HomeMy WebLinkAbout2879 Amending Comprehensive Plan
Ordinance No. 2879
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES
AND POLICIES CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE
PLAN (THE PLAN); ADOPTING ONE SPECIFIC AMENDMENT TO THE
OFFICIAL LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING
AMENDMENTS TO THE TEXT AND TABLES OF TITLE 12, STREETS &
SIDEWALKS, AND TITLE 17, ZONING, OF THE PORT TOWNSEND
MUNICIPAL CODE (PTMC); ADOPTING SPECIFIC 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
DEVELOPMENT SERVICES DEPARTMENT TO PREP ARE REVISED COPIES
OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS
ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE
AMENDMENTS TO TITLES 12 & 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
(CHAPTER 36.70A RCW).
The City Council of the 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 Comprehensive
Plan (the Plan) was initially 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.
Fol1owing adoption, the Plan was appealed to the Western Washington Growth
Management Hearings Board in Eldridge... et. al vs. City of Port Townsend,
WWGMHB No. 96-0029, petitioners alleging that the Plan failed to comply with
the GMA. In its final decision and order in that case, the Hearings Board held
that the City had "complied with the GMA in all respects challenged by the
petitioner," and stated that the Plan should serve as a "model" for other cities
throughout the state.
3.
After public review and a recommendation from the Planning Commission, the
Council adopted the City's Zoning Code (Title 17 PTMC) 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.
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AMENDMENTS - FEBRUARY 7, 2005
ADOPTfON ORDINANCE
NO. 2879
4.
After public review and a recommendation from the Planning Commission, the
City's Comprehensive Plan/Development Regulations Amendment Process Code
(Chapter 20.04 PTMC) was initially 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 (RCW 36.70A.130
and 36.70A.470). Al1 findings, recitals and other provisions of Ordinance No.
2559 are incorporated herein by this reference.
5.
Chapter 20.04 PTMC establishes a process for consideration of amendments to
the text and maps of the Comprehensive Plan and Development Regulations.
Since their initial adoption in 1996 and 1997, respectively, the City has
undertaken amendments to the plan and development regulations a total of six
times. These prior amendments have been undertaken in an effort to ensure that
the plan and development regulations remain consistent with the goals and
requirements of the GMA, as wel1 as emerging community trends and needs.
6.
Despite these prior amendments, RCW 36.70A.130(4) clearly requires that the
City of Port Townsend review, and if necessary amend, its plan and development
regulations at least once each seven years to ensure continued compliance with
the goals and procedural and substantive mandates of the Growth Management
Act (Chapter 36.70A RCW). This proposed ordinance represents the City's
formal response to this statutory mandate.
7.
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 (RCW 36.70A.035, 36.70A.130,
and 36.70A.140).
8.
As set forth in the findings below, the opportunities provided for meaningful
citizen participation employed in this review and amendment process are whol1y
consistent with the requirements of the GMA (RCW 36.70A035, 36.70A.130,
and 36.70A.140) and the procedures set forth in Chapter 20.04 PTMc.
9.
On March 25, 2004, and after timely and effective public notice, the Planning
Commission held a public workshop meeting to become familiar with the review
and amendment procedures established in Chapter 20.04 PTMC, and to review
the proposed preliminary docket prepared by the Development Services
Department (DSD). The Planning Commission further refined and developed the
suggested plan and development regulation amendments, and prepared for their
subsequent public hearing to formulate recommendations concerning the final
docket for formal review.
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AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
NO. 2879
14.
10.
On April 1, 2004, 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 development regulation 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 of 20.04.060(C) PTMC.
11.
At a regular meeting held on April 19, 2004, and after timely and effective public
notice, the Council deliberated upon and adopted the final docket
recommendations of the Planning Commission, consistent with the requirements
of 20.04.060(D) PTMc.
12.
On July 29, 2004, and after timely and effective public notice, the Planning
Commission held a public workshop meeting to review the draft text of the
proposed plan and development regulation amendments (LUP04-095), and the
one site-specific, quasi-judicial proposal to amend the Comprehensive Plan Land
Use Map and the Official Zoning Map (i.e., the Wilson/22nd Street Rezone -
LUP04-021). The workshop also afforded the Commission with an opportunity to
refine the form and content of the proposed amendments for formal consideration
at a subsequent public hearing. All audio taped and written records of the
Planning Commission's deliberations during this meeting are incorporated herein
by this reference.
13.
On August 12, 2004, and after timely and effective public notice, the Planning
Commission held open record hearings to accept public testimony on eight of the
ten of the legislative items on the final docket (i.e., City of Port Townsend-
LUP04-095), as well as the one site-specific, quasi-judicial, proposal to amend the
Comprehensive Plan Land Use Map and the Official Zoning Map (i.e.,
Wilson/22nd Street Rezone - LUP04-021), and to deliberate and formulate
findings, conclusions and recommendations for the advice of the Council.
The Council has elected to process two of the ten formally docketed legislative
amendments separately and subsequent to this Ordinance 2879, as follows:
a.
Amendments to Chapter 17.72 PTMC, Off-Street Parking and Loading;
and
b.
Amendments to Chapter 19.05 PTMC, Environmentally Sensitive Areas.
These docketed matters are anticipated to be the subject of formal public review
processes before the Planning Commission review and consideration commencing
in the fall of 2004, and concluding with final legislative action by the Council in
the quarter of2005.
COMPREHENSIVE PLAN
AMENDMENTS ~ FEBRUARY 7, 2005
3
ADOPTION ORDINANCE
NO. 2879
15.
16.
17.
18.
19.
20.
21.
22.
On September 7, 2004, the Planning Commission formally transmitted its
recommendations concerning the proposed legislative amendments (LUP-04-095)
and the one site-specific, quasi-judicial, proposal to amend the Comprehensive
Plan Land Use Map and the Official Zoning Map (i.e., the Wilson/22nd Street
Rezone - LUP04-021).
On September 13,2004, and after timely and effective public notice, the Council
and held a public work-study session to review and discuss the findings,
conclusions and recommendations of the Planning Commission, in preparation for
the Council's subsequent public hearing on the proposed plan and development
code amendments.
On September 20,2004, and after timely and effective public notice, the Council
held a final open record hearing to accept public testimony on the Planning
Commission's recommendations, and to deliberate upon the testimony received.
Following the close of public testimony on September 20,2004, the Council
deliberated upon the testimony received and directed certain minor modifications
to the proposed amendments, and conducted a first reading of Ordinance Number
2879. At the same time, the Council elected to defer the second and third
readings and formal adoption of the proposed Comprehensive Plan amendments
in order to enable their concurrent adoption with proposed amendments to
Chapters 17.72 and 19.05 PTMC ("Off-Street Parking & Loading" and
"Environmentally Sensitive Areas", respectively) anticipated in the spring of
2005.
Based upon the recommendations of the City Attorney's Office, the City Manager
and DSD staff, the Council has determined that this Ordinance Number 2879
should be adopted in advance of consideration and adoption of amendments to
Chapters 17.72 and 19.05 PTMC in order to ensure compliance with the
requirements ofRCW 36.70A.130(4).
The Council expressly finds that the proposed amendments to Chapters 1 7.72 and
19.05 PTMC do not necessitate any amendments to the City's Comprehensive
Plan, and therefore, may be considered as part of a subsequent legislative process,
currently anticipated to culminate in adoption of separate amendatory ordinances
during the spring of 2005.
On February 7,2005, and after timely and effective notice, the Council held a
public meeting to complete the second and third readings of Ordinance Number
2879, and to formally adopt with modifications the various findings, conclusions
and recommendations of the Planning Commission.
The Council hereby adopts and incorporates by this reference the findings,
conclusions and recommendations approved by the Planning Commission on
August 12,2004 and transmitted to the Council on September 7, 2004, relating to
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
NO. 2879
23.
24.
the legislative proposals requiring amendments to the narrative, goals, and
policies of the plan, and/or amendments to the text the City's development
regulations contained in Titles 12 and 17 PTMC, respectively (i.e., LUP-4-095).
The Council finds that the Planning Commission's findings, conclusions and
recommendations regarding the legislative amendments are consistent with the
requirements for amending the Plan set forth in Chapter 20.04 PTMC, and hereby
approves:
a.
