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HomeMy WebLinkAbout2773 Extending Special Tax Valuation Eligibility to Non-Residential Properties Listed on the Local Register of Historic PlacesOrdinance No. 2773 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 2.72.070 OF THE PORT TOWNSEND MUNICIPAL CODE - ELIGIBLE PROPERTY FOR SPECIAL TAX VALUATION - TO EXTEND SPECIAL VALUATION ELIGIBILITY TO NON-RESIDENTIAL PROPERTIES LISTED ON THE LOCAL REGISTER OF HISTORIC PLACES SECTION 1 FINDINGS WHEREAS, the recognition, enhancement, perpetuation and continued use of buildings, sites, districts, structures and objects of historical significance within the City of Port Townsend is necessary in the interest of civic pride and the prosperity and general welfare of the City's inhabitants; and WHEREAS, such historic assets are an integral part of the heritage, education and economic base of the City of Port Townsend; and the economic cultural and aesthetic standing of the City can only be maintained and enhanced by regard for its heritage and by maintenance of its cultural assets; and WHEREAS, the City Council established in 1986, by Ordinance 2035, a historic preservation program in the City of Port Townsend and created the Port Townsend Historic Preservation Commission (HPC) to further the goals and benefits of historic preservation; and WHEREAS, the City Council has periodically amended the role of the HPC, whose duties and responsibilities are found in Chapters 2.72, 17.30 and 17.80 of the Port Townsend Municipal Code (PTMC). Such duties include review of Special Valuation tax program requests as specified in PTMC 2.72.070; and WHEREAS, certain additional amendments to PTMC Chapter 2.72.070 are warranted to further assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, structures and sites; and WHEREAS, the responsible official has conducted environmental review of the proposed municipal code text amendments under the State Environmental Policy Act (SEPA), RCW 43.21C and made a determination of non-significance and published notice of such in the official city newspaper on August 2, 2000, for which the comment and appeal period ended on August 17, 2000. No SEPA comments or appeals were filed during this period; and 1 Ordinance 2773 WHEREAS, on June 29, 2000 and September 14, 2000 the Planning Commission held public workshops on the proposed municipal code text amendment; and WHEREAS, on October 12, 2000, the Planning Commission held a duly noticed public hearing on the proposed amendments during which presentations were made by staff and testimony was sought from the public. At the conclusion of the October 12, 2000 public hearing the Planning Commission recommended that the proposed amendments to PTMC Chapter 2.72 be approved; and WHEREAS, on December 4, 2000 the City Council held a duly noticed public hearing on the proposed amendments and voted to postpone action on the item for staff to provide additional research and incorporate several council suggestions into a revised draft. The City Council further conducted a series of workshops, held May 14, 2001, June 18, 2001 and July 9, 2001, to review the results of staff's research, hear presentations from the County Assessor and others on Special Valuation, and to provide BCD staff with additional direction. With the changes suggested by City Council, the Council now find that adoption of the following amendments to the text of PTMC Chapter 2.72.070 will further promote historic Preservation efforts in the City and should be approved. NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 2: ADOPTION OF AMENDMENTS TO CHAPTER 2.72.070, HISTORIC PRESERVATION COMMITTEE, OF THE PORT TOWNSEND MUNICIPAL CODE. 2.72.070 Eligible property for special tax valuation. For the purposes of historic property tax valuation authorized as a duty of the committee under PTMC 2.72.060(A), the class of eligible property is: A. Property within the city's C-III zoning district; and Until Port Townsend is certified as a Certified Local Government (CLG), the class of properties eligible for special valuation shall be limited to those PrzpeXy within that area nominated to the National Register of Historic Places and defined therein as pivotal, primary, secondary, altered historic, or recent compatible. Once Port Townsend receives written notification that it is a Certified Local Government, the class of properties eligible for special valuation shall be expanded to those listed on the Local Register of Historic Places which are not residentially zoned properties; however, a residentially zoned property which is legally operated as a bed & breakfast may seek special valuation. 2 Ordinance 2773 SECTION 3 TRANSMITTAL TO OAHP The City Clerk shall transmit a copy of this Ordinance to the State Office of Archeology and Historic Preservation (OAHP) within 10 days of adoption of this ordinance. SECTION 4 EFFECTIVE DATE This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. SECTION 5 SEVERABILITY If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 23rd day of July, 2001. G~Masci, Mayor Attest: Pamela Kolacy, City Clerk Approved as to Form: John Watts, City Attorney 3 Ordinance 2773