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HomeMy WebLinkAbout2216 Urban Waterfront Plan and Establishing Special Height and Design Guidelines Overlay Zones in Historic and Central Business DistrictsORDINANCE NO. 2216 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO ZONING, ADOPTING THE CITY'S URBAN WATERFRONT PLAN AND AMENDING TITLE 17 OF THE CITY'S MUNICIPAL CODE TO ESTABLISH SPECIAL HEIGHT AND DESIGN GUIDELINES OVERLAY ZONES IN THE CITY'S HISTORIC AND CENTRAL BUSINESS DISTRICTS. WHEREAS, on June 5, 1990, with Ordinance No. 2192, the City Council of the City of Port Townsend (the "City") enacted interim zoning controls (the "Interim Zoning Controls") to preserve the status quo while the City reexamined its land use policies in light of potential adverse affects on the City's Historic and Central Business Districts of large-scale developments; and WHEREAS, the City subsequently extended the Interim Zoning Controls during its planning process; and WHEREAS, while the Interim zoning Controls were in effect, the City engaged Stastny and Burke Architecture, a Portland based consulting firm, and Hudson and Jelaco, a Seattle based consulting firm, to assist the City in reexamining its land use policies with respect to the Historic and Central Business Districts; and WHEREAS, on September 25, 1990, the City issued a Draft Urban Waterfront Plan (the "Draft Plan") and Draft Environmental Impact Statement ("DEIS"); and WHEREAS, on October 10, 1990, the City held a public open house and hearing on the Draft Plan and DEIS; and WHEREAS, the City received public comments on the Draft Plan from September 26,.1990, to October 25, 1990; and - 1 - (Port Townsend, 12/90) WHEREAS, on November 18, 1990, the City Council and City Planning Commission held a joint public hearing on the proposed ordinances to implement the Urban Waterfront Plan (the "Plan"); and WHEREAS, on November 29, 1990, the City Planning Commission issued its final recommendation on the Plan to the City Council and recommended that the Plan be adopted; and WHEREAS, the Plan provides for the establishment by the City of special overlay districts within the Historic and Central Business Districts which impose specially tailored height requirements and design guidelines on property located within certain subdistricts which differ from those imposed under existing zone classifications; and WHEREAS, the City Council finds that it is in the best interest of the City to adopt the Plan and establish the special overlay districts provided for in the Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES ORDAIN AS FOLLOWS: Section 1. The Port Townsend Urban Waterfront Plan: Preferred alternative, dated November 8, 1990 (the "Plan") is hereby approved and adopted in its entirety and is incorporated herein by this reference as if set forth herein in its entirety. Section. 2. In furtherance of the Plan, Title 17 of the Port Townsend Municipal Code (the "Code") is amended by the addition of - 2 - (Port Townsend, 12/90) a new chapter, Chapter l?.xx, entitled "Overlay Districts," which shall read as follows: Chapter 17.xx OVERLAY DISTRICTS Sect~Qn~: 17.xx.010 Overlay Districts Generally. 17.xx.020 Application of Regulations. 17.xx,.0~0 .OVerlay. .Districts Generally. Overlay Districts are established to protect, maintain and enhance the unique physical and cultural resources and character of the City of Port Townsend. i?.XX.0~O Application of Regulations. Property located within an overlay district as defined in this Code and shown on the official overlay maps of the City of Port Townsend is subject both to its zone classification regulations and to the additional requirements imposed for the overlay district. In any case where the provisions of an overlay district conflict with the provisions of the underlying zone, the overlay district provisions shall apply. Section 3. Title 17 of the Code is further amended by the addition of a new chapter, Chapter 17.yy, entitled "Special Height Overlay District," which shall read as follows: Chapter 17.yy SDecial Height Overlay District Sections: 17.yy.010 Purpose. 17.yy.020 Boundaries of District -- Height Overlay Subareas. 17.yy.030 Development Standards. 17.yy.040 Application of Regulations. 17.yy.010 Purpose. The purpose of this chapter is to establish a "Special Height Overlay District" which will protect the visual and physical prominence of the Bluff which is a unique and dominant land form of the City of Port Townsend. - 3 - (Port Townsend, 12/90) 17,yy,020 Boundaries o~ .District .~-Heiqht Overlay Subdistricts. The Special Height Overlay District shall extend from the Waterfront to the top of the Bluff and shall be divided into certain subdistricts as described in Section 17.yy.030 of this chapter. The boundaries of the Special Height Overlay District and the Height Overlay Subdistricts are shown on the "Official Height Overlay Map," which is hereby made a part of this title, just as if such information set forth on the map were fully described and set out herein. The Official Height Overlay Map, attested by the signatures of the Mayor and the City Clerk, with the seal of the City affixed, shall be kept on file in the office of the building official, and shall be available for inspection by the public. 