HomeMy WebLinkAbout3002 Interim Regulations - Demolition/Alteration of Certain StructuresOrdinance No. 3002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING
ORDINANCE 2985 (AUGUST 4, 2008), RELATING TO LAND USE AND
ZONING, ADOPTING AN IMMEDIATE INTERIM REGULATION ON
THE ACCEPTANCE OF APPLICATIONS FOR DEMOLITION OR
ALTERATION OF CERTAIN STRUCTURES EXCEPT AS ALLOWED
BY THIS ORDINANCE, UNTIL THE CITY FINISHES THE PROCESS
OF CODE REVIEW AND AMENDMENT RELATING TO DEMOLITION
AND ALTERATION OF HISTORIC STRUCTURES, ESTABLISHING SIX
MONTHS AS THE TENTATIVE EFFECTIVE PERIOD, AND
DECLARING AN EMERGENCY NECESSITATING IMMEDIATE
ADOPTION OF INTERIM REGULATIONS
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. Council held ap
public hearing on August 4, 2008 and extended Ordinance 2969 by Ordinance 2985 (Aug. 4,
2008)..
B. The City Council held a public hearing on February 17, 2009, and determines it appropriate to
extend the provisions of Ordinance 2985. The City formed an ad-hoc committee to develop and
recommend strategies to address teardowns in the Historic District and "mega-home"
constructian thraughout the City. The ad hoc committee formed in the fall of 2008, and has met
Oct. 14, 2008, Nov. 18, 2008, December 9, 2008, and Jan. 13, 2009. (A scheduled Feb. 3
meeting had to be postponed and the next meeting is in the process of being re -scheduled.)
Additional time is needed to allow the committee and Planning Commission review to occur and
for the matter of come before the City Council for action.
C. The City Council re-affirms the recitals in Ordinance 2869, as follows:
1. On August 4, 2008, the City Council reviewed the status of policies and procedures
concerning potential demolition of historic structures outside the downtown historic district. In
2004, the City Council approved specific regulations providing that anyone seeking to demolish
an historic commercial building in the downtown had to prove that it wasn't economical to
rehabilitate the building. PTMC 17.30.085.
2. Recently, the City has received several applications for demolition (or partial demolition) of
residences that are in the National Historic Landmark District (NHLD). Other than building
permits, and SEPA, no regulations govern or review the demolition of historic residential
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structures. Without regulations governing demolition of historic structures, demolitions are more
likely to occur.
3. The City Council has previously identified teardowns in the historic district as a priority. (See
list of Goals, Focus Areas, and Strategies, Projects, Initiatives, from "2008 Council Retreat- ls`
Quarter Strategy.")
4. The City Council determines it appropriate to adopt on an interim basis an ordinance that
provides for heightened review before demolition of historic buildings occurs, while the City
Council, a task force, the Planning Commission, and the Historic Preservation Committee,
review the issue and the City Council considers the adoption of historic preservation regulations.
5. Heightened review before demolition of historic buildings occurs is consistent with and
implements, in part, the City comprehensive plan, including Land Use Policy 15.4, which
provides: "Establish historic preservation guidelines in the zoning ordinance to govern
demolition of historic structures and walls more than 50 years old. Ensure that the guidelines
include a map and inventory which identifies all significant historic structures in Port
Townsend."
6. Heightened review is important to prevent the loss of significant historic buildings, where
rehabilitation is feasible and doing so does not deprive the owner of reasonable economic return.
7. Heightened review preserves the architectural and historic fabric of the City, as well as
contributing to economic development. A recent report, "The Economic Benefits of Historic
Preservation in Washington State: Summan~ Report," Prepared for: Washington Department of
Archaeology and Historic Preservation by Matt Dadswell and William B. Beyers (Nov. 2006),
supports the economic benefits to the City from historic preservation.
8. A decision that denies demolition because economically feasible uses exist is not a "taking."
The fact that regulations inay impose costs, or prevent an owner from obtaining the highest return
(for example, by preventing demolition) does not constitute a taking. `°Mere regulation on the
use of land has never constituted a `taking' or a violafion of due process under federal or state
law." Presbytery v. King County, 114 Wn. 2°d 320 (1990). Only if no economically viable return
is available does a "taking'' occur. Under this ordinance, demolition is allowed if no
economically viable return is available, and therefore no taking occurs.
In Buttnickv. Seattle, 105 Wn. 2na 857 (1986), the Washington Supreme Court stated
Seattle's preservation ordinance which required a building owner conducting repairs to replace a
"parapet" in a manner approximating the original design, even though more costly to the owner,
was valid and not a taking. The building owner claimed that the requirement resulted in an
unconstitutional taking of his property. The state Supreme Court ruled that the estimated cost of
replacing the parapet would not be an undue hardship on the building owner, considering the fair
marker value and income producing potential of the building. The court rejected the owner's
claim. Citing the United States Supreme Court in Penn Cent. Transp. Co. v. New York, 438 U.S.
104 (1978), the Washington court stated: "The [U.S. Supreme] Court went on to observe it is
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`not in dispute' that `States and cities may enact land use restrictions or controls to enhance the
quality of life by preserving the chazacter and desirable aesthetic features of a city'."
