~aiY.r.
5.3 Hothing contained in this E~sement ma)' be construed to
entit1a The Land ¡ruse to bring any action again~t Grantor for
IIny injury or Chang8 in The Property resulting from causes beyond
the control of Grantor, including, without limitation, fire,
tlooa. storm, and earth movemane, or from e.ny prudent action
taken by Grantor under e~lIrgency conditions to prevent, mitiçat8.
or 1I~4tð significant damage Co The Property r.s~lting from Such
C<1USeS.
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7. NO right of accass to Th,
convayad by this Ea3ement.
Property by tho ~.noral
DuO I j c i.
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s. Grantor rHains all r<tspansitlility and .ltT bear 411 ccnts and
liaOi11ties af any kind relaead to the o~nership, oper<1t!on, and
m4intananca of The Property. Grantor will P<1Y all tax,s assessed
<19o.lnst Thi! Property by governmental lI,uthority .as'thltt l:uCOl2l.
cue. To preserve its r19hts unde~ this Easement~ Th. ~arid Tru.t
m4Y. but IS in no event cbll9.a.ted to m4ke payment af any C4xas
upon five (5) dAYS pt'10r ...ritt4f¡ notice to Grantor !tnd the
oOlig4~ion to T~o ~4nd Trust credted bl such Payment will bear
incerest un~il "did by ,"rllnCar <1t tho' sam.. rat. illlPOS8d by th.'
relevant 90va~~ment<1r authorIty fo~~th. I~t. P4ymont of the tax
sa p<1id by The lAnd Trust.
6.1 Grantor wiTI hold h'A/"Irdass. indemnify, and d.f.nd Th, LaJ"Id
Trust. its mamOers, offIcers. director's, employees, 4'lents, Met
cancrllccors. and tho nelrs, personal repr~sent4tives. successor_,
and assigns of eAch of them (collectively referred to as
~rnaemnifhd Parti.s~) f-f&Om And' 4g4in3t ...1'1 tiatJi1itl...,
panaTtias, costs. lo3:ses. d<1M':'ge~, eJCpen:Se:s, C:4U:So~ of 4I:ct!on,
claims, demands, or judc;ments, 1ncludit:t9, without limtt4tion..
r&asonabTd attorney'~ fees. 4rislng from or in 4ny ~ay connact.d
....itn: (I)? injury CO or th" aoatn of any p$r:l.on, Or' øhysic..l
datn4g<!l .JKI 4ny pro jertr. r.sulting (rom 40)' 4Ct, Qmi.~!on
.C~dition. 01" oCher ma.tc.r rtlatad to or occurrIng On or aoout
The Property. regllrdless of C4u:se, unless solely attrîoutllb1e to
the.. neglIgence of Any of the rndeml1ified 'P.;rtias: (Z) Chili
~ '
ob1194tlGns soeclfiðd In P4r491"aon !: and (J) tho cJ(fstenca and
adl1linls'Cr4tlon of tMi: Ëasam'4nt. ','
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9. (, ClrCI"ilnstllnc.:s 4r1S.. In t/'la (\Jture which m4M.S it 1(I\¡Jo:$$i01.
to <I..:comolq:1"I the QlJrCOSeS of tl"ll~ Ë.sSemant. this E,,:öomant can
onlr Oa.e¿tln~uI51"18a or ter~ln<1t.u. in -hQI. ~r in P4r't. by
)UCICI41 c:rOGeedlng:s ,In 4 CIJurc ot c':)I:'IQar..,t, ¡urrstJic::tinn. If
C:lrC:U~st4nC:o1 arlSO .~I~M ~~.e it 4c:propr1~te to ~~dlfl ~~ 4M.nd
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CONSERVATION EASEMENT
Ki1h~m/Jeffcr~c~ L~nd Tr~~:
Page No.8
this Easement, Grantor and The Land Trust are free to jointly
amend this Sasement; PROVI9ED, HOWEVER, thaI there may be no
amendment which would affect the qualification of this Easement
or The Land Trust under any appliçable laws, i..cluding Sections
64.04.130 and 84.34.250 of the Revised COde of washington, and
Section 170(h) of the Internal Revenue Code of 1954, as a~ended,
and any amendment will be consistent with the purpose of this
Easement and may not affect its perpetual duration. The document
executed by Grantor and The Land Trust for the purpose of
amending this Easement in accordance herewith will be recorded in
the Officia, Records of Jefferson County.