The amendments to Section 12.04.030, "Definitions," of Chapter 12.04
PTMC, "Transportation Rights-of-Way Improvement Standards,"
necessary to establish definitions of terms relevant to transportation
concurrency management;
b.
The new Chapter 12.06 PTMC, "Transportation Concurrency
Management," necessary to describe the requirements and procedures for
determining the consistency of proposed development projects with the
Transportation Element of the Comprehensive Plan, including the
transportation concurrency management provisions of the Plan;
c.
The new Section 17.12.045, "Urban growth area boundary," of Chapter
17.12 PTMC, "Establishment of Zoning Districts," needed to clarify the
limits of the Port Townsend Urban Growth Area; and
The new Chapter 17.50 PTMC, "Essential Public Facilities," necessary to
clarify the process and requirements applicable to essential public
facilities of state-wide or regional significance.
d.
The Council hereby adopts and incorporates by this reference the findings and
conclusions contained in Resolution 04-054, relating to LUP04-021, and approves
the site specific, quasi-judicial, amendment to the Comprehensive Plan Land Use
Map and the Official Zoning Map to change the designation and zoning of some
8,100 square feet of City owned property located at the intersection of Wilson and
22nd Streets from R-II to P/OS to reflect the existence of a neighborhood pocket
park. Based upon the record developed before the Planning Commission and
Council, the Council finds that the redesignation and rezone is consistent with the
requirements for amending the Plan and Zoning Code set forth in Chapter 20.04
PTMC.
The Council finds that the plan and development regulation amendments adopted
herein have been subject to environmental review and threshold determination in
compliance with the State Environmental Policy Act (SEP A) (Chapter 43.21 C
RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. On July 21,2004,
the City's SEPA Responsible Official issued a determination of non significance
(DNS) for the legislative amendments adopted herein, which became final on
August 5, 2004. Similarly, the site-specific, quasi-judicial amendment for the
Wilson/22nd Street Pocket Park, set forth in Resolution 04-054, was the subject of
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
NO. 2879
25.
26.
27.
28.
29.
a separate environmental review and threshold determination, which also became
final on August 5, 2004.
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, are consistent with
the Community Direction Statement contained in Chapter III of the Plan and the
review and amendment criteria set forth in 20 PTMC, and are necessary to
maintain ongoing compliance with the GMA, consistent with the mandates of
RCW 36.70A.130(4).
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 prior to the
adoption of this ordinance (RCW 36.70A.I06). No substantive comments have
been received from DCTED prior to the adoption of this ordinance.
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 (RCW
36.70A020).
This ordinance has also been reviewed against the requirements of the County-
Wide Planning Policy for Jefferson County (CWPP) and has been found by the
Council to be in conformance therewith.
Based upon the foregoing findings, the Council finds that adoption of the
following amendments to the narrative text, goals, and policies of the
Comprehensive Plan, the narrative text of Titles 12 and 17 PTMC, and the plan
Land Use Map 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.
NOW THEREFORE, the City Council ofthe City of Port Townsend in regular session
assembled does hereby ordain as follows:
SECTION 1: ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND
COMPREHENSIVE PLAN RELATING TO THE 20-YEAR POPULATION
FORECAST & ALLOCATION: The text of the Port Townsend Comprehensive Plan
is hereby amended to repeal and replace obsolete Plan language relating to the 20- Year
Population Forecast and Allocation, as set forth in subsections 1.1 to 1.12, below.
SUBSECTION 1.1: The subsection entitled "Accommodating Port Townsend's
Share of County-Wide Growth", under the Section heading entitled "What's in the Plan"
on page II-4 ofthe Introduction Chapter ofthe Port Townsend Comprehensive Plan shall
be amended to read as follows:
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
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One of the purposes of the GMA is to limit sprawling urban density development in rural
and resource lands. To accomplish this goal, the GMA makes clear that cities and urban
growth areas (UGAs) have a responsibility to accommodate the lion's share of growth,
and to do it in a compact, urban manner. By mutual agreement, and based upon recent
demographic data, Jefferson County and the City have determined that Port Townsend's
share of County-wide growth will be approximately ~ 4.985 people during the He*t
20 years period between 2000 and 2024. This would increase the City's total population
from 8,366 today 8,344 in 2000 to about 13,876 13.329 by the year 2024.
SUBSECTION 1.2: The section entitled "Port Townsend Today" beginning on
page II-6 ofthe Introduction Chapter of the Port Townsend Comprehensive Plan shall be
amended to read as follows:
Who Lives in Port Townsend?
Population
There are were an estimated &,JM 7.998 people living within Port Townsend as of 1996.2
The most heavily populated areas of the City are were in the Uptown district and in some
areas in the southwestern portion of the City, near Kah Tai Lagoon, with densities
approaching 25 people per acre. The Washington State Office of Financial Management
(OFM) estimated Port Townsend's population to be 8,275 in July of 1996.
Education
Out of 4-,%-16.266 persons in Port Townsend aged 25 years or older, 87.6% 91.7% htwe
had high school diplomas in 2000, and 27.7% have 33.1 % had bachelor degrees or
higher. These figures are high in comparison with Jefferson County and the State of
Washington as a whole.
Age
The median age in Port Townsend is ~ 46.6 years, a full5eVefl eleven years higher
than the median age for the entire State (JJd 35.3), and one year fractionally lower than
the median age for Jefferson County as a whole (4-h-l- 47.1 ). For the entire planning area,
;M% 19.6% of the population is under the age of 18, while 19.5% 20.8% is 65 or older.
Table II-Ion page II-7 compares the age distribution ofthe State, County and City.
Household Income
2 All infonnation presented in this section is drawn £Tom the 1990 U.S. Census unless otherwise noted Aoril
1 Intercensal and PoskŒS.aLE~timat~s..9~'Io.tal Resident PoJlulation by Year for the State, Countie~
Cities, the Unincorporated Areas, and Incorporated Areas: 1968 to 2002 (Washington State Office of
Financial Management, February 2003).
COMPREHENSIVE PLAN
AMENDMENTS. FEBRUARY 7, 2005
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ADOPTION ORDINANCE
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The median household income for Port Townsend in -l-99{) 2000 was $25,51 g $34,536.
Port Townsend's residents have slightly ffigftef lower income levels than those of
Jefferson County as a whole ($37,869). In comparison with the State, however, the City's
income level is considerably lower (i.e., lower than the state average, $45,776). The most
drastic difference between City and State figures occurs in non-family households, with
Port Townsend's non-family household income approximately 28.8% 33.4% lower than
the State average. Approximately 11.4% 14.0% of Port Townsend's population lttwe has
incomes below the poverty line, compared with 10.9% 10.6% statewide.
TABLE II 1: CITY OF PORT TOWNSEND, JEFFERSON COUNTY &
WASHINGTON ST ATE ACE DISTRIBUTION OF POPULATION
AGE (YEARS) STATE JEFFERSON CO. PORT
TOWNSEND
~
15.9%
H%
U%
M%
30.6%
11.3%
4:+%
4#¥ó
11.5%
~
2-:()%
Under 5
3---l-3-
16 17
18 20
21 24
25 11
15 51
55 59
60 61
65 74
75 81
85 & Over
+á%
15.9%
M%
4d-%
~
31.0%
10.3%
J-»%
~
6-:9%
;h8%
-l-d%
~
11.6%
2-d%
M%
H%
29.0%
10.9%
~
é-á%
13.6%
~
-l-:4%
TABLE 11-1: CITY OF PORT TOWNSEND, JEFFERSON COUNTY &
WASHINGTON STATE AGE DISTRIBUTION OF POPULATION
AGE (YEARS) STATE JEFFERSON CO. PORT
TOWNSEND
19.6%
5.5%
21.8%
32.3%
20.8%
Under 18
18 - 24
25 - 44
45 - 64
65 & Over
25.7%
9.5%
~
22.8%
11.2%
19.8%
5.0%
21.6%
32.5%
21.1 %
~
Employment - Who Works in Port Townsend & What Do They Do?
