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HomeMy WebLinkAbout2985 Interim Regulations - Demolition/Alteration of Certain StructuresOrdinance No. 2985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO LAND USE AND ZONING AND RE-ENACTING AND EXTENDING ORDINANCE 2969 ADOPTING IMMEDIATE EMERGENCY INTERIM REGULATIONS ON THE ACCEPTANCE OF APPLICATIONS FOR DEMOLITION OR ALTERATION OF CERTAIN STRUCTURES EXCEPT AS ALLOWED BY THIS ORDINANCE, UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO DEMOLITION AND ALTERATION OF HISTORIC STRUCTURES; SUCH INTERIM REGULATIONS TO BE EFFECTIVE IMMEDIATELY, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATIONS, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF INTERIM REGULATIONS RECITALS: A. The City Council adopted Ordinance 2969 on February 19, 2008 amending the Port Townsend Municipal Code Chapter 17.30, historic overlay district -design review, section 17.30.085, demolition standards to provide added review before demolition of an historic structure occurs, and held a public hearing on the Ordinance on April 7, 2008. B. The City Council held a public hearing on August 4, 2008, and determines it appropriate to extend the provisions of Ordinance 2969. The City is in the process of forming an ad-hoc committee to develop and recommend strategies to address teazdowns in the Historic District and "mega-home" construction throughout the City. Final submittal date for applications for the 2 community member positions was July 16, and appointments are set to occur. Staff has been prepazing background materials to support the Committee and needs more time to do so. The anticipated recommendation to Council is estimated to be in October/November, 2008.. C. The City Council re-affirms the recitals in Ordinance 2869, as follows: 1. On February 11, 2008, the City Council reviewed the status of policies and procedures concerning potential demolition of historic structures outside the downtown historic district. In 2004, the City Council approved specific regulations providing that anyone seeking to demolish an historic commercial building in the downtown had to prove that it wasn't economical to rehabilitate the building. PTMC 17.30.085. 2. Recently, the City has received several applications for demolition (or partial demolition) of residences that are in the National Historic Landmark District (NHLD). Other than building permits, and SEPA, no regulations govern or review the demolition of historic residential Page 1 Ordfnance 2985 (extends 2969) structures. Without regulations governing demolition of historic structures, demolitions are more likely to occur. 3. The City Council has previously identified teardowns in the historic district as a priority. (See list of Goals, Focus Areas, and Strategies, Projects, Initiatives, from "2008 Council Retreat - 1 s' Quarter Strategy.") 4. The City Council determines it appropriate to adopt on an interim basis an ordinance that provides for heightened review before demolition of historic buildings occurs, while the City Council, a task force, the Planning Commission, and the Historic Preservation Committee, review the issue and the City Council considers the adoption of historic preservation regulations. 5. Heightened review before demolition of historic buildings occurs is consistent with and implements, in part, the City comprehensive plan, including Land Use Policy 15.4, which provides: "Establish historic preservation guidelines in the zoning ordinance to govern demolition of historic structures and walls more than 50 years old. Ensure that the guidelines include a map and inventory which identifies all significant historic structures in Port Townsend." 6. Heightened review is important to prevent the loss of significant historic buildings, where rehabilitation is feasible and doing so does not deprive the owner of reasonable economic return. 7. Heightened review preserves the architectural and historic fabric of the City, as well as contributing to economic development. A recent report, "The Economic Benefits of Historic Preservation in Washington State: Summary Report," Prepared for: Washington Department of Archaeology and Historic Preservation by Matt Dadswell and William B. Beyers (Nov. 2006), supports the economic benefits to the City from historic preservation. 8. A decision that denies demolition because economically feasible uses exist is not a "taking." The fact that regulations may impose costs, or prevent an owner from obtaining the highest return (for example, by preventing demolition) does not constitute a taking. "Mere regulation on the use of land has never constituted a `taking' or a violation of due process under federal or state law." Presbytery v. King County, 114 Wn. 2"d 320 (1990). Only if no economically viable return is available does a "taking" occur. Under this ordinance, demolition is allowed if no economically viable return is available, and therefore no taking occurs. In Butlnickv. Seattle, 105 Wn. 2"d 857 (1986), the Washington Supreme Court stated Seattle's preservation ordinance which required a building owner conducting repairs to replace a "parapet' in a manner approximating the original design, even though more costly to the owner, was valid and not a taking. The building owner claimed that the requirement resulted in an unconstitutional taking of his property. The state Supreme Court ruled that the estimated cost of replacing the parapet would not be an undue hardship on the building owner, considering the fair marker value and income producing potential of the building. The court rejected the owner's claim. Citing the United States Supreme Court in Penn Cent. Transp. Co. v. New York, 438 U.S. l04 (1978), the Washington court stated: "The [U.S. Supreme] Court went on to observe it is Page 2 Ordinance 2985 (extends 2969) `not in dispute' that `States and cities may enact land use restrictions or controls to enhance the quality of life by preserving the character and desirable aesthetic features of a city'." 9. The City Council determines to review the issue of demolition of historic structures, and to hold public hearings and workshops to obtain testimony and evidence from the public on the issue. The City Council determines that a task force comprised of a City Councilor, Planning Commissioner, HPC member, and citizens (including, historic home owners) should 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. 