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HomeMy WebLinkAbout2320 Amending the Jefferson-Port Townsend Shoreline Management Master ProgramORDINANCE 2320 AN ORDINANCE pertaining to shoreline management, amending the Jefferson-Port Townsend Shoreline Management Master Program and providing an effective date therefor. The City Council of the City of Port Townsend finds as follows: In 1990, the City Council adopted the Port Townsend Urban Waterfront Plan (UWP) to protect the cultural, historic, aesthetic, and environmental quality of the City's waterfront. Although the plan and its implementing ordinances provide design guidelines and a special height overlay, it does not include development policies for waterfront residential or transient accommodation uses. Waterfront residential development is reviewed for consistency under the policies and performance standards of the Jefferson County-Port Townsend Shoreline Management Master Program (SMP). It is necessary and desirable to augment the plan by amending the SMP with respect to permitted and conditional uses. The current SMP contains inconsistent provisions regarding whether residential development requires a conditional use permit in order to be developed in the Port Townsend Urban Waterfront Special District shoreline environment. It is necessary to correct these inconsistencies. The Jefferson-Port Townsend Shoreline Management Advisory Commission has requested the City Council to begin a public process that would determine if the SMP should be amended to address the inconsistencies between the SMP and UWP. In 1988, Jefferson County and the City of Port Townsend reached a settlement with the Washington State Department of Ecology on the appeal concerning the proposed Union Wharf redevelopment project. One condition of that appeal was to adopt certain amendments to the SMP which specifically authorized the Union Wharf project. Now, as that the project proponents have failed to proceed and the permits have expired, the special amendments made then appear inappropriate. Thus, these amendments should be revised. (Port Townsend, November 1992) 10. A 1990 study by the Jefferson County Economic Development Council, "A Survey of the Economic Impacts of the Marine Trades Industry in Jefferson County," documents that the marine trades industry in Jefferson County is a major component of the local economy. There is a direct connection between commercial vessel storage and repair facilities and the need for preserving shoreline properties for water-dependent uses in order to maintain a strong marine trades economy. Properties in the Port Townsend Urban Waterfront Special District that are particularly well suited for these uses are the Boat Haven Marina and Point Hudson Marina Districts. The Port Townsend School District has recently received a $400,000 federal grant to fund a Magnet Training Center. The purpose of the Center is to integrate schools and the business community in a partnership in vocational training. A primary target of the Center is to provide vocational training for high school students interested in working in the marine trades. The Center will also provide classes and additional training for marine trade employees. A 1992 report prepared for the Port of Port Townsend evaluates the feasibility of increasing the capacity of marine haulout facilities at the Boat Haven port property. Enhanced haulout facilities will allow existing and new marine trade businesses to service a class of vessels that will constitute new clients, which could allow Port Townsend firms to service over 96 % of the commercial and recreational fleet based on the west coast. The report states that "this activity will create between 70 and 97 new jobs. Marine trades employment is especially important to the community as it has one of the highest average annual wages per employee of all economic sectors." A statistically validated 1991 Citizen survey undertaken in 1991 by the Port Townsend Main Street Project found that the uses citizen respondents felt were most appropriate for the Port Townsend commercial waterfront include: open space (86%), boat repair (85 %), boat building (84%), other marine related uses (84%), restaurants (76%) and festivals (72%). Uses respondents felt were not appropriate for the waterfront included R.V. parks (81%), condominiums (74%), and apartments (72%). Public testimony on recent shoreline permits have indicated public concern about the loss of traditional shoreline uses. Many of these uses are essential to the traditional fishing and boat building/repair businesses which continue to be a mainstay of our local economy. These uses, which must be on the shoreline to survive, are often displaced by the economic pressures of tourist facilities and residential developments. The current SMP fails to address this concern and actually favors residential uses over some water-oriented uses. The current SMP fails to recognize certain District's unique suitability to accommodate preferred uses such as water-dependent and water-related uses, while other districts could further increase water-enjoyment uses. Therefore, the SMP should provide for 2 (Port Townsend, November 1992) preservation of future opportunities for uses which require a waterfront location, uses which might otherwise be lost to shoreline development for other uses. 11. The Commercial Historic District, however, has very few water-dependent uses today. In this area, permitting non-water dependent uses appears appropriate and may further promote renovation and adaptive reuse of existing buildings in the District, thereby economically assisting historic preservation and improved public safety though seismic strengthening projects in these buildings. 