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Home My WebLink About08092001 Min Ag . . . CITY OF PORT TOWNSEND PLANNING COMMISSION AGENDA City Council Chambers, 7:00 pm August 9,2001 I. Call to Order II. Roll Call III. Acceptance of Agenda IV. Approval of Minutes: July 26,2001 V. New Business 1. Comprehensive Plan Amendment Workshop: Dwelling Unit Definitions & Code Cross-References BCD Staff Presentation, Judy Surber VI. Old Business 1. Review Draft Ordinances for Possible Setting of Public Hearings: A. Draft Cottage Housing Ordinance B. Draft SEPA Dwelling Unit Exemption Ordinance C. Proposed Text Amendments to Home Occupation Ordinance, PTMC 17.56 D. Draft Amendments to Wireless Facilities Regulation VII. Upcoming Meeting: August 30,2001 VIII. Communications 1. Memo to City Council from City Attorney John Watts re New Open Meetings Act 2. Jefferson County Planning Commission Meeting, August 15, Regarding Major Industrial Developments (MIDs) IX. Adjournment . CITY OF PORT TOWNSEND PLANNING COMMISSION MINUTES August 9,2001 I. CALL TO ORDER Chairman Larry Harbison called the meeting to order at 7:05 p.m. in the City Council Chambers. II. ROLL CALL Other members answering roll were Jerry Spieckerman, Jim Irvin, Frank Benskin and Lyn Hersey; Bernie Arthur was unexcused. Also present were BCD staff members Jeff Randall, Judy Surber and John McDonagh. Alan Youse represented the City Council. GeoffMasci attended and spoke as a private citizen. III. ACCEPTANCE OF AGENDA Mr. Irvin made a motion to accept the agenda, and Mr. Spieckerman seconded the motion. All were in favor. IV. APPROVAL OF MINUTES Mr. Spieckerman made a motion to approve the minutes of July 26, 2001 as amended, and Mr. Irvin seconded. All were in favor. V. NEW BUSINESS -- Comprehensive Plan Amendment Workshop: Dwellinl! Unit Definitions & Code Cross-References . BCD Staff Presentation was made by Ms. Judy Surber. She noted the schedule of Comprehensive Plan amendment workshops listed in her memorandum of August 2, 2001 to the Planning Commission and stated the September 27th date to consider the formal amendment proposed by the Northwest Maritime Center was at the Maritime Center's request. The Commission indicated their preference of having longer and fewer meetings. It was determined to leave the meetings as scheduled with the possibility of continued meetings. AMENDMENT #1 - Clarifv definitions of UnitlBedroom and Various Housinl! Tvpes ATTACHMENT A Issues raised on definitions regarding dwelling units or dwelling sites: e Accessory structure: Strike -- duplications of accessory building. Mr. Randall also suggested strikeout in the code for consistency. Adult familv home: Mr. Randall suggested amending to read, ". . .The maximum number of adults to be accommodated in such a home shall conform to the requirements of the Washington State Department of Social and Health Services as it exists now or is hereafter amended. . ." Bedroom: Clarification -- consistency with the Uniform Building Code (UBC) that a bedroom has to be attached.to the primary house. UBC regulates by use. Mr. Masci asked if this is going to be way out of compliance with appraisal standards and suggested including the caveat to require a closet to be consistent. Mr. Randall indicated they also have the option of deciding a bedroom can be accessory to a single family house. Dwellinl! Unit: (Ms. Surber's handout.) To be more consistent with the UBC and to better define what a complete living unit consists of. Efficiency dwellinl! !!!!it: Much the same as dwelling unit (no distinction in the zoning code from a single family residence; in the building code the most minimal house you can have -- approximately 400 sq. ft. including full facilities.) Familv: Noting that it can mean a group of people unrelated by blood or marriage. Guest House: Policy question -- should detached bedrooms be permitted in any zone? Reference made to requirements for Accessory dwelling units (ADUs). Guest houses are prohibited in the zoning code; BCD Planning Commission Minutes Page 1 August 9,2001 · · · proposed adding guest house or detached bedroom in the use table and explicitly saying "prohibited." Mr. Spieckerman was bothered by the restriction. Mr. Randall said the proposal is that should be an ADD. Mr. Spieckerman asked with a kitchen and bathroom and everything else? He strongly recommended removing the language as a requirement. BCD feels a decision needs to be made one way or the other. Halfway House: Mr. Spieckerman raised the issue that there are other kinds of halfway houses. Mr. Randall indicated they are a prohibited use within the city. Institution. educational: Housekeeping change to "schools." Nursinl!. rest. Q! convalescent home: Ms. Surber referenced her handout: ". . . means an establishment licensed by the State to provide full time complex or chronic care for seven or more individuals who by reason of chronic illness or infirming are unable to care for themselves." "Seven or more" differentiates this from an adult family home. Mr. Randall felt Alzheimer units fit better in this category. Mr. Masci questioned, "Such care shall not include surgical, obstetrical or acute illness services." He pointed out Medicare restrictions which would impact that prohibition. "Services" was pointed out as a key word. Mr. Masci suggested this wording is out of compliance with medical reality, and suggested they might say "scheduled surgical care" to allow for emergency services, or such wording as "These facilities shall not contain an operating room." Planned unit develol)ment Q! PUD: Clarification -- additional wording pointing out that through a PUD you can exceed the base density of the underlying zoning district, and also to change the units per structure. Townhouse or rowhouse: Mr. Randall suggested the definition should be changed to five or more. Residential treatment facilitv: -- See Attachment C ATTACHMENT B (No changes yet.) Assisted Livinl! Facilitv: Listed in the comprehensive plan, but not in the zoning code. Decide whatever they are called, they are consistent throughout. Adult care homes are allowed in all residential districts; nursing home is not. Dwellinl! units: To make sure they are the same in bOtll the zoning code and the comprehensive plan. ATTACHMENT C - Table 17.16.020 Single-Family Residential Uses: Efficiency dwellinl! unit: Deleted. Mr. Randall clarified someone could build a very small house that meets the definition of efficiency dwelling unit -- it's a single family dwelling. Multifamily Residential Uses: Apartment houses: Insert # 1 to reflect four dwelling units per structure could be modified through PUD approval. Boardinl!houses: Proposed separating from lodging houses. Permitted in all four zones. Consistent with definition offamily. Now no cap on number of boarders, and permitted outright. Changed to six or fewer roomers. Lodl!inl! houses: Not permitted in R-I and R-II zones. Intensity of use, (potentially one car per lodger). Changed to 7 or more roomers. Nursinl!. rest Q! convalescent homes: Residential treatment facilities includinl! I!roup homes for the disabled: City Attorney suggested to strike the note and insert language in handout, "Group homes for disabled are protected by State and Federal law and cannot be treated differently from residential structures occupied by a family." Townhouses Q! row houses: Mr. Masci asked why not allowed in the R-II zone. Mr. Randall suggested the definition should he changed to 5 or more. Accessory Uses: Detached office/artists studio: Insert #2 -- to allow home occupations in detached structures, consistent with the residential zone. Home occupation regulations limit the size. Mr. Masci tllOught "artists studio" opened a . can of worms. "Detached office/studio was suggested." Ms. Hersey noted two different things .- someone building an office or studio for business, and somebody building a studio or office for recreational purposes. She suggested they be defined in both categories; give it to both so we don't have the issue. Mr. Randall suggested commercial versus non-commercial. Mr. Spieckerman suggested, "Commercial use subject to home occupation regulations." Ms. Hersey repeated that it needed to be defined clearly in both categories separately (maybe a building to store tools or an office, and then wanting to run a business out of it). Other Uses Schools. Hil!her Education: Prohibited [Xl in R-I and R-II zones; Conditional Use [C] in R-III and R-IV zones. Intensity of college is greater. Elementary - high schools are a service to the general community and Planning Commission Minutes Page 2 August 9, 2001 · · · people living next to them. College is an option, a destination and not as closely tied to the neighborhood. Not a lot ofR-III and R-IV available; they are conditional in P/OS; not permitted in P/OSE and permitted outright in P-I zones -- could go for a rezone in poI. PROBLEM AREAS IN ATTACHMENTS A-C: 1. What do YQY call ª house with two separate kitchens not cut off ~ the original house? Mr. Glenn Norcross pointed out it can be defined in a court of law by putting a lock on a door; when you stop access from one side to the other you change the whole thing -- it is a home with two kitchens. When that lock is on one side, you change the whole thing. Mr. Randall asked when does it become an ADU; an ADU has separation issues: I-hour ceiling, I-hour walls. Ms. Hersey suggested using the building code requiring a I-hour firewall for someone wanting two separate kitchens. Þ4r. Randall said they need a definition of kitchen. In the past it was defined as the oven; the oven/range is when it becomes a kitchen. Presently, with the second kitchen, it becomes and is regulated as an ADU. They can I-hour it, still use iffor one family, but if they wanted to build a second ADU they couldn't do that. If they don't call it an ADU, they can't require the fire protection. Mr. Randall suggested that the other things plus the oven/range defines the kitchen; when you get enough living facilities in a structure or in a space, it becomes a dwelling unit, and that is what they are trying to define. Suggestions included: Mr. Masci supported Mr. Norcross' suggestion; when a kitchen is walled off, the decision is made for you, it is a dwelling unit. It isn't, if there is no barrier or anything. Mr. Norcross: define the kitchen, have the 220 range top (once you have hard wired it, it is obvious you have just made it a kitchen) -- define it to the maximum. Mr. Spieckerman: include in the building pennit -- subject to and agree to the review process. Mr. Masci: inspection on sale. Ms. Hersey: complying to the codes is a safety issue -- require a I-hour firewall up front. Mr. Randall said if there is concern about people's fights to have multiple kitchens, they could have a definition: the dwelling unit has all the facilities and is separated by a wall or a door they lock from any other dwelling unit in the house with its own separate egress or ingress or to a hall. If they have these illegally, BCD would have to go in afterwards and force them to retrofit, or if they already have an ADU and have illegally converted something, make them tear it out. Ms. Surber asked if the definition of kitchen is -- oven range requiring 220 voltage or propane, you could have a second kitchen that would have everything but that, then if you had an ADU would you necessarily have to have a 220 range? 