9.1 This Easement is transferable; PROVIDED, HOWEVER, that The
Land Trust may assign its rights and obligations hereunder only
to an organization that is a qualified organization at the time
of transfer under Section 170(~) of the Internal Revenue Code of
1954, as amended (or any successor provision then applicable),
and the applicable regulations promulgated pursuant thereto, and
authorized to acquire and hold conservation easements under
Sections 64.04.~30 and 84.34.250 of the Revised Code of
Washington (or any successor provision then applicable). As a
condition of such tra~sfer, The Land Trust will require that the
conservation purposes that this grant is intended to advance
continue to be carried out. .
9.2 If The Land Trust ceases to exist or to be a Qualified
organization under Sec~ion 170(h) of the Internal Revenue Code of
1954, as amended, or to be authorlzed to acquire and hold
conserv&tion easem~nts undar Sections 64.04.130 and 84.34.250 of
the Revised Code of Washington, and a prior assignment is not
made pursuant tQ sub-paragraph 9.1 above, then the rights and
obligations of The Land Trust under this Easement will
immediately vest in The Trust for Public Land. If The Trust for
Public Land is no longer in existence at the time the rights and
obligations under this Easement would otherwise vest in it, or if
The Trust for Public Land is not authorized to acquire and hold
conservation easements as provided for an assignment pursuant to
this paragraph 9, or if The Trust for Public Land refuses such
rights and obligations, then the rights and obligations under
this Easement will vest in such organization as a court of
competent jurisdiction may direct pursuant to applicable
Washington law, giving due regard to the requirements regarding
an assignment pursuant to this paragraph 9.
10. Grantor agrees to incorporat~ the ,terms of this Easement in
any deed or other instrument whlch'divests Grantor of any
intørest in all or any portion of The Property, including,
without 1 im,tation, a leasehold interest. Grantor further agrees
to g,ve written notice to ~he Land Trust no less !han thirty (30)
days prior to such transfer. The failure of Grantor to perform
SIIY act requlred by this paragrapll will not impalr the valid,ty
or thlS Easement or limit its enforceabllity to any degree
vo¡ 382 rf...r 469
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CONSERVATION EASE~ENT
~ilham/Jeff.r50n land Trust
P:1<;¡e He. :3
whac 1:0.....8r.
". Gr.:Lntor- _.:L-=kno,..ìedge~ that Chi s ..:L,Sement has economic valu8
and that, in the event of condamnation, nu Land TruH ,,(11 b..
entitled to rec.ive just compensation in accorèanc. with
applicabl. law. -
12. Ucon request Or Gr4nCor, The Land Trust will within thirty
(30) days execute and daliver to Grantor any document, includi~g
an estoppel certificate, which certifies Grantor-'s compTt4nc.
with any ObTig~tion of Grantor under this Easement or otherwise
evidencas tha sta:us of this Ea..emanL
- . -
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13- Any notice, dem4nd, request'. 'consant, a;:¡~r-ov..1, or-
colT'.munic.:Lcion th.::!t eith_er Gra(1Cor or- Th/,! land Trust dasira:! or is
r~quired to give to the other mu..t be in "riting and either
,personally delivered, or -sent oy first class mail, postage
prepaid, or transmit tad by /,!'¡ectronic means with a copy of such
e1actronic transmittal baaring the date of such transmittal
ret4i(1sd by the tra(1smitt~~ to Such address or t~Teøhone numb.r
~S m4Y be provided by either øarty from time to time; th. initial
m",i 1 i"g addres_$ for S4Cn party is sat torth 4t ths ~.ginnfng of
thi~ instruffian!:.
. .
.
t~. The Land Trust is to record this instrumOlnt in timely f£shion
In the Official RecorðS of Jaffarson County, Washington and such
other ju,risdiction in wniclÍ CI.(1y portion of The Property Ift-4Y b.
situated. and The Land Trust m4~ re-record this instrum.nt &0
ofte(1 as mar be necass4ry'pra$~rv. i~3 ri~hts in tnls Easement.
