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HomeMy WebLinkAbout2987 Interim Regulations - National Historic Landmark District ZoningORDINANCE N0.2987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING, AND RE-ENACTING AND EXTENDING ORDINANCE 2971 ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION RE-DESIGNATING R-III ZONING WITHIN THE NATIONAL HISTORIC LANDMARK DISTRICT TO R-II UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO ZONING IN THE HISTORIC DISTRICT, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING 5IX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF A INTERIM REGULATION. RECITALS A. The City Council adopted Ordinance 2969 on February 19, 2008 amending the Port Townsend Municipal Code Chapter 17.30, historic overlay district -design review, section 17.30.085, demolition standards to provide added review before demolition of an historic structure occurs, and held a public hearing on the Ordinance on April 7, 2008. B. The City Council held a public hearing on August 4, 2008, and determines it appropriate to extend the provisions of Ordinance 2969. The City is in the process of forming an ad-hoc committee to develop and recommend strategies to address teardowns in the Historic District and "mega-home" construction throughout the City. Final submittal date for applications for the 2 community member positions was July 16, and appointments are set to occur. Staff has been preparing background materials to support the Committee and needs more time to do so. The anticipated recommendation to Council is estimated to be in October/November, 2008.. C. The City Council re-affirms the recitals in Ordinance 2871, as follows: ] . On February 11; 2008, the City Council reviewed the status ofpolicies and procedures concerning potential demolition of historic structures outside the downtown historic district, and also the related issue of demolition of existing houses and their replacement with significantly larger houses that can "max out" available bulk and size to an extent that may be seen as incompatible with the existing "look and feel" of the neighborhood. 2. The City Council determines to review the issue of R-III zoning in the Historic District, and to hold public hearings and workshops to obtain testimony and evidence from the public on the issue of building sizes. Page 1 Ordinance2987 (extends 2971) 3. The City Council determines that a task force comprised of a City Councilor, Planning Commissioner, HPC member, and citizens (including, historic home owners), to be formed to advise the City Council and Planning Commission and HPC on historic preservation issues and the appropriateness of review before demolition of an historic structure occurs, and tasked with the issue of building size, should also review the appropriateness of R-III zoning and its impact on historic preservation. 4. While review is underway, the City Council determines that the issue of R-III zoning should be addressed while an interim regulation is in place, to prevent any property owners from submitting applications for development or re-development under the existing codes, except as provided by this Ordinance. 6. The City Council mac adopt an immediate interim regulation for a period of up to six months on the acceptance of certain development permit applications as long as the City Council holds a public hearing on the proposed interim regulation within sixty days after adoption (RCW 35A.63.220, RCW 36.70A.390). 7. The City desires to impose an immediate six-month interim regulation on the acceptance of applications for building permits as defined in the Port Townsend Municipal Code Section for building in any R-III zoning district, based on R-III zoning or development regulations, and further to re-designate R-III zoning in the Historic District to R-II on an interim basis. 8. The City needs additional time to consider properly and carefully an Ordinance on the appropriateness of R-III zoning in the Historic District, and to allow the processes identified above to provide recommendations to the City Council. 9. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting of any new applications for building permits in the R-III zoning districts or land divisions based on R-III zoning in the Historic District that are or may be inconsistent with the outcome of the pending planning effort. 10. 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), authorizes the City to adopt interim regulations to preserve the status quo while new plans or regulations are considered and prepared. THE CITY COUNCIL OF THE C[TY OF PORT TOWNSEND, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. Purpose. The purpose of this interim regulation is to allow the City to continue the process of analyzing the issue of the appropriateness of R-III zoning in the Historic District and its impact on historic preservation without the possibility that developers will submit applications for land division or development under the existing codes. The City Council is currently engaged in a process to determine the appropriateness of R-III zoning in the Historic District and its impact on historic preservation. Additional time is needed to fully explore the options available to the City. Page 2 Ordinance2987 (extends 2971) Section 2. Interim Regulation. The City Council hereby imposes an immediate six- month interim regulation as follows: All property zoned R-III in the Historic Overlay District defined in Chapter 17.30 PTMC is hereby rezoned to R-II. Within the Historic Overlay District, no applications for development or land division based on R-lII zoning or development regulations shall be accepted. Within the Historic Overlay District, any land division, and the construction, changing, altering, modifying, remodeling of any structure of any residentially zoned property shall conform to the requirements and regulations of R-II zoning and development regulations. Section 3. Duration of Interim regulation. The interim regulation imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulation and adopts findings and conclusions in support of the interim regulation (as contemplated by Section 4 herein), the interim regulation shall not terminate until six (6) months after the date of adoption, or at the time all of the tasks described herein have been accomplished, whichever is sooner. The Council shall make the decision to terminate the interim regulation by ordinance, and termination shall not otherwise be presumed to have occurred. Section 4. Public Hearing on Interim Re¢ulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on these interim regulations within sixty (60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of these interim regulations and either justify its continued imposition or cancel the interim regulations. Section 5. Severabilitv. If any section, sentence, clause or please 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 6. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council. Without immediate interim regulations on the City's acceptance of applications for demolition of historic structures as set forth in this Ordinance, such applications could became vested, leading to demolitions that could be incompatible with the codes eventually adopted by the City. Therefore, the interim regulations must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. Section 7. Vested Rights; Development and Re-development. This Ordinance does not affect any existing vested rights. Those with vested approvals may proceed with processing and permits under R-III zoning. Page 3 Ordinancel987 (emends 297!) Section 8. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 9. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 7, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. Section 10. Penalty A. Director's Authority. Whenever the Development Services Director or his or her designee (`director") determines that a condition exists in violation of this ordinance or any standard required to be adhered to by this ordinance, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 1.T2Q_.'r-t'~ PTMC Applicable. All violations of any provision of this ordinance or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1?0 2n. i n PTMC, including any amendments, and including but not limited to, abatement, criminal penalty, and civil penalty as set forth in Chapter 7.20 ?(3-1-0 PTMC, which are incorporated by reference as if set forth herein. SECTION B. Severability. If any sentence, clause or phrase of this ordinance should 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 or work of this ordinance. SECTION C. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council, and this ordinance shall thereby be designated as a public emergency ordinance necessary for the protection of the public health, safety, property and welfare. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided bylaw. Publication of this ordinance shall be by summary thereof consisting of the title. Adopted by the City Council of the City of Port Townsend, Washington, at a regulaz meeting thereof. held this fourth day of August 2008. Michelle Sandoval, Mayor Attest: _ ~ ^ ~° Pamela Kolacy, MMC, City Cl Approved as to Form: John P. Watts, City Attorney Page 4 Ordinance2987 (extends 2971)