12. The Shoreline Management Act (RCW 90.58.020.7) states in part that, "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline...shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to the shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state." 13. Administrative rules implementing the Shoreline Management Act (WAC 173-16-040-(4)) states that, "Because shorelines suitable for urban uses are a limited resource, emphasis should be given to development within already developed areas and particularly to water- dependent industrial and commercial uses requiring frontage on navigable waters." The proposed amendment recognizes the unique suitability of certain areas to accommodate preferred shoreline water dependent or related uses while also encouraging a broad range of urban uses, such as commercial and transient uses in the Historic Commercial District. 14. The proposed amendments are designed to meet the Department of Ecology's suggestions for preparing Master Program revisions for mixed use projects. As stated in Ecology's Shoreline Management Guid~b00k (1990), "Mixed use developments can be a tool for achieving increased water-dependent activities, civic revitalization and public access on the shoreline." Now, Therefore, the Port Townsend City Council ordains as follows: Section 1, Subsection 4.105, "Urban," of the Jefferson-Port Townsend Shoreline Master Program (SMP) is hereby amended to read as follows: Definition The urban environment is an area of high intensity land use, including residential, commercial, and industrial development. Urban shorelines should be designated for high intensity uses. o~ 3 (Port Townsend, November 1992) -'"': t~-:' ..... :'~-':"' '~ .... ' ...... The urban designation may also be applied to areas of lower intensity use where the surrounding land use is urban and urban services are available. Section 2. Subsection 4.106, "Port Townsend Urban Waterfront Special District," Shoreline Master Program is hereby amended to read as follows: 4.106 PORT TOWNSEND URBAN WATERFRONT SPECIAL DISTRICT Def'mition Within the urban shoreline environment is the Special District designation of the Port Townsend Urban Waterfront. This district encompasses and includes ,u e.^.,:_~ s a_:_,-.. ,_~, the Port of Port Townsend vroverties at Point Hudson. includim, that portion fronting Admiralty_ Inlet. and follows the waterfront along Port Townsend Bay to and including the Port of Port Townsend properties at the Boat Haven. and extending to the western edge of the Urban weflamJ District. The zone is the most intensely developed waterfront area in the city and includes two major marinas, water dependent and related commercial and industrial uses, as well as the Water Street Historic District. In addition to the policies and standards that follow, the Special District is subject to the policies and standards contained in the urban shoreline environment (Subsection 4.105). If the provisions of this Subsection are specifically inconsistent with any other provisions of this program, the provisions of this Subsection will apply. Townsend Urban Waterfront Plan (UWP) describes the district in greater detail and is inco _rporated herein by reference. The UWP delineates the district into eight subdistricts from southwest to northeast: 5. 6. 7. 8. Urban Wetland District Boat Haven Marine District Regional Service Commercial District Bluff Narrows Commercial District Ferry. Retail District Historic Commercial District Civic District Point Hudson Marina District The boundaries of these subdistricts are described by the map appended hereto as "Appendix C." (Port Townsend, November 1992) The Historic Commercial District is the urban commercial core of the community and is dominated by activities and businesses that are not dependent on a waterfront location. However. water-related and water-en_ioyment activities do exist in the form of parks, restaurants. ~trCC~-en{l beaches, and piers that afford an opportunity to enjoy the town's shoreline amenity. Existing develop_ ment in the remaining seven districts ranges from traditional maritime, water- dependent uses to newer transitional uses. principly transient accommodations and residential buildings. Several parcels present 0pportunitie$ for development of water-dependent, or at least water- oriented uses. General Policies A mixture and variety of uses and activities in the Port Townsend Urban Waterfront District is encouraged, particularly