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HomeMy WebLinkAbout2945 Adopting 2006 Comprehensive Plan Update Ordinance No. 2945 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING THE 2006 COMPREHENSIVE PLAN UPDATE CONSISTING OF CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES, AND POLICIES CONTAINED IN THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN), ADOPTING THREE SITE SPECIFIC AMENDMENTS TO THE OFFICIAL LAND USE MAP CONTAINED WITUIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 12, STREETS & SIDEWALKS, TITLE 17, ZONING; TITLE 19.04, STATE ENVIRONMENTAL POLICY ACT, TITLE 19.05 CRITICAL AREAS, AND TITLE 20.04 PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS, OF THE PORT TOWNSEND MUNICIPAL CODE (pTMC); ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE PLANNING DEPARTMENT TO PREPARE REVISED COPIES OF THE LAND USE MAP & OFFICIAL ZONING MAP; DIRECTING THE CITY CLERK TO PREP ARE REVISED COPIES OF THE PLAN AND TO CODIFY THE AMENDMENTS TO TITLE 12 & 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). The City Council of the City of Port Townsend finds as follows: Background of Comprehensive Plan Amendments I. After extensive public review and a recommendation from the Port Townsend Planning Commission (the Planning Commission), the City's current Comprehensive Plan (the Plan) was adopted by the City Council (the Council) on July 15, 1996 (Ordinance No. 2539), to comply with the Washington State Growth Management Act (GMA) of 1990 (Chapter 36.70A RCW), and to facilitate the orderly and coordinated growth and development of the City. All findings, recitals and other provisions of Ordinance No. 2539 are incorporated herein by this reference. 2. After public review and a recommendation from the Planning Commission, the City adopted its current Zoning Code (Title 17 PTMC) on April 7, 1997 (Ordinance No. 2571), to comply with the GMA and to implement the Plan. All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference. 3. Council adopted the City's current Comprehensive Plan!Development Regulations Amendment Process codified in Chapter 20.04 PTMC on Decemberl6, 1996 (Ordinance No. 2559). Adoption ofthis chapter implemented the GMA requirement to establish procedures for plan and development regulation amendments (~ 36. 70A.130 and 36.70A.470 RCW). All findings, recitals and other provisions of Ordinance No. 2559 are incorporated herein by this reference. I Ordinance 2945 4. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and maps of the Comprehensive Plan and Development Regulations. Since initial adoption in 1996, the City has undertaken amendments to the Plan a total of seven times. These prior amendments have been undertaken in an effort to ensure that the plan remains consistent with the goals and requirements of the GMA, as well as emerging community trends. 5. The process codified in Chapter 20.04 PTMC solicits public involvement in identifying suggested plan and development regulation amendments, and provide ample opportunities for meaningful public comment on the proposed amendments. Early, continuous and meaningful public participation is achieved through broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, information services, and consideration and response to public comments, consistent with the requirements of the GMA (~ 36.70A.035, 36.70A.130, and 36.70A.140 RCW). 5. As set forth in the findings below, the opportunities provided for meaningful citizen participation employed in this review and amendment process is wholly consistent with the requirements of the GMA (~ 36.70A.035, 36.70A.130, and 36.70A.140 RCW) and the procedures set forth in Chapter 20.04 PTMC. Shoreline Master Program Update 6. On December 20th, 2005, City Council voted to approve the draft Shoreline Master Program (Resolution 05-046) and directed staff to "Prepare, in bill format, for Planning Commission review, and Planning Commission is requested to review 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 approved by this Resolution." 7. On January 8, 2007, pursuant to Ordinance 2938, City Council voted to adopt the updated Shoreline Master Program, superseding the existing shoreline master program, repealing the Urban Waterfront Plan (1990) and Comprehensive Public Access Plan (1992) and amendment the Port Townsend Comprehensive Plan, amending Ordinance No. 2539 8. On February 14, 2007, the updated Port Townsend Shoreline Master Program was adopted by the State Department of Ecology. 2006 Comorehensive Plan Amendment Process 9. March 1, 2006 marked the deadline for submittal of applications to be considered in the 2006 Amendment cycle. The preliminary docket included staff recommended 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. No applications were received 2 Ordinance 2945 from the public. 