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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. 1 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. . -----~ /:. ) / ( " L -I..-.'J---k.tt-----' ~"-..l~,, l,¡, ,.(. L -'--- Catharine Robinson, Mayor Attest: ~~Y'~~k Approved as to Form: /) John P. Watts, City Attorney 2 Ordinance 2857