2. Can someone build ª guest house/detached bedroom without kitchen facilities? The Use Table now does not allow; you would have to make either an office or an ADU. Mr. Spieckerman felt accessory structures that contain bedrooms should be permitted. Mr. Benskin questioned sanitation facilities. Ms. Surber said you would have to have a bathroom, but if you added a kitchen, it would become an ADU. Mr. Harbison asked if kitchen facilities should be the evaluator they should be using for a detached bedroom. Mr. Spieckerman did not see any reason to require sanitary facilities. Mr. Randall asked who thinks it would be O.K. in the code as an accessory use to a single family dwelling to have bedrooms. Four out of five approved with reservations regarding sanitation facilities. Mayor Masci stated he had come to address concerns regarding the home occupation ordinance. He asked to interrupt the agenda to allow him to do this as he had to leave. HOME OCCUPATION ORDINANCE. PTMC 17.56 Mr. Masci spoke of the process evolution stating that some 20 years ago home occupations were defined by use. Mr. Dave Robison informed him that in 1996 the ordinance was the most liberal in the State of Washington. Mr. Masci said in 1999 the use of his home occupation was out of compliance, but the City did not notify him. Mr. Masci made the following points in reference!Q PTMC Chapter 17.56: 17.56.020 Permits required. (Wrong kind of permit.) You are dealing with a building permit -- it should be a business permit which could be regulated more flexibly and equitably, and not be a BCD problem. Think about separating it and making a business function. You can put caveats on it to take care of complaints; you could issue a provisional permit for 3 years with a I-year renewal based on complaints -- if the neighbors complain, Planning Commission Minutes Page 3 August 9, 2001 · · · you review it yearly. If you achieve 3 years with minimal number of complaints (you set a threshold), it is fine; review complaints for validity, and count egregious violations only. 17.56.030 Application process, Item D, Limitations. Only one permit at one time --limits two people in a household from having different home occupations. Limits economic activity, the ability of hiring people, etc. Proposed text amendment. 17.56.060 Required conditions. A (Eliminate -- contradicts E) Totally unfair, i.e., you make a sun room to expand your waiting room -- you are not allowed to do that because it's related io your home business. C Becomes a problem if the business grows and you have to move it to a commercial building. Anti-economic development. F So as not to make the list prescriptive, insert such things as, ". . .(e.g., paintings, crafts or artwork, and hair care products incidental to a beauty salon, vitamins. prosthetic devices. etc..). . ." H ". . . only two commercial pickups or deliveries ~ ~ are permitted." Strike, not realistic. J "Except for three non-resident workers, . . ." (Is limiting.) Home businesses are supposed to be incubators for success to provide income for the community and employment for people. K "No more than one worker vehicle may be parked on-street, . . ." (Unrealistic and unfair.) Discriminatory to small business which are less able to absorb this type of restriction than commercial districts. Also impacts "three non-resident workers" (J above). L "Home occupations that OCCUpy more than 500 square feet. . ." Mr. Randall pointed out that carmot be modified; it is a UBC, a state requirement, and is only included as a cross-reference. UBC says commercial business occurring in residential space that exceeds 500 square feet shall provide fire safety separation between the two -- I-hour wall, I-hour door. N "No production, generation of any hazardous substance, or storage of any hazardous waste shall be permitted;" That would mean doctors, photographers, architects could not have a home occupation, yet it has always been an assumption those professions would be allowed. (Not applicable unless you put some caveat that photographic, medical supply, medical waste is exempted.) 17.56.070 Minimum standards - Minor Home Occupations. If you differentiate between minor and major, it is some kind of zoning or building issue. If you switch to business, you don't have to deal with this. Suggested the following if you leave this in: A Leave B Eliminate the 800 square foot. C Eliminate ". . . five customer vehicle trips ~ ~;" (is destructive to success.) D "One sign identifying. . . three square feet. .." Six square feet and three signs is better -- two faces on a corner lot. No electric signs; signs could be reviewed. 17.56.80 Minimum standards - Major Home Occupations. Problems created between minor and major home occupations: A "... within 100' of an arterial or collector street;" Why not 200'? B "No other maior home occupation mav exist within 300 feet of the propertv;" Uptown -- Starrett House, Annapurina Inn and Ravenscroft Inn are all on adjacent lots. Enforcement issues -- i.e, parking, etc. C "... 12 custome( trips per day;" D "Maximum floor area. . . shall not exceed 50% . .." Should be determined by the construction of the building, not by an arbitrary number of square footage. It is losing site of the goals which are to encourage business, to allow people the most flexibility to be successful. With the Home Occupation act you can't track it; if you have a business license, you can tax them -- that is the difference. G "Off-street parking may be required if on-street parking for the home occupation ~ inadequate or would be detrimental !Q the nei~hborhood." Has to do with the nature of a specific thing. 17.50.090 Permit administration and enforcement. As a business -- you can check it out if it becomes a condition of issuing a license. You can be review it, and it can be controlled if something changes, and we can collect taxes. We can be more flexible and still have control over the development of growth and the uses ofthe neighborhood if we approach it from a business model standpoint. Answering Ms. Hersey's question of how the Planning Commission can move this forward, Mr. Masci stated home occupations are allowable in residential neighborhoods per application of business licenses and will fit the criteria of the business license ordinance; then it is up to BCD people to come up with the criteria. A lot of them will shift over from this ordinance. It becomes more of a financial issue than a building issue. It changes the Planning Commission Minutes Page 4 August 9,2001 · · · paradigm and allows you to get those businesses that are soft and non-conforming and non-impacting into our economy. Mr. Randall explained, one thing Mr. Masci was saying, if you have zoning regulations and a conditional use permit process that is fairly strict, e.g. limitations on trips, employees, and parking, it is forcing people underground. Mr. Irvin indicated they want to make this as flexible as possible, but there are impacts to the residential neighborhood. Mr. Spieckerman noted that home occupation restrictions should really be about protecting the neighborhood. He said if he buys a house in a certain area, that is what he wants it remain. Mr. Randall pointed out there will be a public hearing on tlÜs. Mr. Spieckerman felt too many of these issues were over-regulated. He suggested regulating safety issues, building codes, issues that impact the neighborhood -- e.g., how many buildings, the size, etc., and said who cares if they sleep in it, put in an office or an artist's studio? Problem areas in Attachments A-C (continued) 3. Sanitation and cooking devices in detached office. regulated as an ADU. Mr. Randall answered Mr. Benskin that it would have to be attached to a water and sewer source, the city's main line directly and pay SDCs, or the side sewer; an ADU can be either attached or detached from the main house. 