10. On April 26, 2006, and after timely and effective public notice, the Planning Commission held and open record public hearing to accept public testimony regarding which of the staff suggested amendments and development regulations should be placed on the final docket for formal review and consideration, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice of the City Council, all in a manner consistent with Chapter 20.04 of the Port Townsend Municipal Code. 11. On May 15, 2006, and after timely and effective public notice, the Council deliberated upon and voted to include all forty-one of the Planning Commission's recommendations on the final docket and added one new docket item: Revise table 17.22.020 to allow drinking establishments/micro-breweries within the MII(A) Marine Related-Uses (Boat Haven) and MII(B) Marine Related Uses (Point Hudson) zoning district, all in a manner consistent with the requirements of Chapter 20.04 PTMC. 12. On June 14, 2006, "Notice of Intent to Amend the Comprehensive Plan, Land Use Map, Zoning Map, and hnplementing Regulations & Notice of Determination of NonSignificance, Adoption of Existing Environmental Document & Availability of SEP A Addendum, Year 2006 Comprehensive Plan Amendment Docket" was published in the Port Townsend Leader. Notice was mailed to affected property owners and property owners within 300-feet of the proposed site-specific amendments to the land use/zoning maps. 13. On February 15, 2007, and after timely and effective public notice, the Planning Commission held and open record public hearing to accept public testimony regarding the amendments on the 2006 Comprehensive Plan final docket, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice ofthe City Council, all in a manner consistent t with Chapter 20.04 of the Port Townsend Municipal Code. 14. On April 9, 2007, and after timely and effective public notice, the Council held and open record public hearing to accept public testimony regarding the amendments on the 2006 Comprehensive Plan final docket. Upon concluding the public hearing, Council deliberated upon the testimony and upon the Planning Commission's recommendation on the final docket, all in a manner consistent with the requirements of Chapter 20.04 PTMC. 15. The Council hereby incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of February 15, 2007 (Memorandum dated March 22,2007) relating to revisions to the Comprehensive Plan, Port Townsend Municipal Code, Official Land Use and Zoning Maps to the City of Port Townsend with the exclusion ofItem number 3: 3 Ordinance 2945 Rezone of shoreline parcels generally lying between Hendricks Street and the City Limits along the Strait of Juan de Fuca from R-II to R-I (Exhibit 3) except for Elmira Park which shall be rezoned P/OS and Lot 1 of Block 39, Lots 1-17 of Block 50 of the Fowler's Park Addition where R-II zoning shall be retained. Council directed staff to provide additional information on potential future development of the MacFarlane property (Lot I of Block 39, Lots 1-17 of Block 50 of the Fowler's Park Addition) for consideration at a later date. 16. The Council finds that the plan and development regulations amendments adopted herein have been subject to environmental review and threshold determination in compliance with the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. The SEP A Responsible Official issued a Determination of Non Significance, Adoption of Existing Environmental Documents and SEPA Addendum on June 14,2006. 16. The Council [mds that the amendments adopted in this ordinance are true to the original vision and goals of the Plan, while accommodating some reasonable and modest change that is entirely consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment criteria set forth in 20.04.080(A)(3) and (4), and (B)(3) PTMC. 17. Consistent with the requirements of the GMA, Planning Department staff forwarded the proposed amendments to the Plan and Zoning Code to the State of Washington Department of Community Trade and Economic Development (DCTED) for review and comment more than sixty (60) days prior to the adoption of this ordinance (~36. 70A.I 06). No substantive comments were received from DCTED prior to the adoption of this ordinance. 18. Pursuant to PTMC Section 20.04.020, the amendments have been considered concurrently and Council has considered the cumulative effect of all items. 19. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70A RCW) and is externally consistent and compatible with the 13- state-wide planning goals contained within the GMA (~ 36.70A.020 RCW). 20. This ordinance has also been reviewed against the requirements of the County-Wide Planning Policy for Jefferson County (CWPP) and has been found by the Council to be in conformance therewith. 21. Based upon the foregoing findings, the Council finds that adoption of the following amendments will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. 