HomeMy WebLinkAbout3033 Interim Regulations - National Historic Landmark District ZoningOrdinance 3033
Re-desigizating R-ID rn Hislorrc DisTricl
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ORDINANCE NO. 3033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING
ORDINANCE 3021 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 the historic
overlay district, and held a public hearing on the Ordinance on April 7, 2008 on the ordinance
and determined to keep the ordinance in place.
B. Council held a public hearing on August 4, 2008 and re-enacted and extended Ordinance
2971 by Ordinance 2987 (Aug. 4, 2008). Council re-enacted and extended Ordinance 2987 by
Ordinance 3004 (February 17, 2009). Council re-enacted and extended Ordinance 3004 by
Ordinance 3021 (September 8, 2009).
C. 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. "fhe ad
hoc committee formed in the fall of 2008, and met Oct. 14, 2008, Nov. 18, 2008, December 9,
2008, and .fan. 13, 2009. The Planning Commission has met on this matter on May 28, June 11,
August 13, August 27, and September 17, 2009. Council determines it appropriate to re-enact
and extend Ordinance 3021 to provide additional time to allow the Planning Commission to
review this matter and for the matter of come before the City Council fox action.
D. The City Council re-affirms the recitals in Ordinance 2971, as follows:
1. On Febmary l 1, 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 maybe 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.
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Re-designalirzg R-l11 in Historic District
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3. The City Cowlcil 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
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 existing codes, except as
provided by this Ordinance.
5. 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).
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 fox
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
Crrowth 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 and extended by Ordinance 2987 (August 4, 2008), and re-
enacted and extended by Ordinance 3004 (February 17, 2009), and re-enacted and extended by
Ordinance 3021 (September 8, 2009) and set forth below, axe hereby re-imposed, re-enacted,
extended and continued in existence for six months from the effective date of this Ordinance or
Ordinance 3033
Re-designating_ R-LH in Historic District
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until regulations relating to demolition standards are adopted by the City Council, whichever is
sooner.
Section 1. Propose. The purpose of this interim regulation is to allow the City to
continue the process of analyzing the issue of the appropriateness of R-lII 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
District and its impact on historic preservation. 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 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-lI zoning and development regulations.
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 Hearing on Interim Regulations. [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 EmerQeney. 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
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Re-desfgnating R-1/( in Historic District
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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; 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.
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 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 standards, or of any permit or license issued hereunder, are declared nuisances and
trade subject to the administration and enforcement provisions of Chapter l .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. Severabllity. 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 ofany 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.
Ordinance 3033
Re-designating R-/O in Historic Dislricl
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Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this first day of March 2010.
Attest:
~~ .
A
Pamela Kolacy, MMC, City Clerk
Michelle Sandoval, Mayor
Approved as to Form:
John P. Watts, City Attorney