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HomeMy WebLinkAbout2909 Restaurants in M-II Zoning District and Establishing a Maritime Corridor Overlay District Ordi1ance No. 2909 AN ORDINANCE AMENDI~G TABLE 17.22.020 OF THE PORT TOWNSEND MUNCIP AL COD INCREASING THE MAXIMUM SIZE ALLOWED FOR REST AURAN S IN THE M-II (B) ZONING DISTRICT; ESTABLISHING A LIMITATION ON THE TOTAL NUMBER OF RESTAURANTS IN THE M-II (B) ZONING DISTRICT AND ESTABLISHING A MARITIME CORRIDOR OVERLAY DISTRICT WHEREAS, the Shoreline Advisory Group (SAG) has completed its evaluation of the shoreline areas located within the City; and WHEREAS, the SAG has prepared <Ii recommended draft Shoreline Master Plan (SMP) for the shoreline portions of the City; and WHEREAS, the SAG has recommended that restaurant uses within the M-II (B) zoning district be increased and that an overall limitation be established for total aggregate square footage for restaurants in the M-II (B) zonin, district; and WHEREAS, the City Council direct~d the Planning Commission concurrent with its review of the draft SMP amendments to prioritize and return a recommendation to Council as soon as practical (and in advance of the balance of the Planning Commission review of the draft SMP) regarding SMP policies concerning re$taurants within M-II (B) zoning and M-II (B) zoning code amendments with regard to squ~e footage requirements for restaurants; and WHEREAS, the Planning Commission held a public hearing on the draft amendments concerning restaurants within M-II (B) zoning on August 4,2005; and WHEREAS, the Planning Commiss~on after consideration of testimony received and a I review of the record determined that the pro1i>osed increase in restaurant size in the M-II (B) I I district in conjunction with a limitation on t~e allowable overall restaurant area in the district would be in the public interest: and WHEREAS, the Planning Commiss~on determined that a limitation on the aggregate square footage of restaurants in the proposed Maritime Corridor District as described in the Draft Shoreline Master Plan would be in the publi9 interest; and WHEREAS, the establishment of an Overlay District to limit aggregate restaurant square footage in the Maritime Corridor District wo~ld be appropriate until such time as the Shoreline I Master Plan is adopted and becomes effectiv~; and WHEREAS, the Planning Commission by a vote of 5 in favor and 0 opposed I recommended approval of the proposed amldments, V Ordinance 2909 I I NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: SECTION I: Table 17.22.020 of the Port Townsend Municipal Code shall be amended as follows: DISTRICT M-C M-I M-II M-II M-III APPLICABLE (A) (B) REGULA TIONS/NOTES Restaurants C C C C C No food service uses located without within M-C, M-I, M-II (A) drive-in or and M-III marine-related and drive through manufacturing districts may serVIce exceed 1,500 square feet of floor space. No food service uses located within the M-II (B) marine-related and manufacturing district may exceed 3,500 square feet of floor space (excluding outdoor seating). Within the M-II (B) marine- related and manufacturing district, the total aggregate square- footage for restaurants shall not exceed 11,000 gross square feet. SECTION 2: Maritime Corridor Overlay District Established. Consistent with the provisions of Chapter 17.26 PTMC, Overlay Districts, a new chapter of the Municipal Code shall be adopted as follows: MARITIME CORRIDOR OVERLAY DISTRICT Sections: 17.xX.OI0 17.xX.020 17.xX.030 17.xX.040 Purpose. Boundaries of District. Restaurant Size Limitation. Consistency with the Shoreline Master Plan. 17.XX.00 Purpose. The purpose of this chapter is to establish a "maritime corridor overlay district" to allow limited restaurant uses to be established within the district as a means of encouraging and retaining marine-related uses until such time as a revised Shoreline Master Program is adopted by the City. Ordinance 2909 17.XX.020 Boundaries of District. The boundaries of the maritime corridor overlay district are shown on the official maritime corridor 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 maritime corridor overlay map, attested by the signatures of the mayor and city clerk, with the seal of the city affixed, shall be kept on file in the office of the city clerk and shall be available for inspection by the public. 17.XX.030 Restaurant Size Limitation. The total aggregate size of restaurant uses (excluding outdoor seating) located within the maritime corridor overlay district shall be 4,000 gross square feet. 17.XX.040 Consistency with the Shoreline Master Plan. Should the City's Shoreline Master Plan be adopted or amended to include the establishment of a maritime corridor sub-district whose boundaries exactly match the boundaries of the maritime corridor overlay district and whose requirements achieve the purposes described in Section 17.XX.030, the maritime corridor overlay district shall be extinguished. The provisions of Section 17.22.020 PTMC shall apply in addition to the use provisions of the Shoreline Master Plan (SMP}. SECTION 3: 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. SECTION 4: Effective Date This Ordinance shall become effective five (5) days after its passage and publication. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this nineteenth day of September 2005. C~.:.:2~.~ Catharine Robinson, Mayor Attest: Approved as to Form: Q~ ~/~ Pamela Kolacy, CMC, City Clerk .~ John P. Watts, City Attorney Ordinance 2909