HomeMy WebLinkAbout3008 Interim Regulations - Overlay/Special Height Overlay District ZoningOrdinance No. 3008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, RELATING TO LAND USE AND
ZONING, RE-ENACTING AND EXTENDING INTERIM REGULATIONS
CONCERNING PROVISIONS IN THE OVERLAY DISTRICT IN
CHAPTER 17.26 AND THE SPECIAL HEIGHT OVERLAY DISTRICT IN
CHAPTER 17.28, AND PROVIDING THAT THE PROVISIONS OF THE
OVERLAY DISTRICT ZONING APPLY IN THE EVENT OF CONFLICT
WITH THE UNDERLYING ZONING EXCEPT AS PROVIDED HEREIN;
AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE
ADOPTION OF INTERIM REGULATIONS.
RECITALS:
A. Council adopted Ordinance 2992 on October 3, 2008, and held a public hearing on the matter
on November ] 7, 2008. Council determines additional time is needed to address the issue and
for Planning Commission review to occur.
B. The City Council affirms the recitals in ordinance 2992, which are set forth belovL~.
Two provisions of the PTMC relating to overlay zoning and building height limits are in
conflict. Pending review of the matter, the Council determines to adopt interim
regulations that set height limits based on the more restrictive of the height limits in the
underlying zone or the height overlay district, with the exception that the interim
regulation should not apply to a pending development proposal.
2. Chapter 17.26 -Overlay District and Chapter 17.28 -Special Height Overlay District are
in conflict.
Chapter 17.26 -Overlay District of the PTMC, originally adopted by Ordinance 2216 in
1990 and re-adopted in Ordinance 2571 (1997) provides in part that: "In any case where
the provisions of an overlay district conflict with the provisions of the underlying zone,
the overlay district provisions shall apply." PTMC17.26.020.
4. Chapter 17.28 -Special Height Overlay District of the PTMC, also originally adopted by
Ordinance 2216 in 1990 re-adopted in Ordinance 2571 (1997), provides for height limits
for certain blocks and lots in the Original Townsite of Port Townsend. which limits are
generally Zess that the height limit allowed by the underlying zoning, and provides that:
"In any case where the provisions of the special height overlay district conflict with the
provisions of an underlying zone, the more restrictive height limitation shall apply."
PTMC 17.28.040.
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5. There are only two instances where the height limits for private (non-public) property in
the Chapter 17.28 -Special Height Overlay District provide for a height limit greater
than the underlying zone. In all other instances, the height limits for private (non-public)
property in Chapter 17.28 -Special Height Overlay District provide for a height limit less
than the underlying zone.
6. The two instances where private property has greater limits in the Chapter 17.28 -Special
Height Overlay District than the underlying zone are as follows:
For Block 93, C-II is the underlying zoning with a height limit of 35.' The height
limit for Block 93 in the Special Height Overlay District is 43'. For Block 100, R-II is
the underlying zoning with a height limit of 35'. The height limit for Block 100 in the
Special Height Overlay District is 43'.
7. If the provision cited above in PTMC 17.28.040 (Special Height Overlay District) were
applied to determine height limits, the height limit in the underlying zoning would prevail
(namely, 35' for both Blocks 93 and 100). If the provision cited above in PTMC
17.26.020 (Overlay District) were applied, the height limit in the Special Height Overlay
District would apply (namely, 43').
The intent of the above provisions may have been that the height limits in the Special
Height Overlay District would apply, even if the limit was greater than the underlying
zone.
However, if this result were applied to Block 100, zoned residential (with a 35' height
limit in the zoning code), then Block 100 would be the only residential property in the
City with a special height limit above the underlying zoning (in this case, 43' per the
overlay). The City Council determines that if this is the result, it was likely a mistake
when adopted and would be a mistake if applied now.
10. The purpose of the Special Height Overlay District in Chapter 17.28 was to "protect the
visual and physical prominence of the bluff which is a unique and dominant land form of
the city." PTMC 17.28.010. The Port Townsend Urban Waterfront Plan, adopted by the
Ciry Council in 1990, and incorporated by reference into the City's. GMA comprehensive
plan adopted by Ordinance 2539 (1996), adopted polices and guidelines relating to view
corridors: "View corridors identified in the Waterfront Plan should be maintained ...."
Design Guidelines, City Connection, 2.2 View Corridor, page 67. "Designs shall protect
views to the water and the Bluff through compliance with the Shoreline Master Plan, the
Special Height Overlay District Regulations set forth in Chapter 17.28 of this Code, and
the other design guidelines established in this chapter". Guideline, p. 67. The map at
page 67 in the Waterfront Plan shows view corridors to be protected. One cottidor is
from a point where the bluff intersects Momoe Street (between Franklin and Clay Streets)
extending both generally southerly (across Memorial field) and easterly (generally, to the
north of the buildings in Block 93 (Old Navy Building, Fleet Marine).