9. The City Council determines to review the issue of demolition of historic structures, and to
hold public hearings and workshops to obtain testimony and evidence from the public on the
issue. The City Council determines that a task force comprised of a City Councilor, Planning
Commissioner, HPC member, and citizens (including, historic home owners) should 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 stmcture occurs.
10. The City needs additional time to consider properly and carefully the potential effects of
demolition of historic structures, and to allow the processes identified above to provide
recommendations to the City Council.
11. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting
of any new applications for demolition permits that are or may be inconsistent with the City's
comprehensive plan or the outcome of the pending planning effort.
12. 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.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, ORDAINS AS FOLLOWS:
SECTION A. Extension and Reenactment. For the reasons set forth in the Recitals
(above), which are hereby approved, those provisions enacted by Ordinance 2969 (February
19, 2008), and re-enacted by Ordinance 2985 (August 4, 2008) and set forth below, are hereby
re-imposed, re-enacted, extended and continued in existence for six months from the effective
date of this Ordinance or until regulations relating to demolition standards ate adopted by the
City Council, whichever is sooner.
From Ordinance 2869:
Section ] . Interim R~ulation.
The City Council hereby imposes an immediate six-month interim regulation on the acceptance
of permit applications for demolition or partial demolition of certain properties and structures
defined in Section 2. "Demolition" or "partial demolition" has the meaning as provided in
PTMC 17.30.085. All such applications shall be rejected and returned to the applicant.
Provided, Any owner may apply for demolition or partial demolition based on and subject
fo the standards and procedures in Chapter 17.30 PTMC, and in particular section PTMC
17.30.085 Demolition Standards, which are hereby made applicable to demolition or partial
demolition of structures defined in Section 2, except for those portions of Chapter 17.30 PTMC
Page 3 Ordinance 3002 (extends 2985)
which are clearly inapplicable or inconsistent with this Ordinance. (By way of illustration, a
portion of Chapter 17.30 PTMC which would clearly be inapplicable to an application for
demolition of a residence in uptown would be design standards in PTMC 13.30.150 Waterfront
Sub district -Additional design standards.)
Provided further, the standards and procedures in Chapter 17.30 PTMC apply to any
development of property or structures defined in Section 2, except for those portions of Chapter
17.30 PTMC which are clearly inapplicable or inconsistent with this Ordinance.
Section 2. Defined Structures. The following structures are subject to this Ordinance:
1. Structures shown as pivotal, primary or secondary on a map prepared in connection with the
Port Townsend National Historic Landmark District (NHLD) application. The map is attached
as Exhibit A.
2. Structures, whether inside the NHLD or outside the NHLD, that have "historical
significance." Structures have historical significance if the structure is at least 50 years old, and
meets three or more of the following criteria or is less than 50 years old and meets at least five of
the following criteria:
a. Is associated with events that have made a significant contribution to the broad
patterns of national, state, or local history;
b. Embodies distinctive architectural characteristics of a type, period, style, or method of
design or construction, or represents a significant and distinguishable entity whose components
may lack individual distinction;
c. Is an outstanding work of a designer, builder, or architect who has made a substantial
contribution to the art;
d. Exemplifies or reflects special elements of the city's cultural, special, economic.
political, aesthetic, engineering, or architectural history;
e. Is associated with the lives of persons significant in national, state or local history;
f It is the only remaining, or one of the few remaining, structures of a particular style,
building type, design, material, or method of construction;
g. It is a conspicuous visual landmark in the community or neighborhood;
h. It is an important or critical element in establishing or contributing to the continuity or
character of the street, neighborhood or area.
Section 3. Purpose. The purpose of this Ordinance is to allow the City to continue the
process of analyzing the issue of demolition of historic structures without the possibility that
owners will seek to vest applications to demolish historic structures under the existing codes.
The City Council is embarking on a process to determine whether regulations should apply
before demolition of historic structures should occur. Additional time is needed to fully explore
the options available to the City.
Section 4. Duration of Interim ReQUlation. The interim regulations unposed by this
Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City
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holds a public hearing on the interim regulations and adopts findings and conclusions in support
of the interim regulations (as contemplated by Section 5 herein), the interim regulations 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 regulations by ordinance, and termination shall not otherwise be presumed
to have occurred.
Section 5. Public Hearing on Interim Regulations. [Reserved.]
Section 6. 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 ofany other section, sentence,
clause or phrase of this Ordinance.
Section 1. 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 become 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 8. Vested Rights; Development and Re-development. This Ordinance does not
affect any existing vested rights. Those with vested approvals for demolition may proceed with
processing and demolition. Nor does the Ordinance prohibit all demolitions or re-development
of historic structures in the City. The Ordinance specifically allows re development of historic
structures as provided in this Ordinance.
Section 9. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 10. 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 11. 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 ofany permit issued hereunder, he or
she is authorized to enforce the provisions of this chapter.
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B. Chapter 1.20 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 1.20 PTMC,
including any amendments, and including but not limited to, abatement, criminal penalty, and
civil penalty as set forth in Chapter 1.20 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 by law. 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 regular
meeting thereof, held this seventeenth day of February 2009.
c.E~~-C~~ ,~~-~-r~ a,~~-e-
Michelle Sandoval, Mayor
Attest: Approved as to Form:
~ ._,. , z ~-~--~
Pamela Kolacy, MMC John P. Watts
City Clerk City Attorney
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