. f. . . -
15. (d) Tne interpretation and perform4n~e of thf1 c£s8mant 1-
governed by th- law~ of the Sedte of Washington.
(0)- Any gener/ll rule of con.,truo;C1on to the contrary
notwithstanding. this E4šemsnt is to b. lib.ral1y CO(1strued in
favor at thIS 9r-4nt t~ effect th. purpose ot this Easament and the
colicy and purpose of the washington St4tUt.S~ Author1~ing
conservAtion ~asements. If any provision of this Eas.ment is
found to O. dmblguous, /In int.rpretation consistent with the
purpos~ of this Ease~ent ~hicn would render th. provision val'ld
IS ~ ba f",vored over any lntarpretaCion which "culd render such
P/ov15ion Invalid. ; "
(0;) If any prOVISIon of this E4s.m.~t. or its 4pp1icatfon to
/lny person or circum-stanca, IS fo\"jnd to be It'lvó.lid. the rem.dndor
of tn. provis1ons oj ehls Easement. or tne aopTic~tion of such
provIsion to pe~30(1S- or CI~cumstances 4S to ~hich it has not be.n
found to ~e 1nv~tlå. ~~ the case ~ay Oe. m4Y not be ~fract.d
thereby.
Cd) r~is tnstrume(1t sats fo~th eh. entire ~qr.amont of tne
C4rt 1 es nereto ...1 en ; resaect to tn. E4se,"ent 4:1d ~upers.d.S a1 1
O~1cr ~IScu5SI0ns. ~.g~t1a~lons. una.rst.:Lndln~s. or 4g~.em.ncs
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CONSERVATION EASEMENT
Kilnam/Jefferson ~4nd Truat
Page No. to
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~81ating to this Easement, all of .hich a~e me~ged herein.
Ca) Hothing contained in tni~ instrument is to result in a
forfeiture or'raversio_n of Grantor's ti-rl. in -any respect.
Cf) All ooTigaCion3 imposed upon Grantor oy thi~ in~trum.nt
cr. joint and several.
(g) All c:;ov"n4nt~, terms, condition3, and r.strictlons of
this Easement are bindinq upon and inure to tn. b.".fit of
Grantor ana Grantor's heirs. d.yi~..s. personal representatives,
SUCCðssor~ in interest, 4nd assigns, and Th. L!tna Trust, ita
successors in 'ïnterest and- 4ssigns, and are to continua as a
servitude in perpetuity running with The Property.
OLIVER FRANK KILH~ 1¡3/~--
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(./'¡' ¿,'-t', ~l...c:~¿ ~ 1::v'~~~
ONDA ROLEHA KILHAW
~Gr4ntor-
DOUGLAS G. &.I"'SON
President
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DEED OF CONSERVATION EASE~EHT
Kilham/Jeffersdn land Trust
StAt, at Washington)
)
County of Jefferson)
.as.
On, t h f s day
ONQA ROLENA
in and ",1'10
ackno...,l edged
deed, for thlt
~erson411y APpeAred before me OLIVER F~AN~ ~ILHAM and
KILHA~. to m~ known to be th~ individual~ described
executed the ...ìthin and foregoing instrum~nt. and
that they signed the s~e as their fr.. act and
USeS and purposes therein mentioned.
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and'
official
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of
NOTA~,( PU8l.I..C i~nd for the Stat" ",6 "'a.¡;:),....-tðl"l
res ì din gat I ê--+ 1q,..J .'1-;, 4. t( DOUGLAS G MASON
/.Iy cc:rmission expires ,J...lL '5, !-Nt." IoOc-",..,1"'\,þIc
'r sTArE CI' W"'Sl'ilWGt'oot
Stat. of Washington)
)
County of Jefferson)
J.Io,. C- E<;o .).;y 15- I~
sa.
F~~f~t~i
On this day before me personAlly'apc~ared DOUGLAS.G. ~SOH and
STEPHANrË~lUTGRrNG. to me known' to be the persons .1'10 executed
'tne within and foregoing instrument, and to me known to be the
President and Secretary, respectively, of Jefferson Land Trust. a
wasnington nonprofit corpor4tion. and acknowledged th. said
instrument the free and voluntary act of said corporation. for
the uses and purposes therein mentioned. and on Oath stated that
tn~y are authorized ~ executG said instrument by authority of
its,Board ot Directors.
