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.
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(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.
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(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
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