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HomeMy WebLinkAbout2192 Interim Controls for New Development on Shorelines of Certain Areas of the City of Port TownsendORO A CE MO. ! AN ORDINANCE enacting interim controls for new development on the shorelines of certain areas of the City of Port Townsend and establishing an effective date. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Port Townsend Comprehensive Plan identifies the Central Business District as the city's major retail and service center; and much of the Central Business District is within the Port Townsend Historic District listed on the National Register of Historic Places; and the National Historic District is identified as an environmentally sensitive area in Title 19, Environmental Protection, of the Port Townsend Municipal Code; and much of the historic value of the district derives from its authenticity as a Victorian-era seaport; and despite the existence of substantial amounts of vacant space in the upper floors of existing downtown buildings, recent unanticipated economic changes have resulted in heightened interest in new residential and transient accommodation development on the shoreline uplands of the commercial areas; and this new trend threatens the future economic growth of the Central Business District by usurping remaining commercial properties with residential and transient accommodation developments, and by diminishing the historic maritime commercial authenticity of the district; and large-scale residential and transient accommodation developments may adversely affect neighboring properties by obstructing important views of the water and other natural features; and by reducing public access to and enjoyment of the shoreline; and parking and traffic problems in the Central Business District have demonstrated the need to consider potential adverse public safety, cost and commercial impacts which may result from current trends; and the City of Port Townsend and the Washington State Department of Transportation are seeking solutions to severe traffic congestion frequently experienced on State Route 20 (Sims Way) at the approach to the ferry terminal, and shoreline residential and transient WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, accommodation development in the area may decrease public safety; and public and firefighter safety is compromised when buildings are built so closely to seawalls and beaches that inadequate access is preserved for fire suppression and rescue operations, and the City Council has the obligation to protect the general public safety, health and welfare of Port Townsend citizens and visitors; and to promote the interest of health, safety and general welfare of the public; and to promote the policies of the Washington State Shoreline Management Act (RCW 90.58); immediate action is required to carefully deliberate the future of the shoreline uplands of the district and provide for a more orderly course of development; and the City Council intends to undertake an immediate review of the Port Townsend Urban Waterfront Workbook and other recommendations to consider appropriate revisions to zoning and shoreline regulations in the interest of the public health, safety and general welfare, as stated more fully in the policies of the Washington State Shoreline Management Act (RCW 90.58), and Section 1.20 of the Jefferson-Port Townsend Shoreline Management Master Program; and in times of rapid change, the interests of the public are better served if elected representatives are able to consider important policy decisions ina deliberative, fully-informed manner, rather than under extraordinary pressure of permit applications which may be accelerated by public consideration of upcoming regulatory changes; and 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 faced by the City; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOLLOWS: Section 1. Title of ordinance. This ordinance shall be known as the "Commercial Waterfront Interim Control Ordinance" and may be cited as such. - 2 - (Port Townsend, 6/90) Section ~,. Applicability. This ordinance shall apply to the following lands within the City of Port Townsend: 2.1 All lands within the jurisdiction of the Shoreline Management Act (RCW 90.58) from the northwesterly boundary of the Point Hudson property owned by the Port of Port Townsend extending along the shorelines of Admiralty Inlet and Port Townsend Bay to the extension of Hill Street (Hill Street Waterway); which properties include but may not be limited to the Port of Port Townsend property known as Point Hudson, all or portions of Blocks 4-22, Blocks 27-36 and Blocks 45, 52 and 93 of the Original Townsite of Port Townsend, and the Port of Port Townsend property known as the Boat Haven; and 2.2 All of blocks 45, 52 and 93 of the Original Townsite of Port Townsend. Section 3. Interim controls. Notwithstanding any other provision of any other ordinance or provision of the Port Townsend Municipal Code, for a period of one hundred twenty days following the effective date of this ordinance, the following interim controls shall be in effect for all lands identified in Section 2 of this ordinance, excluding any proposed developments which have an approved Shoreline Substantial Development Permit on the date this ordinance becomes effective: 3.1 No new apartment, condominium, multi-family dwelling, hotel, motel or inn use shall be established. 3.2 No new building or structure shall exceed a maximum height of twenty-five feet (25'). 3.3 A view corridor shall be maintained by setting back all new buildings at least fifteen feet (15') from any right-of-way line of any street which is essentially perpendicular to either Water Street or Washington Street, which streets include but may not be limited to Jackson Street, Monroe Street, Madison Street, Quincy Street, Adams Street, Taylor Street, Tyler Street, Harrison Street, Van Buren Street, Pierce Street, Calhoun Street, Walker Street, Scott Street, Gaines Street, Kearney Street, Decatur Street, Thayer Street, and Benedict Street. 3.4 A shoreline corridor shall be preserved for fire safety and public shoreline access by setting back all new buildings at least twenty feet (20') from the ordinary high water mark as defined in the Jefferson-Port Townsend Shoreline Management Master Program. - 3 - (Port Townsend, 6/90) 3.5 In case of conflict with the provisions of this ordinance and any provision of any other ordinance, the provisions of this ordinance shall govern. Section 4. 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 4. EffeQtive date. This ordinance Shall become effective five days after its passage, approval and publication as provided by law. Read for the first time on $~6 ~/gEd ~ and for the second and third time times and Passed by t~e'clty Council of the City of Port Townsend, Washington, at ~egular meeting thereof, held this ~/~ day of ~U~ . , 1990. David A.' GroVe, ~$,,y Clerk/ Approved as to form: ~_;~/~~~'{/'i~-~ / Keith C. Harper, City Attorney - 4 - (Port T(