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HomeMy WebLinkAbout3130 Reenacting and Extending Howard Street and Discovery Zoning Ordinance 3130 Page 1 of 3 ORDINANCE NO. 3130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON RELATED TO INTERIM LAND USE REGULATIONS IN THE VICINITY OF 6TH AND 10TH STREETS AND HOWARD STREET AND DISCOVERY WAY; RE-ENACTING AND EXTENDING ORDINANCES 3116 AND 3111 (WHICH AMEND CHAPTERS 17.18 AND 17.20 OF THE PORT TOWNSEND MUNICIPAL CODE) FOR A SECOND ADDITIONAL SIX-MONTH PERIOD OR UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO ZONING IN THE AFFECTED AREA RECITALS A. The City Council enacted Ordinance 3111 on July 7, 2014, adopting interim standards for the affected area. These interim regulations expired January 8, 2015. B. On September 15, 2014, Council enacted Ordinance 3116. This ordinance amended Ordinance 3111 as it related to office uses in the affected area. It did not extend the effective date of Ordinance 3111. C. On September 18, 2014, the City of Port Townsend was awarded a CERB Planning Grant to conduct an economic feasibility study on the Howard Street Corridor. One of the pre- contract requirements is for the City to have a consultant selected and on contract. The City solicited proposals, and selected E.D. Hovee & Company LLC to conduct the study. The overall strategy with this project is to complete the economic feasibility study and then re-apply to CERB for a Prospective Development grant/loan. Our Prospective Development application would focus on funding construction of stormwater facilities for the corridor. D. On December 8, 2014, the City Council adopted Ordinance 3124. That Ordinance extended the Moratorium until July 8, 2015 or until regulations affecting the area were adopted. Council adopted that ordinance in order to allow the City to receive and integrate the findings into the regulations for this area. E. The City received the Hovee Study on March 23, 2015 at a Joint City Council/Planning Commission Workshop. The study showed that the requirements provided for in the interim regulations for the Howard Street Corridor will prevent non-supportive uses from developing along the corridor. F. Because of the findings in the Hovee Study, and because of the ongoing work on the 2016 periodic Comprehensive Plan update, staff recommends extending the interim regulations to allow the findings in the Hovee study to be integrated into the update process to see if the update process results in changes to the uses in the Howard Street corridor. Ordinance 3130 Page 2 of 3 G. RCW 35A.63.220 relating to Code cities like Port Townsend and 36.70A.390, a section of the Growth Management Act(Ch. 36.70), both authorize the City to adopt interim regulations to preserve the status quo while new plans or regulations are considered and prepared. It also allows interim regulations to be extended for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. NOW,THEREFORE,The City Council of the City of Port Townsend, Washington, do ordain as follows: Section 1. Findings. A. The results of the Hovee Study showed that some of the existing uses and development standards allowed in PTMC Chapter 17 may not provide the economic benefit originally anticipated, and that the interim zoning regulations provide a refined use table to prevent nonsupportive uses from developing along the corridor. B. The City's 2016 Comprehensive Plan periodic update process will incorporate the results of the Hovee study. The update process may result in changes to the comprehensive plan or development regulations that will affect the interim regulations. Changing the interim regulations at this time, only to change them again as part of the periodic update, may result in inconsistent land use regulation in this area. C. In order to provide sufficient time to formulate and implement permanent regulations, the City Council finds that a second six-month extension to the interim regulations adopted by Ordinance 3111 as amended by Ordinance 3116 is necessary. Section 2. Extension and Reenactment. For the reasons set forth in the Recitals (above), which are hereby approved, those provisions enacted by Ordinance 3111, as amended by Ordinance 3116 (September 15, 2014), are hereby re-imposed, re-enacted, extended and continued in existence for an additional six months from the expiration of the extension period set forth in Ordinance 3124 (The extension period currently expires on July 8, 2015; this Ordinance changes the expiration date to January 7, 2016), or until regulations relating to standards for the affected area are adopted by the City Council, whichever is sooner. All other provisions of Ordinance 3111 as amended by Ordinance 3116 shall remain in full force and effect. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be 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 Ordinance. Section 4. Vested Rights; Development and Re-development. This Ordinance does not affect any existing vested rights. Ordinance 3130 Page 3 of 3 Section 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 6. Effective Date. This Ordinance shall take effect and be in full force and effect five days after its publication. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 15th day of June, 2015. David King Mayor Attest: Approved as to Form: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney