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HomeMy WebLinkAbout3004 Interim Regulations - National Historic Landmark District ZoningORDINANCE N0.3004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING ORDINANCE 2987 (AUGUST 4, 2008) RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE 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, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF A INTERIM REGULATION. RECITALS A. The City Council adopted Ordinance 2971 on February 19, 2008 relating to historic overlay district, and held a public hearing on the Ordinance on April 7, 2008, and modified Ordinance 2969. Council held a public hearing on August 4, 2008, and extended Ordinance 2971 by 2987 (August 4, 2008). B. The City Council held a public hearing on February 17, 2009, and determines it appropriate to extend the provisions of Ordinance 2987. The City formed an ad-hoc committee to develop and recommend strategies to address teardowns in the Historic District and "mega-home'' construction throughout 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 2871, as follows 1. On February 11, 2008, the City Council reviewed the status of policies 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. 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 Page 1 Ordinance 3004 (extends 2971) 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 exisfing codes, except as provided by this Ordinance. 5. The City Council may adopt an immediate interim regulation fox 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). 6. 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. 7. 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. 8. 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. 9. 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 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 2971 (February 19, 2008), and re-enacted by Ordinance 2987 (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 are adopted by the City Council, whichever is sooner. Section 1. Pumose. 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 Page 2 Ordinance 3004 (extends 2971) District and its impact on historic preservation. Additional time is needed to fully explore the options available to the City. Section 2. Interim Reeulafion. 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-III 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 re ulg ation. 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 adopfion, 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 presmned to have occurred. Section 4. Public Hearing on Interim Reeulations. [Reserved] Section 5. 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 6. Declaration of Emer eg ncy. 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 7. Vested Riehts: 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 Ordinance 3004 (extends 2971) Section 8. Publication. This Ordinance shall be published by an approved smmmary 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 condifion 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 1.20 PTMC Applicable. All violations of any provision of this ordinance or incorporated standazds, 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 necessazy 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. ~~ , ~~-~.~ ,9 aY~~ Michelle Sandoval, Mayor Attest: ~ ~ /' Pamela Kolacy, MMG, City Cl ' k Approved as to Form: ~~,~_ , . ~t~-~ John P. Watts, City Attorney Page ~ Ordinance 3004 (extends 2971)