HomeMy WebLinkAbout2897 Lot Area and Amending Regulations for Lots Affected by Statutory Vacation
ORDINANCE 2897
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
AMENDING A SUBSECTION OF 17.08.040 I THROUGH M, DEFINITION
OF "LOT AREA," AND AMENDING SECTION 17.16.030 BULK,
DIMENSIONAL AND DENSITY REQUIREMENTS, OF TITLE 17 ZONING,
OF THE PORT TOWNSEND MUNICIPAL CODE, RELATING TO
SETBACKS AND DEVELOPMENT REGULATIONS OF LOTS
AFFECTED BY STATUTORY V ACA TION, AND ADOPTING INTERIM
REGULATIONS REGULATING LAND USE
WHEREAS, in 1996, by Ordinance 2539, the City adopted a comprehensive plan pursuant
to the requirements of the Growth Management Act (Chapter 36.70A RCW),
WHEREAS, in 1997, by Ordinance 2571, the City adopted a zoning code to implement the
comprehensive plan, pursuant to the requirements of the Growth Management Act (Chapter 36.70A
RCW), and
WHEREAS, the comprehensive plan created residential designations and the zoning code
created residential districts of low density (generally, 10,000 square foot minimum lot size, or 4
dwelling units per 40,000 square feet), and medium density (generally, 5,000 square foot minimum
lot size, or 8 dwelling units per 40,000 square feet), and
WHEREAS, the comprehensive plan and zoning code were based substantially on the fact
that many small city lots in Port Townsend had been created by plats that dated to the 19th Century.
("During the Victorian era of the late 19th Century, over 14,470 small city lots were platted,
typified by the 50' by 100' parcel." Comprehensive Plan, Introduction, II-5.) The comprehensive
plan recognized these 19th Century plats resulted in many unimproved rights of way. ("Most of
Port Townsend's unimproved streets were platted in the late 1800s." Comprehensive Plan,
Transportation Element, VI-5.) As shown on the comprehensive plan map and zoning map, the
City is substantially laid out in a grid pattern of 40,000 square feet blocks comprised of eight 5,000
square feet lots, with rights of way running between blocks and connecting to rights of way in
adjacent plats. Many plats forming the grid pattern were platted in the late 1800s.
WHEREAS, in 2002 the City first became aware of the potential application of statutory
vacation to certain rights of way in the City (State of Washington Laws of 1889-1890, Chapter
19, section 32, "statutory vacation statute"). Statutory vacation provides, generally, that any
county road which remains unopened for public use for a period of five years after the order is
made granting authority to do so shall be vacated. Under a 1907 ruling, statutory vacation
applies to streets dedicated in plats. A number of plats that are currently in the City limits
were platted, while in the County (before annexation) and apparently subject to statutory
vacation.
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Ordinance 2897
WHEREAS, since becoming aware of statutory vacation, the City has released its
interest in several unopened streets. The release of the City's interest has not resulted in any
increase in density. Release of City interest in additional unopened streets may result in
increased density as a result of utilizing property that is shown as right of way on the
comprehensive plan and zoning code. Instead of an R-II density of eight dwelling units on a
40,000 square foot block, separated by rights of way, there exists the potential (as a result of
statutory vacation) for additional lots to be created utilizing vacated unopened rights of way,
without being separated from adjacent blocks by platted rights of way.
WHEREAS, increased density that results from statutory vacation was not considered or
planned as part of the adoption of the City comprehensive planning, zoning, or development
regulations, and is not consistent with the comprehensive plan residential designations and
zoning code residential districts in the comprehensive plan and zoning code, which are based in
substantial part on density within 40,000 square foot blocks in existing plats.