Port Townsend Paper Company continues to be a major source of nongovernmental
employment for the Jefferson County area. Port Townsend Paper Company employed
over 100 workers in 1992 employing 214 workers in 2004. Admiral Marine Works,
located in the Boat Haven-adjacent to Sims Way, employed 155 workers in marine
manufacturing at its peale in 1993. Seasonally, the I!Jg marine trades provide
approximately more than 400 jobs within the City and its immediate vicinity. Among the
major governmental employers in the City are Jefferson General Hospital (£#
employees 400 employee$), Jefferson County (~280 employees), and the Port
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
8
ADOPTION ORDINANCE
NO. 2879
Townsend School District #50 (180 emvloyees 285 employees, including part-time and
seasonal workers). The City of Port Townsend employs 64 101 people (including
seasonal workers).
SUBSECTION 1.3: The first sentence in the section entitled "Growth
Management Requirements" on page IV-l of the Land Use Element of the Port
Townsend Comprehensive Plan shall be amended to read as follows:
The Washington State Growth Management Act (GMA) requires cities to prepare a land
use element as a chapter of the Comprehensive Plan. This chapter will guide future land
uses for the next 20 years, through the year 2016.
SUBSECTION 1.4: The second and third paragraphs ofthe section entitled
"Port Townsend Urban Growth Area (UGA)" on page IV-2 of the Land Use Element of
the Port Townsend Comprehensive Plan shall be amended to read as follows:
As of the time of this writing (2D02) the city of Port Townsend constitutes the only
formally designated UGA in Jefferson County. Jefferson County is in the process of
conducting studies to determine the feasibility of establishing a UGA for the Irondale and
Hadlock area "lrondale UGA" and has established Glen Cove as a limited area of more
intensive rural development (LAMIRD). The City of Port Townsend is one oftwo UGAs
in east Jefferson County, along with the recently established Port Hadlock UGA. The
Glen Cove area, lying near to the city's corporate limits, has been designated as a limited
area of more intensive rural development, or "LAMIRD" by Jefferson County.
Dufing the 2003/2001 comprehensive plan amendment cycle (7 year update) the city of
Port Townsend should conduct an analysis of vacant commercial, industrial, and
residential lands and determine if additional land is needed for these or other land use
categories in the city. The City will periodically inventory and assess its available supply
of residential, mixed-use, commercial and industrial lands to determine whether
additional land supply is needed. If it is determined that additional land areas are is
needed fef to accommodate projected growth, the city should seek to rezone land within
the existing city limits before identifying areas outside the city limits for expansion of the
city's UGA and potential annexation.
SUBSECTION 1.5: The section entitled "Population Projection" beginning on
page IV-3 of the Land Use Element of the Port Townsend Comprehensive Plan shall be
amended to read as follows:
Under the GMA, all cities and counties must designate sufficient land with appropriate
densities to accommodate the next 20 years of projected population growth. This section
presents the Joint Population Forecast and Allocation for Port Townsend adopted by
mutual agreement between the City and Jefferson County (see City Resolution No. ~6 96
and County Resolution No. 17 96).
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ADOPTION ORDINANCE
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The population projection and allocation was derived from the Population Forecast for
Jefferson County & Port Townsend: Final Report (December, 1991), and Addendum HI
(February, 1995) to the Final Report, prepared fer both the County and City by the
Watterson West Group, Inc. Addendum HI to the Final Report, recommended that a
"Trends with Constraints" projection be used as the population forecast most likely to
occur within the County over the 20 year planning period. This projection method is
based both on past trends in housing development and on considerations of physical and
policy constraints which will likely affect county wide planning areas, including Port
Townsend. Past trends in building activity and growth are not likely to continue after
implementation of the GMA, because more people are likely to live in UGAs (including
Port Townsend), and fewer in rural areas.
In 2003, the County and City selected the intermediate range forecast develop-ed by the
Washington State Office of Financial Management (OFM) for GMA planning purposes.
This forecast anticipates that the population of Jefferson County will grow by 13,840
during the period 2000 to 2024 (i.e., from 26,299 in 2000 to 40,139 by the year 2024).
The County and City have agreed that approximately 70% of this projected growth, or
9,691, should be planned for and accommodated within urban areas, with 360/20 or 4..985~
allocated specifically to the Port Townsend UGA, and 17% each tQ the Tri-Area UQA
and the Port Ludlow master planned resort (MPR).I
Based on the Joint Population Forecast and Allocation, Port Townsend's Comprehensive
Plan has been is designed to accommodate a population of 13,329, or 4,985 additional
residents between2000 and 2024 an additional 5,510 residents over the next 20 years, for
a total population of 13,876 by the year 2016. This projection anticipates that the City's
population will grow by approximately 2.6% per year over the next 2()' years at a
compound annual growth rate of 1.97% over the course of the planning period. This
updated forecast and allocation anticipates a slower growth rate than was projected under
the City's initial GMA Comprehensive Plan in 1996. In fact, the updated allocation
anticipates a sli.ghtly lower population for Port Townsend in the year 2024 than was
projected for the year 2016 under the original GMA Plan. Accordingly, the updated
forecast and allocation sugge~ts that no expansion to the Port Townsend UGA is
currently necessary, and neither is there a need for municipal infrastructure expansions
not anticipated under the 1996 Plan.
Finally, it should be noted that the Joint Regional Population Forecast and Allocation
falls within OFM's official population range for Jefferson County, adopted on December
29, 1995.
SUBSECTION 1.6: The section entitled "Port Townsend Urban Growth Area
(UGA)" beginning on page IV-27 ofthe Land Use Element ofthe Port Townsend
Comprehensive Plan shall be amended to read as follows:
Note: In conformance with the GMA (RCW 36.70A.130(3)) and the County-Wide
Planning Policy for Jefferson County, the County and City will review, at least onc~
I See Jefferson County Resolution No. 55-03.
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
NO. 2879
every ten (10) years, its designated UGA. In conjunction with Jefferson County's review
of its UGAs (i.e., both incorporated and uninco1J>orated), the City will review the
densities permitted within the Port Townsend UGA., the densities permitted within its
boundaries, and the extent to which the urban growth occurring within the County has
located within the City and its UGA. Ifnecessary.1 the plans of the County and City will
be revised to accommodate the urban growth projected to occur for the succeeding
twenty-year period are coordinating their planning efforts to collect and analyze data, and
determine an appropriate UGA boundary on an on going basis. Jefferson County is also
reviewing the possibility of establishing other UGAs or limited areas of more intensive
rural development (LAMIRD) in Jefferson-County. However, at the time of this writing,
the city of Port Townsend does not support extending a UGA to encompass
unincorporated lands adjacent to Port Townsend nor, does it support a stand alone Glen
Cove UGA. Additional analysis of the city's vacant lands inventory and growth
projections shall occur every 7 years beginning with the compreheRsive plan update in
2003/200'1. The recently reviserl and updated Joint Population Forecast and Allocation
predicts that the city's population will reach 13,329 by the year 2024,547 less than was
projected under the original 1996 Port Townsend Comprehensive Plan for the year 2016
(i.e., 13,876). Accordingly, no expansion of the City's UGA is needed to accommodate
the urban growth allocated to Port Townsend through the year 2024. At the time of this
writing the city limits of Port Townsend constitute the city's UGA boundary, and the city
does not support extending the UGA to encompass unincorporated lands adjacent to Port
Townsend nor does it support a stand alone Glen Cove UGA.
SUBSECTION 1.7: The first paragraph of the section entitled "Policy Direction
on Arterial, Major Collector & S.R. 20 Needs" beginning on page VI-4 of the
Transportation Element ofthe Port Townsend Comprehensive Plan shall be amended to
read as follows:
Because of the relatively large increase in population projected for the City of Port
Townsend between 1996 and 2016 2000 and 2024 (i.e., ~ ~ additional residents),
several new roadways and arterials may be needed (see the Draft Arterial Street Plan
contained in Appendix 5 to the Draft Port Townsend Comprehensive Plan and Draft
Environmental Impact Statement issued on January 10, 1996.
SUBSECTION 1.8: The first paragraph ofthe section entitled "Quality of Life"
beginning on page VII-2 ofthe Capital Facilities & Utilities Element of the Port
Townsend Comprehensive Plan shall be amended to read as follows:
Capital facilities and utilities directly affect a community's quality of life. Determining
the appropriate type, location and amount of public facilities and utilities is a key
component of the Comprehensive Plan. These facilities will significantly influence the
community's growth between now and 2016 over the life of the plan.
