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HomeMy WebLinkAbout2575 Interim Land Use ControlsOrdinance No. 2575 AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AN EMERGENCY; IMPOSING INTERIM CONTROLS ON CERTAIN TYPES AND CATEGORIES OF LAND USE, BUILDING AND DEVELOPMENT PERMIT APPLICATIONS AFFECTING PROPERTY WITHIN THE CITY OF PORT TOWNSEND; ESTABLISHING EXEMPTIONS FROM INTERIM CONTROLS; ESTABLISHING AN EXPIRATION DATE (APRIL 28, 1997); AND ESTABLISHING AN EFFECTIVE DATE. A. FINDINGS AND RECITALS: 1. The City of Port Townsend adopted its Comprehensive Plan in accordance with the Washington State Growth Management Act (GMA) on July 15, 1996, Ordinance No. 2539. All findings, recitals and other provisions of Ordinance No. 2539, and all provisions of the Comprehensive Plan are incorporated herein by this reference; and 2. In conformance with the GMA, the City has adopted zoning and subdivision regulations that fully implement the Comprehensive Plan. The City's Planning Commission held a public hearing on the Zoning and Land Division Ordinances on February 27, 1997, and held public workshops to deliberate regarding the Ordinances on March 6, March 13, and March 20, 1997, with a continued workshop meeting held on March 25, 1997 to consider and approve all revisions as directed by the Commission, and to take final action on the Ordinances. The Commission recommended to City Council that the Ordinance be adopted as amended; and 3. The City Council held a public hearing on the Zoning and Land Division Ordinances on March 31, 1997, and held public workshops to deliberate regarding the Ordinances on April 1 and April 2, 1997; and 4. On April 7, 1997, at a regularly scheduled City Council meeting, to implement the Comprehensive Plan, the GMA and the Regulatory Reform Act, the City repealed its prior zoning regulations and adopted new zoning regulations (Title 17 PTMC). Tire 17 PTMC, the "Port Townsend Zoning Code," and all provisions of the applicable adopting ordinance are incorporated herein by this reference; and 5. In order to fully implement GMA requirements and the Comprehensive Plan, on April 7, 1997, the City repealed its previous Official Zoning Map and adopted a new Official Zoning Map which is consistent with the Comprehensive Plan; and INTERJM CONTROLS ORDINANCE 4/7/97 -1- ORD. NO. 2575 6. On April 7, 1997, at a regularly scheduled City Council meeting, to implement the Comprehensive Plan, the GMA and the Regulatory Reform Act, the City repealed its prior subdivision regulations and adopted new subdivision regulations (Title 18 PTMC). Title 18 PTMC, the "Port Townsend Land Division Ordinance," and the applicable adopting ordinance, are incorporated herein by this reference; and 7. -Both the Zoning Code and the Land Division Ordinance make specific reference to, and require conformance with, the "Port Townsend Engineering Design Standards," ("engineering design standards"), including by reference Titles 12 and 13 PTMC and the Public Works Department's Engineering Design Standards Manual. Fundamentally, the engineering design standards will create uniform and predictable design standards, specifications, requirements and procedures to ensure that necessary public and private facilities and infrastructure are installed to protect the public from inadequate and/or unsafe transportation, water system, wastewater and stormwater improvements; and 8. If public and private facilities and improvements are not constructed in conformance with adopted engineering design standards, as approved by the City, there is a substantial risk that the improvements may impose significant health and safety risks upon the public. Further, inadequate public facilities and improvements can be difficult and costly for the public to repair and maintain; and 9. All engineering design standards for public and private facilities and infrastructure are deliberately omitted from Titles 17 and 18 PTMC, relying upon the separately adopted and codified engineering design standards; and 10. The City Council is currently reviewing the engineering design standards through designated Council committees. The City has conducted review of the engineering design standards under the State Environmental Policy Act, Chapter 43.21C RCW. As of April 7, 1997, the engineering design standards remain in draft form to allow additional work by City staff and Council committees and to consider public comment. A public hearing has been publicly advertised and is scheduled for April 15, 1997 to receive public comment upon the engineering design standards. The Council has scheduled the engineering design standards for adoption at the regularly scheduled April 21, 1997 City Council meeting, with the probable effective date of the adopting ordinances after publication of April 28, 1997; and 11. While the engineering design standards do not constitute mandatory "development regulations" as defined by the GMA, without formal adoption by the Council of the engineering design standards, some of the requirements and standards contained in Titles 17 and 18 PTMC regarding certain types and categories of land development and building projects are not amenable to enforcement, and permit applicants would lack necessary predictable specifications and standards governing the design, installation and construction of public and private facilities and infrastructure necessary to serve proposed property development; and INTERIM CONTROLS ORDINANCE 4/7/97 -2- ORD. NO. 2575 12. To fully implement the Zoning Code and the Land Division Ordinance, the City Council will need to amend the City's land use and development permit application fee ordinances. Certain land use and development applications defined in Titles 17 and 18 PTMC constitute new permitting processes. However, as of the date of this Ordinance, the City