WHEREAS, the City needs time to consider properly and carefully the potential effects of
statutory vacation on the City's comprehensive plan and zoning code, and other development
regulations, and
WHEREAS, the City Council finds it is appropriate to preserve the status quo and to
prevent the vesting of any new applications for development or land use approvals that are or may
be inconsistent with the City's comprehensive plan, pending review of City codes to make sure that
regulations are in place that are consistent with the comprehensive plan, and particularly, density
provisions of the plan; and
WHEREAS, RCW 35A.63.220 relating to Code cities like Port Townsend, and
36.70A.390, a section of the Growth Management Act (Ch. 36.70), authorize the City to adopt
interim regulations to preserve the status quo while new plans or regulations are considered and
prepared; and
WHEREAS, there are no new or pending applications that staff is aware of that would be
affected by this ordinance. There is a pending application for a boundary line adjustment, that seeks
to utilize property from vacated rights of way to increase the number of existing platted lots. The
City has advised the applicant that the boundary line adjustment process can only adjust boundaries
and cannot be used to increase the number of lots. This ordinance does not affect the outcome of
the application for boundary line adjustment,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Purpose/Findings. The Council adopts the statements made above in the
recitals as findings setting forth the need for this ordinance.
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SECTION 2. Interim Regulations. Section 17.08.040 I through M (Definitions) and Section
17.16.030 Bulk, dimensional and density requirements are amended to read as follows (strike
is deleted, underline is added):
See attached Exhibit A
SECTION 3. Exemption. This ordinance shall not apply to vested permit applications.
SECTION 4. Public Hearing on Ordinance. Pursuant to RCW 36.70A.390, the City shall
hold a public hearing on this ordinance within 60 days of the passage of this ordinance. At or
immediately after the public hearing, the City Council shall adopt findings of fact on the
subject of these interim regulations either justifying their continued effect, or cancel the
regulations, or take other appropriate action
SECTION 5. Severability. If any sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase or work of this ordinance.
SECTION 6. Effective Date. This Ordinance shall take effect immediately after passage if
adopted by a majority plus one of the City Council. Otherwise this ordinance shall take effect and
be in force five days after the date of its publication in the manner provided by law.
Publication of this ordinance shall be by summary thereof consisting of the title.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this twenty-fifth day of April, 2005.
(' ~ -' ~ J l ' . J.
Catharine Robinson, Mayor
Attest:
Approved as to Fonn:
CZ~y,~~
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John P. Watts, City Attorney
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Ordinance 2897
Exhibit A
A. SETBACKS IN RESIDENTIAL ZONING DISTRICTS
17.16.030
Bulk, dimensional and density requirements.
A. The standards contained in Table 17.16.030 apply to all residential zoning districts, and shall be
determined to be minimum requirements, unless stated as maximum by this title.
B. Exceptions. The rear setbacks provided in Table 17.16.030 shall not apply to accessory structures
smaller than 120 square feet in building coverage and 10 feet in height; provided, that all such
accessory structures shall be a minimum of five feet from rear lot and/or property lines.
C. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of
this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as-
defined in Chapter 17.OS PTMC; provided, however, that the roof or eaves of a roof of a building may
extend beyond the building line a maximum distance of two feet into the applicable minimum yard
area. Lot line for purposes of this section means the lot lines established for the lot by a plat, or
subdivision. and does not include any line or boundary encompassing property that may be part of the
lot or attach to the lot by reason of a street vacation resulting from the effect of statutory vacation (State
of Washington Laws of 1889-1890, Chapter 19. section 32. "statutory vacation statute"). For purposes
of this section, setback applies to all development and structures. Fences. antennas, wall, and rockeries
may be located anywhere within the lot lines established for the lot by a plat or subdivision. Variance
(PTMC Ch. 17.88 applies to provide relief from the provisions of this section.
D. Construction and Permits. From and after the effective date of the ordinance codified in this section,
no building permit shall be issued and no building shall be constructed on any tract, lot or site in the
city unless the building is situated on such tract. lot or site in conformance with the requirements of this
title and any other applicable provision of law.
B. DENSITY
17.08.040
I through M.
"Lot area" means the total horizontal area within the boundary lines of a lot. Where utility or private
access easements are located within a parcel, lot area computation shall include that area contained
within the easement. Where public street rights-of-way are located within or bordering a parcel, lot
area computation shall not include that area contained within such rights-of-way. Lot area does not
include any property that may be part of the lot or attach to a lot by reason of a street vacation resulting
from the effect of statutory vacation (State of Washington Laws of 1889-1890. Chapter 19. section 32,
"statutory vacation statute").
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Exhibit A to Ordinance 2897