ORDINANCE NO. 682
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, APPROVING A ZONING TEXT AMENDMENT PERTAINING TO RESIDENTIAL USES IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT
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 developing a comprehensive plan for the City and making recommendations to the City Council on amendments to the comprehensive plan, the zoning code and map, and other development regulations of the City; and
WHEREAS, on January 9, 2017, Fred Axe submitted a Zoning Text Amendment to modify UPMC Section 19.25.110 Use Tables by adding single-family/duplex housing as a permitted use in the Neighborhood Commercial zone, subject to limitations in a new Table Note 28; and
WHEREAS, the Planning Commission held a study session on February 1, 2017 to review the proposed amendment and identify issues that might require further analysis or consideration by the applicant or staff; and
WHEREAS, the City submitted a Notice of Intent to Adopt Amendment to the Washington State Department of Commerce on February 2, 2017, which was issued to state agencies for a 60-day comment period, as required pursuant to RCW 36A.70 RCW, and did not receive any formal comments in response to this Notice; and
WHEREAS, the City issued a SEPA Determination of Non-significance pertaining to the proposed text amendment on February 3, 2017 with a 14-day comment period, and no adverse comments were received; and
WHEREAS, on February 3, 2017 the City published a public hearing notice in the Tacoma News Tribune regarding a March 1, 2017 public hearing to be held on the proposed amendment; and
WHEREAS, the Planning Commission conducted a public hearing on March 1, 2017 to consider written and oral public comments on the proposed zoning text amendment; and
WHEREAS, the Planning Commission, having considered public comment and the approval criteria listed in UPMC 19.90.030.E, voted unanimously on March 1, 2017 to recommend to the City Council approval of the zoning text amendment pursuant to Planning Commission Resolution No. 2017-01; and
WHEREAS, the City Council conducted a public review of the recommended zoning text amendment at a study session held on April 3, 2017; and
WHEREAS, the City Council has considered the Planning Commission’s findings and conclusions contained in Planning Commission Resolution No. 2017-01 and the approval criteria listed in UPMC 19.90.030.E; and
WHEREAS, the City Council has made the followings findings and conclusions:
1. The proposed text amendment is consistent with, and supports, the following comprehensive plan goals and policies:
Achieve a mix of housing types in which people of a wide range of incomes, ages and needs can live, and guide new housing into appropriate areas while maintaining and enhancing the special qualities and character of existing residential neighborhoods.
Promote attractive, friendly, safe, quiet and diverse residential neighborhoods throughout the City, including low- and moderate-density single family neighborhoods and moderately high-density residential neighborhoods.
Preserve and enhance the unique character of existing single family neighborhoods.
Ensure that future growth and development protect and enhance the City’s quality of life and character, and are compatible with existing community fabric.
2. The proposed amendment would change the status of approximately 20 existing detached single-family dwellings located within the NC-zoned area centered on Bridgeport Way and 27th Street -- from nonconforming uses to conforming uses. This would eliminate the negative connotations and potential limitations associated with existing single-family dwellings that currently are classified as nonconforming uses and regulated under UPMC 19.80.040. In the case of the applicant’s property, the proposed amendment would allow the applicant to reconvert his former home and current office space to a single-family dwelling – consistent with how the other properties on Louise Street are currently developed. The proposed text amendment would not constrain future conversions of residential properties to commercial use which had been anticipated and envisioned with the adoption of the NC zone. It would, however, support the continuation of residential use in this neighborhood to the extent the market supports such use over commercial uses.
3. The proposed text amendment will support the conversion of a structure, originally constructed as a detached single-family dwelling and subsequently converted to professional office space, back to a detached single-family dwelling. This action would restore the historic use of the structure and property so as to be consistent with the prevailing land use and development pattern of the surrounding residential neighborhood. The amendment would not detract from, or compromise, the public health, safety, comfort, convenience, or general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. University Place Municipal Code Title 19 Zoning Chapter 19.25 Use and Zone Classification Tables Amendments Adopted. The City of University Municipal Code is hereby amended as indicated in Exhibit “A” attached.
Section 2. 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 3. 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 APRIL 17, 2017.
Javier H. Figueroa, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 04/24/17