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HomeMy WebLinkAbout3192 Interim Land Use Regulations in the Vicinity of 6th and 10th Streets and Howard Street and Discovery Way; Extending the Interim Regulations Adopted in Ordinance 3176Ordinance 3192 Page 1 of 3 ORDINANCE NO.3192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO INTERIM LAND USE REGULATIONS IN THE VICINITY OF 6TH AND LOTH STREETS AND HOWARD STREET AND DISCOVERY WAY; EXTENDING THE INTERIM REGULATIONS ADOPTED IN ORDINANCE 3176 RECITALS A. The City Council enacted Ordinance 3111 on July 7, 2014, adopting interim standards for the affected area. These interim regulations expired January 8, 2015. B. On September 15, 2014, Council enacted Ordinance 3116. This ordinance amended Ordinance 3111 as it related to office uses in the affected area. It did not extend the effective date of Ordinance 3111. C. On September 18, 2014, the City of Port Townsend was awarded a CERB Planning Grant to conduct an economic feasibility study on the Howard Street Corridor. One of the pre - contract requirements is for the City to have a consultant selected and on contract. The City solicited proposals and selected E.D. Hovee & Company LLC to conduct the study. D. On December 8, 2014, the City Council adopted Ordinance 3124. That Ordinance extended the Interim Regulations until July 8, 2015 or until regulations affecting the area were adopted. Council adopted that ordinance in order to allow the City to receive and integrate the findings into the regulations for this area. The City received the Hovee Study on March 23, 2015 at a Joint City Council/Planning Commission Workshop. The study showed that the requirements provided for in the interim regulations for the Howard Street Corridor will prevent non -supportive uses from developing along the corridor. F. Because of the findings in the Hovee Study, and because of the ongoing work on the 2016 periodic Comprehensive Plan update, Council adopted Ordinance 3130 on June 15, 2015, extending the interim regulations until January 7, 2016 to allow the findings in the Hovee study to be integrated into the update process to see if the update process results in changes to the uses in the Howard Street corridor. G. On June 6, 2016, Council adopted Ordinance 3150 providing a fourth six-month extension of the interim regulations to allow the recommendations of the Hovee Study to be considered as part of the periodic update. H. On October 3, 2016, Council adopted Ordinance 3154, Relating to Comprehensive Planning - Adopting the 2016 GMA Periodic Update to the Comprehensive Plan, Amending the Comprehensive Plan, and Amending Titles 17 and 18 of the Port Townsend Ordinance 3192 Page 2 of 3 Municipal Code in Connection Therewith. Findings from the Hovee study were integrated into the updated Comprehensive Plan. In July 2016, the City retained two temporary employees with the goal of identifying barriers to desired development in the Howard Street and Sims Way Corridor. The team is to explore barriers in terms of land use, financing and work force. Findings will be used to inform the development of a subarea plan for this area. J, On December 5, 2016, Council adopted Ordinance 3163 extending for a fifth time the interim regulations during the consideration of the subarea plan. K. On June 5, 2017, the interim regulations expired. L. On July 10, 2017, Council adopted Ordinance 3176, which re-enacted the amendments to the use table, but did not re-enact the "super -setback" originally adopted because the alignment for the Howard/Rainier Street Corridor has been finalized. The interim regulations adopted in Ordinance 3176 expire January 8, 2018. M. Since adoption of Ordinance 3176, City staff has continued to work with the consultants to refine the subarea plan concept and begin developing draft zoning district and development regulation language. Workshop updates have been held with both City Council and the Planning Commission. The interim regulations need to be extended in order to allow the specific Subarea Plan regulatory changes to be finalized and adopted. The expected timeline is to have the Subarea Plan ready for Council consideration in the first quarter of 2018. N. 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), both authorize the City to adopt interim regulations to preserve the status quo while new plans or regulations are considered and prepared. It also allows interim regulations to be adopted immediately, if a subsequent public hearing is held and findings of fact are adopted within 60 days of the adoption of the interim regulations. A public hearing on extension of the interim regulations was held on December 4, 2017 NOW, THEREFORE, the City Council of the City of Port Townsend, Washington, do ordain as follows: Section 1. F mntli . A. City staff and its consultants continue to process the subarea plan for the Rainer Street/Upper Sims Way area. B. In order to provide sufficient time to formulate and implement permanent regulations, the City Council finds that extending the interim regulations adopted by Ordinance 3176 is necessary. Ordinance 3192 Page 3 of 3 Section 2. The interim regulations adopted in Ordinance 3176 are extended for an additional 180 days from the effective date of Ordinance 3176. Section 3. 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 4. Vested Rig,11 ��cvelo merit arad I c d vcic ne t. This Ordinance does not affect any existing vested rights. Section 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 6. Effective Date and Duration. This Ordinance shall take effect and be in full force and effect five days after publication. The duration of this Ordinance is 180 days from the expiration date of Ordinance 3176, unless extended, and shall terminate earlier on adoption of an ordinance by the City Council that replaces this Ordinance. ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 4th day of December, 2017. Attest: Joanna o Clem ,C �...... Sanders, MMC y k r Debora S. Stin.. h an Mayor Approved as to Form: CIN Steven L. Gross - City Attorney