those that: Are water-dependent or water related uses or are accessory to or support water dependent and/or water related uses. Provide an opportunity for the public to actively or passively enjoy the community's waterfront amenity. Blend with or enhance the character and flavor of the Port Townsend Urban Waterfront. Provide a physical link or connection open to the public between the upland and the shoreline. Are supportive and reinforcing of the design and architectural qualities of the Water Street National Historic District when located within or adjacent to its boundaries. A public pedestrian walkway system should be established along the Special District's waterfront utilizing a combination of natural beaches, boaiatv,~, pathways, piers, wharves, street-ends, sidewalks, stairways, or other improvements. Although it may not be feasible for the walkway system to be continuous throughout the entire area, it should promote quality pedestrian access to and along major portions of the waterfront. The street-ends of Thayer, Decatur, Keamey, Gaines, Scott, Walker, Calhoun, Tyler, Adams, Quincy, and Monroe Streets should, at a minimum, become developed access points to the shoreline. Linkage between these street-ends should be determined by the physical characteristics of the shorelines, existing development patterns, potential for structural improvements, and other factors relevant to developing a continuous pedestrian system. Existing piers and wharves along the Port Townsend Special District waterfront should be refurbished or rebuilt in order to maintain a modern-day link with the community's maritime history. The refurbishment or redevelopment of existing pier and wharf structures ma)' ......... }, ............. ,~ ,., ............ ,,, ,, ..... v,,,,~,,, ....... t,~,,t ,,,ut (Port Townsend, November 1992) new over-water structures ~1.~11 S ~ be developed only to serve water-dependent uses. Existing water-dependent and water-related uSes should be preServed and protected as Critical elements of the traditional and current economy of the city. as well as elements which ~lefine the cha/acter of the community.. Except within the Hist0ri¢ Commercial District, new residential or transient accommodation developments should not be allowed unless as part of a mixed-uSe project incorporating water-dependent, water-related or water-enjoyment uses. Properties within the Boat Haven Marina District should preServe water-dependent or publicly oriented recreational uSes along the shoreline and foster adjacent upland water- relato;l ¢ommer¢ial and water-related industrial uSes which are necessary_ to sup_mart an economically viable Port District. 7. Properties within the Point Hudson Marina District should preserve or protect existing water-oriented uSes. New development or redevelopment should be designed to provide for water,related uses in conjunction with a variety of other water,enjoyment uses, Performance Standards 1. Development shall be limited to thoSe uSes which can be classified as a water-dependent. water-related or water-enjoyment uSe. Non-water-oriented development, while not preferred, may also be authorized as a conditional use provided said development recognizes the public access directive of the Shoreline Management Act and makes provisions for the public's continued and enhanced enjoyment of the shoreline. Such provisions could be the preservation of shoreline views, the establishment of a public access easement across and to the shoreline, enhancement of an adjacent street-end or park. or other consideration commensurate with the degree of impact caused by the development. 0 New structures or exterior alterations of existing structures located within or immediately adjacent to the Water Street Ha'dc, nrA Historic Commercial District shall not detract from the design and architectural integrity of the district. To this end, plans for development shall include exterior elevations with enough design details to be evaluated by appropriate historic preservation agencies. Public access provisions shall include consideration for both physical and visual access to the shoreline. Said provisions shall be coordinated with the Port Townsend taades Planning and Building Department and planned in conjunction with th..e mn apprc, vcd Comprehensive Public Access Plan~ and shall provide a link between the 6 (Port Townsend, November 1992) 2. 32.0 0 shoreline and upland and/or connect with adjacent access provisions as exists or are planned. The setback for non-water dependent elements of developments within the Port Townsend Urban Waterfront Special District shall be a minimum of fifteen (15) feet from the ordinary high water mark, except for those structures within the Water Street Historic Commercial District where there is no standard minimum setback from the ordinary high water mark. public ..... higher...~:~ ....... .... '~- ~mm,. ~ ~u~t to ~e ~ific height limits of ~e s~i~ overlay dis~ct adopt~ in ~e Urb~ Waterfront PI~ ~d c~ifi~ in ChKoter 17.24 of · e Pon Town,nd Municip~ C~e The redevelopment and revision of existing wharves and piers may be permitted to serve water dependent or water related uses. Water enjoyment ~'~ ~.