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HomeMy WebLinkAbout2911 Exception for Replacement or Repair of Previously Existing Nonconforming Emergency Towers Ordinance No. 2911 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE, SECTION 17.88.030 - NONCONFORMING STRUCTURES, TO ADD AN EXCEPTION FOR THE REPLACEMENT OR REPAIR OF PREVIOUSLY EXISTING NONCONFORMING EMERGENCY TOWERS WHEREAS, an 80' emergency communications tower existed at the fire station prior to the reconstruction of the fire hall; and WHEREAS, reconstruction of the fire hall, and location of the emergency operations center (EOC) at the fire hall is part of a countywide network. Its design was intended to provide for emergency communications at the fire station and EOC by utilizing smaller post antennas communicating with a new 100' tower at Morgan Hill being developed by JEFFCOM (911). The City has been coordinating with JEFFCOM for sometime on this project; and WHEREAS, the Morgan Hill permitting process involves obtaining a conditional use permit plus a variance. The decision ultimately involves action before the hearing examiner. Action before the hearing examiner is still at least two to three months away; and WHEREAS, pending receipt of information and hearing, another issue recently surfaced. JEFFCOM advised the City that FCC licensing for a higher tower at Morgan Hill is delayed, and may not be permitted because, due to closeness to the border, it requires Canadian approval; and WHEREAS, permitting delays for the Morgan Hill antenna were manageable as long as that was the only issue. Permit approval could have occurred within the next several months. The new issue of the lack of FCC license for a 100' Morgan Hill antenna, and the uncertainty of how much additional time will be required before that license could issue, or even if it could issue at all, creates an intolerable delay in providing acceptable emergency communications; and WHEREAS, as stated by Fire Chief Mingee in his Memo dated Sept. 27, 2005: 1. The situation has left the community in both an immediate and a long-term dilemma of not being served adequately for normal emergency response, and more seriously, in the event of major incidents requiring a coordinated public safety and ancillary agency response. 2. If a new tower is not built at the fire station to replace at the same height and style the one that was there, there is substandard coverage (significant "dead spots") for emergency communications in the City. 3. There is the additional dilemma that the City Emergency Operations Center (located at the Fire Station), which serves as a back up to the County Emergency Operations Center and Public Safety Answering Point (9-1-1 Dispatch), is not in service. Without immediate Page 1 Ordinance 2911 attention to the issue of replacing the previously existing antenna tower at the City Fire Station, the citizens of the community have no back up 9-1-1 system in place. Another consideration is that all levels of government assisted in financing the new Fire Station based partly on the fact that this critical facility would serve as a City Emergency Operations Center and as a County back-up Emergency Operations Center. Without this critical antenna tower it serves only as a room. 4. The long-term dilemma is that as long as the Morgan Hill site remains at its current status, the entire north end ofthe Peninsula will only receive about 85% radio coverage. In other words there are not only radio "dead spots" in the City, but out of the City. This Morgan Hill site also serves as our link to the outside world. The enhancement of the Morgan Hill site proposes to increase the radio coverage level as well as link our region to additional outside agencies. 5. Only a few days ago our regional 9-1-1 Center, JEFFCOM, was rendered offline by a computer "worm." This required that the back up answering point be placed into service. A storage trailer full of equipment sitting outside the apartment where the Firefighters were housed during the Station construction served as that point. This temporary facility was never intended to serve the community adequately and was only a stand-by facility until the actual back up was placed in-service; and WHEREAS, for these reasons, Chief Mingee, and the City Manager, deem it essential public safety to move forward as quickly as possible to allow the fire station antenna to be replaced; and WHEREAS, the old tower was over 50 years old and of questionable condition and could not be salvaged; and WHEREAS, there is another risk, and cost factor with delay. With Hurricane Katrina and now Rita, there is likelihood that emergency communications equipment from around the country will be requisitioned for the Gulf States. If the City places an order now for an antenna, we will get the tower. Ifwe purchase now, we also avoid potential price increases due to limitations on supply from Gulf Coast recovery efforts, and also avoid a 15% price increase if installation occurs now (15% more if done in the winter); and WHEREAS, the City Council accepts the recommendation of Chief Mingee and the City Manager, and determines it essential to allow the reconstruction of an emergency tower at the fire station, and to amend the code on an interim, emergency basis to expedite replacement of the antenna for public safety reasons. The tower would replace the tower - at the same height, and same lattice construction - as the tower that was taken down during the reconstruction, and would replace it with a modern, structurally sound tower; NOW, THEREFORE, the City Coutlcil of the City of Port Townsend ordains as follows: Page 2 Ordinance 2911 SECTION 1. PurposelFindings. The Council adopts the statements made above in the recitals as findings setting forth the need for this ordinance. SECTION 2. Interim Regulations. Section 17.88.030 of the Port Townsend Municipal Code is amended to read as follows (strike is deleted, underline is added): 17.88.030 Nonconforming structures. A structure that lawfully existed prior to the effective date of the ordinance codified this title and does not meet the applicable bulk, dimensional and density requirements is a nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the zoning district in which it is located. A nonconforming structure may be maintained as follows: A. A nonconforming structure which is damaged to an extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this title. However, any residential structures, including multifamily structures, in a residential zoning district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement and density. Structural repair shall be complete within two years after the catastrophe. B. Necessary repairs and alterations may be made to nonconforming residential structures, including multifamily structures, located in residential zoning districts. C. A nonconforming building or structure may be repaired and maintained as provided in and as limited by this section. The maintenance of such building or structure shall include only necessary repairs and incidental alterations, which alterations, however, shall not extend the nonconformity of such building or structure; provided, that necessary alterations may be made as required by other law or ordinance. D. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, mixed use, and marine-related or manufacturing structures; provided, that the cost of the desired improvement or repair does not exceed one-half of the replacement cost of the nonconforming structure over any consecutive five-year period. E. The replacement cost of a structure shall be determined by the director of the building and community development department. F. A building or structure, nonconforming as to the bulk, dimensional and density requirements of this title, may be added to or enlarged if such addition or enlargement conforms to the regulations of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate building or structure in determining conformity to all of the requirements of this title. Page 3 Ordinance 2911 G. Historic Structures. Reserved. (Ord. 2700 9 32, 1999; Ord. 2571 92, 1997). H. A nonconforming emergency radio tower may be repaired. reconstructed. or replaced on the parcel of its existing site. so long as the repairs. reconstruction. or replacement do not create a substantial change in visual impact. SECTION 3. Public Hearing on Ordinance. Pursuant to and subject to the requirements of RCW 36.70A.390, the City shall hold a public hearing on this ordinance within 60 days ofthe passage of this ordinance. SECTION 4. 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 5. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council. 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 third day of October, 2005. C~. 2. L. '~L---- Catharine Robinson, Mayor Attest: Approved as to Form: ~~':) John P. Watts, City Attorney Page 4 Ordinance 2911