SUBSECTION 1.9: The first sentence under the subsection entitled "Goal # 1 -
Urban Growth" on page XI-l of the GMA & CWPP Consistency Chapter ofthe Port
Townsend Comprehensive Plan shall be amended to read as follows:
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7, 2005
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ADOPTION ORDINANCE
NO. 2879
+he Chapter IV - "The Land Use Element" and the Future Land Use Map establish land
use designations and densities sufficient to accommodate the population growth expected
to occur over the next 20 years (i.e., 5,510 additional residents by 201-6).
SUBSECTION 1.10: The last sentence under the subsection entitled "Goal #5 -
Economic Development" beginning on page IX-2 ofthe GMA & CWPP Consistency
Chapter of the Port Townsend Comprehensive Plan shall be amended to read as follows:
The overall goal of the Plan is to facilitate the provision of at least 2,700 more "family
wage" jobs during the 20 year planning horizon by the year 2016.
SUBSECTION 1.11: The paragraph under the section entitled "Policy # I -
Policy to Implement RCW 36.70A.110 - Urban Growth Areas" on page IX-6 of the GMA
& CWPP Consistency Chapter ofthe Port Townsend Comprehensive Plan shall be
amended to read as follows:
By mutual agreement, the County and City have prepared and adopted a Joint Population
Forecast and Allocation for use in Growth Management planning. The land capacity
analysis conducted for the Plan concluded that Port Townsend's current corporate limits
contain enough undeveloped land suitable for residential uses to accommodate 100% of
the population al1ocated to the City under the adopted population forecast (i.e., 5,510).
Port Townsend contains enough vacant residential land to accommodate the projected 20
year population increase. A shortage of land served with adequate infrastructure aÐà
æned for commercial and manufacturing development still exists within the City limits.
During the 20031200-1 7 year comprehensive plan update the City shall conduct a vacant
land~ inventory and review growth projections for commercial and manufacturing
development. The City should seek to rezone land within the City limits before seeking
to expand into unincorporated Jefferson County.
SUBSECTION 1.12: The first paragraph under the section entitled "Policy #2 -
Policy on the Promotion of Contiguous and Orderly Development and the Provision of
Urban Services to Such Development" on page IX-6 of the GMA & CWPP Consistency
Chapter of the Port Townsend Comprehensive Plan shall be amended to read as follows:
Consistent with this policy";"~ Chapter VII - "The Capital Facilities & Utilities Element,"
ensures the provision of the full range of urban governmental services within the UGA
(i.e., water wastewater, piped fire flow, stormwater, transportation facilities) at the City's
adopted level of service standards. The Capital Facilities & Utilities Element would
require that new development:
. Meet the adopted level of service standards for water, wastewater, stormwater,
and transportation facilities as a condition of project approval; and
. Contribute a proportionate share towards the construction of new capital
improvements. Policies within the Capital Facilities & Utilities Element require
the design capacity for most capital facilities to be based on the total population
projected for the UGA at the end ofthe 20;,year planning period (i.e., 13,876): a
12
Ordinance 2879
50;;:year population projection or ultimate build-out I to be used for water,
wastewater and stormwater facilities.
SECTION 2: ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND
COMPREHENSIVE PLAN RELATING TO THE TREATMENT OF GROUP
CARE HOMES: The text of the Port Townsend Comprehensive Plan is hereby
amended to clarify language governing residential structures occupied by persons with
handicaps or children in group care, as set forth in subsections 2.1 and 2.2, below.
SUBSECTION 2.1: Policy 5.4 on page V-6 of the Housing Element ofthe Port
Townsend Comprehensive Plan shall be amended to read as follows:
Policy 5.4:
Consistent with state and federal law, regulate residential structures
occupied by persons with handicaps the same as residential structures
occupied by a family or other unrelated persons. Allow group homes,
shared living residences, accessory dwelling units (ADUs), and similar
housing types which serve special needs populations in all residential
areas-.
SUBSECTION 2.2: A new Policy 5.5 shall be added on page V -6 ofthe
Housing Element of the Port Townsend Comprehensive Plan, which shall read as
fol1ows:
Policy 5.5:
Consistent with state and federal I awl regulate residential structures
occupied by group care for children the same as similar residential
structures occupied b)! families or other unrelated persons.
SECTION 3: ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND
COMPREHENSIVE PLAN TO EXEMPT SR 20 FROM TRANSPORTATION
CONCURRENCY REQUIREMENTS: The text of the Port Townsend
Comprehensive Plan is hereby amended to clearly exempt highways of state-wide
significance from transportation facility concurrency requirements as required under the
GMA, as set forth in subsection 3.1, below.
SUBSECTION 3.1: Policy 8.6 on page VI-24 ofthe Transportation Element of
the Port Townsend Comprehensive Plan shall be amended to read as follows:
Policy 8.6:
If traffic from a proposed development causes degradation of City-owned
roads below the planned road level of service (LOS D), or causes
unacceptable community and environmental impacts, the developer will
be required to adequately mitigate these negative impacts or a
development permit cannot be issued.
SECTION 4: ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND
COMPREHENSIVE PLAN TO REMEDY OBSOLETE LANGUAGE
REGARDING THE CAPITAL IMPROVEMENTS PLAN (CIP): The text of the
COMPREHENSIVE PLAN
AMENDMENTS - FEBRUARY 7,2005
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Port Townsend Comprehensive Plan is hereby amended to describe how the City has
annually updated its 6-year CIP and 6-year Transportation Improvements Program (TIP)
during the annual budget process in order to maintain in compliance with RCW
36.70A.070(3), as set forth in subsection 4.1, below.
SUBSECTION 4.1: Add an explanatory note shall be under the heading entitled
"Capital Improvements" on page VII-22 which shall read as follows:
Note: The remainder of this element contains the City's 6-year Capital Improvements
Plan (CIP) originally adopted in 1996. As part of its budgeting process, the Port
TQwnsend City Council has adopted annual updates to the CIP in order to maintain a
current list of capital projects, project scheduling, and a financing plan that sets forth
sources of funding.
Although the City Council has adopted these successive iterations of the CIP by way of
ordinance, the original CIP has been left unaltered within the text of the Capital Facilities
&- Utilities Element for two basic reasons:
. Leaving the original CIP text and tables provides useful historical context to
readers and shows how capital priorities and funding sources are identified; and
. Physically incorporating.the annually amended text and tables of the CIP within
the body ofthe Comprehensive Plan iJ:; unduly burdensome and costly.
Accordingly, the City's 6-year CIP, as it now exists and as it may hereafter be amended,
shall be considered an integral part of the Port Townsend Comprehensive Plan, and is
made part of and incorporated within this Plan by this referenc.e,
SECTION 5: ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF
THE PORT TOWNSEND COMPREHENSIVE PLAN. Pursuant to the City's
authority under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of
this ordinance, the City Council hereby approves LUP04-021, a site specific, quasi-
judicial, amendment to the Comprehensive Plan Land Use Map, redesignating the
property located at the intersection of Wilson and 22nd Streets from R-II to P/OS, as set
forth in Resolution 04-_, which is marked as EXHIBIT A, attached hereto and by this
reference made a part hereof.
SECTION 6: ADOPTION OF AMENDMENTS TO THE TEXT AND TABLES OF
THE PORT TOWNSEND MUNICIPAL CODE. The text and tables of Title 12,
Streets and Sidewalks, and Title 17, Zoning, ofthe Port Townsend Municipal Code are
hereby amended as set forth in subsections 6.1 through 6.4, below.
SUBSECTION 6.1: Section 12.04.030, "Definitions," of Chapter 12.04,
"Transportation and Rights-of-Way Improvement Standards," shall be amended to read
as follows:
12.04.030
Definitions.