4. Definition of congre~ate living arrangement. Ms. Surber will do more research for definitions from those who run these facilities. Mr. Randall indicated if they say assisted living facilities should be treated like a nursing/rest/or convalescent home, they would not be allowed in R-I or R-II zones; Mr. Harbison, it is how they fit in these zones. It is not the distinction of a complete cooking facility. Mr. Randall explained if they want tllem in R-II as conditional use, tlley do get into this issue, that the Comprehensive Plan is not clear and they have to decide when they have to be broken up into separate structures not to exceed four dwelling units per structure. He said if you want these buildings broken up, if you don't want these big, monolithic assisted living facilities in R-II, and there will be more, you should just say that these are basically dwelling units. Mr. Benskin and Ms. Hersey concurred with the idea of dwelling units. Mr. Irvin disagreed saying he supported tlle definition when you have a communal kitchen and dining room, and it is for the express purpose of congregate care, those units should not be defined as individual dwelling units and therefore be subject to being broken up; Mr. Randall, they are oriented around that common facility, even though they might have some amenities in their room. Mr. Irvin recognized that a lot of people don't want them in their back yard, but they are coming and we need to determine where to put them. Mr. Harbison indicated the problem is, if they do consider them congregate care, and not consider them individual units, they have to determine how much size they are willing to see in R-II. Mr. Randall concurred, if they allow them in R-II; they tend to be big and don't like to break them up because they are so reliant on those common facilities. Then maybe they should be allowed in R-III, R-IV or do a PUD which would give a little more flexibility and they could still be required to do some breaking up. Prohibiting them in R-II deals with a lot ofthe problem, treating them like a nursing home. If you do them in R-II with a PUD, you have to do density calculations. There is limited R-III and R-IV property, and so few that are set with the proper infrastructure. Adding the PUD to the R-II would need to be indicated in the code. Consensus: Allow in R-II with a PUD and identify the density calculations. 5. Businesses permitted in R-I and R-II zoning districts. Mr. Randall pointed out they had fixed the townhouse situation. 6. Calculation of parking in use tables. Ms. Surber said they would deal with the parking code later. 7. Difference between con~regate care. assisted living. nursing/rest/convalescent home. group home. residential- treatment facilities? Ms. Surber explained that "group home" is state and federally protected. She referenced a Supreme Court ruling in Pasco where they could not require a special use pennit, we call a conditional use permit. City Attorney Watts is reviewing that case and says the City may have to change its codes to allow group homes to be permitted outright in all zones. She said in that case they want to tighten up the definition of group homes; she will have recommendations in time for the hearing. Now the definition for residential treatment facilities is broad. The Use Table says residential treatment facilities and group homes are together; nursing and convalescent homes are broken out separately. Residential-treatment facilities elsewhere in the code are pennitted, in the C-II Hospital zone. Residential-treatment facility is not the same as group homes, not Plarming Commission Minutes Page 5 August 9,2001 · · · federally/state protected. Mr. Benskin questioned the definitions for residential-treatment and for halfway house. Mr. Surber said she and Mr. Watts are looking at it more as a halfway house. There was discussion regarding several of those definitions which are separated in the Use Table. Mr. Harbison suggested reference to recovery and transitional, and said that it appears the definition of halfway house clearly indicates that it is transitional housing from a more custodial confinement. Mr. Randall added that it is involuntary. Ms. Surber then said the one thing they don't have covered now is the drug and alcohol recovery; Mr. Harbison reiterated that it is recovery and transitional housing. Mr. Spieckerman added mental health. Mr. Benskin said rather than permitting outright in R-I and R-II there should be some kind of process to notify neighbors what is going on -- some kind of license, permit or information process and regulation of it. Ms. Surber asked if mental health, drug, and alcohol transitional, and sex offenders would all be the same kind of concern? Mr. Benskin said they wouldn't be the same kind of people, but the same kind of consideration for the neighborhood should apply. Ms. Surber said she would find some way to differentiate residential-treatment facility from the rest. VI. OLD BUSINESS 1. Draft Cottage Housing Ordinance 2. Draft SEPA Dwelling Unit Exemption Ordinance 3. Proposed Text Amendments to Home Occupation Ordinance PTMC 17.56 4. Draft Amendments to Wireless Facilities Regulations It was determined to forego further discussion on the ordinances listed above due to a lack of time. Mr. Randall said BCD would schedule a public hearing for the August 30 meeting. It was determined to convene the hearing at 6:00 p.m and to continue the hearing if there was not sufficient time to hear all four draft ordinances on August 30th. Public testimony and deliberation on ordinances requiring less attention, e.g. Nos. 4 and 2, will be considered first. v. UPCOMING MEETINGS August 30,2001 -- 6:00 p.m. VIII. COMMUNICATIONS 1) Memo to City Council from City Attorney Jolm Watts re New Open Meetings Act 2) Jefferson County Planning Commission Meeting regarding Major Industrial Developments (MIDs), August 15, 2001, 7:00 p.m. WSU extension in Hadlock. Mr. Randall encouraged Planning Commission members to attend but asked that they not constitute a quorum. IX ADJOURNMENT Motion to adjourn the meeting was made by Mr. Benskin and seconded by Mr. Irvin. All were in favor. The meeting adjourned at 10:00 p.m. ~Jjo,_OJ~ ~ ú,Uf Sheila Avis, Minute Taker , Planning Commission Minutes August 9,2001 Page 6 · City of Port Townsend Office of City Attorney Waterman & Katz Building 181 Quincy Street, #201, Port Townsend, WA 98368 (360) 385-5991 Fax: (360) 385-4290 e-mail: jwatts@ci.port-townsend.wa.us MEMORANDUM DATE: TO: FROM: SUBJECT:. August 1, 2001 Members of the City Council John Watts, City Attorney0V,....J New Open Meetings Act Decision - Email Communication Can Constitute Meeting · The state court of appeals issued a decision on July 27 on the application of the Open Public Meetings Act (OPMA) to members-elect of a governing body and to e-mail communications between members of a governing body. In Battle Ground School District v. Wood, the court determined that the OPMA does not by its terms expressly apply to members-elect of a governing body, and that it is up to the state legislature, not the courts, to decide that it does. The court also held that the OPMA can apply to the exchange of e-mail between governing body members if they intend to transact official business and discuss issues that mayor will come before the body for a vote. The following quotes from the court decision state when activity, including email communication, constitutes a "meeting" subject to OPMA requirements. · Thus, in light of the OPMA's broad definition of , meeting' and its broad purpose, and considering the mandate to liberally construe this statute in favor of coverage, we conclude that the exchange of e-mails can constitute a 'meeting.' In doing so, we also recognize the need for balance between the right of the public to have its business conducted in the open and the need for members of governing bodies to obtain information and communicate in order to function effectively. Thus, we emphasize that the mere use or passive receipt of e-mail does not automatically constitute a 'meeting.' The OPMA is not violated if less than a majority of the governing body meet. ... And the participants must collectively intend to meet to transact the governing body's official business. .. .(social function can be a meeting if it is scheduled or designed to discuss official business); Roberts v. City of Palm dale, 5 Cal. 4th 363,853 P.2d 496,503,20 Cal. Rptr. 2d 330 (1993) (Brown Act applies to collective action, not the passive receipt of e-mail by members absent a concerted plan to engage in collective deliberation). Finally, the governing body members must communicate about issues that mayor will come before the Board for a vote; in other words, the members must take 'action' as the OPMA defines it. MEMORANDUM John Watts, City Attorney 2 Thus, the OPMA is not implicated when members receive information about upcoming issues or communicate amongst themselves about matters umelated to the governing body's business via e-mail. See, e.g., RCW 42.30.070 ('It shall not be a violation. . . ofthis chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting { . } '); . . .(independent and individual examination of documents by commission members prior to open meeting where contract was awarded did not violate the OPMA). Applying these standards here, fthe plaintiff! has established a prima facie case of 'meeting' bye-mails. The post-oath e-mail discussions involved a quorum of the five-member Board. For instance, on November 30, Sharp sent an e-mail to all Board members and another e-mail to three of the members; on December 1, Sharp again e-mai1ed all the Board members, attaching a response he had received from Striker about a matter they had discussed; next, on December 3, Kim e-mailed Sharp and copied three other Board members in response to Sharp's earlier e-mail; and on December 5, Sharp again e-mailed all Board members. Further, these discussions related to Board business, including the possibility of instituting a declaratory judgment in regard to Beck's contract with the District and otherwise evaluating Beck's performance, and the structuring of the Board's liaison duties. And the active exchange of information and opinions in these e-mails, as opposed to the mere passive receipt of information, suggests a collective intent to deliberate and/or to discuss Board business. Thus, there are genuine issues of material fact as to whether the members held a meeting, as the OPMA defines that word, by e-mail. · · (Citations are omitted and underlining is added.) . Please call with any questions. Cc David Timmons City Boards and Committees C/council/mem%pen meetings email8 01 01 · J City of Port Townsend Building & Community Development Waterman & Katz Building 181 Quincy Street, Suite 301 Port Townsend, WA 98368 (360) 379-5084 August 2,2001 MEMORANDUM TO: Planning Commission FROM: Judy Surber, Senior Planner SUBJECT: Workshop on Comprehensive Plan Amendments Schedule Given the number and complexity of the proposed Comprehensive Plan Amendments, we propose the following workshops: August 9 ~ Amendment #1 - Clarify Definitions of Unit /Bedroom and Various Housing Types ~ Sept 13 - Amendment #4 - Remove FUGA Language from the Comprehensive Plan Amendment #5 - Review and Amend FUGA Language in the Comprehensive Plan Sept 27 Amendment #6 - Resolve Zoning of US West Facility -Lawrence St Amendment #7 - Resolve Zoning of Abundant Life Amendment #8 - Rezone Portions of Blocks 278 & 279, Eisenbeis Amendment #3 - Add Policy re: Major Industrial Developments Formal Amendment - Northwest Maritime Center Amendment #1 Clarify Definitions of Unit /Bedroom and Various Housing Types Attachments A & B provide excerpts from the Comprehensive Plan and zoning code focusing on bedrooms/units/housing types. Look for inconsistencies and duplications. The code shouldn't complicate our lives! ~ · · · Attachment C - Is the use table for the residential zoning districts with proposed revisions. Focus on the various housing types. Think: about the density and nature of impacts associated with each. During the workshop, we will review the proposed revisions in Attachments A-C, and then move on to the problem areas. Here are a few that we came across: 1. What do you call a house with two kitchens? 