Council has not adopted accompanying amended permit application and processing fees. The Council is scheduled to amend City fee ordinances at the regularly scheduled April 21, 1997 City Council meeting; and 13. To fully implement the Zoning Code and the Land Division Ordinance, the City Council will need to amend the City's procedures governing the processing of certain types and categories of land use and development permit applications. These procedures are codified in Chapter 20.01 PTMC, "Administration of Land Development Regulations." Certain land use applications defined in Titles 17 and 18 PTMC constitute new or revised permit processes, without accompanying amended application procedures. Further, Titles 17 and 18 PTMC anticipate the amendment of existing procedures to better facilitate compliance with the GMA and the Regulatory Reform Act. The Council is scheduled to amend Chapter 20.01 PTMC at the regularly scheduled April 21, 1997 City Council meeting; and 14. The Council finds that certain types and categories of land use and development permit applications can be accepted and processed, and do not require review under provisions of Titles 17 and 18 which depend upon the adoption of the engineering design standards and amended fee and procedural ordinances. Such applications, described in Section B.4 below, are exempted from the applicability of this Ordinance; and 15. The immediate adoption of the Zoning Code and the I_and Division Ordinance is necessary to comply with Washington Department of Health regulatory requirements. In the Department of Health's Modified Agreed Order Docket No. 94-003 ("the Order" or "DOH Order"), the Department of Health ("DOH") has ordered the City to "complete all construction necessary to meet CT [chlorine contact time] requirements for all City water users within the City Limits, . . . and [to] complete associated chlorination system improvements needed..." by December 31, 1997. The Order requires the City to apply for grant or loan funds through the Public Works Trust Fund ("PWTF") program, or other source, in order to fund these improvements. The Order imposes substantial potential penalties upon the City for noncompliance; and 16. By providing the removal of biological contaminants and the disinfection of City water lines, the CT pipeline improvements are necessary to ensure the adequacy and safety of domestic water quality for City water customers. The timely construction of the improvements is therefore necessary for the protection of public health and public safety; and INTERIM CONTROLS ORDINANCE 4/7/97 -3- ORD. NO. 2575 17. The CT pipeline project, and all associated improvements, are included in the City's Comprehensive Plan Capital Facilities Element, Table VII-26, for funding and construction in 1996-1997. The DOH Order requires that regardless of eligibility for public grants and loans, the City "shall complete construction no later than December 31, 1998." Without being eligible to secure necessary grant or loan funds in 1997, the timely completion of the required improvements is in jeopardy; and 18. The Washington State Department of Community, Trade and Economic Development CDCTED") is the agency administering the PWTF grant or loan program. To be eligible for the grant or loan funds, upon submittal of the application, DCTED requires that the City be in full compliance with the GMA, including adoption of the Comprehensive Plan and implementing development regulations; and 19. Pursuant to the GMA, the Zoning Code and the Land Division Ordinance are mandatory development regulations which must be adopted to ensure eligibility for the PWTF grant or loan funds. The PWTF application deadline, and the deadline for full compliance with the GMA, is April 9, 1997. Therefore, to ensure eligibility for the PWTF grant or loan funds, and thereby to ensure compliance with the DOH Order, the City Council has declared an emergency and made the Zoning Code and Land Division Ordinance effective upon adoption; and 20. Based upon the imperative need to comply with the DOH Order and to complete construction of the CT pipeline and associated improvements in a timely fashion; based upon the need to have all engineering design standards formally adopted prior to the applicability of certain provisions of Titles 17 and 18 PTMC to certain types and categories of land use developments and projects described below, Section B.3; and further based upon the need to have all necessary administrative ordinances in place, including fee ordinances and procedural ordinances, at the time the City begins processing certain types and categories of land use and development applications, there is an emergency need for this Ordinance to be effective immediately upon adoption, imposing interim controls which will stay the acceptance and processing of certain land development applications as defined herein; 21. All terms used in this Ordinance shall have the definitions and meanings as provided in Titles 17 and 18 PTMC and all other applicable land use, building and environmental codes, ordinances, regulations and plans, INTERIM CONTROLS ORDINANCE 4/7/97 -4- ORD. NO. 2575 NOW, THEREFORE, based upon the above-referenced Findings and Recitals, the City Council of the City of Port Townsend ordains as follows: B. INTERIM CONTROLS: Section 1. Declaration of Emergency. In accordance with RCW 35A. 12.130 and 35A. 13.190, and based upon the above Findings and Recitals, the Council hereby declares that it is essential that the City be eligible for grant funds and favorable low interest loans available through the Public Works Trust Fund and other public revenue sources in order to conduct necessary water system improvements during 1997, in accordance with the City's Capital Facilities Plan and in compliance with Department of Health's Modified Agreed