HomeMy WebLinkAbout2857 Prohibiting Applicatins for Cottage Housing Projects Pending Further Review and Action by City Council
Ordinance No. 2857
AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROHIBITING
APPLICATIONS FOR COTTAGE HOUSING PROJECTS PENDING
FURTHER REVIEW AND ACTION BY CITY COUNCIL
WHEREAS, the City of Port Townsend adopted a cottage housing ordinance
(Ordinance 2792, adopted 2001) providing for cottage housing developments;
WHEREAS, the first application for a cottage housing development proposed a
development in an area zoned R-1; and
WHEREAS, a number of citizens have voiced concern with the proposed project and
with the possibility that other projects could be allowed that would allow projects that are
incompatible with existing neighborhoods; and
WHEREAS, on December 15, 2003, the City Council requested a recommendation
within 120 days from the Planning Commission on whether changes to the cottage housing
ordinance were needed; and
WHEREAS, on April 8, 2004, the Planning Commission determined that changes to
the cottage housing ordinance were needed, including changes which seek to lessen the impact
of cottage housing projects on existing neighborhoods; and
WHEREAS, a public hearing is scheduled on June 17, 2004 on the proposed changes
to the cottage housing ordinance recommended by the Planning Commission; and
WHEREAS, the Council determines it appropriate pending action by the Council after
the June 17, 2004 public hearing to prohibit all applications for cottage housing projects on an
interim basis until the Council has held a public hearing and reviewed the recommendation of
the Planning Commission, the record and comment made at the Council's public hearing, in
order to preserve the status quo and to prevent the vesting of any new applications for projects
under current regulations (which the Planning Commission says need revision to minimize
impacts of projects); and
WHEREAS, there are no new or pending applications or projects that staff is aware of
(with the exception of possible revisions to the one vested pending application). The one
pending application is vested under the current regulations (and any proposed changes to the
application would be subject to the interim regulations).
WHEREAS, RCW 35A.63.220 (applicable to code cities such as Port Townsend) and
RCW 36.70A.390 (a part of the Growth Management Act) authorize cities to enact interim
regulations to preserve the status quo while new plans or regulations are considered and
prepared.
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Ordinance 2857
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Purpose/Findings. The Council adopts the statements made above in the
recitals as findings setting forth the need for this ordinance.
SECTION 2. Prohibition Established. A prohibition is imposed upon the acceptance of
any application, or the issuance of any pennit, for a cottage housing development (see PTMC
Chapter 17.60.
SECTION 3. Exemption. This ordinance shall not apply to vested pennit applications.
SECTION 4. Public Hearing on Ordinance. Pursuant to RCW 36.70A.390, the City
County shall hold a public hearing on this ordinance on June 17,2004. At or immediately after
the public hearing, the City Council shall adopt findings of fact on the subject of these interim
regulations either justifying their continued effect, or cancel the regulations, or take other
appropriate action
SECTION 5. 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 6. Declaration of Emergency. The City Council hereby declares for the
public safety and welfare and reasons set forth above, that an emergency exists necessitating that
this Ordinance take effect immediately upon passage of this ordinance.
SECTION 7. Effective Date. This Ordinance shall take effect immediately after
passage. Publication of this ordinance shall be by a summary thereof consisting of the title.
Adopted by the City Council ofthe City of Port Townsend, Washington, at a regular
meeting thereof, held this third day of May, 2004.
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Catharine Robinson, Mayor
Attest:
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Approved as to Form:
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John P. Watts, City Attorney
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Ordinance 2857