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Home My WebLink About021 93 RESOLUTION NO. 21-93 REMANDING AMENDMENTS TO THE JEFFERSON-PORT TOWNSEND SHORELINE MANAGEMENT MASTER PROGRAM WHEREAS, the Washington state Shoreline Management Act of 1971 (Chapter 90,58, Revised Code of Washington) requires that counties and cities incur certain duties, obligations, and responsibilities with regard to implementation of said act; and WHEREAS, Jefferson County and the City of Port Townsend. have performed the necessary prerequisites for the establishment of shoreline master programs; and WHEREAS, Jefferson-Port Townsend Shoreline Management Master Program haS been approved by the State of Washington pursuant to Chapter 90,58 RCW in 1974; and WHEREAS, the Jefferson-Port Townsend Shoreline Management Advisory Commission has developed, reviewed, and recommended adoption of amendments to the Jefferson-Port Townsend Shoreline Management Master Programs which include amendments to Section 4,105 Urban Designation, Section 4,106 Port Townsend Urban Waterfront Special District, Section 4,40 Classification Table, and Section 8 Program Revisions which have effect within both Jefferson County and the City of Port Townsend; and WHEREAS, the Jefferson County Board of Commissioners has held a public hearing on February 2, 1993 to reconsider the proposed amendments to the Jefferson-Port Townsend Shoreline Management Master Program and based on the testimony received at that hearing the Board has concluded that the proposed amendments are not in the interest of the citizens of Jefferson County, NOW, THEREFORE, BE IT RESOLVED that the proposed amendments to the Jefferson-Port Townsend Shoreline Management Master Program are hereby remanded back to the Jefferson-Port Townsend Shoreline Management Advisory Commission for further consideration. Page 1 of 2 () r :Jl~:J f\d. APPROVED AND ADOPTED this .6?~ -- day of February, Jefferson County Board of Commissioners, SEAL: /1("~Æ~ " //(-:.',~'~~~~\ :..\ .' Î'/~. ¡"', '\" ¡Hi',' ::" ., , . - ',:. i! \ :.,' ,";' ¡ . .,.',',, :" ".#. ¡ .. ~._..J . " 4:A, '" ... " "-.~".so~t) ATTEST:'" . toO, ", \ .!} '.\, ~ Lorna Clerk 1993 by the Member C:\SMPREV\SMPAmend,Rem ': ,'¡ (")1'-' I '--< p', ~, .1- Û ",:".J .\.~ JEFFERSON COUNTY BOARD OF COMMISSIONERS FINDINGS AND CONCLUSIONS IN SUPPORT OF RESOLUTION NO. SHORELINE MANAGEMENT MASTER PROGRAM AMENDMENTS February 22, 1993 In adopting RESOLUTION NO. 21-93 which remands proposed amendments to the Jefferson-Port Townsend County Shoreline Management Master Program back to the Jefferson-Port Townsend Shoreline Management Advisory Commission for additional consideration, the Jefferson County Board of Commissioners makes the following findings: 1. The Third Edition of the Shoreline Management Master Program contains inconsistencies regarding regulation of residential development in the urban designation (Section 4,105) and the Port Townsend Urban Waterfront Special District (Section 4.106). Urban Designation Policy 1 states a preference for water-oriented development. Urban Designation Performance Standard 1 states that development shall be limited to water-oriented uses, but that non-water-oriented development may be authorized as conditional uses provided that they make provision for the public's continued and enhanced enjoyment of the shoreline commensurate with the degree of impact caused by the development. Water-oriented uses are defined in Section 2 Definitions. Residential development is not a water-oriented use. Section 4.40 Classification Table lists residential development as a primary use in the urban designation. These inconsistencies have resulted in confusion regarding the appropriate review process for residential development in the urban designation and the Port Townsend Urban Waterfront Special District. The Jefferson-Port Townsend Shoreline Management Advisory Commission became aware of these inconsistencies during the shoreline substantial development permit review of the Bay Vista II condominium project which is within the Port Townsend Urban Waterfront Special District. 2. 3. The Shoreline Advisory Commission subsequently requested that the Port Townsend City Council begin the process to determine whether the Shoreline Master Program should be amended to address these inconsistencies. 4. The Port Townsend City Council and City Planning Department staff developed draft amendments for review by the Shoreline Advisory Commission. The Shoreline Commission considered the amendments and recommended revisions to them to the City Council and the Board of County Commissioners, On October 26, 1992 the Jefferson County Board of Commissioners and the Port Townsend City Council held a public hearing to take testimony on the proposed amendments to the following sections of the Shoreline Master Program: Section 4.105 Urban Designation; Section 4,106 Port Townsend Urban Waterfront Special District; Section 4.40 Use Classification Table; and Section 8 Program Revisions. 5, 6. On October 28, 1993, the Port Townsend City Council approved Ordinance 2320 which adopted the amendments to the Shoreline Master Program. On November 2, 1992 the Jefferson County Board of Commissioners approved Resolution No.1 06-92 which adopted the amendments to the Shoreline Master Program. 7. .. . (J~ 1"'. ".,1 J tj r:r,;, ,\ 8. On January 11, 1993 the Jefferson County Board of Commissioners in consideration of concerns expressed by members of the public during their regular public meeting decided to hold an additional public hearing on February 2, 1993 to take testimony on the proposed amendments. Notices of the hearing were placed in the Port Townsend-Jefferson County Leader on January 13, 20, and 27, 1993 as required by WAC 173-19-060 (2). At their hearing on February 2, 1993 the Board of Commissioners received testimony that objected to the amendments on the following grounds: * The amendments would unduly restrict economic development within the Port Townsend shoreline jurisdiction by requiring water-dependent and water-related developments that are not allowed in the Port Townsend Zoning Code. * The amendments would unduly restrict the development of the Fleet Marine property to water-oriented development which may not be econonmically viable. * The boundaries of the Civic and Point Hudson Districts have been arbitrarily changed from those in the Port Townsend Waterfront Plan to allow transient accomodations on Thomas Oil property and prohibit them on the Fleet Marine property. * The amendments would have significant adverse effects on property belonging to the Port of Port Townsend. The procedure for adoption of the amendments did not provide for adequate consultation, review, and approval by the Port of Port Townsend. The proposed amendments would give to the City of Port Townsend sole authority over Port property that belongs to all the citizens of Jefferson County. * The amendments would have significant adverse effects on property designated as urban in Jefferson County. The procedure for adoption of the amendments did not adequately address the effects that would result from classifying residential development as a conditional use in the urban shoreline designation throughout Jefferson County. Based on the findings cited above, the Jefferson County Board of Commissioners concludes that the proposed amendments to the Shoreline Master Program are not in the best interest of Jefferson County and should be remanded to the Jefferson-Port Townsend Shoreline Management Advisory Commissi r further consideration. 9. C:\SMPREV\BOCFind,Rem (1'" -. ;;., '.J; r.;. ,j ~J