2. Can someone build a guest house/detached bedroom without kitchen facilities? Since the use table does not list guest house/detached bedroom, it is not a permitted use. If it were permitted, we would need to decipher how the density should be calculated. 3. Can you put sanitation and cooking devices in a detached office, or would it then be regulated as an ADU? The size limitations for home occupations (17.56.060) and AD Us (J 7.16. 020 C(4)) are nearly identical. It seems prudent to review the building plans for compliance with the ADU ordinance and the use under the home occupation ordinance. 4. How do you define a unit in a congregate living arrangement? Is a bedroom a unit or only if you add, "complete cooking facilities"? What constitutes 'complete cooking facilities? 5. Do the uses permitted in the R-I and R-II zoning districts make sense given that a maximum of four dwelling units is permitted in anyone structure? The notes in the use table could be clearer (see our proposed revisions) but in general, our interpretation is that "multifamily residential uses" are subject to the density requirements of 17.16.030 and thus, if constructed in the R-I or R-II zone, they would be limited to four or fewer units per structure. An exception could be granted through a PUD. 6. Is it clear how one would calculate parking given the different terms used in the parking vs. use tables? 7. What's the difference between congregate care, assisted living, nursing/rest/convalescent home, group home, residential- treatment facilities? See you at the workshop. . . e ATTACHMENT A EXCERPTS FROM TITLE 17 "Accessory building" means a subordinate building attached to or detached from the principal building and used for purposes customarily incidental to the use of the principal building and not involving the conduct of a business or the sale of a service. Accessory buildings include but are not limited to an automobile storage garage, play house, laundry room, garden shelter, hobby room and mechanical room. "Accessory dwelling unit" means a separate dwelling unit with separate cooking facilities that is substantially contained within the structure of a single-family residence or an outbuilding which is accessory to such residence. "A-ecessory structure" means a detached, subordinate structure, located on the same lot, the use of which is clearly incidental to that of the principal building, or to the principal use of the land. "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. "Addition (to an existing building)" means any roofed and/or walled expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled roofed and/or addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction. "Adult family home" means a home in which residential care is provided on a 24-hour basis by an owner or tenant of the heme dwelling unit in which care is provided, plus the family of the provider. The maximum number of adults to be accommodated in such a home shall conform to the requirements of the Washington State Department of Social and Health Services. As of the date of this ordinance. the maximum number allowed is six (6). "Apartment" means a room or suite of rooms within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities that function or are intended to function for living, sleeping, and cooking. "Apartment hotel" means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public. "Apartment house" means a building or portion of a building arranged or designed to be occupied as five or more separate dwelling units. "Apparel and accessory stores" means stores primarily engaged in selling new or used clothing, shoes, jewelry, and related articles for personal wear and adornment and stores which rent clothing such as costumes or formal wear. · "Bed and breakfast inn" means a building with a central kitchen which provides the primary residence for the owner or operator and which offers guest rooms for travelers and transient guests for compensation. Food service may be offered exclusively to people registered to use the inn for lodging or special events. Accessory buildings which were lawfully established prior to June 1, 1989, may be considered part ofa bed and breakfast inn. A bed and breakfast inn is a transient accommodation and shall conform to the definition thereof "Bedroom" means a room integrated within a dwelling unit or other housing type permitted by the zoning district.. A bedroom is a room other than a kitchen, dining room, living room, bathroom, or closet, that is marketed, designed, or otherwise likely to function primarily for sleeping. "Boardinghouse" means a dwelling that provides the primary residence for the owner or operator and in which not more than four roomers, lodgers and/or boarders are housed or fed. A boardinghouse is to be distinguished ITom both a lodging house and a hotel. "Building" means: A. Generally: Any any structure having a roof, but excluding all forms of vehicles even though immobilize& When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then "building" means one so designed and constructed that all exterior walls of the structure shall be solid ITom the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed. · "Building, principal" means a fully enclosed and roofed structure, or portion thereof in separate ownership, which houses the primary uses of at least one business, residence or other establishment. Accessory buildings or outbuildings are not included in this definition. "Condominium" means a form of ownership of property where the purchaser normally acquires title to a part of a building and/or a portion of land, and an undivided interest in the common areas and facilities; as distinguished from a cooperative, where the purchaser usually acquires stock that represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living rooms with individual baths and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit or a separate hotel room for the purposes of this title. "Congregate care facilities" means a building or complex of dwellings designed for, but not limited to, occupancy by senior citizens which provides for shared use of facilities, such as kitchens, dining areas, and recreation areas. Such complexes may also provide kitchens and dining space in individual dwelling units. Practical nursing care may be provided, as well as recreational programs and facilities. Convalescent Home. See "Nursing, rest, or convalescent home." · Cooperative Apartment. See" Apartment house." · · · "Duplex" means a single structure containing two dwelling units, either side by side or above one another. For purposes of this title, units in a duplex are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. See also "Dwelling, single-family attached," "Triplex," and "Fourplex." "Dwelling, multifamily" means a building containing five or more dwelling units, including units that are located one over the other. "Dwelling, single-family attached" means a dwelling having any portion of a wall in common with up to three adjoining dwellings. "Dwelling, single-family detached" means a dwelling that is entirely surrounded by open space on the same lot, and which is designed for and occupied exclusively by one family and the household employees of that family. "Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family. "Dwelling unit" does not include motel, tourist court, rooming house, or tourist home. (Ord. 2700 § 3, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997). 