Given under my land and seal. this .3:l..(day of
- L.. /,,' ~/ ~~ (
:~NOTÅ~Y pu8L~~ in and for the St~t.
I;; residing 1!J.("-;'Y...r-~4"""¿'
My COITY:IÎssÎon exp1res ....~;¡,.i-3
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EXHIBIT' ~A~
Lots 1 to -', inclusivor. in Slack 324; lots 1 to 4, inclusiv., in
810ck 325; Lots f to ",. inclusivor, in 810ck 32e; and Lots 1 to .c.
inclusive, in 810ck 327, all in ;ne SupplementaryPl.t of
=isenOeis Addition to tne City of Port To~nsend, 4$ par plat
r~cordðd in volume 2 of Plats, ¡age 24, records of,Jeff.rson
County. togather ~ith tnat portion of vacated lft'h'Str.et, that
portion of vacated 12th Street, and that ~ortion ot vacated 13th
Street, al 1 45 vacated by Ci ty Ordir:':lncQ No. 923, which Yfould
attach to said blacks by oparatjon of law;
That portion of Lots 4, 5, 9 and 10 lying Southeasterly of th-
Southeasterly boundary o~ the right of way of that c.rta1n
roadway known as Old Discovorry Road, and Lot~ ð, ~ and a in 8lock
13; and Lots 1 to 12. inclusive, in 810ck 1a, 411 jn Phillip's
Addition to the' City of Port Townsend, as per plat r.cord~d in
Volume 2 of Plats, pagor 2, records of Jorffarson County; ,
...- That portion of Blocks 3 and ð of W. C. HaJrVnOnd's Addition to th-
City of Port Townsend, 4S per plat rorcord~d in Volume 2 of Plats,
p4g8 37, records of Jeffarson Col.lnty, lying East of the East
boundary line of 'Phillip's Aadition to the City of Port Towns.nd,
as aforesatd. together with that portion of YaCat~d 12th Str..t,
that cortion of vaCated t3th Street, and that portio~ of vAcated
GIbbs Street, all as vacated by City Ordinance No. g23, which
would attach to said bloc~s by:op.ratio~ of ~aw; .
..
That portion of Blocks 4 and 5 of w. C. Hammond" Addition to the
City 0'( Par;, Townsend, as 'corr cl,&r.reco,!ded in Volume Z.of Plats,
page 37, r8~ords of Jefferson County,. lying West of the West
boundary line of Supple~entary Plat of Eis~nb~is Addition to the
City of Port To~nsend, t~9ðther with that portion of vacated 12th
Street, that portion at vacated 13th Street. and that portion of
vaCated Gibbs Street, all' as vacatad by City Ordinance Ho. 92j.
whICh would attaCh to ~id blocks by opermtion of law;
That portion of Governme~t ~ot 3 of Section 9, Township 30 North.
Range 1 West, W.M., descrIbed as follows:
Beginning At the Southeast corn.,. of sAid ,Government loot 3:
tneny"" Horth 397 feet to the Soùth 'Hne of w. C. HamntOnd'.
Adúitl0n to the City of Port Townsend; thence West on said South
. - line 4158 faat to the E4St line of Phillip's Addition to the City
of Port Townsend; thence 'South 397 fe~t to the South line of said
bovarnmenc Lot 3; thenc. East on said lot line "Be faort to th.
point at b.gi~ning.
exCEPTING THEREFROM the rea I prop.,.t)' Clascn bed AS fo 110>1'$:
Pa,.c..I Onl!
loots 4,5, .snd that øort o~ of Lot ð. Slock 3, lying E~st/-'i:i ar
V~ 3~2 ";'.c q
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PLANT LIST FOR KILHAM PROP~TY
Mos~ of ~he p~ope~ty.ls in pastu~e. The~e 1~ a hedgerov of
native shrubs a?d trees suroundinq ~he p~oper~y. Å na~ural drainage
corridor crosses the property ~nd ~n scveral areas thcre are"
we~dg- Thcr~ arc landscape ~nd g~r~en plantsðround ~he living
areas that are not included 1n this 11st.
