ORDINANCE NO. 662
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING TITLE 19 ZONING, TITLE 17 CRITICAL AREAS, TITLE 4 REVENUE AND FINANCE, TITLE 5 BUSINESS LICENSES AND REGULATIONS, TITLE 9 PUBLIC SAFETY, TITLE 13 PUBLIC WORKS CODE, TITLE 14 BUILDING AND CONSTRUCTION, AND TITLE 21 SUBDIVISION REGULATIONS OF THE UNIVERSITY PLACE MUNICIPAL CODE, AND AMENDING THE ZONING MAP ESTABLISHED PURSUANT TO UPMC SECTION 19.20.050, CONSISTENT WITH PERIODIC UPDATE REQUIREMENTS IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT, RCW 36.70A 130(5)(a)
WHEREAS, in enacting the Growth Management Act (Chapter 36.70A RCW, hereafter GMA) the Legislature found that "uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state"; and
WHEREAS, the GMA requires that local governments meeting certain criteria, including the City of University Place, adopt development regulations to guide development subject to state regulations, multi-county and countywide planning policies, and comprehensive plan goals and policies; and
WHEREAS, the Puget Sound Regional Council authored a regional planning document entitled VISION 2040, which contains a regional growth strategy and multi-county planning policies for the central Puget Sound area, including Pierce County; and
WHEREAS, the Pierce County Regional Council, which includes the City of University Place, has approved the Pierce County Countywide Planning Policies to further coordinate local planning; and;
WHEREAS, the City Council established and appointed the Planning Commission to advise the City Council on the following topics: growth management; general land use and transportation planning; long range capital improvement plans; and other matters as directed by the City Council; and
WHEREAS, the Planning Commission is charged with holding hearings on and preparing development regulations for the City and making recommendations to the City Council on amendments to these regulations; and
WHEREAS, the City is required to periodically review and update its development regulations, as needed, to ensure consistency with the Growth Management Act, VISION 2040, the Pierce County Countywide Planning Policies, and the University Place Comprehensive Plan; and
WHEREAS, on February 28, 2014 the City Council adopted Resolution 746 establishing a public participation program for the development regulation update in accordance with RCW 36.70A.035 and 140 that included public notification, Planning Commission and City Council study sessions and public hearings, and other public outreach components; and
WHEREAS, the University Place Planning Commission and City staff initiated the review and update process in 2014 by considering amendments to the GMA that have occurred since 2003, reviewing the multicounty and countywide planning policies, broadly-disseminating a public participation plan, and holding numerous public meetings in 2015 to formulate a set of draft Comprehensive Plan amendments dated June 30, 2015; and
WHEREAS, the City submitted a Notice of Intent to Adopt to the Washington State Department of Commerce on June 29, 2015, which was issued to state agencies for a 60-day comment period ending August 28, 2015 as required pursuant to RCW 36A.70 RCW; and
WHEREAS, the City issued a SEPA Determination of Non-significance/Incorporation by Reference of Environmental Documents/Adoption of Existing Document/Addendum to Existing Environmental Document pertaining to draft development regulation amendments on June 30, 2015 with a 14-day comment period, and no adverse comments were received; and
WHEREAS, the City published a public hearing notice in the Tacoma News Tribune on June 20, 2015 regarding a July 1, 2015 Planning Commission public hearing to be held on the draft development regulation amendments; and
WHEREAS, the Planning Commission conducted a public hearing on July 1, 2015 to consider written and oral public comments on the draft development regulation amendments and continued its deliberations on the draft amendments to its July 23, August 5, and August 19, 2015 meetings; and
WHEREAS, on August 19, 2015 the Planning Commission considered the approval criteria listed in UPMC 19.90.030 and voted unanimously to recommend to the City Council approval of the June 30, 2015 draft development regulation amendments with revisions; and
WHEREAS, the City Council reviewed the recommended draft development regulation amendments at a public meeting study session on October 5, 2015; and
WHEREAS, certain zoning density provisions in Title 19 UPMC were subsequently edited to ensure consistency with revised Comprehensive Plan density provisions, and additional amendments were incorporated to replace the term “fire marshal” with “fire code official” in Titles 5, 9, 13 and 21 UPMC; and
WHEREAS, the City Council conducted a public review of the revised draft development regulation amendments on November 16, 2015; and
WHEREAS, the City Council has considered the approval criteria listed in UPMC 19.90.030 and adopted the following findings in support of the draft development regulation amendments:
1. The proposed amendments are consistent with the goals, objectives and policies of the Comprehensive Plan as amended in 2015. They reflect, and respond to, changes that have occurred in University Place since incorporation in 1996;
2. The proposed amendments are in the best interest of the citizens and property owners of the City as the amended regulations will more carefully direct growth and manage change in the community in a manner consistent with community aspirations;
3. The proposed amendments enhance the public health, safety, comfort, convenience or general welfare by refining development regulations that will more effectively implement Comprehensive Plan objectives and directives supported by the community;
4. The proposed amendments to the zoning map are consistent with the scope and purpose of UPMC Title 19 and the description and purpose of the zone classifications described therein;
5. There are sufficient changed conditions since the previous zoning became effective, including PSRC designation of a Regional Center within University Place, to warrant the proposed amendments to the zoning map;
6. The proposed amendments to the zoning map will not be materially detrimental to uses in the vicinity in which the subject properties are located as the amendments are largely zoning classification name changes and will not significantly redirect the type or intensity of development in ways that will prove to be incompatible with surrounding properties; and
7. The proposed amendments respond to Periodic Update requirements and will ensure consistency with the University Place Comprehensive Plan, the Growth Management Act Chapter 36.70A RCW, the Puget Sound Regional Council VISION 2040 Growth Strategy, and the Pierce County Countywide Planning Policies.
WHEREAS, the City Council has taken separate action to approve amendments to the City’s Comprehensive Plan pursuant to Ordinance No. 661, thereby completing the periodic review and revision required by RCW 36.70A.130;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. University Place Municipal Title 19 Zoning, Title 17 Critical Areas, Title 4 Revenue and Finance, Title 5 Business Licenses and Regulations, Title 9 Public Safety, Title 13 Public Works Code, Title 14 Building and Construction, and Title 21 Subdivision Regulations Amendments Adopted. The City of University Place Municipal Code is hereby amended as indicated in Exhibit “A” attached.
Section 2. University Place Zoning Map Amendments Adopted. The University Place Zoning Map, established pursuant to UPMC Section 19.20.050, is hereby amended as shown on Exhibit “B” attached.
Section 3. Severability. If any section, sentence, clause or phrase of this Title shall 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 Title.
Section 4. Publication and Effective Date. A summary of this ordinance, consisting of its title, shall be published in the official newspaper of the City. This ordinance shall be effective five (5) days after its publication.
PASSED BY THE CITY COUNCIL ON NOVEMBER 16, 2015.
Denise McCluskey, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Publication Date: 11/18/15
Effective Date: 11/23/15