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HomeMy WebLinkAbout2986 Interim Regulations - Land Use/Zoning DevelopmentORDINANCE N0.2986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AND RE-ENACTING AND EXTENDING ORDINANCE 2970 (FEBRUARY 19, 2008) RELATING TO LAND USE AND ZONING, ADOPTING AN IMMEDIATE EMERGENCY INTERIM REGULATION ON THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT OR CERTAIN TYPES OF RE-DEVELOPMENT WITHIN THE CITY UNTIL THE CITY FINISHES THE PROCESS OF CODE REVIEW AND AMENDMENT RELATING TO BUILDING SIZE LIMITATIONS, SUCH INTERIM REGULATION TO BE EFFECTIVE IMMEDIATELY, DEFINING THE APPLICATIONS SUBJECT TO THE INTERIM REGULATION, PROVIDING FOR A PUBLIC HEARING ON THE INTERIM REGULATION, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATION, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF A INTERIM REGULATION. RECITALS: A. The City Council adopted Ordinance 2970 on February 19, 2008 relating to building size limitations, and held a public hearing on the Ordinance on April 7, 2008, and modified Ordinance 2970. B. The City Council held a public hearing on August 4, 2008, and determines it appropriate to extend the provisions of Ordinance 2970. The City is in the process of forming an ad-hoc committee to develop and recommend strategies to address teardowns 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 preparing 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 2870, 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, 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 may be seen as incompatible with the existing "look and feel" of the neighborhood. 2. The City Council determines to review the issue of bulk and scale, and to hold public hearings and workshops to obtain testimony and evidence from the public on the issue of building sizes. Page 1 Ordinance 2986 (extends 2970) 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- 1st Quarter Strategy.'') 4. The City Council 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, should also be tasked with the issue of building size. 5. While review is underway, the City Council determines that the issue of building size limitations 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. 6. 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.63.22Q RCW 36.70A.390). 7. 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 for building in any R-II or R-III zoning district, unless the development is actually a remodel of an existing structure and will not increase the size of the existing structure, and except as provided in this Ordinance. 8. The City needs additional time to consider properly and carefully an Ordinance on bulk and scale limitations, and to allow the processes identified above to provide recommendations to the City Council. 9. 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-II and R-III zoning districts that are or may be inconsistent with the outcome of the pending planning effort. 10. 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. 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 2970 (February 19, 2008, revised April 7, 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 Page 2 Ordinance 2986 (extends 2970] Ordinance or until regulations relating to demolition standards are adopted by the City Council, whichever is sooner. From Ordinance 2970: Section 1. Purpose. The purpose of this interim regulation is to allow the City to continue the process of analyzing the issue of building size limitations without the possibility that developers will submit applications for development under the existing codes. The City Council is currently engaged in a process to determine whether building size limitations should be imposed in Port Townsend, and if so, on which area(s) of the City. 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 on the acceptance of all development permit applications for development activities on property located in the R-I, R-II and R-III zoning districts of the City. All construction, changing, altering, modifying, remodeling shall not increase the bulk of the structures located on the property beyond the following formula: SEE ATTACHED EXHIBIT A -INCORPORATED BY REFERENCE Provided: any remodeling of existing structures is allowed, as long as the remodeling will not increase the size of the existing structure in footprint, height, bulk and scale. Section 3. Duration of Interim reQUlation. 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 (~ 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 Hearine on Interim Regulations. Pursuant to RC W 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 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 Emer~ency. 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 Page 3 Ordinance 2986 (extends 2970) 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 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 development. 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 ~, 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 standazd 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 made subject to the administration and enforcement provisions of Chapter 1.20 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. 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 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. Page 4 Ordinance 2986 (extends 2970) Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this fourth day of August 2008. Attest: (~ , Pamela Kolacy, MMC City Clerk Michelle Sandoval, Mayor Approved as to Farm: John P. Watts City Attorney Page 5 Ordinance 2986 (extends ?971)) EXHIBIT A FAR Allowed Lot size ratio SF* $000 50.0% 2500 5400 49.5% 2673 5800 44.0% 2842 6200 48.5% 3007 6600 48.0% 3168 7000 47.5% 3325 7400 47.0% 3478 7800 46.5% 3627 8200 46.0% 3772 8600 45.5% 3913 9000 45.0% 4050 9400 44.5% 4183 9800 44.0% 4312 10200 43.5% 4437 10600 43.0% 4558 11000 42.5% 4675 11400 42.0% 4788 11800 41.5% 4897 12200 41.0% 5002 12600 40.5% 5103 13000 40.0% 5200 13400 39.5°/a 5293 13800 39.0% 5382 14200 38.5% 5467 14600 5500 And larger 5500 * Excludes garage areas up to 400SF. FAR = (Total covered area on all floors of a residence and structures on a given lot)/ (Area of the lot) Ordinance 2986 (extends 2970) - ExhibitA