HomeMy WebLinkAbout3003 Interim Regulations - Land Use/Zoning DevelopmentORDINANCE N0.3003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING
ORDINANCE 2986 (AUGUST 4, 2008) RELATING TO LAND USE AND
ZONING, ADOPTING AN IMMEDIATE INTERIM REGULATION ON
THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT
OR CERTAIN TYPES OF RE-DEVELOPMENT WITHIN THE CITY
UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND
AMENDMENT RELATING TO BUILDING SIZE LIMITATIONS,
ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE
PERIOD, AND DECLARING AN EMERGENCY NECESSITATING
IMMEDIATE ADOPTION OF AN INTERIM REGULATION.
RECITALS:
A. The City Council adopted Ordinance 2970 on February 19, 2008 relating to building size
limitations, and held a public hearing on the Ordinance on Apri17, 2008, and modified
Ordinance 2970. Council held a public hearing on August 4, 2008, and extended Ordinance
2970 by Ordinance 2986 (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 2986. 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 2870, 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 bulk and scale, 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 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.")
Page 1 Ordinance 30D3 (extends 2986)
4. 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, should also be
tasked with the issue of building size.
5. While review is underway, the City Council determines that the issue of building size
limitations 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 may 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-II or R-III zoning district, unless the development is actually a remodel of an
existing structure and will not increase the size of the existing structure, and except as provided
in this Ordinance.
8. The City needs additional time to consider properly and carefully an Ordinance on bulk and
scale limitations, 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-II and R-III zoning districts 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 CITY OF PORT TOWNSEND, WASHINGTON,
ORDAINS AS FOLLOWS:
SECTION A. EXTENSION AND REENACTMENT. For the reasons set forth in the
Recitals (above), which axe hereby approved, those provisions enacted by Ordinance 2970
(February 19, 2008, revised Apri17, 2008), and re enacted by Ordinance 2986 (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.
Page 2 Ordinance 3003 /extends 2986)
From Ordinance 2970:
Section 1. Purpose. The purpose of this interim regulation is to allow the City to
continue the process of analyzing the issue of building size limitations without the possibility
that developers will submit applications for development under the existing codes. The City
Council is currently engaged in a process to determine whether building size limitations should
be itnposed in Port Townsend, and if so, on which area(s) of the City. Additional time is needed
to fully explore the options available to the City.
Section 2. Interim Regulation. The City Council hereby imposes an immediate six-
month interim regulation on the acceptance of all development permit applications for
development activities on property located in the R-I, R-II and R-III zoning districts of the City.
All construction, changing, altering, modifying, remodeling shall not increase the bulk of the
structures located on the property beyond the following formula:
SEE ATTACHED EXHIBIT A -INCORPORATED BY REFERENCE
Provided: any remodeling of existing structures is allowed, as long as the remodeling will not
increase the size of the existing structure in footprint, height, bulk and scale.
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 Hearinc on Interim Re¢ulations. [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 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.
Page 3 Ordinance 3003 (extends' 2986)
Section 7 Vested Ri~hts• Development and Re-development. This Ordinance does not
affect any existing vested rights. Those with vested approvals may proceed with processing and
development.
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 he 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 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.
1 ? ~ /fx ,r`N~
Michelle Sa doval, Mayor
Page 4 Ordinance 3003 (extends ?986)
Attest: Approved as to Form:
Pamela Kolacy, MMC John P. Watts
City Clexk City Attorney
Page 5 Ordinance 3003 (extends 2986)
EXHIBIT A
FAR Allowed
I.ot size ratio SF*
5000 50.0% 2500
5400 49.5% 2673
5800 49.0% 2842
6200 48.5% 3007
6600 48.0% 3168
7000 47.5% 3325
7400 47.0°l° 3478
7800 46.5% 3627
8200 46.0% 3772
8600 45.5% 3913
9000 45.0% 4050
9400 44.5% 4183
9800 44.0% 4312
10200 43.5% 4437
10600 43.0% 4558
11000 42.5% 4675
11400 42.0% 4788
11800 41.5% 4897
] 2200 41.0% 5002
12600 40.5% 5103
13000 40.0% 5200
13400 39.5% 5293
13800 39.0% 5382
14200 38.5% 5467
14600 5500
And larger 5500
* Excludes garage areas up to 400SF.
FAR = (Total covered area on all floors of a residence and structures on a given lot)/ (Area of the lot)
"Floor area ratio" is defined in Ch_ 17.08 PTMC, provided: the portion of the basement that is included in the FAR
is based on the following formula:
a. If the basement is entirely below 3' above Grade, as measured from the too of the finisher first
floor to the lowest finished grade of the rap de adjacent to the building, then the basement area is
not included in the FAR.
b. If a portion of the basement is above 3' (measured as in (a1, then the follow formula applies:
l . Determine the total volume of the basement.
2. Calculate the volume above the grade plane (defined n the IBC) measured at 4' above
the finished ground level.
3. Determine the ratio ofthe numbers in (1) and (2).
4. Apps the ratio in (3) to the floor area, and include that number in the total FAR.
Ordinance 3003 (extends 2986) - exhibit A