~ ,,~,,, ,,~,.~ ~.,~,.~,,~,~., UseS may be authorized as conditional uses on these structures, provided such uses are integrated elements to an overall redevelopment plan meeting all of the following conditions: Re bo ho The redevelopment is to an existing, contributing structure within the Water Street National Historic District as recognized by the National Trust for Historic Preservation. The structure is recognized by appropriate historic preservation agencies as having local and state-wide historic significance. The structure has an established history of mixed uses, both water oriented and non-water oriented uses. The redevelopment does not exceed the structure's historic, over-water footprint. Buildings and other structures located on the wharf or pier are approved by appropriate historic preservation agencies as being compatible and reinforcing of the architectural integrity of the historic district. A significant element or component of the developed area is dedicated to water dependent and water-related uses. At least one-third of the pile supported structure including a perimeter walkway is dedicated for public access and enjoyment of the shoreline. All public access provisions shall be complete and available for public use upon completion of the first component of the development. The redevelopment will not result in a reduction in the amount of physical public access to and over the water as currently exists. The City of Port Townsend shall be a party to a binding agreement to guarantee that public access and enjoyment provisions are continuously maintained. 7 (Port Townsend, November 1992) New development or redevelopment within the Boat Haven Marina District shall be limited tO water-dependent or water-related uses. New d~v¢lopment or redevelopment within the Point Hudson Marina District shall be limited to water-oriented uses. Residential or transient accommodation uses may be permitted as a conditional use. provided that each of the following conditions are met in addition to those criteria Set forth in Subsection 4.203. Residential and transient accommodation uses shall not occupy any portion of the ground floor of any buildings. Accessory_ uses. such as lobbies, which provide servic, e~ or ~CC~SS tO residential or transient accommodations are allowed on the ground floor. A minimum of fifty l~reent (50%) of the total ground floor area of all buildings which include any residential or transient uses shall be reserved on a continuous b~$i$ for water,oriented uses. except in the Bo~t Haven Marina and Point Hudson Marina Districts. Exceptions to #9 above: i. Residential and transient accommodation uses in the Historic Commercial District are primary_ uses and shall not rmuire a conditional use permit. but shall not contain residential or transient accommodation uses on the ground floor. The Historic Commercial District is exempt from the 50% requirement for providing water-oriented uses in buildings, provided the ground floor is reserved for commercial retail or service uses permitted by the underlying zoning. Properties located between Gaines Street and the western boundary of the Historic Commercial District which are on the upland side of Water Street are also exempt from 9Co) above, Pre-existing structures shall not be required to provide water-oriented uses for a minor addition, remodel or alteration when it will not increase the floor area more than twenty percent (20%~ of the total floor area of the existing gmcture as it exists at the time of adoption of this provision. 8 (Port Townsend, November 1992) 10, Incentives tO protect and encourage pier and wharfs: Th~ floor area of any existing pier or wharf which provides water-dependent or publicly oriented recreational uses may be substituted for up to one-half of the rea_uired floor area develo_oed on the uplands for water-oriented uses. The floor area for any new wharf or pier constructed to serve water-dependent 9r publicly oriented recreational uses can be substituted for a 1:1 replacement of the $0% floor area rea_uirement of providing water- oriented uses on the ground floor. Pl!bli¢ access shall be provided to piers and wharfs under a & b above unless incompatible commercial operations on the structure preclude it. 11, Uses allowed on piers and wharfs: a. Water-de_~ndent uses or publicly oriented recreational uses shall be allowed on piers and wharfs as a primary_ use. b_. Water-related uses which provide necessary_ support services to water-dependent uses may be allowed on piers and wharfs as a conditional use. c. No uses other than 11 ta.