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A. General. The words used in this title shall have the meaning given in this
section. This section on definitions is supplemented by the engineering design standards
manual. The definition of any words or phrases not listed in this section or the
engineering design standards manual which is in question when administering this title
shall be defined from one of the following sources, which shall be used by finding the
desired definition from source number one; if not available there, then source number two
may be used, and so on. The sources are as follows:
1. Any city of Port Townsend resolution, ordinance, code, regulation
or formally adopted comprehensive plan, shoreline master plan or program or
other formally adopted land use plan;
2. Any statute or regulation of the State of Washington;
3. Legal definitions from Washington common law or a law
dictionary;
4. The common dictionary.
B. Specific Definitions.
"Abutting property" includes all property that fronts upon the margin of any
street, right-of-way, alley or other public place.
"ADA" means the Americans with Disabilities Act, P.L. 101-336,42 U.S.C. §
12101, et seq.
"Adjacent to", for the purposes of Chapter 12.26 PTMC, generally means
abutting, but in limited circumstances (such as in the case of arterials or collector streets)
may include lots which are situated nearby, or close to, the improvements.
"Alley" means a public thoroughfare or way having a width of not more than 20
feet which normally affords only a secondary means of access to properties.
"Annual capacity statement," for the purposes of Chapter 12.06 PTMC, means the
~tat~ment issued by the city each year indicating the available caDacity of the
transportation facilities or services covered by transportation concurrency management.
"Approved street" means a public right-of-way accepted and approved, in writing,
by the public works director to be fully developed to city street standards or any
permitted variation.
"Approved traffic study," for the purposes of Chapter 12.06 PTMC, means a
study to estimate and assess traffic demand patterns and quantities and to identify
mitigation measures needed to meet transportation LOS standards, based on the type and
size of a proposed development. An approved traffic study may be required by the city
as part of a complete application.
"BCD director" means the director of the building and community development
department, or his or her designee.
"Benefit area" means that area which includes parcels of real estate adjacent to the
improvements that would require similar street improvements as a condition of
development.
"Bicycle lane" means a clearly marked lane of travel for bicycles on the side of a
street or roadway, separated from the automobile lanes by painted strips, curbs or buttons.
"Bikeway" means any road, path or way which in some manner is specifically
designated as being open to bicycle travel, regardless of whether such facilities are
designated for the exclusive use of bicycles or are to be shared with other transportation
COMPREHENSIVE PLAN
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modes. Specific types of bikeways are defined in the engineering design standards
manual.
"Capital Facilities & Utilities Element" means the element of the Port Townsend
Comprehensive Plan which evaluates the need for public facilities as identified in the
comprehensive plan elements and as defined in the applicable definition of each public
facility, which estimates the cost of improvements, which analyzes the fiscal capability of
!he local Rovernrnent to finance and construct improvement$. which adopts financial
policies to guide the funding of improvements, and which schedules the funding and
construction of improvements in a manner necessary to ensure that capital improvements
are provided when required based on the needs identified in the comprehensive plan.
"Certificate of transportation concurrency," for the purpQses of Chapter 12,06
PTMC, means the official written statement issued by the city which documents
transportation concurrency approval for a development application.
"Change in use" means a change from one permitted use in the city's zoning code
to another permitted use in the city's zoning code,
"City block" means one city block of approximately 260 feet or less.
"City street standards" means those standards for right-of-way and transportation
system construction and improvement set forth in this chapter and in the city of Port
Townsend "Engineering Design Standards Manual," adopted by reference in PTMC
12.04.040, together with any other requirements for streets provided by other ordinances
of the city.
"Complete application" means the application form and all accompanying
documents, fees and exhibits required of an applicant by the city for development review
purposes, and determined in writing by the city to be sufficient under section 20.01.110
PTMC.
"Concurrency," for the purposes of Chapter 12.06 PTMC.. means the provision for
assuring that tran$portation improvements or strategies to accommodate the impacts of
development are in place at the time of development or that a financial commitment is in
place to complete the improvements or strategies so that the level of service for
trJIDsportation facilities does not fal1 beJow the level of service standards adopted by the
comprehensive plan due to the impacts of new development. Road and highway
improvements are to be provided within a maximum of six years.
"Concurrency approval," for the purposes of Chapter 12.06 PTMC, means the
official determination by the city that a proposed development will not result in the
reduction of the level of service below the standards set forth in the Port Townsend
Comprehensive Plan for transportation facilities and services. Concurrency approval will
be documented in writing by a certificate of concurrency.
"Concurrency determination," for the puropses of Chapter 12.06 PTMC, means a
technical study of the impacts on the applicable transportation facilities or services,
inc1udin.g forecasted level of service of a proposed land use development using current
data and analytical techniques. A comprehensive facility study (e.g., approved traffic
study) may be required of the applicant~ based on the requirements of Chapter 12.06
PTMc.
"Concurrency facilities" means transportation facilities for which concurrency is
required in accordance with the provisions of Chapter 12.06 PTMC. These are city-
owned roads, highways, and transportation facilities.
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"Concurrency management system." means the procedures, forms and processes
used by the city to evaluate proposed development for compliance with the requirements
Chapter 12.06 PTMC.
"Conditions of approval" meansl as they apply to concurrency evaluation, those
conditions necessary to ensure that the proposed development will not cause the
transportation level of service to fall below the standards adopted in the comprehensive
plan. The conditions of approYlll shall be binding upon the approval of any permit
application for which Chapter 12.06 PTMC is applicable.
"Cost of construction", for the purposes of Chapter 12.26 PTMC, means the cost
for design, engineering, permitting, surveying, inspection, labor, materials and
installation necessary to construct or improve a street project which complies with city
standards. If there is a disagreement between the city and the developer about the "cost
of construction" in a particular situation, the determination of the public works director
shall be final.
"Cul-de-sac" means a short street having one end open to traffic and being
terminated at the other end by a vehicular turnaround.
"Dedication" means conveyance of land to the city for street purposes by deed or
some other instrument of conveyance or by dedication on a duly filed and recorded plat
or short plat.
"Developer" means any person, including his/her authorized representative,
proposing to engage or engaging in development of a parcel.
"Developer reimbursement charge", for the purposes of Chapter 12.26 PTMC,
means a reimbursement share to be paid by an owner of property who did not contribute
to the original cost of improvements covered by a latecomer agreement, based on the
benefit to the property from the street project. The term "developer reimbursement
charge" may be used interchangeably with the terms "street latecomer charge" or "street
latecomer fee."
"Development" means (1) construction of a new dwelling unit, mixed use center,
commercial or manufacturing establishment, or other new structure on a vacant lot or
parcel; or (2) a redevelopment or change in the intensity of the use of an existing
structure that creates an appreciable impact on existing infrastructure.
"Development permit" means any land use or environmental permit or license
required from the city for a project action, including but not limited to subdivisions,
planned unit developments, conditional uses, shoreline substantial development permits,
permits or approvals required by the environmentally sensitive area ordinance (Chapter
) 9.05 PTMC)? and site-specific rezones authorized by the Port Townsend Comprehensive
Plan or sub-area plan.
"Director" means the public works director for the public works department of the
city of Port Townsend, or his/her designee, and shall include, without limitation, the city
engineer and the city development review engineer.
"Engineering design standards" shall mean the design and construction standards
for al1 right-of-way and transportation system improvements contained in this title,
PTMC Title 13 and the engineering design standards manual.
"Financial commitment;' for purposes of Chapter 12.06 PTMC, means any form
of binding and enforceable financial obligation which is acceptable to the city, and
provided utilizing a two-tiered approach to meeting obligations for transportation
COMPREHENSIVE PLAN
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concurrency management. The first tier would be made up front prior to project
approval. The second tier would be made at the development approval level, when
required improvements are accepted by the city. Applicability would depend on the
circumstances for the project... providing the city with two financial commitment options
which are flexible instead of one.
"Hammerhead turnaround" means an area at the end of a street that is designed to
provide a fire apparatus turnaround area.
"Impact fee" means the payment of money for a proportional share of the cost of
transportation facilities needed to serve new growth and development; imposed by th~
city upon the development as a condition of issuance of a development permit to mitigate
the impacts of the development of facilities on the city, but not including any permit or
application fee. Payment of impact fees does not ensure that concurrency has been met.
"Improvement method report" shall have the same meaning as defined in PTMC
18.12.090.