10. The City needs additional time to consider properly and carefully the potential effects of demolition of historic structures, and to allow the processes identified above to provide recommendations to the City Council. 11. The City Council finds it is appropriate to preserve the status quo and to prevent the vesting of any new applications for demolition permits that are or may be inconsistent with the City's comprehensive plan or the outcome of the pending planning effort. 12. 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 A5 FOLLOWS: SECTION A. EXTENSION AND REENACTMENT. For the reasons set forth in the Recitals (above), which are hereby approved, those provisions enacted by Ordinance 2469 (February 19,2008), and set forth below, are hereby re-imposed, re-enacted, extended and continued in existence for six months from the effective date of this Ordinance or until regulations relating to demolition standards are adopted by the City Council, whichever is sooner. From Ordinance 2869: Section 1. Interim Regulation. The City Council hereby imposes an immediate six-month interim regulation on the acceptance of permit applications for demolition or partial demolition of certain properties and structures defined in Section 2. "Demolition" or "partial demolition" has the meaning as provided in PTMC 17.30.085. All such applications shall be rejected and returned to the applicant. Provided, Any owner may apply for demolition or partial demolition based on and subject to the standards and procedures in Chapter 1730 PTMC, and in particular section PTMC 17.30.085 Demolition Standards, which are hereby made applicable to demolition or partial demolition of structures defined in Section 2, except for those portions of Chapter 17.30 PTMC Page 3 Ordinance 2985 (extends 7969) which are clearly inapplicable or inconsistent with this Ordinance. (Byway of illustration, a portion of Chapter 17.30 PTMC which would clearly be inapplicable to an application for demolition of a residence in uptown would be design standazds in PTMC 13.30.150 Waterfront Sub district -Additional design standards.) Provided further, the standards and procedures in Chapter 17.30 PTMC apply to any development of property or structures defined in Section 2, except for those portions of Chapter 1730 PTMC which are cleazly inapplicable or inconsistent with this Ordinance. Section 2. Defined Structures. The following structures are subject to this Ordinance: 1. Structures shown as pivotal, primary or secondary on a map prepared in connection with the Port Townsend National Historic Landmark District (NHLD) application. The map is attached as Exhibit A. 2. Structures, whether inside the NHLD or outside the NHLD, that have "historical significance." Structures have historical significance if the structure is at least 50 years old, and meets three or more of the following criteria or is less than 50 years old and meets at least five of the following criteria: a. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history; b. Embodies distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction; c. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art; d. Exemplifies or reflects special elements of the city's cultural, special. economic, political, aesthetic, engineering, or architectural history; e. Is associated with the lives of persons significant in national, state or local history; f It is the only remaining, or one of the few remaining, structures of a particular style, building type, design, material, or method of construction; g. It is a conspicuous visual landmark in the community or neighborhood; h. It is an important or critical element in establishing or contributing to the continuity or character of the street, neighborhood or area. Section 3. Purpose. The purpose of this Ordinance is to allow the City to continue the process of analyzing the issue of demolition of historic structures without the possibility that owners will seek to vest applications to demolish historic structures under the existing codes. The City Council is embarking on a process to determine whether regulations should apply before demolition of historic structures should occur. Additional time is needed to fully explore the options available to the City. Section 4. Duration of Interim Re ulg ation. The interim regulations imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City Page 4 Ordinance 2985 (zxtends 2969) holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by Section 5 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 5. Public Hearing on Interim Regulations. 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 6. 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 ofany other section, sentence, clause or phrase of this Ordinance. Section 7. Declaration of Emergencv. 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 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 fox an indefinite period of time. Section 8. Vested Ri¢hts; Development and Re-development. This Ordinance does not affect any existing vested rights. Those with vested approvals for demolition may proceed with processing and demolition. Nor does the Ordinance prohibit all demolitions or re-development of historic structures in the City. The Ordinance specifically allows re development of historic structures as provided in this Ordinance. Section 9. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 10. 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 Page 5 Ordinance 7985 (extends 3969) 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 t?0 X0-1-0 PTMC Applicable. Ail viola$ons of any provision of this ordinance or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.; ~,Q_ ~0 1(? PTMC, including any amendments, and including but not limited to, abatement, criminal penalty, and civil penalty as set forth in Chapter l .20 ?E~l 0 PTMC, which are incorporated by reference as if set forth herein. SECTION B. 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 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 welfaze. 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 fourth day of August 2008. ~,~~~~ Michelle Sandoval, Mayor Attest: Pamela Kolacy, MMC City Clerk Approved as to Form: John P. Watts City Attorney Page 6 Ordinance 298.1 (extends ?969)