~ and (b.) above shall be allowed over water except as described in Performance Standard 6 (a-i) above. Section 3. Subsection 4.40, Classification Table, of the Jefferson-Port Townsend Shoreline Master Program is hereby amended to read as follows: 4.40 CLASSIFICATION TABLE The environmental designation and developments and uses matrix on the following page provides a graphic representation of the policies and performance standards contained in this Master Program by indicating project classifications. The matrix lists various uses that can occur within the shoreline environment on the left column. Environmental designations (obtained from Appendix "A" and "B" for any specific location in the county or city) are listed across the top. The classification is determined by following a use line and a designation line to their mutual intersectiOn. The classification of a project determines the level of review that it will receive. The matrix provides a guide for the classificatiOn of Project proposals. 9 (Port Townsend, November 1992) ENVIRONMENTAL DF_~IONATION$ URBAN PTUW SUBURBAN CONSERVANCY NATURAL AQUATIC ADVERTISING On-premise S _S $ S X C Off.-p~ C X C C X X AGRICULTURE S _S S P C N/A AQUACULTURE S _S S P C P BOAT LAUNCHES P P P S C <-- COMlVIERCIAL Water-~lated and/or d~t and/or P Non-water dependent C _C 4 C C X X DOCKS, PIERS, AND I~OAT$ $ _S S S C <-- DRP-DOING S _S S C X < -- FOREST MANAOEIvfl~rr S _S P P C N/A INDUSTRIAL AND PORT FACIL~ Water r~lated and/or dq~nd~nt P _P S C X <- Non-water dependent $ S C C X X LANDFILLS Uphmd P Aquatic S S C C X < - MARINAS P _P S C X < -- MININO C =.C C C X MOORING BUOYS S S P P C <-- PARKING FACILri'IES Vistas S _S P P C C Non-vistas S S $ C C C RECREA~NAL FACILITIES Over-night P P $ S X X Day use P P P S C RF~IDF_.NTXAL DEVELOPMENT C=_2 C~ P S X X SCIeNtIFIC AND EDUCATIONAL FACILITIES P _P P P S SHORE DEF~4SE WORKS S S S S C C TRANSPORTATION FACILITIES P _P S C C ~-- UTILIT~_~ P _P S C C C ~tJW - po~ Townsend Urban Waterfront Specisl District 10 (Port Townsend, November 1992) 2.37-° Section 4. Section 8, Program Revisions, is hereby amended to read as follows: SECTION 8 PROGRAM REVISIONS In order to comply with RCW 90.58.190, JefferSOn County and the City of Port ToWnsend shall periodically review this Master Program and make such adjustments that are desirable or necessary. Any such revisions or adjustments shall be submitted to the Washington State Department of Ecology only after completion of at least one public hearing in accordance with the requirements set forth under WAC 173-19, and upon favorable recommendation of the JefferSOn County Board of Commissioners and the Port Townsend City Council: provided however, that either any r~visi0n or adjustment which applies only within the County or only within the City need not be submitted for recommendation to the unaffected jurisdiction. No such revision or adjustment shall become effective until it has been approved by the Washington State Department of Ecology. Section 5. 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 6. Effective Date. This ordinance shall become effective five days after its passage and publication. Rea~l~,RS'f~he first, second and third time times and passed by the City Council of the City of P sen ashington, at a regular meeting thereof, held this 28th day of October, 1992. John lVl-. Clise, Mayor ATTEST: ~~ David A. Grove, City Clerk Approved as to~~. , Y Y 11 (Port Townsend, November 1992) S~__mm~~aw of Ordinance 2320, Amendments to the Townsend Shoreline Management Master Program Jefferson-Port Pu _n)ose At the request of the Jefferson-Port Townsend Shoreline Management Advisory Commission, the Port Townsend City Council initiated amendments to the Jefferson-Port Townsend Shoreline Master Program. The purpose of the amendments is to remove an inconsistency within the current Jefferson-Port Townsend Shoreline Management Master Program (SMP) with respect to residential developments in the Urban Environment, and to address specifically development of residential and transient accommodations within the Port Townsend Urban Waterfront Special District. The policy foundation for the amendments rests on the concern for the future of the marine trades industry--a traditional and vital part of the local economy. In its adoption of Ordinance 2320, the City Council made the following findings: In 1990, the City Council adopted the Port Townsend Urban Waterfront Plan (UWP) to protect the cultural, historic, aesthetic, and environmental quality of the City's waterfront. Although the plan and its implementing ordinances provide design guidelines and a special height overlay, it does not include development policies for waterfront residential or transient accommodation uses. Waterfront residential development is reviewed for consistency under the policies and performance standards of the Jefferson County-Port Townsend Shoreline Management Master Program (SMP). It is necessary and desirable to augment the plan by amending the SMP with respect to permitted and conditional uses. The current SMP contains inconsistent provisions regarding whether residential development requires a conditional use permit in order to be developed in the Port Townsend Urban Waterfront Special District shoreline environment. It is necessary to correct these inconsistencies. The Jefferson-Port Townsend Shoreline Management Advisory Commission has requested the City COuncil to begin a public process that would determine if the SMP should be amended to address the inconsistencies between the SMP and UWP. In 1988, Jefferson County and the City of Port Townsend reached a settlement with the Washington State Department of Ecology on the appeal concerning the proposed Union Wharf redevelopment project. One condition of that appeal was to adopt certain amendments to the SMP which specifically authorized the Union Wharf project. Now, as that the project proponents have failed to proceed and the permits have expired, the special amendments made then appear inappropriate. Thus, these amendments should be revised. 