"Level-of-service" ("LOS") standards are qualitative measures describing both the
operational conditions within a traffic stream and the perception of these conditions by
motorists and/or passengers, as further described in the city arterial street plan. Each
level of service describes these conditions in objective terms, such as speed, travel time,
or vehicle density (i.e., the number of vehicles per mile). The conditions are also
qualitatively described in terms of a driver's ability to change lanes, to safely make turns
at intersections, and to choose his/her own travel speed. Level of service may also
include a qualitative rating of how wel1 other units of transportation, such as sidewalks,
bikeways, walkways or transit routes meet current or projected demand.
"Level of service (LOS)/transportation" means the relationship between vehicular
traffic volumes, roadway capacity, design standards, road conditions, and definition of
levels of service as specified in the Port Townsend Comprehensive Plan.
"Lot frontage" means the boundary of a lot which is along an existing or
dedicated public street or, where no public street exists, along a private road, easement or
access way. On an interior lot, it is the lot line abutting a street; or, on a pipestem (flag)
lot, it is the interior lot line most parallel to and nearest the street from which access is
obtained. On a corner lot the lot frontage shall be propose by the property owner, subject
to review and approval by the public works director.
"Lot, pipestem" is synonymous with "flag lot" and means a lot not meeting
minimum frontage requirements and where access to the public road is by a narrow
private right-of-way or driveway.
"Maintenance" or "maintain," for the purposes of Chapter 12.12 PTMC, means
the removal and disposal of debris, litter, and vegetation, snow, ice, and mud which tends
to impair use of the right-of-way for public purposes.
"Maintenance agreement" means a duly authorized agreement that requires
private maintenance of a street.
"Nonmotorized" means bicycle, pedestrian or other form of travel not associated
with a motor vehicle.
"Opened street" means a public right-of-way opened for use by motor vehicles
which mayor may not be fully developed to street standards. Opened streets mayor may
not be accepted or maintained by the city.
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"Pathway" means a developed or undeveloped route separated from or adjacent to
the street for pedestrian, bicycle and/or other nonmotorized travel.
~'Peak hour," for the purposes of Chapter 12.06 PTMC-,- means the time period of
highest travel on the city's arterial street system on an average weekday afternoon.
"Peak hour trips," for the purposes of Chapter 12.06 PTMC, means the number of
trips by land use type and land use size which are generated during peak hour as
determined by the Trip Generation Manual of the Institute of Traffic Engineers (ITE), or
other recognized data source.
"Peak hour volume to capaci~ ratio (V /C)," for the purposes of Chapter 12.06
PTMC, means the volume of actual or projected traffic as measured in number of
vehicles per hour in the peak hour divided by the capacity of a roadway or several
roadway segments as measured in number of vehicles per hour.
"Pedestrian" has its ordinary meaning and shall include motorized and
nonrnotorized wheelchairs.
"Person" means any person, firm, partnership, association, corporation,
organization or entity of any kind.
"Property owner", for the purposes of Chapter 12.26 PTMC, means the record
owner, based on the records ofthe Jefferson County assessor, on the day the street
latecomer agreement is signed by the parties.
"Reasonably funded," for the purposes of Chapter 12.06 PTMC, means a project
in the currently adopted six-year transportation improvement program (TIP) or other
project in the Capital Facilities &- Utilities Element of the Comprehensive Plan, for which
funds are in hand, or the city is expected to have sufficient funds secured for construction
within the six-year timeframe of the TIP.
"Right-of-way" means property acquired by or dedicated to the city and available
for use in pedestrian, vehicular or other transportation modes. Right-of-way mayor may
not be accessible for public use, and mayor may not contain an opened street.
"Right-of-way improvements" means the installation of all public facilities
required to improve the streets to city street standards, including grading, pavement,
utilities, curb and gutter, walkways, pathways, sidewalks, bicycle paths and lanes, storm
drainage, street lights, traffic signals, signs and other traffic control devices, landscaping,
cul-de-sacs/hammerheads, street widening, on-street parking, driveways, bikeways, and
other necessary appurtenances.
1. "Improvement," for the purposes of Chapter 12.12 PTMC, means all work
to construct, reconstruct, and repair sidewalks, gutters and curbs along, and driveways
across, sidewalks.
2. "Street improvements" subject to reimbursement under Chapter 12.26
PTMC may include the design, inspection, surveying, acquisition of right-of-way and/or
easements, grading, construction, paving, installation of curbs, streets, gutters, storm
drainage, sidewalks or bike lanes incorporated as part of the street improvements, street
lighting, signs, planting strips, traffic controls, and other similar improvements as
required by the street standards of the city. The term "street improvements" is used
interchangeably with the term "street projects" in Chapter 12.26 PTMc.
"Roadway screenline/ for purposes of Chapter 12.06 PTMC, means an imaginary
line bisecting a travel corridor to assess vehicle travel demand and capacity.
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"Sidewalk" means any ad all pedestrian structures or forms of improvements for
pedestrians included in the space between the street and the margin, as defined by a curb
or the edge oftrave1ed road surface and the line where the public right-of-way meets the
abutting property.
"Significant trees and vegetation" means all trees and vegetation, unless otherwise
exempted, situated within opened or unopened public rights-of-way, as follows: (I) trees
with a diameter of 12 inches or greater measured four feet from the ground; (2) trees with
a diameter of six inches or greater measured four feet from the ground and identified in
the engineering design standards manual as speciallandrnark or unique species; or (3)
any shrubs or other vegetation identified in the engineering design standards manual as
landmark or unique species.
"Street" is intended to be broadly defined, and includes any street, highway,
easement, avenue, alley or other public right-of-way or public grounds intended for
travel, parking or access for vehicles, bicycles or equestrians or any other legitimate
street purpose, whether opened or unopened, platted and partially improved or open but
not improved to the level required by the city. Specific street classifications are defined
in the engineering design standards manual and are generally to be considered as follows:
1. "Local access street" means a public right-of-way used primarily to
provide access to abutting residential properties, and includes any street not designated in
the engineering design standards manual as a collector, minor arterial, or principal arterial
street.
2. "Collector street" means a street that collects traffic from local streets and
connects with minor and major arterials, and includes, but is not limited to, any street
designated as a collector street in the engineering design standards manual.
3. "Minor arterial street" means a street with signals at important
intersections and stop signs on the side streets and that collects and distributes traffic to
and from collector streets, and includes, but is not limited to, any street designated as a
minor arterial street in the engineering design standards manual.
4. "Principal arterial street" shall have the same meaning as "major arterial'
in the comprehensive plan, and means a street with access control, channelized
intersections, restricted parking, and that collects and distributes traffic to and from minor
arterials, and includes, but is not limited to, any street designated as a major arterial street
in the engineering design standards manual. Direct access to a major arterial is usually
restricted to intersecting streets or consolidated commercial or industrial entrances.
"Street development permit" means any permit required under the provisions of
PTMC Titles 12, 13, 17 and 18 for work in the public right-of-way and is used
interchangeably with the terms "street development and utility digging permit" and street
and utility development permit". A street development permit includes a minor activities
permit issued under PTMC 12.04.070.
"Street latecomer agreement" or "assessment reimbursement contract" means a
written agreement, recorded in the Jefferson County auditor's office, between the city, as
approved by the city council and executed by the mayor, and one or more developers
providing both for construction of street projects and for partial reimbursement to the
developer by owner( s) of properties benefited by the improvements if such owner( s)
develop the benefited property within the 15-year term of the agreement.
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"Substandard street" means any street that does not meet the city's engineering
design standards and is not an approved street under this chapter.
"Tiers I, 2, and 3" refer to the city's infrastructure tiering strategy, which is
designed to promote infill and discourage "leap frog" development, as further set forth in
the Port Townsend comprehensive plan (see Chapter VII, pages VII-4 to VII-5). A map
designating the various tiers in accordance with the comprehensive plan is attached as an
exhibit to the engineering design standards manual.
"Transportation demand management" ("TDM") refers to policies and public and
private programs that manage the demand placed on transportation supply. TDM
measures are frequently directed toward increasing the use of transit and car pools.
