HomeMy WebLinkAbout3369 Establishing a Moratorium on the Acceptance of Applications and the Issurance of Permits for New Buildings in the R-II Zone Exceeding a Residential Density of 32 Units Per 40,000 Square Feet (Unsigned with scriveners error)Ordinance 3369
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Ordinance No. 3369
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS AND THE ISSUANCE OF PERMITS FOR NEW BUILDINGS IN
THE R-II ZONE EXCEEDING A RESIDENTIAL DENSITY OF 32 UNITS PER
40,000 SQUARE FEET
WHEREAS, On December 15, 2025, the City Council passed Ordinance 3361
adopting the 2025 Growth Management Act (GMA) Periodic Review and Update of the
City's Comprehensive Plan, amendments to Titles 2, 12, 17, 18, and 20 of the Port
Townsend Municipal Code (PTMC), and the Active Transportation Plan; and
WHEREAS, Ordinance 3361 became effective on December 29, 2025; and
WHEREAS, Ordinance 3361 revised Title 17 PTMC (Zoning) allowing for
increased residential density and other zoning changes to increase housing within the City
and to comply with recent state law updates; and
WHEREAS, the Planning Commission made recommendations on the 2025
Periodic Update, including revisions to Table 17.16.030 PTMC's density limitations in the
City's residential zoning districts; and
WHEREAS, on October 23, 2025, the Planning Commission held a public hearing
on potential revisions to Table 17.16.030 PTMC, including a proposed maximum
residential density in the R-II of 32 units per 40,000 square feet (SF) (4-plex), a proposed
increase from the previously adopted maximum residential density of 8 units per 40,000
SF in the R-II zone; and
WHEREAS, on November 24, 2025, the City Council held a public hearing on the
Planning Commission's recommendations, including the maximum density limitation in
the R-II zone of 32 units per 40,000 SF; and
WHEREAS, on November 24, 2025, the City Council voted to amend the
Planning Commission's recommended density limitation of 32 units per 40,000 SF in the
R-II by amending Table 17.16.030 PTMC to state "32 units, except 6 units per 5,000
square feet for infill projects with 10,000 square feet or less of lot area"; and
WHEREAS, on December 8 and 15, 2026, during business meetings, the City
Council accepted oral and written public comment on Ordinance 3361, including the
additional language to Table 17.16.030 PTMC of "32 units, except 6 units per 5,000
SCJUate feet for iiifill )I. *ects witil 10,000 sc Uare feet or less of"lot area" (underlines are the
additions made by the City Council to the Planning Commission's recommended
language); and
WHEREAS, on December 15, 2026, the City Council approved Ordinance 3361,
Ordinance 3369
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including the Table 17.16.030 PTMC language of "32 units, except 6 units per 5,000
square feet for infill projects with 10,000 square feet or less of lot area"; and
WHEREAS, Ordinance 3361 authorized residential density in the R-II zone of up
to 48 units per 40,000 SF on lots 10,000 SF or less in size — this authorized a maximum of
a "6-plex" on a 5,000 SF lot or a "12-plex" on a 10,000 SF lot in the R-II zone; and
WHEREAS, Todd McGuire, Mary McCurdy, John Capps, John Watts, and
Affordable Hometown Port Townsend (AHPT or Petitioners) challenged the compliance
of Ordinance 3361 under the GMA to the Washington State Growth Management
Hearings Board (GMHB) under Case No. 26-2-0017; and
WHEREAS, the Petitioners alleged that Ordinance 3361 violated the GMA's
public participation requirements; and
WHEREAS, the Petitioners and City both fully briefed the public participation
and engaged in oral arguments before the GMHB; and
WHEREAS, the GMHB found that the City Council's change of the Planning
Commission's recommended language for the R-II zone in Table 17.16.030 PTMC from
"32 units" to "32 units, except 6 units per 5,000 square feet for infill projects with 10,000
square feet or less of lot area" and subsequent approval of the change in Ordinance 3361
violated PTMC 20.04.090(C)'s requirement that the "planning commission shall hold a
public hearing on any text amendment to the land use code and make a recommendation to
city council"; and
WHEREAS, the City Council disagrees with portions of the GMHB's Final
Decision and Order in Case No. 26-2-0017, including the finding that the above change
violated PTMC 20.04.090(C); and
WHEREAS, the City Council desires to ensure that no irreversible actions to
accept or approve density in excess of 32 units per 40,000 SF in the R-II zone occurs
during the pendency of the GMHB remand and/or any associated appeals of Case No. 26-
2-0017; and
WHEREAS, as of August 24, 2026, the City has not received any applications for
the siting, construction, or building of new residential buildings in the R-II zone exceeding
the density of 32 units per 40,000 SF; and
WHEREAS, this moratorium is authorized by RCW 35A.63.220, RCW
36.70A.390, and Article 11, Section 11 of the Washington State Constitution, for up to
one-year, as long as a work plan is made part of this Ordinance; and
WHEREAS, this moratorium is exempt from the State Environmental Policy Act
pursuant to PTMC 19.04.080 and WAC 197-11-880;
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NOW, THEREFORE, the City Council of the City of Port Townsend, Washington
ordains as follows:
Section 1. Moratorium. There shall be in the City of Port Townsend a moratorium with
respect to:
The submission, acceptance, processing, or approval of any City of Port Townsend permit
application(s) for any proposed use, development, proposal, or project for the new siting, new
construction, or of new buildings of residential units in the R-II zone exceeding the density
threshold of 32 units per 40,000 SF. This moratorium prohibits the acceptance of or approval for
any new siting, construction, or building permits in the R-11 zone for 5-plexes, 6-plexes, or any
residential units of a higher density than 32 units per 40,000 SF.
Section 2. Effect of Moratorium. This moratorium neither impacts any permit
application or approved permit relating to the acceptance, processing, or approval of any City
permit application(s) for any proposed t}se, development, proposal, or project that has previously
been deemed complete by the City, nor alters, amends, repeals, or revises any other applicable
statute, regulation, or code provision applicable to complete applications.
Section 3. Duration. Unless subsequently extended by the City Council, consistent with
state law, this moratorium shall be effective immediately upon adoption and shall remain in
effect for one year, consistent with the work plan in Section 6.
Section 4. Findings. The City Council adopts the above recitals as their findings of fact
in support of this Ordinance.
Section 5. Severability. The provisions of this Ordinance are declared separate and
severable. If any provision of this Ordinance or its application to any person or circumstances is
held invalid, then the remainder of this Ordinance or application of its provisions to other
persons or circumstances shall remain valid and unaffected.
Section 6. Work Plan. The following work plan is adopted:
6.1 Within sixty days the Council shall hold a public hearing on this Ordinance;
6.2 The City Manager shall monitor the on -going litigation in GMHB Case No. 26-2-0017,
including any subsequent appeals or motions (if applicable) and provide status updates to
the Council, through the City Attorney, as needed on the litigation;
6.3 If necessary, the City Manager shall conduct the studies and analysis needed to support
the outcome of and any necessary compliance actions resulting from the on -going
litigation, including the subject of this Ordinance; and,
6.4 If necessary, the City Council should refer potential amendments to the Planning
Commission for review and recommendation consistent with the outcome of any
necessary compliance actions resulting from the on -going litigation, including the subject
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of this Ordinance, consistent with Chapter 20.04 PTMC, as amended.
ADOPTED by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this 24th day of August, 2026.
Amy Howard
Mayor
Attest.°
Alyssa Rodrigues
City Clerk