Order, Docket No. 94-003. Further, it is essential that certain types and categories of land development applications as described in Section B.3 herein not be accepted or processed until the effective date of all additional ordinances and regulations which are necessary to administer the Land Division Ordinance (Title 18 PTMC) and the Zoning Code (Title 17 PTMC). The Council declares that this Ordinance is necessary for the protection of public health and public safety and that ensuring eligibility for public grants and loans to address public health and safety needs associated with the City's water system and to assure that the City has the ability to process land development applications pursuant to the engineering design standards, as well as the amended fee and procedural ordinances constitutes an emergency condition, requiring that this Ordinance be effective immediately upon adoption. ~. Emergency Need for Interim Controls. For the reasons stated in the above Findings and Recitals, and pursuant to RCW 35A.12.130, RCW 35A.13.190, RCW 35A.63.220 and RCW 36.70A.390, there is hereby declared in the City of Port Townsend an emergency requiring that interim controls govern the City's acceptance and processing of all types and categories of land use, building and development permit applications defined in Section B.3 below, filed on or after April 8, 1997. Section 3. Land Use Applications Affected by Interim Controls. Interim controls will govern the acceptance and vesting of all building, land use and development permit applications specified in this Section B.3; provided however, where an application seeks a permit subject to this Section B.3 as well as permit(s) for actions provided in Section B.4 below, the application shall be subject to interim controls pursuant to this Ordinance. From the effective date of this Ordinance and until 12:00 (noon) on April 28, 1997, the City shall not accept or process any permit applications for the following projects, developments and land uses: boundary or lot line adjustments involving platted lots of record; short subdivisions; full or long subdivisions; INTERIM CONTROLS ORDINANCE 4/7/97 -5- ORD. NO. 2575 · · · · · · applications seeking the recognition and development of platted lots of record, except as provided in Section B.4 below; binding site plans; planned unit developments; multi-family structures and developments; mixed use structures and developments; all major conditional use permit applications; and all other land use, building and development permit actions and applications not specifically exempted under Section B.4 below. Section 4. Land Use, Building and Development Applications Exempted from Interim Controls. The following land use, building or development permit applications will be accepted and processed by the City of Port Townsend and are exempt from the interim controls pursuant to this Ordinance, unless the application also involves actions defined in Section B.3 above: · Single family building and other development permits for the construction upon and development of lots located within short and long plats and planned unit developments which have received final approval from the City Council after 1937; · final short plats and long plats and final planned unit development applications and submittals; · variance applications; · all shoreline substantial development permit applications and other permit applications pursuant the City's Shoreline Master Program; · single family building permits for applicants who own one platted lot of record, and own no other platted lots within 200 feet from the subject property, provided the extension of water and/or sewer utilities, and/or the opening of platted street rights of way is not needed or required; · all single family building and development applications on platted lots of record where the extension of water and/or sewer utilities, and/or the opening of platted street rights of way is not needed or required; · all minor conditional use permit applications; · boundary or lot line adjustments which do not involve platted lots of record; · accessory dwelling units; · remodels; additions; demolitions; structural repairs; · exterior fences and/or walls; · day care facilities; · home occupations; · temporary uses; · signs; · street vacations; INTERIM CONTROLS ORDINANCE 4/7/97 -6- ORD. NO. 2575 · all activities defined as exempt from permits in accordance with Section 106.2 of the 1994 Uniform Building Code; and · environmentally sensitive areas permits issued in accordance with PTMC 19.05. ~. Exemption of Pending Applications; Preapplication Conferences. All land use, building and development permit applications determined to be complete pursuant to PTMC 20.01.110 prior to April 8, 1997, shall be exempt from the interim controls imposed through this Ordinance. Prior to April 28, 1997, for those applications subject to interim controls and stayed from vesting, the City shall conduct preapplication conferences in accordance with Section 20.01.090 PTMC. However, the City will not accept applications for land use, building or development permits for any of the types and categories of projects described in Section B.3 above until 12:00 (noon) April 28, 1997. ~ Effective Date; Expiration. Pursuant to RCW 35A. 12.130 and RCW 35A. 13.190, the Council hereby declares an emergency and declares that this Ordinance shall be effective immediately upon adoption. This Ordinance shall automatically expire and be null and void at 12:00 p.m.(noon) April 28, 1997, unless extended by the Port Townsend City Council. ~. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 7th day of April, 1997. Attest: c ,er: Pim Kolac/y, Juli~cCulloch, Mayor Timo~x~Mahan, City Attorney 04/02/97 [ Interim Controls] Ord\{Interim.ord} INTERIM CONTROLS ORDINANCE 4/7/97 -7- om>. so. 5'