4 Ordinance 2945 NOW THEREFORE, the City Council of the City of Port Townend in regular session assembled does hereby ordain as follows: SECTION 1 ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF THE PORT TOWNSEND COMPREHENSIVE PLAN AND COROLLARY AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY OF PORT TOWNSEND. Pursuant to the City's authority under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this ordinance, the City Council hereby adopts an amended Official Comprehensive Plan Land Use and Zoning Map for the City of Port Townsend, to reflect Redesignation/rezoning of the following properties: . Rotary Park and the Washington State Ferry Terminal from R-II, single-family residential to P-I, Public Infrastructure. Parcel Numbers 989701302 (Rotary Park), 989701301 (WSF). (Docket Item 1) . Rezone parcels lying between the Washington State Ferry Terminal and Bay Vista Condominiums from current R-II to C-II, General Commercial- this area includes several vacant parcels lying water ward of Water Street as well as the parcel containing BayView Restaurant, 1539 Water Street. Parcel Numbers: 989701- 401, 402, 403,502,601. (Docket Item 2) . Delete M-II(A) Boat Haven Marine -related uses zoning district from submerged lands generally lying between the Boat Haven marina and the City limits. Port Townsend Bay adjacent to Sections 10, 11, 15 Township 31N, Range lW (Docket Item 4) The provisions of Title 17, Zoning, of the Port Townsend Municipal Code shall govern the administration, applicability, and interpretation of the Official Zoning Map, as amended. SECTION 2 ADOPTION OF AMENDMENTS TO TABLE IV-2, CHAPTER IV, LAND USE ELEMENT OF THE PORT TOWNSEND COMPREHENSIVE PLAN Consistent with the revisions to the land use/zoning map in Section 1 above, acreages in Table IV-2 of the Land Use Element is hereby amended as set forth below. TABLE IV-2: THE LAND USE MAP - ACREAGE WITHIN EACH LAND USE DESIGNATION' LAND USE DESIGNATION R-I R-II R-III R-IV LAND AREA IN ACRES '74& 770 2,l9G bill m 242 3G 36 LAND AREA IN ACRES Less Platted Rights of Way and Marinas ~544 ~1.548 ill 166 *22 5 Ordinance 2945 R-PUD C-I/MU C-lIIMU MU-PUD C-I C-II C-II(H) C-III C-IV** CM-PUD M/C M-I** M-II(A) Boat Haven M-II(B) Point Hndson M-III** P/OS P/OS(A)*** P/OS(B) P-I @ 97 19 2;\ n... o 3 -l4111i 17 4141 o 3535 43 76 o 'E77 ;!4 22 o ~645 N/A 00 92 172 ~n/a 14 15 o 2- 94-104 11 ;!s-26 o ;14-28 43-62 o 44-47 H-17 o 4M-609 N/A 86 -144-152 Total 4;48'7 4.553 ~3 425 * Totals include lands within the Port Townsend City limits only. ** These land use designations could be applied to portions of the Glen Cove area, if a FUGA larger than the Port Townsend City limits is designated. *** This designation is intended only to depict, at a conceptual level, areas that could be valuable if maintained as open spaces. Considerable work must be completed before the boundaries of this conceptual overlay district can be detailed, and before specific steps can be undertaken to implement the concept. Consequently, acreage totals are of marginal usefulness at this point iotime. SECTION 3 ADOPTION OF AMENDMENTS TO THE NARRATIVE, TEXT, AND TABLES OF THE COMPREHENSIVE PLAN SUBSECTION 1.1: Pursuant to Docket Item 6, Shoreline Management Goal 17 and Policies 17.1, 17.2, 17.5 and 17.6, Chapter IV, Land Use Element shall be amended to read as follows: Skordiac MaaageftleBt SHORELINE MANAGEMENT GOAI.S & POLICIES Goal 17: To encourage uses, densities and development patterns that are consistent with the Shoreline Management Act and the Port Townsend Shoreline Master Program (SMP). Policy 17.1: Reserve appropriate shoreline areas for water-oriented uses fIRe dise61lfoge OORwater eFiented <lSes iR shBfeliRe ll1ellS. Allow non-water oriented uses in limited circumstances. Policy 17.2: Manage City shorelines of statewide significance according to the order of preferences for use established in the Shoreline Management Act (i.e., Chapter 90.58.020 RCW) - uses that: a. Recognize and protect the state-wide over local interests; b. Preserve the natural character ofthe shoreline; c. Result in long-term over short-term benefit; d. Protect the resources and ecology ofthe shoreline; 6 Ordinance 2945 e. Increase public access to publicly owned areas of the shorelines; f. Increase recreational opportunities for the public in the shoreline; g. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Policy 17.3: Protect and enhance shoreline visual and physical access consistent with the Shoreline Management Act and Public Trust Doctrine principles. Policy 17.4: Protect the quality and quantity of surface and ground water in shoreline areas and adjacent lands by minimizing land clearing, soil disturbance and nonpoint runoff affecting water quality, erosion and sedimentation, Policy 17.4: Protect the quality and quantity of surface and ground water in shoreline areas and adjacent lands by minimizing land clearing, soil disturbance and nonpoint runoff affecting water quality, erosion and sedimentation, through the use and implementation of the DOE Stormwater Management Manual for Western Washington the Paget Seand Basia. Peliey 17.5: The UrBan WlitemeHt PIIIH is iaeeljleratea Byrefereftee 'fnthia this CelBflfefteflsi'fe PIlHl as Ii slfflareli plllH. 17.5.1 ''vhere ineellilisteReies ljKist BetweeR the goals lHla pelieies efthe UrBlHl WaterfroHt PI!IH lHld the Pelt TownselKi Shereliae MllSter Program (SMP), the SMP should pre-vai1.17.5.2 Iaeatify and elimioote iaooasistefleies Bet'fleea the UffllHl WatOlHeHt PIlHllHla the SMP. 17.6: Recognize that the goals and policies of the City's SMP are considered part of this Comprehensive Plan, and that the shoreline use and development regulations of the SMP are considered part of the City's development regulations. 