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HomeMy WebLinkAbout2540 Interim Zoning Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 COPIED TO COUI [}ATg ~//-~/~ Ordinance No. 2540 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, REPEALING AND REPLACING THE OFFICIAL ZONING MAP ADOPTED UNDER CHAPTER 17.12.40 PTMC WITH AN INTERIM ZONING MAP THAT PARTIALLY IMPLEMENTS THE PORT TOWNSEND COMPREHENSIVE PLAN, AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED, (CHAPTER 36.70A RCW); DECLARING AN EMERGENCY; AND, ESTABLISHING AN EFFECTIVE PERIOD. The City Council of the City of Port Townsend finds as follows: The Washington State Legislature adopted the Washington State Grouah Management Act of 1990 and amendments thereto, Chapter 36.70A RCW (the "Act"), requiring selected counties and cities to prepare comprehensive plans consistent with the provisions of the Act, and development regulations that are consistent with and implement the comprehensive plan (Chapter 36.70A.040 RCW). After review and recommendation from the Port Townsend Planning Commission, the Port Townsend City Council has adopted a new Port Townsend Comprehensive Plan, Ordinance No. 2539 (the "Plan"), to facilitate the orderly and coordinated growth and development of the City. The Plan includes a Land Use Map which graphically details the location of land for various land uses, thereby establishing the character, quality, and pattern of the future physical development of the City. The City's existing zoning ordinance and official zoning map (Title 17 of the Port Townsend Municipal Code), originally adopted in 1971, does not conform with the land use designations and Land Use Map of the Plan, and must be repealed and replaced by new development regulations and a new official zoning map in order to achieve consistency with, and implement, the Plan. Because of the scope and complexity of the changes directed by the Plan, the new development regulations and new official zoning map will be prepared and adopted in phases, beginning with the adoption of this interim ordinance. Many of the land use designations referred to in the Plan, and graphically depicted on the Land Use Map, are not defined within the current zoning ordmance, or graphically depicted on the official zoning map. These designations cannot be implemented until new development regulations and a new official zoning map are prepared and adopted. INTERIM ZONING MAP ORDINANCE NO. 2540 JULY 15, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 9. 10. 11. 12. 13. Several land use designations referred to m the Plan, and graphically depicted on the Land Use Map, are defined within the current zoning ordinance, and graphically depicted on the official zoning map. These include the Neighborhood Commercial (C- I), General Commercial (C-II), and Community (i.e., "Historic") Commercial (C-III) designations and districts. The City Council desires that expansions to the C-I, C-II, and C-III designations graphically depicted on the Land Use Map of the Plan be immediately implemented through an interim zoning map repealing and replacing the existing official zoning map adopted pursuant to Chapter 17.12.040 of the Port Townsend Municipal Code. At the present time, the City Council does not wish that contractions to the C-I, C-II, and C-III designations graphically depicted on the Land Use Map of the Plan be implemented through changes to the boundaries of the C-I, C-II, and C-III zoning districts, since such contractions also imply expansions of adjacent Land Use Map designations which are not defined within the text of the current zoning ordinance. If not immediately implemented through an interim zoning map that repeals and replaces the existing official zoning map and which expands the limits of the C-I, C-II, and C-III zoning districts, subordinate, incompatible development in areas identified by the Plan for expansions to the C-I, C-H and C-III zoning districts is likely to result in the loss of valuable commercial lands which are necessary to fulfill the overall purposes and intent of the Plan. Specifically, incompatible development in areas identified by the Plan for expansions to the C-I, C-II, and C-III zoning districts could irretrievably subvert the following goals and policies of the Plan: a. Land Use Element - Goal 8, and Policies 8.1, 8.2, 8.4 and 8.10; b. Housing Element - Goal 6, and Policies 6.1, 6.2 and 6.3; and c. Economic Development Element - Goal 4, Policy 4.9; Goal 5, Policies 5.1 and 5.3; Goal 7, Policy 7.5; and Goal 9, Policies 9.1 and 9.6. In order to avoid circumvention of the Plan, which would not serve the public health, safety, and welfare, and to prevent subordinate incompatible development in areas needed for future commercial development, it is necessary to adopt this interim ordinance to guide commercial growth and development until new development regulations and an official zoning map implementing the Plan can be adopted. This ordinance will operate as an emergency zoning control and will remain in effect only until such time as the City can conduct studies, hold hearings, and adopt permanent development regulations and a new official zoning map under Title 17 of the Port Townsend Municipal Code. As such, this ordinance is consistent with, and expressly authorized by Chapter 35.63.200 RCW and Chapter 36.70A.390 RCW. INTERIM ZONING MAP ORDINANCE NO. 2540 JULY 15, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 14. 