17.yy.030.DeVe!opment Standards. A. No structure shall be erected, or altered, in any area defined in this section to a height in excess of the limits established in this section unless otherwise provided. B. The maximum building heights in each of following described subdistricts of the Original Townsite of Port Townsend shall be as follows: Subdistricts: Ail within the Original Townsite of Port Townsend. Blocks 2, 47, 50, 95 and 98 (Pt. Hudson) Block 94 (Pt. Hudson) Block 99 (Pt. Hudson) and Lots 1,3, & 5-8 of Block 45 Block 4 Block 5 Block 6 Blocks 7, 8, 9, 40, 41 and 42 Blocks 10 and 38 Blocks 11 and 52, plus Lots 2 & 4 of Block 45 Block 12 Blocks 36 and 44 Block 37 Block 39 Maximum Height in Feet 25 32 34 3O 36 46 5O 46 37 35 4O 42 48 - 4 - (Port Townsend, 12/90) Subdistricts: Ail within the original Townsite of Port Townsend. Maximum Height in Feet Block 43 47 Blocks 93 and 100 The subdistrict bounded on the southeast by Washington Street, on the northeast by Quincy Street, and on the northwest by the face of the Bluff The subdistrict bounded on the southeast by Washington Street, on the southwest by Quincy Street, on the northeast by Monroe Street, and on the northwest by the face of the Bluff 43 50 45 17.¥y.04.0 Application of Regulations. Ail properties located within the Special Height Overlay District shall be subject to both its underlying zone classification and to the requirements imposed by the Special Height Overlay District. In any case where the provisions of the Special Height Overlay District conflict with the provisions of an underlying zone, the more restrictive height limitation shall apply. Sec~io~ 4. The Code is further amended by the addition of a new chapter, Chapter 17.zz, which chapter shall beentitled "Waterfront Design Guidelines Overlay District" and shall read as follows: Chapter. ~7.zz waterfront Design Guidelines Overlay District Sections: 17.zz.010 Purpose. 17.zz.020 Definitions. 17.zz.030 Subdistricts -- Boundaries. 17.zz.040 Design Review -- Application, Review and Appeals. 17.zz.050 Design Review Guidelines -- Overall. 17.zz.060 Design Review Guidelines -- Subdistricts. 17.zz.070 Limitation on Actions. 17.ZZ,0t0 PurPoMe. The purpose of this chapter is to establish the Waterfront Design Guidelines Overlay District to protect, maintain and enhance the diversity of the Waterfront - 5 - (Port Townsend, 12/90) area of the City and the unique characteristics of certain subdistricts within that area. 17.ZZ.020 Definitions, A. Urban Waterfront Plan. The "Urban Waterfront Plan" or the "Plan" referred to in this chapter means the Port Townsend Urban Waterfront Plan: Preferred Alternative, dated November 8, 1990, and adopted by Ordinance No. 2216 on December 4, 1990, as revised and published as the "Port Townsend Urban Waterfront Plan" pursuant to Section 5 of Ordinance No. 2216. The City shall refer to the Plan to assist in interpreting and determining the intent of the design guidelines established in this chapter. B. Shoreline Master Program. The ',Shoreline Master Program" referred to in this chapter means the Shoreline Management Master Program for Jefferson County and Port Townsend, Washington, adopted March 7, 1989, or as hereafter amended. 17.zz.030 Subdi~tricts -- Boundaries. The Waterfront Design Guidelines Overlay District shall be divided into subdistricts as follows: A. Urban Wetlands District B. Boat Haven Marina District C. Crossroads District D. Bluff Narrows District E. Ferry Retail District F. Historic Commercial District G. Civic District H. Point Hudson Marina District The boundaries of the Waterfront Design Guidelines Overlay District and the subdistricts are shown on the "official Waterfront Design Guidelines Map," which is hereby made a part of this title, just as if such information set forth on the map were fully described and set out herein. The Official Waterfront Guidelines Map, attested by the signatures of the Mayor and the City Clerk, with the seal of the City affixed, shall be kept on file in the office of the building official, and shall be available for inspection by the public. - 6 - (Port Townsend, 12/90) 17.ZZ.040 Design Review -- ADplication. Review and Appeals. A. Certificates of Review Required. No person shall alter, demolish, construct, reconstruct, restore, remodel, or make any visible change to the exterior appearance of any structure or to the public rights-of-way or other public spaces in the Waterfront Design Guidelines Overlay District, and no one shall remove or substantially alter any existing sign or erect or place any new sign within the Waterfront Design Guidelines Overlay District, and no City permit or approval for such activity shall be issued unless a Certificate of Review has been issued by the City's Historic Preservation Commission ("HPC") created by ordinance No. 2035 and codified in Chapter 2.72 of this Code. Emergency repairs, ordinary maintenance and repairs, interior remodelling or decorations are exempt from the requirements of this chapter. There are no other exceptions to the requirement of a Certificate of Review. B. Optional Design Review. Design review will be provided by the HPC for projects located outside the Waterfront Design Guidelines Overlay District, but within the Urban Waterfront Planning Area, at the option of the project proponent. C. Pre-application Consultation. Pre-application consultations with HPC staff are strongly recommended to assist project proponents in achieving acceptable designs and to facilitate timely review. Project proponents should contact the HPC as early as possible in the design phase and arrange for a meeting to discuss the design guidelines and the review process. D. Application. Application for design review shall be submitted to the HPC at the building department and shall consist of a completed application on a form prescribed by the HPC, accompanied by a site plan showing the location of the building or buildings, parking, exterior lighting, signs and landscaping; exterior elevations of the front and side with a description of the type and finished color of exterior siding, windows, and roofing to be used; detailed drawings or architectural features, signs and trim; and "as is" photographs of the subject building or site and adjacent structures. All diagrams shall be drawn to scale. The HPC may request additional information necessary for their review and recommendation. Applicants for a conditional use permit or variance pursuant to Title 17, or an environmental determination pursuant to Title 19, or a - 7 - (Port Townsend, 12/90) shorelines substantial development permit pursuant to the Shoreline Master Program shall submit their plans for review and recommendation to the HPC at least sixty (60) days prior to the first hearing or meeting of the Planning Commission, Shoreline Management Advisory Commission or Board (City Council) scheduled on the proposed development. Review Process. Upon receipt of a completed application for review, the building official shall notify the HPC and forward the application to its members. The HPC shall set a public meeting time and place as soon as possible to review the application according to the design review standards established pursuant to Sections l?.zz.050 and 17.zz.060 of this chapter. The HPC shall request the applicant, and any design professionals assisting the applicant, to attend the meeting. If the applicant, or the applicant's representative responsible for project design, fails to attend the meeting, an alternate meeting shall be scheduled by the HPC within thirty (30) days of the initial meeting; provided, that in such event, the sixty (60) day review period, prescribed in subsection (5) below, shall not commence from the date of the application but shall instead commence on the date to which the meeting on the subject application is continued. Failure of the applicant, or the applicant's representative responsible for project design, to attend both the initial and the continued meeting set for review of the application shall constitute a failure of the application requirements and no permits shall be granted by the City on the project unless and until the applicant has reapplied for review and obtained a Certificate of Review under this chapter. The HPC may schedule additional meetings as it may find necessary and desirable to complete its review. The HPC may, in the execution of its review, assign any portion of the review of any application to any member or committee of the HPC; provided, that final action to issue a Certificate of Review shall be made by a majority vote of a quorum of the HPC. - 8 - (Port Townsend, 12/90) Upon receipt of an application for a permit for development s~bject to review under this Chapter, the building official shall a. inform the applicant of the review requirements, b. report receipt of the application to the HPC, c. assist the HPC in considering the building, zoning,shoreline, sign and fire code requirements which may apply to the proposed development, and d. shall not issue any such permit until Certificate of Review has been obtained. a Unless an extension is authorized by the applicant, the HPC shall complete its review within sixty (60) days of receipt of a complete application. In the event the HPC fails to issue a Certificate of Review within such period, a Certificate of Review shall be deemed to have been issued without recommendation as if the HPC had so acted. F. Binding Review. Within the Waterfront Design Guidelines Overlay District, the recommendations of the HPC under this chapter shall be binding on the applicant and compliance with such recommendations is mandatory. For projects located outside the Waterfront Design Guidelines Overlay District electing to participate in the design review process under subsection C, the recommendations of