17.08.030 E through H. "Efficiency dwelling unit" means a d'.velling unit consisting of one room exclusive of bathroom, kitcheA, halhvay, closets, or dining alcove, whether or Hot directly off the principal room. The UBe refers to EDUs as a type of unit, which meets a set of minimum size requirements and provides essential living facilities. An EDU is essentially a very small single-family dwelling. Since the zoning code does not regulate EDUs any differently than a dwelling unit, we propose to delete it from the zoning code. "Family" means one or more persons related by blood, marriage, adoption, or a group of not more than six persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. The persons thus constituting a family may also include foster children, guests and domestic servants. State-licensed adult family homes and consensual living arrangements of disabled persons, in accordance with the federal Fair Housing Act, are exempt ftom this definition. "Foster home" means a home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than five unrelated juveniles, adults or both. "Fourplex" means four attached dwellings in one building in which each unit has at least one open space exposure and shares one or two walls with adjoining units. For purposes of this title, fourplexes are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. "Fraternal organization" means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements. (Note: this is not a "fraternity"). · "Fraternity, sorority, or student cooperative" means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated by such institution. "Group home for the disabled" means a dwelling shared by four or more disabled persons, and resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, "disabled" means: A. Having a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; B. Having a record of having such an impairment; or C. Being regarded as having such an impairment. However, "disabled" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. "Group home for the disabled" shall not include alcoholism or drug treatment centers, work-release facilities for convicts orex-convicts, or other housing facilities serving as an alternative to incarceration. "Guest house"/ "detached bedroom" means living quarters without a kitchen located on the same lot with a principal building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises. Guest houses/detached bedrooms are not permitted in any zoning district. See also" Accessory dwelling unit." · "Halfway house" means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive confinement wherein supervision, rehabilitation, and counseling are provided to mainstream a person back into society. "Home occupation" means any profession, trade, occupation, or activity carried on for a livelihood or engaged in with the object of gain, benefit, or advantage to the participant or another person or class, directly or indirectly, for profit, and which is conducted as a customary, incidental, and accessory use in the resident's dwelling unit or an associated accessory structure. Home occupations shall only be allowed as regulated pursuant to Chapter 17.56 PTMC. "Homeless shelter" means a facility that provides temporary housing for individuals or families which, due to personal adverse financial situations, have lost their homes. See also "Residential treatment facility." "Ißstitutioß, edueatioßal" "Schools. higher education" means a college, junior college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instructions as approved by the State Board of Education or by recognized accrediting agency, excluding preschool, elementary and junior and senior high schools, and trade and commercial schools; including fraternity and sorority houses. · "Kitchen" means any rooms used or intended or designed to be used for cooking and/or preparation of food. · · · "Lodging house" means a building that provides the primary residence for the owner or operator and in which five or more roomers, lodgers and/or boarders are housed or fed. A lodging house is to be distinguished from both a boardinghouse and a hotel. "Manufactured home" means a single-family residence constructed after June 15, 1976, in accordance with the US. Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. It is a structure, transportable in one or more sections, which is designed to be used with or without a permanent foundation when connected to the required utilities. (Note: Manufactured homes were formerly called "mobile homes" before the federal government assumed control of the construction standards for the industry by way of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 US. Code, Section 5401). The term "manufactured home" does not include "modular home." "Manufactured or mobile home park" means land under single ownership and control designed and used for the temporary or permanent parking of two or more manufactured or mobile homes for human occupancy. "Mobile, manufactured and modular housing sales" means the sale of a new or used mobile, manufactured, or modular housing. Sale of recreational vehicles and motor homes is defined under "Motor vehicle sales." "Mobile home" means a single-family dwelling constructed in accordance with the requirements prescribed under RCW 43.22.340, as amended, and bearing the "mobile home" insignia of the Washington State Department of Labor and Industries. It is a dwelling transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. A commercial coach, recreational vehicle, and motor home shall not be considered a mobile home. (Note: Manufactured homes were formerly called "mobile homes" before the federal government assumed control of the construction standards for the industry by way of the National Manufactured HQme Construction and Safety Standards Act of 1974 (42 US. Code, Section 5401). Mobile Home Park. See "Manufactured or mobile home park." "Modular home" means a dwelling unit constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance, and transported to the building site for final assembly and permanent foundation. This definition includes prefabricated, panelized,and factory-built units. Multiple-Family Dwelling. See "Dwelling, multifamily." "Nursing, rest, or convalescent home" means an establishment which provides full time care for three seven or more chronically ill or infirm persons. Alzheimer units are included in this category. Such care shall not include surgical, obstetrical or acute illness services. See also, "Adult Family Home". "Owner/operator residence" means a single-family residence incidental to the commercial use of property, occupied exclusively by the owner or operator and family of the commercial use. · · · "Planned unit development" or "PUD" means a special overlay zoning designation subject to discretionary approval under Chapter 17.32 PTMC. As regulated under Chapter 17;32 PTMC, PUDs are residential developments that are planned and/or developed in several stages consistent with a unified site design, and may consist of clusters of multi-unit structures interspersed with areas of common open space. In appropriate circumstances. the PUD overlay allows an applicant to. take advantage of flexibile zoning standards. modification of requirements of the city's engineering design standards. and bonus densities. Once approved, prescriptive regulations relating to bulk, dimension and infrastructure may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits. (The added verbage comes from the PUD Chapter and is meant to clarify that P UDs may exceed the base density of the underlying zoning district). Residence. See "Dwelling unit." "Residential treatment facility" means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group care homes, emergency or homeless shelters (including facilities or homes for victims of violence), recovery homes, and group homes, rest and convalescent homes, and orphanages. In such a facility, services, equipment, and safety features necessary for the proper care of residents is normally provided. Such services may include: A. Supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene; B. Care in emergencies or during temporary illness, usually for periods of one week or less; C. Supervision in the taking of medication; and D. Other services conducive to the residents' welfare. (Restlconvalescent and residential treatment facilities are treated differently in the use tables) (Check with City Attorney**) "Residential use" means use ofland or structure thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as in hotels, motels, or time-sharing condominium uses. Rest Home. See "Nursing, rest or convalescent home." " "School" means a place for systematic instruction in any branch or branches of knowledge, including elementary and junior and senior high schools, whether public, private, or parochial. "School, commercial" means a building where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. Shelter, Emergency. See "Residential treatment facility." Single-Family Dwelling. See "Dwelling, single-family, attached" and "Dwelling, single-family detached. " · · · "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, common roof-top residential television antennas, retaining walls less than four feet in height, rockeries and similar improvements of a minor character less than three feet in height. "Tourist home" means a building which provides the primary residence for the owners and which offers not more than two guestrooms for hire to transient guests for sleeping purposes only. A tourist home or a portion thereof may be located in an accessory building which was lawfully established prior to June 1, 1989. A tourist home is a transient accommodation and shall conform to the definition thereof "Townhouse or rowhouse" means a one-family dwelling in a right-of-way of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire resistant walls. For purposes of this title, townhouses or rowhouses offive or more residential units are considered multifamily dwellings. See also "Duplex," "Triplex," "Fourplex," "Dwelling, single-family attached," and "Dwelling, multifamily." "Transient accommodation" means a building, structure or facility, or any part thereof, such as a bed and breakfast inn, inn, hotel, motel, motor hotel, tourist home, condominium or similar facility, primarily designed for and offering one or more lodging units to travelers and transient guests for periods of nomore than 29 consecutive calendar days for temporary lodging and sleeping purposes; provided, that an absence for a period of less than 30 consecutive days followed by reoccupancy shall be considered part of the same consecutive period. Portions of calendar days shall be counted as full days. A transient accommodation does not include an . accommodation which a person occupies or has a right to occupy as his or her domicile or permanent residence. It shall be presumed that occupancy of real property for a period of 30 consecutive days or more constitutes a rental or lease of real property for residential rather than transient accommodation purposes, which presumption may however be rebutted upon submission of satisfactory proof by a preponderance of the evidence. "Triplex" means a building containing three dwelling units, each of which has direct access to the outside or to a common hallway which accesses the outside. For purposes of this title, triplexes are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded (i. e., four dwelling units