17.6.1.1 'Nliea the City's SMP is eelBflrefteRsively reviewed lHld re.lised, eensiaer meerperatiag the goals Ilfld pelieies efthe SMP 'lntItiR Ii Sherelifte ManagemeRt Elemeftt efthis CelBflreheRsive Plan. 17.6.2 Whetl the City's SMP is eOlBflreftetlsi'/sly reviewed ana revisea eeflsiaer eeaifyiflg the shereline ass ana aevelepmeat regelatiefls ef the SMP withia the Pert TewaseR8 MlIHieipal Ceae. SUBSECTION 1.2: Pursuant to Docket Item 7, the following text shall be added to Page IV-2 Land Use Element Introduction, following the paragraph entitled "The Port Townsend Planning Area" Shoreline Master Prolrram In November 1972. the oeople ofthe State of Washington enacted the Shoreline Management Act (RCW 90.58), The primarY om:pose of the Act is to orovide for the 7 Ordinance 2945 management and orotection of the state's shoreline resources bv planning for reasonable and aoorooriate uses. The law orovides a two-tier planning: and regu1atorv orogram bv the state and local government. Bv law. the City is responsible for pn,paration of a "Master Program" in accordance with the policies and reQuirements ofthe Act and the State Shoreline Guidelines (WAC 173-26), The city must also develop a oermit svstem in accordance with the reauirements of the Act. In 2007. the City's updated Shoreline Master Program (SMP). oreoared in accordance with the Shoreline Guidelines. was adopted by the state. The City's SMP is a stand-alone document with an adoption bv reference to the City's Critical Areas Ordinance (Ordinance 2899) and surface water manag:ement manual. Pursuant to RCW 36.70A.480. the goals and oolicies and Environment Designations MaD of a shoreline master orolITam shall be considered an element of the city's comorehensive olan. All other oortions of the shoreline master orogram. including use regnlations. shall be considered a part of the city's develooment regulations. SUBSECTION 1.3: Pursuant to Docket Item 8, Policy 3.8 shall be replaced as follows: Poliey 3.81 PFesct"'I'e aDd enhance shoreliBe aeeess areas. 3.8.1 \Vhere feasible, additional shoreliBe aeeess areas should be aequil'ed. 3.8.2 Street rights of way, which e!ttend to shoreliBes should pFo"lide publie aeeess. 3.8.3 Signage should be pl'6-/ided te ideBtify public aeeess to shoreliBe aFeas. 3.8.1 Desigoate and design specifie shoFelioe access areas to pro'/ide fer smaH vessels stich as hSYilliS. Policv 3.8: Preserve and enhance shoreline access areas consistent with the City's Shoreline Master Program. SUBSECTION 1.4: Pursuant to Docket Items 9 and 10, Policies 9.10 and 9.11 Port Related Uses, shall be amended to read as follows: Policy 9.10: Where regulated by the Port Townsend Shorelines Master Program, new water- oriented port-related manufacturing and conunercial uses should take orioritv over non-water oriented uses. sheuld Be limited te water eneftted uses. Allow limited non-water oriented uses. when incoroorated into development which also contains water-d"l'endent or water-related uses. at soecified areas of the Boat Haven and Point Hudson. or to facilitate reuse of the Port office building. as further defined in the Shoreline Master Prolmllll. Allow a limited range of non- water oriented uses at Point Hudson as a means of oromoting "adaotive reuse" of the original Point Hudson Station buildinl,(s. SUBSECTION 1.5: Pursuant to Docket Item 11, narrative text regarding the Point Hudson district on page IV-I0 ofthe Land Use Element shall be amended to read as follows: M-IIB (point Hudson) - Marine-Related Manufacturing: Similar to the M-lIA district, 8 Ordinance 2945 this designation accommodates a variety of marine-related uses at a scale appropriate to Point Hudson. Like the M-IIA designation, the specific range, scale and intensity of marine-related uses allowed within this district should be detailed within revisions to the zoning code. Adaotive reuse of the original Point Hudson Station buildings should be encouraged. Uses within this district that also lie within the jurisdiction of the Shoreline Master Program (i.e., within 200 feet of the shoreline) are subject to the policies and standards of both the zoning code and the Master Program. SUBSECTION 1.6: Pursuant to Docket Item 12, narrative text regarding the Point Hudson district on page VIII-12 of the Economic Development Element shall be amended to read as follows: 5.: Review, l'eeommesd revi5ions if neeessary, and appro"/e the Point Hudson Master Plan. Assist the Port iB identifying and e'/llluatiog its management options for the period from 2002 20Hi. Assist the Port in the develooment and implementation of master olans for Port prooerties that are consistent with the Growth Management Act and the Shoreline Master Program. SUBSECTION 1.7: Pursuant to Docket Item 13, narrative text regarding the C-III Historic Commercial district on page IV-I0 ofthe Land Use Element shall be amended to read as follows: C- ill - Historic Commercial: This designation is intended to accommodate the mix of uses that have occurred over time in the City's Downtown and Uptown historic districts. The designation makes provision for general retail uses on the ground floor of structures, and promotes a mix of uses on the upper floors of historic buildings, including: residences, artist and craft studios, and professional offices. The Pert TO\yftSCfld UrlltUl. WateEfreHt Plan was ae'/elepeEl te pre'liae peliey clireetiefl fer reaC'/elepiRg and r-e...:talizing the Commercial lIistefle