HomeMy WebLinkAbout2913 Lot Area and Amending Regulations for Lots Affected by Statutory Vacation
ORDINANCE 2913
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 VACATION
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); and
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; and
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 nUll1ber of plats that are currently in the City limits
were platted, while in the County (before apnexation) and are apparently subject to statutory
vacation; and .
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Ordinance 2913
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. Statutory street vacation in 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; and
WHEREAS, increased density that results from statutory vacation was not considered or
planned as part of the adoption of the City c~mprehensive 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. ("The following
categories and land use designations have been used in developing the Land Use Map, and are
described more fully below. Residential Designations: Low density: R-I up to 4 d.u. per acre
(i.e., 10,000 s.f. minimum lot size); medium density: R-II up to 8 d.u. per acre (i.e., 5,000 s.f.
minimum lot size), etc. Comprehensive Plan, Land Use Element, IV- 4.); and
WHEREAS, regulating development and limiting structures in statutorily vacated rights
of way serves to preserve the character of residential neighborhoods planned-for under the City's
comprehensive plan, zoning and development regulations, and avoids a monotony of densely
packed neighborhoods (unlike the comprehensively planned-for development pattern of
residential blocks separated by open areas); and
WHEREAS, regulating development and limiting structures in statutorily vacated rights
of way serves to preserve the "small town character" of Port Townsend. ("The overriding
objective of the [Comprehensive] Plan is to maintain and enhance Port Townsend's' special
character and small town atmosphere." Comprehensive Plan, Introduction, II-4. "The [R-I]
designation accommodates single-family development at densities that maintain and promote the
"small town" character of Port Townsend, while ensuring that the environmental quality
(particularly as it relates to stormwater control) of the area is not adversely impacted." And:
"The R-II designation corresponds closely to those areas of town that are currently platted to 8
lots a block, include few development limitations, and which are in proximity to existing public
facilities and services." (Comprehensive Plan, Land Use Element, IV- 5); and
WHEREAS, the comprehensive plan provided that "higher densities and more creative
site design and development may be allowed through a Planned Unit Development (PUD)
approval," taking into account the site's natural constraints, the character and density of
surrounding areas, and proximity to arterial, and other planning amenities (Comprehensive Plan,
Land Use Element, IV- 6), but makes no provision for increased density resulting from statutory
street vacation; and
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Ordinance 2913
WHEREAS, the City comprehensive plan meets its population allocations under GMA
(RCW 36.70A) and there is no need to provide for increased density under GMA. ("... .Port
Townsend has an abundant supply of land suitable for residential uses, and the City is not likely
to approach build-out within the next 20 years." Comprehensive Plan, Land Use Element, IV-I.);
and
WHEREAS, preserving existing residential land use patterns and preventing
development that is inconsistent with the comprehensive plan serves to protect neighborhood
property values, and maintains neighborhood character from changes that would adversely affect
surrounding properties and surrounding properties' property values;
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.
SECTION 2. Amendment - Setback and Minimum Yard Requirements. 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. Amendment - Lot Area. Section 17.08.040 I through M (Definitions) are
amended to read as follows (strike is deleted, underline is added):
See attached Exhibit A
SECTION 4. Exemption. This ordinance shall not apply to vested permit applications.
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.
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Ordinance 2913
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this seventeenth day of October, 2005.
c~.:2~.,~
Catharine Robinson, Mayor
Attest:
?t:;( -~
John P. Watts, City Attorney
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Ordinance 2913
Exhibit A
1. Section 2. 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 17.08 PTMC; In addition. there shall be a five (5)
foot setback measured the closest edge of a public or private easement for ingress or egress.
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"). Easements include easements evidenced by conveyance. or recorded plat (unless
extinguished by judicial determination and owner provides a copy of title insurance without
any exceptions for easements whether or not of record title).
D. Fences. An owner. who provides the City satisfactory evidence of title to any right of
way vacated by statutory vacation. may erect fences in accordance with the Port Townsend
Municipal Code in the former right of way. Satisfactory evidence of title shall be a policy of
title insurance or other documentation satisfactory to the City Attorney that the owner owns
the property in fee simple with no exceptions or encumbrances for easements. ingress or
egress whether or not of record title.
l:};-~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.
2. Section 3. DENSITY
17.08.040
I through M.
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Exhibit A to Ordinance 2913
"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 2913