the HPC under this chapter are advisory only and compliance is optional. G. Appeals. Any person may file a appeal from the recommendations of the HPC by paying the required fees and deposits and submitting in writing to the City Council the reasons for the appeal within thirty (30) days of the date the HPC issues a Certificate of Review on the matter or, in the event the HPC fails to issue a Certificate of Review, within thirty days after the expiration of the sixty (60) day review period provided in subsection (E)(5), above. The fee for such an appeal shall be $250, plus the costs of any and all transcriptions, photocopying and notifications required to process the appeal. At the time of filing of an appeal, the appellant shall also make a cash deposit in the amount determined by the City Clerk to defray costs. Valid aDpeals shall be considered and decided by the City Council as follows: Within thirty (30) days of receipt of a valid appeal, the City Clerk shall obtain a complete record and verbatim transcript of the proceedings before the HPC on - 9 - (Port TOwnsend, 12/90) e the matter and distribute copies of same to the City Council. The City Council shall within forty-five (45) days of receipt of the appeal, meet in public session to determine whether or not the record of the HPC on the matter is adequate to make a decision on the appeal. If the City Council determines that the record is adequate, it shall then and there deliberate and decide on the appeal without additions to the record of the HPC. If, however, the City Council determines that the record is not adequate, it shall set forth by resolution the extent to which the record is inadequate and shall either a) remand the matter to the HPC for reconsideration, or b) set a time and place for a public hearing on the appeal. Public notice of the hearing shall be provided in the same manner as that required for a conditional use permit. The City Council may limit testimony and submission of additional information on the appeal to the specific scope of inadequacy of the record cited in its resolution. Standard of Review. In making its decision on the appeal, the City Council shall give substantial weight to the recommendations of the HPC and shall adopt written findings of fact and conclusions in support of its decision. In order to grant any appeal from the recommendations of the HPC, the City Council must find that the Historic Preservation Commission was clearly erroneous in its conclusions or that the HPC failed to adhere to the design guidelines established by this ordinance or as it may be hereafter amended. 17.zz.050 Design Review Guidelines r- Overall. In its review of projects within the Waterfront Design Guidelines Overlay District which are subject to this chapter, the HPC shall be guided by the following Design Guidelines: A. City For~: Designs should acknowledge the role of the shoreline and the bluff as the traditional determinants of the form of the City's development by preserving and continuing the linear organization of the City between the shoreline and the bluff. - 10 - (Port Townsend, 12/90) Be Designs should assist the redirection of the City's focus to the waterfront by enhancing public access to the waterfront, creating public open spaces oriented to the waterfront, and encouraging waterfront uses and activities which are consistent with the carrying capacities of the aquatic environment. e New buildings or redeveloped buildings shall preserve and enhance the City's pyramidal form through compliance with the Special Height Overlay District regulations set forth in Chapter 17.yy of this Code. New development or redevelopment shall follow and enhance the unique character of its environs through compliance with the design guidelines set forth for the subdistricts in Section 17.zz.060 below. New development should recognize the City's historic architectural heritage through the use of building materials, construction methods, building proportions and architectural devices compatible with those used in existing buildings, but should not attempt to replicate existing historical buildings. In the development of streets and parking areas, functional requirements for vehicular movement and parking should not compromise the safety of or inhibit the movement of pedestrians. Streets should have easy and well-marked pedestrian crossings. Parking lots should be small, incremental, well-lit and secure. Pedestrian movement should be enhanced through the location of landscaping, lighting and signage. City ConnectSQns: Property owners are encouraged to make available areas within and around developments where monuments and markers can be established by the City to commemorate historic people and events, mark places of urban celebration, and give visual orientation to users of the City. Designs shall protect views of the water and the Bluff through compliance with the Shoreline Master Program, the Special Height overlay District Regulations set forth in Chapter 17.yy of this Code, and other design