District. The WaterHllflt Plllft is safIioiofltly dctaileEl te p~....d aeteeniftatiefl3 regaffiiRg 'I;hether pfflpesed stmerure3, aaaitieRs, or remeclels lll'C ift eeflfoHnllliee with lfte pW'flese3 and inteHt ef lfte ai3triet. Uses within the Commercial Historic District that also lie within the jurisdiction of the Shoreline Master Program (i.e., within 200 feet of the shoreline) are subject to the policies and standards of both documents. Beth The Urb!lll WaterFeRt PltUl. !IIla Shoreline Master Program are .lli incorporated into this Plan by reference. SUBSECTION 1.8: Pursuant to Docket Item 15, narrative text regarding the "Building Blocks" on page 11-7 ofthe Introduction shall be amended to read as follows: Building Blocks for the Comprehensive Plan Port Townsend Urban Waterfront Plan In recognition of the need for improved municipal guidance and control in the urban waterfront planning area, the Waterfront Plan was is adopted by the City Council in December of 1990. The Waterfront Plan was a detailed plan for the Urban Waterfront area that addressesg: o Uses of public and private properties; o Height and bulk of structures; o Housing and transient accommodations; o Open space; o Pedestrian and vehicular circulation throughout the planning area; o Physical and visual connections throughout the planning area; 9 Ordinance 2945 o Physical and visual connections to the rest of the waterfront and from the bluff above; and o New urban design guidelines and regulations. The Waterfront Plan was among the first steps in the City's attempts to revise and update its Comprehensive Plan. Urban design guidelines and regulations originating in the Waterfront Plan were later codified in Chaoter 17.30 Historic Overlav District-Desif!n Review ofthe PTMC. In 2007. the City adopted an updated Shoreline Master Prolp1l1l1. To improve efficiency. the master prOgram incoroorated relevant policies. regulations. and design recommendations from the Waterfront Plan and the stand alone Waterfront Plan was retired. SUBSECTION 1.9: Pursuant to Docket Item 16, narrative text regarding the "planning area" on page IV-2 of the Land Use Element shall be amended to read as follows: The "planning area" includes all ofthe lands within the present City limits, and portions of the Glen Cove area that have the potential to be included within the City's UGA, as discussed above. The City has been divided into 11 subareas, as indicated on Figure IV-I on page IV -4. The City has already prepared several sub area plans, such as the Urban Waterfront Plan (incorporated into the 2007 Shoreline Master Program update), Gateway Development Plan, and the Draft Point Hudson Master Plan. The subareas used in the preparation of this Plan build upon those previously established. SUBSECTION 1.10: Pursuant to Docket Item 17, narrative text under the heading "Land Use Map" on page IV-7 of the Land Use Element shall be amended to read as follows: Several existing documents which provide guidance for future development, including: . Urban Waterfront Plan (incorporated into the 2007 Shoreline Master Program update), . Gateway Development Plan (i.e., Gateway); Interim Environmentally Sensitive Areas Ordinance (i.e., ESA Ordinance); SUBSECTION 1.11: Pursuant to Docket Item 18, Table IV-l last column for C-III designation, on page IV-13 of the Land Use Element shall be amended to read as follows: 50, or as Specified by the 1990 Port Townsend Urban Waterfront Plan (as incorporated into the 2007 Shoreline Master Program update and codified in Chapter 17.28 PTMC), SUBSECTION 1.12: Pursuant to Docket Item 19, Policy 15.1 of the Land Use Element shall be amended to read as follows: Policy 15.1: Use the expertise of the Historic Preservation Committee (HPC) in matters that relate to the preservation of Port Townsend's heritage and strategies to retain a sense of the past as the City grows and changes. Continne to use the HPC for all mandatory design reviews of developments within the National Register Historic District, as specified in Chapter 17.30 Historic Overlay District-Design Review PTMC. 10 Ordinance 2945 SUBSECTION 1.13: Pursuant to Docket Item 20, narrative text pertaining to Implementation Step #6, on page IV-31 0 the Land Use Element shall be amended to read as follows: 6. Review and modify existing Sub area Plans. Existing plans, such as the Gateway Development Plan, should be reviewed and revised to ensure consistency with this Comprehensive Plan. SUBSECTION 1.14: Pursuant to Docket Item 21, the defmition of Overlay Zone on page X-8, Glossary of Terms shall be amended to read as follows: Overlay Zone: A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone. In Port Townsend, examples include, the National Register Historic District and the Gateway Corridor, ana the Urban Watadreat District. (Comment: Overlay zones deal with special situations in a municipality that are not appropriate to a specific zoning district or apply to several districts. For example, in all business zones, an overlay provision might require impact fees to provide for traffic improvements or an historic district overlay may cover parts of several zones). SECTION 4 PORT TOWNSEND MUNICIPAL CODE, TITLE 12, STREETS & SIDEWALKS SUBSECTION 2.1: Pursuant