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11. Block 100 sits in part at an elevation higher up on Monroe Street than Block 93. Block
100 is generally within the view corridor identified on the map in the Waterfront Plan,
that is, development on Block 100 interferes with the identified view corridor in the
Waterfront Plan. To allow Block 100 a higher height limit than the limit applicable to
residential zones would increase view blockage, and is therefore inconsistent with the
purpose of the Special Height Overlay District (to "protect the visual and physical
prominence of the bluff..." and to protect view corridors.) It is unlikely the City Council
in 1990 and 1997 intended to single out one block of residentially zoned property from all
the residentially-zoned property adjacent to the downtown area, and grant it a special
height limit increase in an ordinance and plan that were designed to protect views.
12. On the other hand, to allow Block 93 (adjacent to Block 100 but lower in elevation) to
have a height limit of 43' as identified in the Special Height Overlay District does not
block views identified for protection in the Waterfront Plan. It may be that the City
Council in 1990 and 1997 believed Block 93 had a zoning height limit of 50' (the height
limit for C-III-Historic Commercial), and that the height overlay of 43' actually limited
the height for Block 93. The Council takes note that the height of the Old Navy Building
(in Block 93) is approximately 43', so allowing other development on Block 93 to be
limited to 43' would be consistent with existing development. On the other hand,
allowing a height limit of 43' for Block 100 (the residential property) represents an
increase in height over existing development in Block 100.
13. It is unlikely that the City Council in adopting Ordinance 2571 in 1997 intended to grant a
special height limit above the zoning code height to only one block of residential property
in the City, particularly where to do so would increase view blockage contrary to the
purpose of the Special Height Overlay District. Likely, Block 100 was included in the
Special Height Overlay District by error.
14. The Council determines to review, and to hold public hearings to obtain testimony and
evidence from the public, on the situations in the zoning code where the height allowed in
the Special Height Overlay District is greater than the underlying zoning, as is the case
for Blocks 93 and 100 (privately owned), and other lots and blocks that are in public
ownership.
15. The City needs additional time to consider properly and carefully review these situations
and the potential effects of allowing building heights to exceed building heights allowed
by the underlying zoning.
l6. While the review is pending, the Council determines it is appropriate to preserve the
status quo and to prevent the vesting of any new applications for development with a
height greater than the underlying zone that are or may be inconsistent with the City's
comprehensive plan or the outcome of the pending planning effort, with the exception
that a pending development proposal for Block 93 should not be affected by the interim
regulation.
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17. The pending development proposal on Block 93 is for construction of a new 43' high
marine U'ades manufacturing building. It would be unfair to apply the interim ordinance
to this application and owner, who relied on the overlay height (43') and based
development plans on these provisions.
18. While the Council reviews the appropriateness of height limits that exceed building
heights allowed by the underlying zoning, the Council determines it appropriate to limit
new applications for development on Block 93 that exceed the underlying zoning, except
for the pending proposal which is underway.
19. 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. For the reason set forth in the Recitals (above), which are approved,
those provisions in Ordinance 2992 are hereby re-imposed, re-enacted, extended and
continued in existence for six months for the effective date of this Ordinance or until
regulations relating to height limits are adopted by the City Council, whichever is sooner.
From Ordinance 2992:
Section 1. Interim Re ulation.
Notwithstanding anything to the contrary in Chapter 17.26 PTMC -Overlay District or Chapter
17.28 -Special Height Overlay District, the City Council hereby imposes an immediate six-
month interim regulation and prohibition on the acceptance of permit applications for any
development that exceeds the height limit of the underlying zoning district, except as set forth in
Section 7. Where the height limits in the Special Height Overlay District are less than the height
limit in the underlying zoning district, the more restrictive height limitation shall apply.
All such applications that conflict with this section shall be rejected and returned to the applicant.
Section 2. Purpose. The purpose of this Ordinance is to allow the City time to consider
properly and carefully review the conflict in the zoning code and the potential effects of allowing
building heights to exceed building heights allowed by the underlying zoning. Additional time is
needed to fully explore the options available to the City.
Section 3. Duration of Interim Regulation. The interim regulations imposed by this
Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City
holds a public heazing on the interim regulations and adopts findings and conclusions in support
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of the interim regulations (as contemplated by Section 4 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 4. Public Hearing on Interim Re[nrlations. 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 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 as set forth in this Ordinance, such
applications could become vested, leading to development 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; Pendin¢ Development Proposal. This Ordinance does not
affect any existing vested rights, and does not affect the pending development proposal by Sea
Marine, LLC, for construction of a 6,912 SF boat repair/construction building at the Sea Marine
site as identified in documents already submitted to the City, which may proceed with processing
and development. Any changes of use of the building is not allowed unless it conforms to the
height limits of the underlying zone.
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 6, 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 B. Severabilitv. 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.
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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 anal 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 sixteenth day of March 2009.
~2c~`LC~cE4 ~,~-~-~--o~,~v
Michelle Sandoval, Mayor
Attest:
~~~~~~ ~~
Pamela Kolacy, MC
City Clerk
Approved as to Form:
John Watts
City Attorney
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