5. A 1990 study by the Jefferson County Economic Development Council, "A Survey of Summary November 4, 1992 Page 2 e 10. the Economic Impacts of the Marine Trades Industry in Jefferson County," documents that the marine trades industry in Jefferson County is a major component of the local economy. There is a direct connection between commercial vessel storage and repair facilities and the need for preserving shoreline properties for water-dependent uses in order to maintain a strong marine trades economy. Properties in the Port Townsend Urban Waterfront Special District that are particularly well suited for these uses are the Boat Haven Marina and Point Hudson Marina Districts. The Port Townsend School District has recently received a $400,000 federal grant to fund a Magnet Training Center. The purpose of the Center is to integrate schools and the business community in a partnership in vocational training. A primary target of the Center is to provide vocational training for high school students interested in working in the marine trades. The Center will also provide classes and additional training for marine trade employees. A 1992 report prepared for the Port of Port Townsend evaluates the feasibility of increasing the capacity of marine haulout facilities at the Boat Haven port property. Enhanced haulout facilities will allow existing and new marine trade businesses to service a class of vessels that will constitute new clients, which could allow Port Townsend firms to service over 96% of the commercial and recreational fleet based on the west coast. The report states that "this activity will create between 70 and 97 new jobs. Marine trades employment is especially important to the community as it has one of the highest average annual wages per employee of all economic sectors." A statistically validated 1991 Citizen survey undertaken in 1991 by the Port Townsend Main Street Project found that the uses citizen respondents felt were most appropriate for the Port Townsend commercial waterfront include: open space (86 9[), boat repair (85 %), boat building (84%), other marine related uses (84%), restaurants (76%) and festivals (72%). Uses respondents felt were not appropriate for the waterfront included R.V. parks (81%), condominiums (74%), and apartments (72%). Public testimony on recent shoreline permits have indicated public concern about the loss of traditional shoreline uses. Many of these uses are essential to the traditional fishing and boat building/repair businesses which continue to be a mainstay of our local economy. These uses, which must be on the shoreline to survive, are often displaced by the economic pressures of tourist facilities and residential developments. The current SMP fails to address this concern and actually favors residential uses over some water-oriented uses. The current SMP fails to recognize certain District's unique suitability to accommodate preferred uses such as water-dependent and water-related uses, while other districts could Summary November 4, 1992 Page 3 further increase water-enjoyment uses. Therefore, the SMP should provide for preservation of future opportunities for uses which require a waterfront location, uses which might otherwise be lost to shoreline development for other uses. 11. The Commercial Historic District, however, has very few water-dependent uses today. In this area, permitting non-water dependent uses appears appropriate and may further promote renovation and adaptive reuse of existing buildings in the District, thereby economically assisting historic preservation and improved public safety though seismic strengthening projects in these buildings. 12. The Shoreline Management Act (RCW 90.58.020.7) states in part that, "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline...shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to the shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state." 13. Administrative rules implementing the Shoreline Management Act (WAC 173-16-040-(4)) states that, "Because shorelines suitable for urban uses are a limited resource, emphasis should be given to development within already developed areas and particularly to water- dependent industrial and commercial uses requiring frontage on navigable waters." The proposed amendment recognizes the unique suitability of certain areas to accommodate preferred shoreline water dependent or related uses while also encouraging a broad range of urban uses, such as commercial and transient uses in the Historic Commercial District. 