per acre within the R-I district; eight dwelling units per acre within the R-II district). . RESIDENTIAL DISTRICTS (17.16.010 PTMC) 1. R-I - Low Density Single-Family. This district accommodates single-family residences (including duplexes, triplexes, and fourplexes) at a density of up to four dwelling units per 40,000-square-foot area (i.e., 10,000-square-foot minimum lot size, or approximately four dwelling units within one block of platted land). It allows four or fewer single-family dwelling units to be contained within one structure upon condition of sufficient tract size: 20,000 square feet for a duplex; 30,000 square feet for a triplex; and 40,000 square feet for a fourplex. This zoning district has been applied only in the northwestern portion of the city, because of stormwater related development constraints. The district accommodates single-family development at densities that maintain and promote the "small town" character of Port Townsend, while ensuring that the environmental quality (particularly as it relates to stormwater control) of the area is not adversely impacted. Higher densities could be permitted in these areas through approval of a planned unit development (R-PUD) overlay designation pursuant to Chapter 17.32 PTMC. e 2. R-II - Medium Density Single-Family. This district accommodates single-family dwellings (including duplexes, triplexes, and fourplexes) at a density of up to eight units per 40,000- square-foot area (i.e., 5,000-square-foot minimum lot size, or approximately eight dwelling units within one block of platted land). It allows four or fewer single-familydwelling units to be contained within one structure upon condition of sufficient tract size: 10,000 square feet for a duplex; 15,000 square feet for a triplex; and 20,000 square feet for a fourplex. The R-II district corresponds closely to those areas of town that are currently platted to eight lots per block, include few development limitations, and which are in proximity to existing public facilities and servtces. 3. R-III - Medium Density Multifamily. The R-III district accommodates smaller scale multifamily structures (e.g., five to 12 dwellings per structure) at a density of up to 24 bedrooms per 40,000 square feet ofIand area. The intent of this district is to provide a broad range of housing opportunities; to provide a variety of housing types and styles; and to provide for development with a density and configuration that facilitates effective and efficient transit service. Although multifamily development is encouraged in these areas, single-family residences continue to be an allowed use. This district includes areas along arterial and major collector streets with existing or planned transit service. 4. R-IV - High Density Multifamily. This district accommodates larger scale multifamily structures (e.g., 10 to 24 dwellings per structure) at a density of not less than 25 bedrooms per 40,000 square feet ofland area, or more than 40 bedrooms per 40,000 square feet ofland area. A minimum density has been specified for this district in order to discourage use of this land for subordinate, lower density development; single-family dwellings are not permitted in this district. This district includes areas designed to be compatible with adjoining uses; to provide for development with a density and configuration that facilitates effective and efficient transit service; and to enable provision of affordable housing. . · · · ATTAHCMENT B - EXCERPTS FROM COMPREHENSIVE PLAN DEFINITIONS Accessory Dwelling Unit: A second dwelling constructed within an existing single-family home, usually for use as a rental unit. An "accessory unit" is a separate dwelling, including kitchen, . sleeping, and bathroom facilities. Also known as "mother-in-law apartment." Assisted Living Facility: Residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas. Dwelling Unit: One or more rooms located within a structure which are designed, arranged, occupied or intended to be occupied by not more than one family and permitted roomers and boarders as living accommodations, independent from any other family. The existence of a food preparation area within the room or rooms is evidence ofthe existence of a dwelling unit. Household: A household includes all the persons who occupy a housing unit The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. Housing Type: Different varieties of dwelling units, including: single-family detached; single- family attached (i.e., duplexes, triplexes, and fourplexes); townhouses; multi-family apartments or condominiums; accessory dwelling units; and manufactured homes. Housing Unit: A housing unit is a house, an apartment, a manufactured home, a group of homes, or a single room that is occupied (or if vacant, is intended for occupancy) as separate living quarters. · · · ATTACHMENT B - EXCERPTS FROM COMPREHENSIVE PLAN DEFINITIONS Accessory Dwelling Unit: A second dwelling constructed within an existing single-family home, usually for use as a rental unit. An "accessory unit" is a separate dwelling, including kitchen, sleeping, and bathroom facilities. Also known as "mother-in-law apartment." Assisted Living Facility: Residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation. Cluster Development: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas. Dwelling Unit: One or more rooms located within a structure which are designed, arranged, occupied or intended to be occupied by not more than one family and permitted roomers and boarders as living accommodations, independent from any other family. The existence of a food preparation area within the room or rooms is evidence of the existence of a dwelling unit. Household: A household includes all the persons who occupy a housing unit The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. Housing Type: Different varieties of dwelling units, including: single-family detached; single- family attached (i.e., duplexes, triplexes, and fourplexes); townhouses; multi-family apartments or condominiums; accessory dwelling units; and manufactured homes. Housing Unit: A housing unit is a house, an apartment, a manufactured home, a group of homes, or a single room that is occupied (or if vacant, is intended for occupancy) as separate living quarters. · · · ATTACHMENT A EXCERPTS FROM TITLE 17 "Accessory building" means a subordinate building attached to or detached ITom the principal building and used for purposes customarily incidental to the use of the principal building and not involving the conduct of a business or the sale of a service. Accessory buildings include but are not limited to an automobile storage garage, play house, laundry room, garden shelter, hobby room and mechanical room. "Accessory dwelling unit" means a separate dwelling unit with separate cooking facilities that is substantially contained within the structure of a single-family residence or an outbuilding which is accessory to such residence. ''.^..ccessory structure" means a detached, subordinate structure, located on the same lot, the use of'.vHich is clearly incidental to tHat of the principal building, or to the principal use of the land. "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. "Addition (to an existing building)" means any roofed and/or walled expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled roofed and/or addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction. "Adult family home" means a home in which residential care is provided on a 24-hour basis by an owner or tenant ofthefieme dwelling unit in which care is provided, plus the family of the provider. The maximum number of adults to be accommodated in such a home shall conform to the requirements of the Washington State Department of Social and Health Services. As of the date of this ordinance. the maximum number allowed is six (6). "Apartment" means a room or suite of rooms within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities that function or are intended to function for living, sleeping, and cooking. "Apartment hotel" means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public. "Apartment house" means a building or portion of a building arranged or designed to be occupied as five or more separate dwelling units. "Apparel and accessory stores" means stores primarily engaged in selling new or used clothing, shoes, jewelry, and related articles for personal wear and adornment and stores which rent clothing such as costumes or formal wear. . Df~ . f-~fY\(J/(Ì-t C Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table:P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R-II R-III R-N APPLICABLE REGULA TIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Accessory dwelling P P P X Ch. 17.48 PTMC, Accessory units Dwelling Units; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. For ADUs in the R-III zone, the ADU shall be counted toward the maximum housing density as provided in PTMC 17.16.030. Adult family homes P P P P PTMC 17.16.030, Residential bulk, / dimensional and density requirements. . ... .... n n n ~ "h""" "n;t~ Manufactured homes P P P X Ch. 17.64 PTMC, Manufactured and (on individual lots) Mobile Home Parks. Manufactured homes are prohibited within the limits of the Port Townsend National Register Historic District, but allowed on individual lots in R-I, R-II and R-III zoning districts; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. Mobile homes and X X X X trailer homes (on individual lots) Modular homes P P P X PTMC 17.16.030, Residential bulk, dimensional and density requirements. Modular homes are constructed in accordance with the Uniform Building Code and are considered a type of single-family dwelhng. . . s~ '0 . .«, (þ... ,I' , J<9 ..¡¡t... r~..