to Docket Item 22, Section 12.20 Vacation Procedure shall be amended to read as follows: 12.20.060 Review Criteria A. That the proposed vacation of a street, right-of-way or alley is in compliance with the city's engineering design standards manual and the goals and policies of the city comprehensive plan and other adopted city plans, as shown on the list maintained by the building and community development department, including but not limited to the following "functional" or "sub area" plans, as 23now adopted and hereafter adopted, revised or amended: 1. Urban Watarfrsat PlaB; 1. Shoreline Master Program; 2. Gateway Plan; 3. Nonmotorized Transportation Plan; 4. Stormwater Plan;5. Water System Plan; 6. Parks and Recreation Plan; and SECTION 5 II Ordinance 2945 ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND MUNICIPAL CODE, TITLE 17, ZONING SUBSECTION 5.1: Pursuant to Docket Item 23, Section 17.08.060 Defmitions, shall be amended to read as follows: "Urban waterfront plan" (UWP) 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. Urban design guidelines and regulations originatin~ in the Waterfront Plan were later codified in Chapter 17.30 Historic OverZav District-Design Review of the PTMC. In 2007. the Citv adooted an updated Shoreline Master Program. To improve efficiency. the master program incoroorated relevant policies. regulations. and design recommendations from the Waterfront Plan and the stand alone Waterfront Plan was retired. For develooment within the shorelines jurisdiction. t+he city shall refer to the W'BBR ',iat~.f.6Hl plan Shoreline Master Program to assist in interpreting and determining the intent of the design guidelines established in Chapterl7.30 PTMC. SUBSECTION 5.2: Pursuant to Docket Item 24, Section 17.30.106 Historic Preservation design guidelines, shall be amended to read as follows: 9. Port Townsend Historic District Streetscape Design, including any amendments thereto (adopted January 17, 1989, by Ordinance 2143 ineel'jlefllted BY referenee in the Pert Te..lIlseHd UrBIlR WlltlldieHl PIBR adepted Deeemeer 4, I 99(), BY Ordin!lllee 2216; and incorporated by reference in PTMC 17.30.150(B)(3), Waterfront subdistrict - Additional design standards); SUBSECTION 5.3: Pursuant to Docket Item 26, Section 17.08.040, Defmitions and Section 17.22.020(A) Permitted, conditional and prohibited uses, shall be amended to read as follows: "Marine-related use" means goods and services, which are primarily intended to support boating, sailing, water sports, marine research, or similar water erieated activities. 17.22.020 Permitted, conditional and prohibited uses - Limitations on use. A. Table 17.22.020 identifies land uses in the marine-related and manufacturing zoning districts that are permitted outright (P), permitted in the M-II(A) and M-I1(B) zoning districts if marine-related (M), subject to a conditional use permit (C), prohibited (X), or not applicable (N/ A). However, notwithstanding the fact that a use may be permitted outright, additional permits may be required for certain projects. Uses not specifically identified within Table 17.22.020 are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of Port Townsend and shall be prohibited. Marine-related uses are the goods and services which are primarily intended to support boating, sailing, water sports, marine research, or similar ",/llter orieHleEl activities 12 Ordinance 2945 SUBSECTION 5.4: Pursuant to Docket Item 27, Section 17.54.020, Formula Retail and Restaurant Establishments, shall be amended to read as follows: B. This chapter shall apply to formula retail and restaurant establishments in the following zoning districts: C-I/MU, neighborhood serving mixed use center; C-IlIMU, community serving mixed use center; C-I, neighborhood commercial; C-II, general commercial; CII( H), hospital commercial; C-III, historic commercial; M-C, mixed light manufacturing and commercial; M-II (A) (Boat Haven) marine-related uses. M-II(B), (Point Hudson) marine related uses. (Ord. 2912 S 1,2005). SUBSECTION 5.5: Pursuant to Docket Item 28, Chapter 17.29, Maritime Corridor Overlay District, shall be repealed in its entirety. SUBSECTION 5.6: Pursuant to Docket Item 29, Section 17.22.010, Marine Related Manufacturing Zoning Districts - Purpose, shall be amended to read as follows: 17.22.010 Purpose Bo4. M-II(B) (Point Hudson) - Marine- Related Uses. Similar to the M-IIA district, this district accommodates a variety of marine related uses, but on a less intensive scale, appropriate to Point Hudson. This district promotes mixed-use projects, which incorporate water-oriented uses, consistent with the historic, marine-related character of the area. Within certain eligible buildings. a limited range of non-water oriented uses are allowed as a means to promote adaptive reuse of the original Point Hudson Station buildings. Uses within this district that also lie within the jurisdiction ofthe Port Townsend Shoreline Master Program (i.e., within 200 feet of the shoreline) are subject to the policies and standards of both this title and the Port Townsend Shoreline Master Program. SUBSECTION 5.7: Pursuant to Docket Item 30, Table 17.22.020, Marine Related Manufacturing Zoning Districts - Permitted, Conditional