15. The Draft and Final Environmental Impact Statements prepared for the Plan, pursuant to the State Environmental Policy Act (Chapter 43.21C RCW), fully analyze the impacts related to the zoning changes directed by this ordinance. Nevertheless, this ordinance is exempt from review under the State Environmental Policy Act pursuant to the provisions of Chapter 197-11-880 and Chapter 19.04 of the Port Townsend Municipal Code. This ordinance bears a substantial relationship to the public health, safety and welfare of the City as a whole. NOW, THEREFORE, the City Council of the City of Port Townsend in regular session assembled does hereby ordain as follows: Section 1' Official Zoning Map, Repealed & Replaced. The official zoning map of the City of Port Townsend, Washington, adopted pursuant to Chapter 17.12.040 of the Port Townsend Municipal Code is hereby repealed and replaced with the interim zoning map attached as Exhibit "A" to this ordinance. Section 2: Filing. The interim zoning map shall be filed with the City Clerk and shall be available for public inspection upon the effective date of this ordinance. Section 3: Preparation of Development Regulations & Official Zoning Map,. The Director of the Port Townsend Building and Community Development Department, together with the Planning Commission, are directed to begin preparation of development regulations and a new official zoning map in order to timely comply with, and implement, the 1996 Port Townsend Comprehensive Plan. Section 4: Severability. In the event any one 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 deeded to be in effect to the extent permitted by law. Section 5: Effective Period. This ordinance is necessary for the immediate preservation of the public health, safety and welfare, and shall be in full force and effect five (5) days following publication of the attached summary, which is hereby approved, and shall remain in effect until January 18, 1997, or until such time as a permanent control may be enacted. Section 6: Public Hearing Required. Pursuant to Chapter 35.63.200 RCW and Chapter 36.70A.390, a public hearing shall be held on the interim zoning map within sixty (60) days following adoption of this ordinance (i.e., no later than Friday, September 13, 1996). INTERIM ZONING MAP ORDINANCE NO. 2540 JULY 15, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 6: Adoption. The interim zoning map attached as Exhibit "A", which depicts expansions to the boundaries of the C-I, C-II, and C-III zoning districts, is approved as the Official Zoning Map, Port Townsend, Washington. 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 fifteenth day of July, 1996. By flie MeCul[ocfi, Mayor Approved as to form: ~~ ~~ ' ~~/MeMahan, City Attorney First reading: July 15, 1996 Passage: July 15, 1996 Second reading: July 15, 1996 Publication: July 17, 1996 Third reading: July 15, 1996 Effective: July 22, 1996 Ordinance No.' 2540 e:\gm apl anLadcl~fing.~x&o~d2540 INTERIM ZONING MAP ORDINANCE NO. 2540 JULY 15, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Summary of Ordinance No. 2540 On July 15, 1996, the Port Townsend City Council passed Ordinance No. 2540, an ordinance repealing and replacing the official zoning map adopted under Title 17 of the Port Townsend Municipal Code (PTMC) to partially implement the 1996 Port Townsend Comprehensive Plan (the "Plan"), as required by the Growth Management Act of 1990 (Chapter 36.70A. RCW), declaring an emergency, and establishing an effective period of July 22, 1996 through January 18, 1997. The new official zoning map graphically depicts expansions to the Neighborhood Commercial (C-I), General Commercial (C-II), and Community (i.e., "Historic") Commercial (C- III) zoning districts, as directed by the Plan, and is necessary to promote fundamental Plan goals and policies which encourage economic development and the remedying of the City's jobs/housing imbalance. Following the effective date of Ordinance No. 2540, the City will initiate the preparation of new development regulations which, in part, will repeal and replace the existing zoning ordinance and official zoning map, ensuring that the City's development regulations implement, and are consistent with, the Plan. A complete copy of Ordinance No. 2540 may be obtained without charge at the City Clerk's Office at City Hall, 540 Water Street, Port Townsend, Washington, 98368. INTERIM ZONING MAP ORDINANCE NO. 2540 5 JULY 15, 1996