Þ ()IIl"'''' . Key to table:P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES Single-family P P P X PTMC 17.16.030, Residential bulk, dwellings (including dimensional and density duplexes, triplexes, requirements. and fourplexes which meet the base density requirements of the applicable district) MULTIFAMILY RESIDENTIAL USES Apartment houses X X P P Ch. 17.36 PTMC, Multifamily Residential Development Standards; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. ~ \ I'\~+ ~\ Boardinghouses (four P P P P Same as above. or fewer roomers) and ,/ lodging and rlJlJlli.in~1 X P houses (five or more X r ~~ C\...:) AbO~ roomers) Congregate care X C P P Same as above. facilities Foster homes P P P P Same as above. Fraternities, sororities X X C C Same as above. and student cooperatives Multifamily dwellings X X P P Same as above. 1 "mslOg, ,.sr':;3 X X P P Same as above. convalescent homes (three or more person~) ~side;tial treatme~ C C C C "Group homes" are considered an ( facilities including ( "essential public facility" under ~ RCW 36.70A.200; ". . . their siting disabled cannot be precluded by development regulations. . ."; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. Townhouses or X X P P Ch. 17.36 PTMC, Multifamily rowhouses (zero lot Residential Development Standards; lines) and PTMC 17.16.030, Residential bulk, dimensional and density requirements. COMMERCIAL USES ./ I nsert -:!i. \ \1'\ <.:.-vd-\~ vvc.....~,"n.viV\ ~-1L "'2:.:)V'\\,,",~ ó. ~s~ c.:~ 0- ~o 0-.. \'7. :)l, 4d.v1.s-tvvc....~ \~ R- \ 1 ~t..~s; ~~ Qf¥'lOvt:.ci ~~"G~ · · · ¿ Key to table:P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES Child day care C C C C Ch. 17.52 PTMC, Day Care centers, child day care Facilities; and PTMC 17.16.030, facilities, and Residential bulk, dimensional and preschools density requirements. Family day care P P P P Same as above. homes Home occupations P P P P Ch. 17.56 PTMC, Home Occupations; and PTMC 17.16.030, Residential bulk, dimensional and density requirements. Tourist homes C C C C PTMC 17.16.030, Residential bulk, dimensional and density requirements. ACCESSORY USES Accessory buildings P P P P PTMC 17.16.030, Residential bulk and accessory and dimensional requirements. structures Fuel oil and kerosene P P P P Such containers require a permit and containers inspection pursuant to Ch. 16.04 PTMC, Building Code, may only be permitted for domestic heating purposes, must be located I~~¿ aboveground, and may not exceed 750 gallons' capacity. Garages, private P P P P PTMC 17.16.030, Residential bulk, residential dimensional and density requirements. AGRICUL TURAL USES Barns P C X X PTMC 17.16.030, Residential bulk, dimensional and density requirements. Concession stands, P P* X X PTMC 17.16.030, Residential bulk, agricultural or dimensional and density produce requirements; temporary agricultural or produce stands are subject to Ch. 17.60 PTMC, Temporary Uses.*In the R-II zone, concession stands are limited to locations fronting onto principal arterial, collector, and minor arterial streets. Crop or tree farming P P X X (no retail sales) I~--t --t:t 2 Ce.-\tÃ.()"'O~ Qff.,-e.. / ^f-t\~~ ~~\O P P P X ::5U1::i ~vt- 10 (e'5v~1""\'i:>~ I ti,)~ ~'Í\ûr\ CY\ 17. 5'fø Key to table:P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R-II R-III R-IV APPLICABLE REGULATIONS/NOTES Stables, private and P C X X PTMC 17.16.030, Residential bulk, riding dimensional and density requirements. Plant nurseries, C C X X Same as above. landscaping materials, greenhouses (commercial) Small animal C X X X Same as above. husbandry, commercial Small animal P P P P Same as above. husbandry, noncommercial U-pick sales of crops P P X X All parking shall be off-street. OTHER USES Cemeteries C C X X Churches C C C C Church buildings must comply with the requirements of PTMC 17.16.030, Residential bulk, dimensional and density requirements; however, towers, spires and steeples exceeding the height requirements of that section may be allowed, provided they comply with Uniform Building Code § 506, Maximum Height of Buildings and Increases. Community P P P P PTMC 17.16.030, Residential bulk, clubhouses dimensional and density requirements. Fraternal C C C X Same as above. organizations Kennels, animal C X X X Same as above. Public facilities P P P P Same as above. Personal wireless N/A N/A N/A N/A Refer to Chapter 17.78 PTMC, service facilities Personal Wireless Service Facilities, for list of permitted, conditional and prohibited uses and other substantive ir m n · · · requ e e ts. . / ./ . Key to table:P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT R-I R-ll R-llI R-IV APPLICABLE REGULA TIONS/NOTES Radio and television C C C C Such facilities are allowed in all towers zoning districts subject to the conditional use permit requirements ofCh. 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District; and PTMC 17.16.030, Residential bulk, dimensional and density requirements, except as provided in applicable Federal Communications Commission rules and regulations. Satellite dishes, P P P P Satellite dishes and antennas shall noncommercial, and meet the requirements ofPTMC antennas 17.16.030, Residential bulk, dimensional and density ~\ H-\,\~ '>< requirements, except as provided in fd..v CO;;hv" applicable Federal Communications Commission rules and regulations. Schools, ~911@gQ¡¡ C C C X PTMC 17.16.030, Residential bulk, (public or private) dimensional and density requirements. Stadiums, arenas, and C C X X PTMC 17.16.030, Residential bulk, assembly halls dimensional and density requirements. Veterinary hospitals C X X X Same as above. . TEMPORARY USES Contractor offices and P P P P PTMC 17.16.030, Residential bulk, model homes dimensional and density requirements; and Ch. 17.60 PTMC, Temporary Uses. Rummage or other P P P P Ch. 17.60 PTMC, Temporary Uses. outdoor sales Yard or garage sales P P P P Same as above. · · · Draft Cottage Housing Ordinance Page 1 DRAFT COTTAGE HOUSING ORDINANCE Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING TO ALLOW COTTAGE HOUSING DEVELOPMENTS THROUGH CONDITIONAL USE PERMIT WHEREAS, PTMC Title 17, Zoning, sets forth permitted, conditional, and prohibited uses and height, bulk, and dimensional standards; and WHEREAS, the Port Townsend Comprehensive Plan contains policies which encourage a variety of innovative housing types and site designs including cottage type developments (Housing Element, Policy 4.2); WHEREAS, *, * NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. *;* Section 17.08.050 Definitions "Floor area, gross" means the sum of the gross horizontal areas of the floors of a building or buildings, measured rrom the exterior faces of exterior walls and rrom the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of léss than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces. (note - review for consistency with UBC) "Floor area. ground" means the gross floor area for the first floor of a structure only. The first floor which is at or above grade level. "Floor area. net total" means the sum of the gross floor area for all floors excluding that portion of upper floors with sloping rooms with a ceiling height of less than 5 feet. (fix. talk to Jan. make consistent with UBC) · Draft Cottage Housing Ordinance Page 2 "Floor area, usable" means any floor area within the outside walls of a building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings. "Open space" means land or water area with its surface open to the sky or predominantly undeveloped, which is set aside to serve the purposes of providing park and recreation opportunities, conserving valuable resources, and structuring urban development and form. "Open space" is often further divided into the following categories: A. "Common open space" means space that may be used by all occupants of a residential complex (note: parking areas. yard setbacks. spaces between buildings of 10 feet or less in width. private open space. and driveways do not qualify as common open space). B. "Landscaped open space" means an outdoor area including natural or planted vegetation in the form of hardy trees, shrubs, grass, evergreen ground cover, and/or flowers. C. "Private open space" means usable outdoor space directly accessible to a unit, with use restricted to the occupants of that unit. D. "Usable open space" is an outdoor area which is of appropriate size, shape and siting to provide for recreational activity. Usable open space may be occupied by sculpture, fountains or pools, benches or other outdoor furnishings, or by recreational facilities such as playground equipment, swimming pools, and game courts. · SECTION 2. *;* · Table 17.16.020 Residential Zoning Districts - Permitted, Conditional and Prohibited Uses f x PTMC 17.16.050. Cottage Housing Developments: PTMC 18.20 Binding Site Plans. SECTION 3. *;* Section 17.16.050 Cotta2e Housin2. The following regulations apply to cottage housing (CH): A . Density and minimum lot area. 1. In CHDs the maximum permitted density shall be one dwelling unit per 2.857 SF oflot area (14 dwelling units/ 40.000 square feet). 2. The minimum lot area for a CHD shall be 11.428 square feet. 3. On a lot to be used for a CHD. an existing detached single-family residential structure. which may be nonconforming with respect to the standards of this Draft Cottage Housing Ordinance Page 3 · section. shall be permitted to remain. but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. i. Nonconforming dwelling units may be modified to be more consistent with this section. For example. roof pitches may be increased consistent with 17. 16.050(B) but the building ground floor or total floor area may not increased greater permitted by section 17. 16.050(C). B. Number of Cottage Housing Units. 1. The minimum number of units in a CHD shall be 4 and the maximum number 12. C. Height limit and roof pitch. 1. The height limit permitted for structures in CHDs shall be 18 feet. 2. The ridge of pitched roofs with a minimum slope of 6: 12 may extend up to 25 feet. All parts of the roof above eighteen feet shall be pitched. 3. The ridge of a a pitched roof with a slope ofless than 6:12 pitch may not exceed 18 feet. D. Lot coverage and floor area. 1. The maximum lot coverage permitted for all structures in CHD shall not exceed the requirements for the underlying zoning district contained in Table 17.16.030. (Note requirements are: R-I = 25%. R-II = 35%. and R-III = 45%). 