and Prohibited Uses, shall be amended to read as follows: Add to Table, under "Other Uses" page 17-73, in Column 1: Adaotive Reuse as further defined bv the Shoreline Master Program Table 5.13.1. In M-II(B) column "P/C" (permitted/conditional) Under Applicable regulationsINotes: Adaotive reuses (see Table 5.13-1 ofthe Shoreline Master Program for list of allowable adaptive reuses: other unlisted non-water oriented uses mav be allowed by conditional use in the followinl! eligible buildings. provided thev do not exceed the listed oercental!es: Hosoital (30%): Main Buildinl! (30%): Shower Building (30%). SUBSECTION 5.8: Pursuant to Docket Item 31, Table 17.30.010, add a new subsection (k) as 13 Ordinance 2945 follows: "Amendments to this Chapter may reauire corollary amendments to the City of Port Townsend Shoreline Master Program for consistency. SUBSECTION 5.9: Pursuant to Docket Items 33, 35-38, Table 17.08.020, 17.08.040 and .060, DefInitions, shall be amended to read as follows: "Boat storage facility" means a facility meant to provide long-term shelter for watercraft and their accessories (e.g., canoes, sail boats, power boats, etc.), not including service, repair or sales. (See Boat house) "Boat House" means a structure desi~ed for storage of vessels located over water or in upland areas. Boathouses should not be confused with "houseboats." (See Boat storage facility). "Dock" A dock or pier is a landing and moorage facility for watercraft that abuts the shoreline and does not include recreational decks. storage facilities. or other ap1Jurtenances. "Mixed Use development," means the development of a parcel or structure with two or more different land uses, such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single physically integrated group of structures. Within shorelines jurisdiction, a mixed-use development may be required to include water-dependentlwater-related uses, refer to the Shoreline Master Program. Moorage" means a l'llaee te tie Ufl er !IIlefter a beat er ','essel. Anv device or structure used to secure a vessel for temoorary anchoral!e. but which is not attached to the vessels (such as a dock or buovt "Shoreline Master Program" means the Shoreline Management Master Program for Port Townsend, Washington, adopted February 14. 2007, or as later amended. SUBSECTION 5.10: Pursuant to Docket Item 39, Table 17.20.030 Commercial Zoning Districts - Bulk, Dimensional and Density Requirements, pertaining to C-I1 Residential Requirements, shall be amended to read as follows: Residences allowed above the ground floor, or as part of a !Hilles use development combining residential with commercial uses where permitted bv the Shoreline Master Program - subject to the requirements below SUBSECTION 5.11: Pursuant to Docket Item 40, 17.22.020(D) pertaining to Noise Limitations, shall be amended to read as follows: 14 Ordinance 2945 D. Limitations on Use - General Requirements. Marine-related and manufacturing uses shall be subject to the following conditions: 1. Naise. In all marine relatea lHul1Rilffilfaetur.ng clistriets (i.e., M/C, M I, M II, M lI(:\), M _ II(B) ana M III), the Raise emanating from the premises use<! fur marine relatea ana mamnlletltriag aeti'rities shal.l se muffled sa as tEl net seeame El~jeetiElnaIJle Eltie tEl internHtteRt seat, fTeq,ueney Elr sflrillness. 1. Noise. In all marine-related and manufacturing districts (i.e.. M/C. M-I. M-II. M-lI(A). M-II(m and M-IIn. the construction and operation offacilities and uses shall follow best management oractices so as to minimize urmecessarv conflicts with and impacts to adiacent non-industrial land or water uses to the extent practicable given the intended use and zoning. Also see Section 9.09.040 (0) for exemptions aoolicable to the M-II (A) and M-II (m zoning districts. SUBSECTION 5.12: Pursuant to Docket Item 42, 17.22.020, Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses, pertaining to uses in the MII(A) zoning District shall be amended to read as follows: FOOD M-C M-I MII(A) MII(B) M- Applicable Regulations SERVICES III Drinking X X X (See Boat P (See X Point Hudson: Establishments located establishments Haven Point within shorelines iurisdiction shall be (bars, cocktail Note) Hudson subiect to the limitations specified in lounges, night Note) the SMP. Establishments located clubs, and outside of shorelines iurisdiction may taverns) not exceed 1.500 square feet of floor soace (Boat Haven: exceot where oermitted as a water-enioyment use in the NorthEast Boat Basin where drinking establishments shall be counted in the total SQuare footage allowance for restaurants). Microbreweries X X PIC (see X X The cumulative gross square footage avvlicable for microbreweries within the MII(A) refJUlations) zoning district is limited to 15,000 square feet. Ifthe total of microbrewery floor space for a single business is less than or equal to 12,000 square feet = permitted use; if greater than 12,000 SQuare feet = 15 Ordinance 2945 conditional use. Both existing and proposed square footage shall be included in calculating the cumulative total. Additional limitations may aRply for establishments located within shorelines jurisdiction (refer to the ~xili\jj~ii Other food C C C C C No food service uses located within service marine-related and manufacturing establishments districts may exceed 1,500 flross including coffee square feet of floor space. houses, See Chapter 17.54 Formula Retail delicatessens, ice and Restaurant Establishments as cream parlors, avvlicable. iuice bars, etc. Restaurants C C C C C ..'13 foed 3e1-;i:3e f;lfJZS fflctlted ~rrithin ..