guidelines established in this chapter. Any new development or redevelopment of properties adjacent to the shoreline shall comply with the policies and performance standards of the Shoreline Master Program and the Washington State Department of Ecology - 11 - (Port Townsend, 12/90) Ce Shorelands and Coastal Zone Management Program Shoreline Public Access Handbook, relating to visual and pedestrian aocess to and along the waterfront. In furtherance of those policies, public access to and along the waterfront should be coordinated and linked with other public access to create a continuous public walkway along the waterfront described in the Plan as the "Waterwalk". Designs should include and incorporate visual and physical connections between pedestrian spaces and public access areas which encourage easy and inviting movement between adjoining spaces. Designs should incorporate views through developments, where feasible. Any redevelopment of existing public rights-of-way and public access connections along the Bluff line, should preserve, create and enhance vehicular and pedestrian connections between the downtown and uptown areas of the City. Where these conflict, pedestrian considerations should prevail. Civic.Spaces: Streets should be designed to function as public open spaces bordered by buildings, in addition to facilitating traffic movement. Buildings should be designed to enhance the pedestrian experience through the use of such features as building articulation (i.e., variations in building materials, surface texture, windows, doors, porches and other facade features), landscaping, lighting and signage without encumbering the efficient movement and parking of vehicles. Development at street intersections should enhance intersections in ways that extend beyond functional needs through the location of building entries and the incorporation of building details, street lighting, landscaping and signage which respect and conform to the character of existing structures at the intersection. Designs are encouraged to make natural areas and open space accessible to the public in ways that do not destroy or endanger wildlife habitats or water quality. Designs should utilize lighting, furniture and landscaping in a way that natural areas and open spaces can be used in a safe and secure manner. Where possible through public/private partnerships, vacant lots within the City, until developed, should be made available as parks and courtyards which are accessible to citizens and visitors. - 12 - (Port Townsend, 12/90) De Open spaces and enclosed or sheltered public spaces should be designed to be flexible and to accommodate a variety of functions, including both organized use, such as outdoor concerts and group gatherings, and casual use. Se Public open spaces created within the urban waterfront area should incorporate appropriate landscape and hardscape elements in accordance with the character of the subdistrict and the natural environment within which the development is being designed. e Street furniture, lighting and signage should be designed in accordance with the character and predominant theme of the subdistrict in which it is located. Buildings: New construction should preserve and continue the traditional block development pattern of the City by creating buildings that follow in scale and proportion the traditional modularity of existing block faces with buildings constructed to street property lines and main access from the street. In areas immediately adjacent to traditional blocks where the traditional block pattern has not been followed, new development and redevelopment should bedesigned with the same scale and proportions as would be found within the traditional block pattern with buildings constructed to the property line and main access from the street. New structures built between or among existing structures should reflect the principles of design of the surrounding buildings in proportion, composition and detail. New buildings should be designed to fit into the context of the existing block within which they are built and be good "background" buildings, which respect and support existing structures, rather than "image" buildings, which depart significantly in architectural style. To accomplish these goals, building designs should adhere to the following: proportions of the facade should be similar to those of adjacent buildings; existing cornice lines should be continued; storefronts should be aligned; and windows, storefronts and other openings should be in the same proportions as those of adjacent buildings both on upper and ground floor levels. - 13 - (Port Townsend, 12/90) e 4e Design facades for new buildings should build on the qualities of existing facades with predominant attention given to the design integrity of the vertical wall. Designs which incorporate artificial or synthetic decorative detail to replicate historic precedent are discouraged, while designs which utilize traditional materials and craftsmanship to create the same quality and detail that is fundamental to the historic buildings of the district are encouraged. Se In new development or redevelopment building materials should be limited to those predominant materials used in the existing structures within the particular subdistrict as defined in Section 17.zz.030 of this chapter. Synthetic or artificial materials are discouraged in exterior applications. 