14. The proposed amendments are designed to meet the Department of Ecology's suggestions for preparing Master Program revisions for mixed use projects. As stated in Ecology's Shoreline Management Guidebook (1990), "Mixed use developments can be a tool for achieving increased water-dependent activities, civic revitalization and public access on the shoreline." Public Process The following public meetings were conducted in consideration of the proposed amendments: September 30 Shoreline Master Program Advisory Commission: Public Workshop October 14 Shoreline Master Program Advisory Commission: Public Hearing Summary November 4, 1992 Page 4 October 21 Shoreline Master Program Advisory Commission: Unanimous Recommendation October 26 Port Townsend City Council/Jefferson County Board of Commissioners: Public Hearing on Recommendations of the Shoreline Advisory Commission October 28 Port Townsend City Council: Unanimous adoption, as mended November 2 Jefferson County Board of Commissioners: Unanimous adoption Public notice was published in the Port Townsend Leader on September 23, September 30, and October 7. The notice was also posted on September 21 at City Hall, the Jefferson County Courthouse and the Post Office Building. In addition, a mailing list was developed of all those who requested a draft of the ordinance or attended meetings. As the draft was revised, copies were mailed to those on the mailing list. The Jefferson County Board of Commissioners has adopted the amendments by Resolution 106- 92. The amendments have been submitted to the Washington State Department of Ecology (DOE) for approval. The amendments are not effective until approval by the DOE and further amendments may be included in such approval. As a part of DOE review, the Washington State Ecological Commission is expected to schedule a hearing in Port Townsend in December. Notification of the hearing will be published in the Leader. It is anticipated that state approval will occur by February 2, 1993. Provisions Ordinance 2320 incorporates by reference the Port Townsend Urban Waterfront Plan into the SMP, including the eight subdistricts and map. The policies of the Port Townsend Urban Waterfront Special District are revised and expanded to encourage preservation and development of water-dependent, water-related and water-enjoyment uses. Development of residential or transient accommodation uses are generally restricted to mixed-use developments with water-oriented uses. New performance standards restrict development in the Boat Haven and Point Hudson Marina Districts to water-oriented uses (water-dependent and water-related only in the Boat Haven Marina Distric0. Residential and transient accommodation uses are not allowed in the Boat Haven Marina District and the Point Hudson Marina District, but are allowed as a primary use in the Summary November 4, 1992 Page 5 Historic Commercial District, or as a conditional, mixed-use in the remaining areas of the Port ToWnsend Urban Waterfront Special District. Where residential or transient accommodation uses are allowed, specific mixed-use provisions are set forth in the ordinance. Specifically, if a proposed development is to include residential or transient accommodation uses, the ground floor must be occupied by other uses and at least 50% of the ground floor area must be reserved for water- oriented uses. Water-oriented uses is a broad category of uses defined in the SMP and includes restaurants, museums, marine-related retail shops, and a host of public uses which provide for interaction of people with the shoreline for leisure and enjoyment. Exceptions are included for the Historic Commercial District in which a conditional use permit is not required, provided the ground floor is reserved for commercial retail sales or services. Minor additions to pre-existing structures are also exempt throughout the Special District, as is a described area upland of Water Street between Gaines Street and the western boundary of the Commercial Historic District. The use classification table is revised to reflect the new provisions of the SMP. Incentives are included to protect and encourage development of piers and wharfs by allowing certain substitutions of floor area of new or existing piers or wharfs for the required ground floor area otherwise reserved for water-oriented uses. Water-dependent uses or publicly oriented recreational uses are allowed on piers and wharfs as a primary use, while water-related and other water-enjoyment uses must meet specified conditional use criteria. Procedures for future revisions of the SMP are revised to provide that a revision or adjustment which applies only within the County or only within the City need not be submitted for recommendation to the unaffected jurisdiction. The foregoing summary is published to provide a simplified overview of Ordinance 2320, but should not be relied upon as a substitute for the Ordinance itself. Copies of Ordinance 2320 are available without charge at City Hall, 540 Water Street, Port Townsend. Copies of the Jefferson-Port Townsend Master Program are available at a nominal charge.