\f C, without drive-in ~,t:T',t:TT64' d',t:TTT. . 'f~d .L ....,.., ...... ;! all ... .&.&.0. .1ta:rUlZ Ie a: z or drive through and malllfjjefwi'rg dislriets may &feCe<< 1,500 sf afflear 3fKlee. ..V8 fead :lerlice service ltSes [aeetled wit,~ill the},{ 111(B) marine relaled alld IIh1ll/iji:lcmring district may e3fCced 3,500 square/eet offiaar spacc (ex<![/idi'rg autdaar seati,<g). Withi" the M II 00 Iflllrine fflllted Ilmi IHllnufaetu,'infl di8t1'iet. the t6tal a~f:llte 3tlUIIl'e faattlu fa, l"estllUHlIlts :mHO n6t ~ Il.U(}(} _IV! fi.."et. Sffhket 18 t,lle /iJ1l8lffllfl limitawnts: M-C. M-/. M-II/: maximum of 1.500 square feet of floor space per restaurant. M-//{AJ Boat Haven within the NorthEast Boat Basin as defined bv the Shoreline Master Proflram: maximum of 2 establishments (not to exceed 3.500 square feet per restaurant or a combined total of 5.000 flross square feet excludinfl outdoor seatinflJ. M-//{AJ Boat Haven outside of the NorthEast Boat Basin: maximum of 1.500 square feet of floor space. M-/HBJ Point Hudson: maximum of 16 Ordinance 2945 3.500 square feet oflloor space per restaurant Overall limitation of 11.000 ffross square feet in the M- Il (B) district. and limited to 4.000 total ffross square feet in the Maritime Herita1!e Corridor subdistrict as defined bv the Shoreline Master Proffram. SECTION 6 ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND MUNICIPAL CODE, TITLE 19.04, STATE ENVIRONMENTAL POLICY ACT SUBSECTION 6.1: Pursuant to Docket Item 25, Section 19.04.260, shall be amended to read as follows: 19.04.260 D 3. The city adopts by reference, and incorporates herein in their entirety, the following city plans, resolutions, ordinances, standards and codes as they now exist or may hereafter be amended, as SEP A policies: k. Port TO'I\'fIsend UrlJ!IfI Waterfwftt Plan SECTION 7 ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND MUNICIPAL CODE, TITLE 19.05 CRITICAL AREAS SUBSECTION 7.1: Pursuant to Docket Item 32, Section 19.05.060, shall be amended to read as follows: 19.05.060 Amendments. A. These regulations and the city inventory maps may from time to time be amended in accordance with the procedures and requirements in the general statues and as new information concerning critical areas becomes available. B. The City's Shoreline Master Program incOl:porates the Critical Areas Ordinance (Ordinance 2929. Seotember 15. 2006) bv reference. Therefore. amendments to Chapter 19.05 that are intended to alter development regulations aoolicable to shorelines iurisdiction must be processed as an amendment to the City of Port Townsend Shoreline Master Program and shall be subiect to approval bv the Deoartment of Ecologv. 17 Ordinance 2945 SECTION 8 ADOPTION OF AMENDMENTS TO THE PORT TOWNSEND MUNICIPAL CODE, AND TITLE 20.04 PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS SUBSECTION 8.1: Pursuant to Docket Item 40, Section 20.04.090, Land Use Code Text Revisions, shall be amended to read as follows: A. Initiation. The text of the adopted land use code (also referred to interchangeably as "development regulations") may be changed as long as the change is consistent with the Port Townsend comprehensive plan, including the policies of the Shoreline Master Program, and the city's official land use map and shoreline environments designation map. The land use code means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinance (including PTMC Titles 17, 18, 19, and 20), shoreline master program develooment regulations (amendments may require aooroval from the D~artment of Ecology), critical areas ordinances, shereliae IRlIster J'lffigram, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances (RCW 36.70A.030). Proposed amendments, changes, or modifications may be initiated as follows: (remainder of text remains as is) SECTION 9 TRANSMITTAL TO DCTED The City Clerk shall transmit a copy of this Ordinance to the State Office of Community Development (OCD) within ten (10) days of adoption of this ordinance. SECTION 10 PREPARATION OF REVISED COMPREHENSIVE PLAN COPIES Copies of the Revised pages of the Port Townsend Comprehensive Plan, Port Townsend Municipal Code, incorporating the changes to the tables/figures and Land Use Map set forth in this ordinance shall be prepared by the City Clerk and available for public inspection within thirty (30) days of the adoption of this ordinance. SECTION 11 EFFECTIVE DATE This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. 18 Ordinance 2945 SECTION 12 SEVERABILITY In the event anyone 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. Read for the first time on April 9, 2007. Read 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 16th day of April, 2007. \1\ ~:Jh Mark WeicK, Mayor " Attest: Approved as to Form: \ 1 ' '!ln~t- " Pamela Kolacy, CMC, City Clerk ~~~ John P. Watts, City Attorney Transmitted to DCTED: M.~12''5 , 2007 19 Ordinance 2945