HomeMy WebLinkAbout3137 Reenacting and Extending Howard Street and Discovery Interim Regulations Ordinance 3137
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ORDINANCE NO. 3137
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 3130,3124,3116 AND 3111
(WHICH AMEND CHAPTERS 17.18 AND 17.20 OF THE PORT TOWNSEND
MUNICIPAL CODE) FOR A THIRD 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, Council adopted Ordinance 3130 on June 15, 2015,
extending the interim regulations until January 7, 2016 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 3137
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G. Because of the ongoing work on the 2016 Comprehensive Plan periodic update, City staff
recommends an additional extension of the interim regulations to allow the
recommendations of the Hovee Study to be considered as part of the periodic update.
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 third six-month extension to the interim regulations adopted by
Ordinance 3111 as amended by Ordinance 3116 and extended by Ordinances 3124 and 3130 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 3130 (The extension period currently expires on January 7, 2016; this
Ordinance changes the expiration date to July 8, 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.
Ordinance 3137
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Section 4. Vested Rights; Development and Re-development. This Ordinance does not
affect any existing vested rights.
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 16th day of November, 2015.
David King
Mayor
Attest: Approv d to Form:
Joanna Sanders, CMC Steven 1 -br6ss
City Clerk City Attorney