"Transportation improvement program (TIP)" means a subset of projects
contained in the city's capital improvement program. The TIP is a set of comprehensive
street programs/projects which after a public hearing is annually adopted by the city
council for the purpose of advancing plans for not less than six years as a guide for
carrying out the coordinated transportation/street construction program. The...six-year TIP
contains a small group of capacity projects which will be considered reasonably funded
for determining transportation concurrency and impact fees. The adoption of the six-year
TIP identifies projects for which the city will actively pursue funds so as to implement
the capacity component of the transportation improvement program as practicable with
available resources.
"Transportation system" means the full range of infrastructure provided for all
modes of travel, including motorized and nonmotorized travel.
"Volume to capacity ratio LV/C)" means the volume of actual or projected traffic
as measured in vehicles per hour divided by the capacity of the roadway as measured in
vehicles per hour.
"Walkway" includes any sidewalk, trail, pathway or other form of improvement
designed and intended for use by pedestrians.
"Zoning map" is the official land use map which classifies all land within the city
limits of Port Townsend with one of the land uses.
(Ord. 2578 § 1, 1997).
SUBSECTION 6.2: A new Chapter 12.06, "Transportation Concurrency
Management," shall be added to Title 12, "Streets and Sidewalks" which shall read as
follows (note: though not shown in double-underlining, the entirety of Chapter 12.06 is
new language added to the PTMC):
Chapter 12.06
TRANSPORTATION CONCURRENCY MANAGEMENT
Sections:
12.06.010 Purpose.
12.06.020 Intent.
12.06.030 Definitions.
12.06.040 Applicability.
12.06.050 Exemptions.
12.06.060 Level of service standards.
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12.06.070 Concurrency management process.
12.06.080 Concurrency management appeals.
12.06.090 Certificate of concurrency.
12.06.100 Monitoring concurrency.
12.06.110 Fees.
12.06.120 Other authority.
12.06.130 Severability.
Article I.
General Provisions
12.06.010 Purpose.
The purpose of this chapter is to describe the requirements and procedures for
determining the consistency of proposed development projects with the Transportation
Element of the Port Townsend Comprehensive Plan, including meeting the transportation
concurrency management provisions of the comprehensive plan.
12.06.020 Intent.
This chapter implements RCW 36.70A.070 which requires that cities establish level of
service standards and ensure that level of service standards are met or that funding of
adequate improvements or efforts to reduce the demand for the facilities or services is
assured before new development is approved. The city-owned facilities covered by this
section include roads, highways and transportation facilities.
Article II.
Definitions
12.06.030 Definitions.
The definitions for administering transportation concurrency management are codified
within section 12.04.030, "Definitions," of Chapter 12.04 PTMC, "Transportation and
Rights-of-Way Improvement Standards."
Article III.
Applicability and Standards
12.06.040 Applicability.
This chapter applies to applications for development permits that will create 20 or more
new peak hour trips on any city-owned roadwaylhighway segment (i.e., excluding SR 20)
or intersection.
12.06.050 Exemptions.
The following developments are exempt from the requirements of this chapter:
A. In existing buildings, tenant improvements which do not increase the off-
street parking requirement.
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B. Development that is vested prior to the effective date of the ordinance
codified in this chapter is exempt for the development approval for which vested status is
achieved.
12.06.060 Level of service standards.
A. The level of service standards for roads and transportation facilities shall
be measured in terms of the peak hour volume to capacity ratios (V /C), averaged over the
screenline segments. For roadway screenlines connecting to the SR 20 corridor, the
average V/C shall be no more than - [RESERVED]; for roadway screenlines on all
other roadways, the average V /C shall be no more than - [RESERVED]. The city
does not provide concurrency management for SR 20. Level of service for the SR 20 is
established by the Washington State Department of Transportation.
B. The level of service standards for intersections shall be measured in terms
of the number of signal cycles or elapsed time. Individual movements at each signalized
intersection shall not exceed an average of - [RESERVED] cycle lengths or-
[RESERVED]seconds of delay (whichever is less). Individual movements at
unsignalized intersections shall not exceed an average of - [RESERVED] seconds
of delay.
Article IV.
Transportation Concurrency Management Review
12.06.070 Transportation concurrency management process.
A. The Department of Public Works will administer the transportation
concurrency management system.
B. A transportation concurrency review and determination shall be required
for the issuance of any permit for developments that create 20 or more new peak hour
trips on any roadwaylhighway screenline segment, except as provided by the exceptions.
C. If a development requires more than one development permit, the
transportation concurrency determination shal1 occur prior to the issuance of the first
development permit.
D. A transportation concurrency determination shall be required for a change
in use or modification to an existing building or site if the new use or modification in
combination with the existing use generates impacts as identified in subsection B, above.
For purposes of this chapter, a change in use or modification to an existing building will
be subject to a transportation concurrency determination for the new increase in demand
for the new facilities only. A transportation concurrency determination for a new
increase in demand for facilities or services will be performed at the time a complete
application for the new demand is received by the city.
E. No reservation of transportation capacity will be approved for a change in
use which is otherwise not permitted pursuant to the city's zoning code and official
ZOnIng map.
F. A transportation concurrency determination shall be valid as long as the
development permit to which it applies is valid, and any change to the proposed
development does not change the impact, as measured by the level of service; provided,
that ifthe development has not received a building permit, and the development permit
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does not have an expiration date, then the concurrency determination will be valid for
five years from the approval date ofthe development permit.
G. The impacts of new development will be measured in terms of the
transportation capacity removed or added to the level of service standards defined in
section 12.06.030 of this Chapter and adopted in the Port Townsend Comprehensive
Plan.
H. Any development subject to transportation concurrency review shall be
granted concurrency approval, if, pursuant to this chapter, an adequate level of service
will exist after the development's transportation facility impacts are added to: (1) the sum
of existing transportation facility usage, and (2) the cumulative impacts of all other
development in the city for which development approval or transportation concurrency
approval has been granted but which have not been built or occupied, and (3) the
cumulative demand for new transportation facilities due to developments outside of the
city's boundaries. The capacity of the city's transportation facilities for use in
detennining transportation concurrency shall include the planned capacity of the
transportation projects in the Capital Facilities & Utilities and Transportation Elements of
the Comprehensive Plan and other adopted facility plans which are reasonably funded. .
1. J ftransportation concurrency approval is granted, the city shall reserve the
capacity required for the development at the time ofthe concurrency determination. This
capacity shall not be returned to the system unless and until the application is, for
whatever reason, denied, rejected, invalidated or abandoned; or the city determines that
the reservation of capacity to be rescinded under the provisions of Section 12.06.090
PTMC (certificate of transportation concurrency). Reservation of capacity will only be
granted if the development is determined by the city to have a complete application.
J. If the transportation concurrency determination results in a finding that the
impacts of the proposed development will cause the city's overall transportation facilities
to fall below the adopted standards, the application for concurrency approval shall not be
granted; PROVIDED, that the applicant may accept a single 90-day reservation of
available capacity, and within the same 90-day period, amend the application so that one
or more of the following conditions are met and made conditions of approval:
1. Mitigating measures needed to meet the level of service standards
are identified in an impact study (e.g., approved traffic study), and the project
development provides the financial commitment to guarantee the funding of the
approved mitigating measures and the anticipated completion date of construction
of the mitigating measures. For city-owned roads and transportation facilities, the
completion of construction shal1 not be more than six years from the date of the
development permit approval.
2. The applicant reduces the traffic impacts to achieve an acceptable
level of service by a reduction of the size or intensity of land uses, delay for the
committed facility construction, or phasing the development to match future
facility construction.
3. The applicant reduces the impacts to achieve an acceptable level of
service by scaling the project down, by reducing the demand for new facilities or
by providing ways to utilize facilities that are not at capacity.
The city shal1 provide a written statement of the reason for denying an application under
this section.
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12.06.080 Transportation concurrency management appeals.
Any decision to approve, condition or deny a development proposal based on the
requirements of this chapter may be appealed according to the appeal procedure for the
permit or approval involved in accordance with Chapter 20.01 PTMC and other
regulations which may apply. The city shall reserve any available capacity required by a
development during an appeal.
Article V.
Transportation Concurrency Certification
12.06.090 Certificate of transportation concurrency.
A. A certificate of transportation concurrency shall be issued by the director
for each application that is granted concurrency approval under this chapter.
