HomeMy WebLinkAbout2938 Shoreline Master Program Update/Repealing Previous Shoreline Regulations/Amending Comprehensive Plan Amending Ordinance
ORDINANCE NO. 2938
AN ORDINANCE ADOPTING THE UPDATED
SHORELINE MASTER PROGRAM, SUPERSEDING THE EXISTING
SHORELINE MASTER PROGRAM, REPEALING THE URBAN WATERFRONT PLAN
(1990) AND COMPREHENSIVE PUBLIC ACCESS PLAN (1992) AND AMENDING THE
PORT TOWNSEND COMPREHENSIVE PLAN
AMENDING ORDINANCE NO. 2539
WHEREAS, the State Legislature enacted the Shoreline Management Act requiring
cities and counties throughout the state to adopt and amend from time to time shoreline master
programs; and
WHEREAS, the Growth Management Act, RCW 36.70A.580, provides that the goals
and policies ofthe shoreline master program shall be considered an element of the City's
comprehensive plan, and the other portions of the shoreline master program shall be considered
part of the City's development regulations; and
WHEREAS, the Growth Management Act, RCW 36.70A.130, authorizes the City to
amend the comprehensive plan in order to adopt or amend shoreline master programs at any
time; and
WHEREAS, on December 20, 2005, after considering public testimony and deliberating
the draft SMP over the course of six public meetings, the City Council approved a draft
Shoreline Master Program update (attached hereto as Exhibit IA and incorporated by reference)
when it passed Resolution 05-046 (attached hereto as Exhibit IB and incorporated by reference).
Resolution 05-046 indicated approval of and intention to adopt the draft SMP, directed staff to
forward the document to the Department of Ecology ("Ecology") for its review in accordance
with RCW 90.58.090, and further declared the intent to repeal the Urban Waterfront Plan (1990)
and Comprehensive Public Access Plan (1992); and
WHEREAS, upon receipt of the draft SMP update dated December 21,2005 (attached
hereto as Exhibit 1A), Ecology followed the procedure outlined in state statute, namely:
1) Provided notice to and opportunity for written comment by all interested parties
of record,
2) Held a public hearing at Fort Worden State Park, Port Townsend,
3) Requested and received the City's response to comments, and
4) Issued written findings and conclusions regarding the consistency ofthe
proposal with the policy ofRCW 90.58.020 and the applicable guidelines
(Exhibit Ie. Letter from Department of Ecology dated October 27, 2006); and
WHEREAS, Ecology has determined that the City of Port Townsend draft Shoreline
Master Program (SMP), dated December 21,2005, requires changes in order to comply with
Chapter 90.58 RCW, the Shoreline Management Act of 1971 and the SMP guidelines (WAC
173-26, Part III). Ecology also provided recommended changes to the draft SMP that, while not
specifically required, should benefit and enhance overall SMP administration. Ecology's
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Ordinance 2938
Required SMP Changes and Ecology's Recommended SMP Changes are set forth in Exhibit lC
- Letter from Department of Ecology dated October 27, 2006); and
WHEREAS, the Planning Commission considered Ecology's Required and
Recommended Changes during a workshop on November 9, 2006, and an open record public
hearing on November 30, 2006, and received and considered public testimony including
testimony from the Port of Port Townsend. By a vote of7-0-0, the Planning Commission moved
to recommend that the City Council accept Ecology's Required and Recommended Changes
with minor modifications to six ofthe Required Changes; and
WHEREAS, after the Planning Commission hearing, staff discovered that an earlier
request from the Port of Port Townsend requesting that aquaculture be allowed as a permitted
use within the Boat Haven had inadvertently been omitted from Ecology's Required or
Recommended Changes. Staff finds that the revision is consistent with the City's intent as
reflected in Section 8.4, Aquaculture of the Draft SMP and Ecology staffhas indicated to City
staff that the revision is acceptable as an "alternative proposal" pursuant to RCW 90.58.040; and
WHEREAS, on January 8,2007, City Council conducted an open record public hearing
to review Ecology's Required and Recommended Changes and the recommendations of the
Planning Commission and to take additional public testimony; and
WHEREAS, the City Council finds that the policies and regulations set forth in Exhibit
lA, as amended by Ecology's Required and Recommended Changes, and further modified by
the Planning Commission, together with the additional recommended change to modify Chapter
5.12 "Boat Haven Marine Trades District" to allow aquaculture as a permitted use within Boat
Haven (and thereby remedying an apparent internal inconsistency in regards to treatment of
upland aqua cultural activities occurring at the Boat Haven), are consistent with the Shoreline
Management Act and its recently adopted implementing regulations (Chapter 173-26 WAC), the
Growth Management Act, the other elements of the City's comprehensive plan, and other
applicable law;
NOW, THEREFORE, THE CITY OF PORT TOWNSEND DOES ORDAIN:
SECTION 1: The City Council hereby adopts, in accordance with the State of
Washington Shoreline Management Act and the SMP guidelines (Chapter 173-26 WAC), the
updated Shoreline Master Program dated December 21,2005 as set forth in Exhibit 1A (attached
hereto and incorporated herein by reference), as amended by Ecology's Required and
Recommended Changes, and further modified by the Planning Commission with the additional
recommended change to modify Chapter 5.12 "Boat Haven Marine Trades District" to allow
aquaculture as a permitted use within Boat Haven (thereby remedying an apparent internal
inconsistency in regards to treatment of upland aqua cultural activities occurring at the Boat
Haven). The updated Shoreline Master Program dated December 21,2005, as set forth in
Exhibit lA, together with the amendments approved by this ordinance, is referred to as the
"updated Shoreline Master Program" or the "Shoreline Master Program adopted January, 2007."
