ORDINANCE NO. 701
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE AMENDING UPMC TITLE 19 ZONING – CHAPTER 19.70.130 AND CHAPTER 19.52 TO ALLOW RELIEF FROM THE REQUIREMENTS THAT PROHIBIT DRIVE-THROUGHS BETWEEN BUILDINGS AND ADJACENT STREETS, AND FROM THE DESIGN STANDARDS THAT REQUIRE THAT NEW OR REDEVELOPED BUILDINGS BE ORIENTED AND BUILT TO THE SIDEWALK
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 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 August 21, 2017 the City Council adopted Resolution 848 requesting that the Planning Commission provide recommendations regarding amending UPMC Section 19.70.130 Drive Through and Drive Up standards and UPMC Chapter 19.52 UPMC Community Commercial Zone Design Standards to allow relief from the requirements that prohibit drive-through between buildings adjacent streets, and from the design standards that require that new or redeveloped buildings be oriented and built to the sidewalk in circumstances where significant grade differences make those standards financially infeasible and commercially unreasonable; and
WHEREAS, the Planning Commission held public meetings on February 7 and February 21, 2018 to study proposed amendments; and
WHEREAS, the City published a Notice of Hearing in the Tacoma News Tribune on February 23, 2018 for a public hearing by the City Planning Commission on March 7, 2018 regarding the proposed amendments; and
WHEREAS, the City Planning Commission conducted the public hearing on March 7, 2018 to consider written and oral public comments on the proposed development regulation amendments; and
WHEREAS, on March 7, 2018 the Planning Commission adopted Resolution 2018-0001 recommending the proposed amendments to the City Council; and
WHEREAS, the City issued a SEPA Determination of Non-significance pertaining to proposed development regulation amendments on March 2, 2018 with a 14-day comment period; and
WHEREAS, the City submitted a Notice of Intent to Adopt to the Washington State Department of Commerce on March 2, 2018, which was issued to state agencies for a 14-day comment period as required pursuant to RCW 36A.70 RCW, and had not received any formal comments in response to the Notice prior to the close of the public hearing on this matter; and
WHEREAS, on April 16, 2018 the City Council held a study session to review the recommended amendments; 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 proposed amendments:
1. The proposed amendments will ensure consistency with University Place Comprehensive Plan goals, objectives and policies by promoting economic development in the Regional Growth Center, providing flexibility in development regulations to promote efficient use of land, encouraging the expansion of existing business, and providing design standards that require pedestrian connections to promote walkability in the Town Center District; and
2. The proposed amendments are in the best interest of the citizens and property owners of the City. The proposed amendments allow flexibility in design when there is a significant grade difference between buildings and adjacent streets, to allow alternative means of pedestrian access and circulation; and
3. The proposed amendments enhance the public health, safety, comfort, convenience or general welfare by providing a safer route of pedestrian traffic and circulation through parking areas and vehicular traffic associated with drive-through and drive up uses when grade separations do not allow reasonable direct pedestrian access;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. University Place Municipal Code Chapter 19.70.130 Drive Through and Drive Up Facilities Amended. The City of University Place Municipal Code Chapter 19.70.130 Drive Through and Drive Up facilities is hereby amended as set forth in Exhibit “A” attached.
Section 2. University Place Municipal Code Chapter 19.52. Community Commercial Design Standards and Guidelines Amended. The City of University Place Municipal Code Chapter 19.52 Community Commercial Design Standards and Guidelines are hereby amended as set forth in Exhibit “B” attached.
Section 3. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.
Section 4. Effective Date. Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary.
PASSED BY THE CITY COUNCIL ON MAY 7, 2018.
Kent Keel, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney
Date of Publication: 05/09/18
Effective Date: 05/14/18