B. Certificates oftransportation concurrency shall be issued in the order of
their review and approval. The purpose ofthis section is to enable applicants who are
ready for approval to receive a certificate of transportation concurrency, even iftheir
application was submitted after an earlier applicant. It is the city's intent to treat
applications on a "first-come, first-served" basis, but to use this section to avoid delays in
approval of development caused by applicants who are unable to complete the review
process due to their own action (or inaction).
C. Upon issuance of a certificate of transportation concurrency, the director
shall reserve capacity on behalf of the applicant, and indicate the reservation on the
certificate of transportation concurrency.
D. A certificate of transportation concurrency shall be valid for the same
period of time as the development permit; PROVIDED, that concurrency must be
achieved no later than six years from the issuance of the development permit.
E. No development shall be required to obtain more than one certificate of
transportation concurrency, unless the applicant or subsequent owner proposes changes
or modifications to the property location, density, intensity or land use that creates
additional impacts on transportation facilities.
F. A certificate oftransortation concurrency is valid only for a specified
parcel on which the development will be built, and is valid only for subsequent
development permits on the same parcel, and the new owners of the original parcel for
which it was issued. A certificate of transportation concurrency cannot be transferred to
a different parcel, and shall be limited to the uses, densities, and intensities for which it
was originally issued.
G. Upon subdivision of a parcel that has obtained a certificate of
transportation concurrency, the director shall replace the certificate of concurrency by
issuing a separate certificate of transportation concurrency to each subdivided parcel,
assigning to each a pro rata portion of the concurrency capacity rights of the original
certificate. The director may modify such assignment upon petition ofthe owner, or may
reject such petition. Any change of use of such subdivided parcels shall require a new
determination of transportation concurrency.
H. A certificate of transportation concurrency shall expire if the underlying
development permit is revoked by the director.
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I. All development permits that require one or more transportation facilities
to be provided shall condition the issuance of the permit, and any subsequent permit for
the same development, on a financial commitment by the applicant, binding on
subsequent owners, for the completion of such transportation facilities.
Article VI.
Monitoring
12.06.100 Monitoring transportation concurrency.
The city shall monitor the cumulative impacts of new development by taking traffic
counts annually on selected city-owned roads. Monitoring will be documented through
the annual capacity statement. The annual capacity statement will include any
transportation capacity allocated to development which is determined to be exempt under
Section 12.06.05 PTMC.
Article VII.
General Administration
12.06.110 Fees.
The city shall charge a processing fee as set forth in Chapter 3.36 PTMC (Permit,
Application and Appeal Fees) to any individual or entity that requests a transportation
concurrency determination. The processing fee shall be nonrefundable and
nonassignable to any other fees. All such concurrency processing fees are to be paid in
full upon application for concurrency determination.
12.06.120 Other authority.
Nothing in this chapter is intended to limit the city's authority under the State
Environmental Policy Act or any other source.
12.06.130 Severability.
If any section, sentence, clause or phrase of this chapter 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 of this chapter.
SUBSECTION 6.3: A new section 17.12.045 PTMC, "Urban Growth Area
Boundary," shall be added to clarify the limits of the Port Townsend Urban Growth Area
(UGA), as follows (note: though not shown in double-underlining, section 17.12.045 is
new language added to the PTMC):
17.12.045 Urban growth area boundary.
The area within the corporate limits ofthe City of Port Townsend shall constitute
the Port Townsend urban growth area (UGA), unless or until such time as the limits of
the UGA may be expanded in a manner consistent with the requirements of RCW
36. 70A.11O(1). The UGA boundary shall be shown on the map entitled, "Official Zoning
Map, Port Townsend, Washington."
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SUBSECTION 6.4: A new Chapter 17.50 PTMC, "Essential Public Facilities," shall be
added to clarify the process and development requirements for essential public facilities
of statewide or regional significance, as follows (note: though not shown in double-
underlining, Chapter 17.50 is new language added to the PTMC):
Chapter 17.50
ESSENTIAL PUBLIC FACILITIES
Sections:
17.50.010
17.50.020
17.50.030
Purpose.
Applicability.
Requirements.
17.50.010 Purpose.
The purpose of this Chapter is to fulfill the requirements of the Growth Management Act
by accommodating Essential Public Facilities of statewide or regional significance,
including but not limited to airports, state education facilities, state or regional
transportation facilities; prisons, jails and other correctional facilities; secure community
transition íàcilities; and solid waste facilities.
17.50.020 Applicability.
An Essential Public Facility of statewide or regional significance that is classified as a
conditional use within any ofthe use tables ofthis title shall be subject to the
requirements contained in section 17.50.030, below, in addition to other applicable
requirements.
17.50.030 Requirements.
A. Early notification and involvement of affected citizens and jurisdictions
shall be provided as follows: at least 90 days before submitting an application for such a
facility, the prospective applicant shall notify the affected public and jurisdictions of the
general type and nature of the proposal, identify sites under consideration for
accommodating the proposed facility, and identify opportunities to comment on the
proposal. Applications for specific projects shall not be considered complete without
proof of such a published notice in a local newspaper of general circulation.
B. If it will generate substantial traffic as determined by the City Engineer,
such a facility shall be located near a major transportation corridor served or planned to
be served by transit.
C. Inter-jurisdictional agreements shall be developed to mitigate any
disproportionate financial burdens that may fall on the local jurisdiction within which a
facility of statewide or regional nature is located.
D. The proposed project shall comply with all applicable provisions of the
Comprehensive Plan, the siting criteria and process set forth in Policy #4 of the
Countywide Planning Policy for Jefferson County, Title 17 PTMC, and other applicable
provisions of the PTMC, SEP A, and other federal, state and local statute, codes and
ordinances.
E. Applicants for such a facility shall provide an analysis of the alternative
sites considered for the proposed facility. This analysis shall include the following:
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1. A justification of the need for the proposed facility in the proposed
location. The applicant shall demonstrate that less impacting alternatives have
been considered and found not to be feasible.
2. The applicant shall also describe the process used to identify and
evaluate alternative sites.
3. An evaluation of the sites' capability to meet basic siting criteria
for the proposed facility, such as size, physical characteristics, access, and
availability of necessary utilities and support services.
4. The sites' relationship to the service area and the distribution of
other similar public facilities within the service area or jurisdiction, whichever is
larger.
5. A description of the relative environmental, traffic and social
impacts associated with locating the proposed facility at the alternative sites that
meet the applicant's basic siting criteria. The applicant shall also identify
proposed mitigation measures to al1eviate or minimize adverse impacts.
SECTION 7: ADOPTION OF AMENDMENTS TO THE OFFICIAL ZONING
MAP ADOPTED PURSUANT TO TITLE 17. ZONING. SECTION 17.12.030. OF
THE PORT TOWNSEND MUNICIPAL CODE. Pursuant to the City's authority
under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this
ordinance, the City Council hereby approves LUP04-021, a site specific, quasi-judicial,
amendment to the Official Zoning Map, rezoning the property located at the intersection
of Wilson and 22nd Streets from R-II to P/OS, as set forth in Resolution 04-054, which is
marked as EXHIBIT A, attached hereto and by this reference made a part hereof.
SECTION 8: 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 9: PREPARATION 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 Development Services Department staff
and available for public inspection within thirty (30) days of the adoption of this
ordinance.
SECTION 10: CODIFICATION OF AMENDMENTS TO TITLE 12, STREETS
AND SIDEWALKS. AND TITLE 17. ZONING. OF THE PORT TOWNSEND
MUNICIPAL CODE. Copies of a revised Title 12, Streets and Sidewalks, and 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 ofthis
ordinance.
SECTION 11: EFFECTIVE DATE. This ordinance shall take effect and be in force 5
days following its publication in the manner provided by law.
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SECTION 12: SEVERABILITY. In the event anyone or more ofthe 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.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 7th day of February, 2005.
c~,~~~~
Catharine Robinson, Mayor
Attest:
Approved as to Form:
\/-) ,'~ ,--~J- ¡/ ,
All h -L-(iä~ ---f-/) ;;" CtLCL //
Pamela Kolacy, CMC, City Clerlt)
JL~
John P. Watts, City Attorney
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