17.zz.060 Design .Review .GUidelines -- Subdistricts. In addition to the Design Guidelines set forth in Section 17.zz.050 of this chapter, the HPC shall be guided within each of the subdistricts, by the following Design Guidelines: A. Urban Wetlands District: Development shall be limited to uses or activities that protect or enhance "wetlands." For the purpose of these guidelines, "wetlands" are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as more specifically defined at RCW 36.70A.030. Any construction (i.e., trails and access pathways) should be constructed of non-toxic, natural materials, which have low environmental impact. B. Boat Haven Marina District: Roads, walkways and other public areas within this subdistrict shall be designed to address vehicular and pedestrian needs while maintaining the character of this subdistrict. Any new development shall beconsistent with the Port of Port Townsend Comprehensive Management Plan, dated May, 1982, including any amendments and revisions to that plan, and future city plans. - 14 - (Port Townsend, 12/90) Crossroads District: The use of existing and planned pedestrian connections to Kah Tai Lagoon, Water Street and the proposed Jefferson Street Hill Climb described in the Plan shall be encouraged and facilitated through landscaping, paving, signage and lighting. The City shall design and implement landscape treatment of the "Triangles" as a key open space resource of this area. "Triangles" are defined as those publicly-owned parcels of property resulting from the angular intersection of existing streets. Designs are encouraged to enhance pedestrian traffic in this subdistrict without impeding vehicular traffic through the use of paving textures, fencing, landscaping, and signage which make a greater distinction between automobile traffic and pedestrian circulation systems. Designs should enhance public access to and along the shoreline of this subdistrict. Bluff Narrows District: Buildings shall be designed with the building facade set back at least 5 feet at each floor level along the following view corridors: Calhoun Street, Pierce Street, Cass Street, Benton Street and Water Street. This setback will apply from each abutting street right- of-way such that the second floor shall be setback at least 5 feet from the facade of the first floor and each higher floor shall be setback at least 5 additional feet from the facade of the floor immediately below. Streetscape designs must comply with the Streetscape Design/Main Street Project Manual adopted January 17, 1989, by Ordinance No. 2143. Parking lots must provide a 5-foot planted buffer between the lot and all public rights-of-way. Storage areas must be screened from view from all public rights-of-way and the Waterwalk, as defined in the Plan, by 5-foot high fencing or landscaping of equal height and density. e Electrical and communication wiring shall be located underground. Designs should maximize public access provisions between buildings along the Bluff Narrows. - 15 - (Port Townsend, 12/90) Ferry Retail District: New development should acknowledge and continue the continuity of the street facade and the predominance of ground level street-front retail bays along Water Street and enclose or otherwise conceal parking facilities. Street landscaping shall be similar to existing landscaping on other areas of Water Street, including the planting of trees. Landscaping shall be used along the waterfront to screen utility structures, such as dumpsters, oil tanks, and service entrances, from public view. Towers of no larger than 100 square feet in plan may exceed the building height limit by a maximum of 10 feet provided that no building shall exceed a total of 50 feet. e Brick and sheathing materials used in all new construction shall be compatible in color, texture and size with materials used in existing structures within the adjacent Historic Commercial District. Be Building color, signage, lighting and landscaping shall be compatible with, and similar to, those of existing structures within the Historic Commercial District. Designs should encourage and facilitate public access on the water-side of the Ferry Retail District. New development shall provide a similar block pattern as found in the adjacent Historic Commercial District. Buildings should be built to the property line along the following view corridors: Water Street, Polk Street, Fillmore Street, Harrison Street, and Van Buren Street. Elements occurring in public rights-of-way, such as signs, fountains and monuments shall be low in form with vertical elements limited to slender obelisks. HistQric Commercial District: Designs