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SECTION 2: The City Council hereby amends Ordinance No. 2539 adopting a
Comprehensive Plan pursuant to the Ch. 36.70A RCW (GMA), as amended, to add the following
section:
That the City Council incorporates the Shoreline Master Program adopted in Ordinance
No. 2938 (approved January 8, 2007), as an element of the Port Townsend Comprehensive Plan.
Portions of the SMP designated as Development Regulations (DRs) shall be considered a part of
the city's development regulations.
SECTION 3: The Planning Commission is directed to review and conduct a public
hearing or hearings and make recommendation on any necessary revisions to the City's land use
planning documents, maps, and development regulations including but not limited to:
Comprehensive Plan, Land Use Map, Zoning Map and zoning code, to ensure consistency with
the Shoreline Master Program as approved by this ordinance.
SECTION 4: This ordinance and the updated Shoreline Master Program amend and
supersede the City of Port Townsend Shoreline Master Program (adopted March 1994), and the
Council hereby repeals the City of Port Townsend Urban Waterfront Plan (1990), and the
Comprehensive Public Access Plan (1992), together with any amendments. Relevant policies
and development guidelines from the 1990 Port Townsend Urban Waterfront Plan and the 1992
Comprehensive Public Access Plan have been incorporated into the updated SMP adopted by
this ordinance. To facilitate permit administration, the "stand alone" plans shall be retired upon
adoption of the SMP in this ordinance.
Provided, nothing in this ordinance shall be construed as abating any official action ofthe
City now pending under or by virtue of the City of Port Townsend Shoreline Master Program
(adopted March 1994) herein superceded by the adoption of this ordinance or as waiving any
right of the City under the policies, provisions and regulations superceded by the adoption of this
ordinance.
SECTION 5: The Planning Department is authorized to determine, in consultation with
the City Clerk and the City Attorney, the format for the publication of the updated Shoreline
Master Program.
SECTION 6: Should any section, subsection, paragraph, sentence, clause or phrase set
forth in this ordinance or in Exhibit 1 A or its application to any person or situation be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance or Exhibit 1 A or its application to any other person or
situation. The City Council ofthe City of Port Townsend hereby declares that it would have
adopted this ordinance and Exhibit IA and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 7: It is expressly the purpose of this ordinance to provide for and promote the
health safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially protected or
benefited by the terms of this ordinance. It is the specific intent of this ordinance that no
provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon
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the City or any of its officers or employees. Nothing contained in this ordinance is intended nor
shall be construed to create or form the basis of any liability on the part of the City, or its
officers, employees or agents, for any injury or damage resulting from any action or inaction on
the part of the City, its officers, employees or agents.
SECTION 8: The effective date ofthis ordinance shall be the date on which the
Washington Department of Ecology approves the updated Shoreline Master Program adopted in
this ordinance as provided by RCW 90.58.090. If Ecology does not approve the Program in its
entirety, then those portions approved by Ecology shall be effective, and the portions not
approved by Ecology shall not be included in this adoption.
ADOPTED by the City Council ofthe City of Port Townsend, Washington, at a special
business meeting thereof, held this eighth day of January 2007.
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Mark Welch, Mayor '\
Attest:
Approved as to Form:
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'Pamela Kolacy, CMC y
City Clerk
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John Watts
City Attorney
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Ordinance 2938