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HomeMy WebLinkAbout2321 Emergency Interim Controls for Certain Shoreline Areas of the City of Port TownsendORDINANCE NO. 2321 AN ORDINANCE pertaining to zoning, enacting interim controls for certain shoreline areas of the City of Port Townsend, establishing an effective date and declaring an emergency. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City Council passed on October 28, 1992, Ordinance 2320 which amends the Jefferson-Port Townsend Shoreline Management Master Program with respect to uses permitted on the urban shoreline of the city; and many citizens and property owners participated in the hearings before the Jefferson-Port Townsend Shoreline Advisory Commission, the Port Townsend City Council, and the Jefferson County Board of Commissioners which were conducted in consideration of these amendments; and the amendments included in Ordinance 2320 were adopted in the public interest for the betterment of the community and the shorelines of the State of Washington as set forth as findings in that ordinance; and pursuant to the Washington State Shoreline Management Act (RCW 90.58) the amendments enacted in Ordinance 2320 must first be approved by the Washington State Department of Ecology before becoming effective; and the process of state review is anticipated to extend into February, 1993, and during the period of Department of Ecology review, it is possible that one or more property owners may, in light of the amendments and the extended period for state review, be induced to hastily prepare and submit development applications for required city permits prior to the time when the new Shoreline Master Program amendments become effective; and to the extent such development proposals do not comply with the new amendments, the public interests for which the amendments were enacted would be irreversibly diminished and the public process in which the amendments were considered would be undermined; and it is therefore necessary temporary, interim controls public interest; and and reasonable to enact in order to preserve the WHEREAS, although the City Council has issued a determination of nonsignificance prior to the passage of ordinance 2320, the rules of the Washington State Environmental Policy Act provide in WAC 197-11-880 for emergency exemption in instances such as the present circumstances confronting the City; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES HEREBY ORDAIN AS FOLLOWS: section 1. ~_e~. Unless otherwise indicated herein, for the purposes of this ordinance, the definitions set forth in Chapter 17.08 of the Port Townsend Municipal Code shall apply in addition to those set forth below: 1.1 W~r-dependent: A use or portion of a use that cannot exist in any other location and requires a location on the shoreline and is dependent on the water by reason of the intrinsic nature of its operation. 1.2 Water-enjoyment: A recreational use such as a park, pier, or other use facilitating public access as a primary character of the use; or, a use that provides for passive and active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation assure the public's ability to interact with the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the shoreline oriented space in the faoility must be devoted to the specific aspects of the use that foster shoreline interaction. Water- enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts, and mixed use commercial enterprises provided such use conforms to the above requirements. 1.3 Water-oriented: A use or a portion of a use which is either a water-dependent, water-related, or water-enjoyment use, or any combination thereof. 1.4 Water-related: A use or portion of a use which is not intrinsically dependent on a waterfront location, but whose operation cannot occur economically without a shoreline location. These activities demonstrate a logical, functional connection to a waterfront location. Examples of water- related uses may include warehousing of goods transported by water, seafood processing plants, and log storage. Ordinance - 2 - (Port Townsend, 11/92) .23,,a.I Section 2. 2.1 Within the area described in subsection 2.2 of this section, and shown on the map attached hereto as Appendix 1, new development or redevelopment shall be limited to water- dependent or water-related uses. 2.2 This section shall apply to all lands within the jurisdiction of the Washington State Shoreline Management Act (RCW 90.58) which lie within the M-I (light manufacturing or industry) zoning district, including but not necessarily limited to the property known as the Boat Haven Marina area owned by the Port of Port Townsend. S~ction 3. 3.1 Within the area described in subsection 3.2 of this section, and shown on the map attached hereto as Appendix 1, new development or redevelopment shall be limited to water- oriented uses. 3.2 This section shall apply to all lands within the jurisdiction of the Washington State Shoreline Management Act (RCW 90.58) which also lie within Blocks 1-3, 46-48, 49-52, 93-96, and 97- 99 of the Original Townsite of Port Townsend, including but not limited to the property known as Point Hudson which is owned by the Port of Port Townsend. SeQtion 4. 4.1 within the area described in subsection 4.2 of this section, and shown on the map attached hereto as Appendix 1, any proposed new or expanded building in which any portion is proposed to contain any apartment, condominium, multi-family dwelling, hotel, motel or inn use may be established as a conditional use provided that such uses shall not occupy any portion of the ground floor of any such new or expanded building, and provided further that a minimum of fifty percent (50%) of the total ground floor area of such buildings shall be reserved for water-oriented uses. Application for a conditional use permit shall be made and considered pursuant to Chapter 17.64 PTMC. 4.2 This section shall apply to all lands within the jurisdiction of the Washington State Shoreline Management Act (RCW 90.58) which lie within the following described area: Ordinance - 3 - (Port Townsend, 11/92) Blocks 4-45 of the Original Townsite of Port Townsend, Blocks 17-19 of L. B. Hastings First Addition to Port Townsend, together with Blocks 20-24 and Blocks 145-160 of L. B. Hastings Second Addition to Port Townsend. 4.3 ExQeption: Properties located within the following described area are exempt from the regulations of this section, provided the ground floor of the building is reserved for commercial retail or service uses permitted within the C-III zoning district: Block 6, Lots 6 and 8; Block 10, Lots 1-4; and all of Blocks 7-9 and 39-43 of the Original Townsite of Port Townsend. Section 5. ~ The following described properties and structures are exempt from the requirements and restrictions of this ordinance: 5.1 Properties located between Gaines Street and Polk Street which are on the upland side of Water Street. 5.2 Minor addition, remodel or alteration of pre-existing structures which will not increase the floor area more than twenty percent (20%) of the total floor area of the existing structure as it exists on the effective date of this ordinance. Section 6. This ordinance shall apply notwithstanding any other provision of any other ordinance or provision of the Port Townsend Municipal Code, until December 31, 1992, or until Ordinance 2320 becomes effective, whichever occurs first. Section 7. public HearinG. Pursuant to 35.63.200 RCW, a public hearing will beheld on the interim zoning controls adopted herein on December 7, 1992. Section 8. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 9. Effective Date. This ordinance shall become effective five days after its passage and publication as provided by law. Read for the first, second and third time times and passed by the City Council of the City of Port Townsend, Washington, at a Ordinance - 4 - (Port Townsend, 11/92) reg thereof, held this . sixteenth , 1992. day By M. Clise, M~or David ~.~G~ove, City Clerk Approved as to fo m:' ~ Dennis McLerran, City Attorney First reading: ~0~./~ Passage: Second reading: ~'~¢& Publication: Third reading. ~/~/FF ~ Effective: Ordinance - 5 - (Port Townsend, 11/92) .< 0