The Quaking Asp~ns arc ~ost li~cly remnant~ of the vriginal
wetl~nd vegetation that survived in the hedqe rovs. They are making
E ~ comeback in the wet areas. This is the second wetland area in
Port: Townsend where Populus tre::,uioides h~$ been ,found. 1'hey
,usually occur at hlgh~r elevations on t:he Oly=pic Peninsu1å.
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Pseudotsugd menziesii
Ame1ancier a101fo11a
Sambucus racemosa
Crataegus moncgyna
Populus trichocarpa
prunus emarginata
Mt. A.sh
Pine
Deodar
Srruce
Lilac
Rosa eglanteria
Symphoricarpus albus
Ribes sdnguineulII
Rubus discolor
Rubus pedatu:s
Lon!.cera ci1iosa
Anaphali~ margaritacea
Veron1ca sp'.
Silene SPA (scouler!?)
Plantago major
Geranium molle
Trifoliumpratense
Rumex aceCosella
Lupinus arboreus
Achillea mil1effol1um
Taraxacum officinale
Ranunc:ulus SPP-
Crucifer several spp.
Vicia hirsut.:r.
Mantia per!oliata
CerastrulII(sp (acven4e)
C.allium apacine
Lemn'a nÜnor
Juncus spp_(effu~us)
Various Ccamineae
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Arbutus œen:iesii
1"huja plic,ðta
Sal1x spp.
Populus tremuloides
Acer macrophyllum
Cory1us cornuta
Norvay Maple'
.3..rb<H'v i ta e
Redwood
Apple
aerb~ri5 ne=rosa
Holidiscus'di:scolor
Gaulthecia shallon
Shepardia canaderisi~
Rubus parviflor,¡¡
Fragaria virginia
PteridiulII aquilinua
GlecCllla hedcac.:r.e
Hysosoti.s arven:sis
Plantago lanceolat.a
Arctlul%l l11inU5
Trifolium reperu
Trifolium dubiuw
Rumex crispus
Urtica dioica
!-Ialva sylve:stris
Latuca :sp-
Composit several sp?
Vie!.. sativa
'Anth.emls 5P
~edica'j1o sativa
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Phalaris arundinacea
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The Land Use Map-Acreage Within Each Land Use Designation
LAND USE DESIGNATION
LAND AREA IN ACRES
LAND AREA IN ACRES
Less Platted Rights otWay and
Marinas
R-I 748
R-Il 2190
R-III 227
R-IV 30
R-PUD 59
C-I/MU 19
C-II/MU 22
MU-PUD 0
C-I 3
C-Il 147
C-Il(H) 17
C-1II 47
C-IV** 0
CM-PUD 35
M/C 43
M-I** 0
M-II(A) Boat Haven 93
M-Il(B) Point Hudson 24
M-III** 0
PIGS 613
P/OS(A)*** N/A
P/OS(B) 90
P-I 174
523
1539
155
18
52
14
IS
0
2
94
II
25
0
26
43
0
44
12
0
479
N/A
86
146
. Totals include lands within the Port Townsend City limits only.
.. These land use designations could be applied to portions of the Glen Cove area. if FUGA is larger than the Port Townsend City
limits is designated,
... This designation is intended only to depict. at a conceptual level, areas that could be valuable if maintained as open spaces,
Considerable work must be completed before the boundaries ofthis conceptual overlay district can be detailed, and before specific
steps can be undertaken to implement the concept. Consequently, acreage totals are of marginal usefulness at this point in time,
(Ord. ***, § 3.1 1999; Ord. 2670 § 1.5,2,1998; Ord. 2606 § 1,2,1997; Ord. 2571 § 3,1997; Ord. 2539,1996)
EXHIBIT
E
TABLE IV-I: LAND USE DESIGNATIONS - SUGGESTED USES, DENSITIES
& BUILDING HEIGHTS*
LAND USE LAND MINIMUM MAXIMUM DENSITY BUILDING
DESIGNATIONS USES ALLOWED DENSITY OR LOT COVERAGE HEIGHTS
(Feet)
R-I Single-Family Houses, Not 4 Dwelling Units Per 30
Duplexes, Triplexes Specified Acre; Maximum
& Fourplexes Lot Coverage of35%
R-II Single-Family Houses, Not 8 Dwelling 30
Duplexes, Triplexes Specified Units Per
& Fourplexes Acre
R-III Single-Family Houses, Not Specified 16 Dwelling 35