which provide water access, walkways and other water-side improvements are encouraged. Designs should preserve and restore public art and historic signage and art on existing buildings. Towers of up to 100 square feet in plan may exceed the height limit by 10 feet, excluding finials or other - 16 - (Port Townsend, 12/90) Ge architectural features of not more than 5 feet; provided that no building shall exceed a total of 50 feet. Civic District: Streetscape design shall comply with the Streetscape Design/Main Street Project Manual adopted January 17, 1989, by Ordinance No. 2143, including the specification of Norway Maples as street trees. The City shall provide additional landscaping and hardscape features, including special paving on Madison Street, monuments and banners that delineate and explain the civic purpose of this subdistrict. Brick that is compatible in color, texture and size with brick used in existing structures in this subdistrict should be the dominant building material used in any future construction. Designs should protect the view corridors along the Water Street axis to Point Hudson and the Madison Street axis from Memorial Field and to the City Dock through compliance with the height restrictions set forth in 17.yy, above. Buildings framing these view corridors are encouraged to be built to the street property lines. Elements occurring in public rights-of-way, such as signs, fountains and monuments, should be 10w in form with vertical elements limited to slender obelisks. City Hall should remain the dominant feature of the cityscape in this subdistrict. No building shall be erected in this subdistrict that is greater in height than City Hall. Buildings adjacent to or adjoining City Hall shall be of lower height and building facades shall be designed with less detail and ornamentation than City Hall to defer to the architectural significance of City Hall. Buildings connected to City Hall shall not directly abut City Hall at the street property line, but shall be set back at least 5 feet from the property line for a length of at least 5 feet. Point Hudson Marina District: New development or redevelopment should be compatible in style, height, size, proportions and material used with the former Coast Guard and shipyard buildings in this subdistrict. However, new developments are also encouraged to provide a transition to the Civic District and the Historic Commercial District by incorporating features of those subdistricts, such as building materials and construction styles in the design. - 17 - (Port Townsend, 12/90) e Buildings more than 30 feet in length or width shall be designed to give the appearance of groups of small buildings by varying building height, massing, setbacks, and facade features, such as windows and doors, every 30 feet along the length of the building. Towers of up to 100 square-feet may exceed the height limit by 10 feet provided that no building shall exceed a total of 50 feet. Public access to and along the shoreline is encouraged in all new development in this subdistrict. Mixed use projects, incorporating both water-dependent and water-related uses as those terms are defined in the Plan are strongly encouraged. New parking facilities and additional roads should be minimized. 17.zz.070 Limitation on Actions. Any decision, finding, ruling, determination, or binding recommendation of the HPC or the City Council made pursuant to the design review requirements and authority under this chapter shall be final at the time a vote is cast and recorded on any such matter and no action to set aside or modify the same shall be brought in the Superior Court or other tribunal unless the action shall be filed within thirty (30) days from the date of such decision, finding, ruling, determination or binding recommendation. Section .5. Authorization an~ Direction to.P.ublish Plan. The Director of the Planning and Building Department ("Director") is hereby authorized and directed to cause the Plan to be published and made available to the public in furtherance of its purposes. In publishing the Plan, the Director is further authorized to entitle the published Plan the "Port Townsend Urban Waterfront Plan" and to make appropriate technical and conforming revisions to the text of the Plan which clarify but do not change the meaning or intent of the Plan. The published Plan shall be made publicly available at a reasonable cost which may not exceed the actual cost of publishing and binding same. - 18 - (Port Townsend, 12/90) Section 6. 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. S~Ction 7. Effective Date. This ordinance shall become effective five days after its passage and publication. Read for the first time on December ~4~ 1990~ and for the second and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 4th day of December, 1990. David A. Grove, ity Clerk Keith C. Harper, City Attorney Passed by the City Council:. Signed by the Mayor: Published: , , EffeCtive Date:. . . 1990 1990. 1990. 1990. - 19 - (Port Townsend, 12/90)