Duplexes, Triplexes & Units Per
F ourplexes; Condos, Acre
Townhouses &
Apartments
R-IV Condos, Townhouses 17 Dwelling 24 Dwelling 35
& Apartments Units Per Acre Units Per Acre
C-UMU Upper Floor Not 2 Square Feet of Not Specified
Residential & Ground Specified Gross Floor Area Per
Floor Neighborhood 1 Square Foot of Lot
Commercial
C-IIIMC Upper Floor Not 3 Square Feet of Gross Not Specified
Residential & Ground Specified Floor Area Per
Floor Community I Square Foot of Lot
Commercial
C-I Small Scale Not 1 Square Foot of 35
Neighborhood Retail & Specified Gross Floor Area Per
Professional Offices 3 Square Feet of Lot
C-II Medium Scale Not 1 Square Foot of 35
Auto Oriented Specified Gross Floor Area Per
Commercial Uses and 1 Square Foot of Lot
Upper Floor Residential
C-II(H) Medical Clinics, Not. 1 Square Foot of 35
Nursing Homes Specified Gross Floor Area Per
Doctor's & Dentist's 1 Square Foot of Lot
Offices, & Pharmacies
C-III Upper Floor Not 3 Square Feet ofOress 50, or as
Residential, Studios & Specified Floor Area Per Specified by the
Offices; Ground Floor 1 Square Foot of Lot Port Townsend
General Retail Urban Waterftont Plan
C-IV Large Scale Auto- Not Maximum Lot 45
Oriented Retailing; Specified Coverage of90%
Shopping Centers &
/)¡f;nU,A'.n.
COMPREHENSIVE PLAN
JULY, 1996
IV -13
EXHIBIT
LAND USE
ELEMENT
I
r
TABLE IV-I:
CONTINUED
LAt"ID USE LAND MINIMUM MAXIMUM DENSITY BUILDING
DESIGNATIONS USES ALLOWED DENSITY OR LOT COVERAGE HEIGHTS
(Feet)
MlC Small Scale Not I Square Foot of 35
Manufacturing with Specified Gross Floor Area Per
Associated On.Site 1 Square Foot of Lot
Re~ling
M-I Light Manufacturing, Not 1 Square Foot of 35
Processing, Fabrication Specified GrQss Floor Area Per
& Assembly; I Square Foot of Lot
Warehousing & Storage
M-II(A) Marine-Related Not 1 Square Foot of 35
Uses at Specified Gross Floor Area Per
the Boat Haven 1 Square Foot of Lot
M-ll(B) Marine-Related Not 1 Square Foot of 35
~ Uses at Specified GrQss Floor Area Per
Point Hudson 1 Square Foot of Lot
l1-III Heavy Industrial Uses Not 1 Square Foot of 35
& Bulk Storage Specified Gross Floor Area Per
1 Square Foot of Lot
PIOS Existing City, County & Not Not Not Applicable
State Owned Parks & Applicable Applicable
Recreation Areas
P/OS(A) Potential Not Not Not Applicable
(Overlay Designation) Open Space & Trails Applicable Applicable
Network; Residential &
Passive Recreational
Uses
P/OS(B) Mixed Public Facility Not I Square Foot of 35
& Passive Recreation Specified Gross Floor Area per
Uses 4 Square Feet of Lot
1'-1 Schools, Libraries, & Not Maximum Lot 50
Government Buildings Specified Coverage of 45%
R-PUD Single-Family & Not Varying - Depeods Varying - Depending
Multi-Family Specified Upon Base Zooing Upon SulTounding
Residential Density Uses and Development
Design
MU-PUD Mixed Residential & Not Varying - Depends Varying - Depending
Commercial Specified Upon Base Zoning Upon SUITounding
Density Uses and Development
Design
CM-PUD Mixed Commercial Not Varying - Depends Varying - Depending
& Manufa.:.'turing Specified Upon Base Zoning Upon Surrounding
Density Uses and Development
Design
(Ordinance 2716; Section 3.4)
* This table is intended omy to provide infonnation and guidance in the preparation of revisions to the Zoning Code (i,e" Title 17 PTMC),
COMPREHENSIVE PLAN
JULY, 1996
IV-14
LAND USE
ELEMENT