2. The maximum ground floor area for an individual principal structure in a CHD shall be as follows: a. For at least 50 percent of the units. the ground floor area may not exceed 650 SF. b. For no more than 50 percent of the units. the ground floor area may be up to 800 SF. 3. The net total floor area of each cottage shall not exceed either 1.5 times the area of the main level or 1.000 square feet. whichever is less. E. Yards - Building Setbacks from Exterior Lot Lines. 1. Front yard and side yard on corner lots. Shall be an average of 10 feet and at no point shall be less than 5 feet. a. Exception: where the street right-of-way width exceeds 60 feet. the BCD Director in consultation with the Public Works Director may authorize a setback reduction to an average of 5 feet and at no point shall be less than 2 feet where the location of all structures. landscaping and other improvements will not conflict with future improvements in the right-of-way. Fences may not be placed in the right-of-way and are subiect to PTMC Chapter 17.68. 2. Rear yard building setback. The minimum rear yard shall be 10 feet. unless abutting an alley. then the minimum setback shall be 5 feet. 3. Side yard building setback - interior lot lines. The minimum side yard setback shall be 5 feet for interior lot lines. F. CHD Building Separation. · · Draft Cottage Housing Ordinance Page 4 · 1. All buildings within a CHD shall maintain a minimum separation of 10 feet ftom cottages within a CHD measured ftom the nearest point of the exterior walls. Accessory buildings shall comply with building code requirements for separation ftom non-cottage structures. _G. Required open space. 1. A minimum of 400 square feet per cottage unit of common open space is required. For the purposes of cottage housing. "Common open space" shall be the central space towards which the cottage homes are oriented and that may be used by all occupants of the cottage complex. Parking areas. yard setbacks. spaces between buildings of 10 feet or less in width. private open space. and driveways do not qualify as common open space. 2. At least 50% of the cottage units shall abut the common open space. all of the cottage units shall be within 60 feet walking distance measured from the nearest entrance of the cottage along the shortest safe walking route to the nearest point the common open space. The common open space shall have cottages abutting at least two sides. H. Covered Porches. 1. Cottage homes shall have covered porches and main entry oriented towards the common open space. 2. Cottage homes shall have a covered porch at least 60 square feet in size. I. Parking 1. One and one quarter (1.25) spaces per cottage unit shall be required. except that an existing nonconforming dwelling unit between 1.001 - 1.200 square feet shall require 1.5 parking spaces or an existing nonconforming dwelling unit in excess of 1.201 square feet shall require 2 parking spaces. 2. Location. Parking shall be located on the CHD property. 3. Parking may be in or under a structure or outside a structure. provided that: Parking is screened ftom direct street view by one or more street facades by garage doors. or by a fence and landscaping: not be located in the front yard: between structures is only allowed when it is located toward the rear of the principal structure and is served by an alley or private driveway: may be located between any structure and the rear lot line of the lot or between any structure and a side lot line which is not a street side lot line. a. Preferred locations for parking. in descending order of preference areas follows: i. To the rear of cottage housing units accessed by an alley. · Dlustration #1 - Allev Access · Draft Cottage Housing Ordinance Page 5 · 11. To the side of the cottage housing units access by a private driveway. llIustration #2 - Side Access From a Drivewav 111. Parking on the side (corner) screened from the side street by either garage doors. landscaping. and/or fencing. · llIustration #3 - Parkin!! on the Side Street · 4. Landscaping. Parking lot landscaping shall comply with the requirements of PTMC 17.72.190. I. Cottage Housing Development - Design Review. 1. Applications. The application for a Cottage-Housing Development Permit shall be submitted to BCD on forms provided by the department. along with the appropriate fees established by Chapter 20.09 PTMC. The application shall include all materials required pursuant to PTMC 20.01.100 and shall also include architectural renderings and site plans (including landscaping details) sufficiently complete to show comprehensive proiect design. 2. Applications for Cottage Housing Developments shall be processed according to the procedures for Type IA land use decisions established in Chapter 20.01 PTMC. Land Development Administrative Procedures. The director shall enter findings and conclusions supporting the decision. Draft Cottage Housing Ordinance Page 6 · 3. Variance. Where site constraints or other property development limitations rendercompliance with all requirements of this chapter impractivable , an applicant may apply for a variance in accordance with Chapter 17.86 PTMC Variances. · · Draft SEP A Ordinance Page 1 · DRAFT SEPA DWELLING UNIT EXEMPTION ORDINANCE Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTER 19.04 OF THE PORT TOWNSEND MUNICIPAL CODE, ENVIRONMENTAL PROTECTION TO INCREASE THE SEPA CATEGORICAL EXEMPTION TO NINE DWELLING UNITS WHEREAS, PTMC Title 19.04 sets forth the City's State Environmental Policy Act (SEP A) procedures and policies; WHEREAS, WAC 197 -11-800(6) categorically exempts the approvat of short plats or short subdivisions, except upon lands covered by water; · WHEREAS, PTMC 18.12 permits the division ofland into nine or fewer lots through a short subdivision; WHEREAS, WAC 197 -11-800( 1 )( c) permits cities, towns, or counties to raise categorical exemption levels for dwelling units to a maximum of 20; WHEREAS, the Port Townsend Comprehensive Plan, Affordable Housing Strategy item #8 encourages revisions to permit processing requirements to reduce timelines for permit review without compromising environmental quality or adequate public review; WHEREAS, "'; '" NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 1. "';'" Article In. Categorical Exemptions and Threshold Determination · 19.04.080 Adoption by reference and Cateswrical Exemotion for dwellin2 units. A. This article contains rules for deciding whether a proposal is exempt under SEP A or has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the Draft SEP A Ordinance Page 2 . impacts of proposals not requiring an EIS. The city adopts the following sections by reference as supplemented in this article: WAC 197 -11- 210 SEP NGMA integration. 197-11-220 SEPNGMA definitions. 197-11-228 Overall SEPNGMA integration procedures. 197-11-230 Timing of an integrated SEPNGMA process. 197-11-232 SEPNGMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. 197-11-235 Documents. 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197 -11-310 Threshold determination required. 197-11-315 Environmental checklist. 197 -11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of non significance (DNS). 197-11-350 Mitigated DNS. 197-11-360 Determination of significance (DS)/initiation ofscoping. 197-11-390 Effect of threshold determination. 197 -11-800 Categorical exemptions. 197 -11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. B. Minor new construction - flexible threshold - dwelling units. Pursuant to WAC 197 -11-800( 1)( c). the construction or location of any residential structures of 9 dwelling units shall be categorically exempt from SEP A except when undertaken wholly or partly on lands covered by water. The categorical exemptions for all other types of minor construction shall be those established by WAC 197-11-800(1)(b). . . · · · Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 st PComm workshop) 8/2/01 Page 1 of 1 PROPOSED TEXT AMENDMENTS TO HOME OCCUPATION PTMC CHAPTER 17.56 Chapter 17.56 HOME OCCUPATIONS-MAJOR AND MINOR Sections: 17.56.010 17.56.020 17.56.030 17.56.040 17.56.050 17.56.060 17.56.070 17.56.080 17.56.090 Purpose. Pennit required. Application process. Exemptions. Ineligible activities. Required conditions. Minimum standards-Minor Home Occupations. Minimum standards-Major Home Occupations Pennit administration and enforcement 17.56.010 Purpose. A. The intent of this chapter is to ensure that maior and minor home occupations are properly pennitted, are undertaken only within a dwelling unit or associated accessory structure located in a residential use district, are incidental to the primary residential use of the structure and land and are compatible with the residential character of the neighborhood. B. In addition, the intent ofthis chapter is to ensure that business activities that are allowed in residential neighborhoods are regulated as home occupations, and that activities not able to meet the requirements of this chapter are perfonned in mixed use, commercial, or manufacturing zoning districts. C. This chapter is not intended to regulate typical family or personal activities, or occasional visits by business associates and outside service providers, except as otherwise provided. D. It is not the intent of this chapter to involve the city in the enforcement of private restrictive covenants. (Ord. 2571 § 2, 1997). 17.56.020 Permit required. A. Applicability. No home occupation shall be operated within the city except in accordance with the provisions of this chapter. A home occupation permit is required for all home occupations except those exempted pursuant to PTMC 17.56.040. Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 st PComm workshop) · 8/2/01 Page 2 of2 B. Transferability. A home occupation pennit is not transferable to another person, entity or business and is valid only for the property address set forth on the pennit. (Ord. 2571 § 2, 1997 17.56.030 Application process. A. Applications. The application for a home occupation pennit shall be submitted on fonns obtained fÌom the director, and shall be acknowledged by the property owner, if other than the applicant. The application shall contain all of the infonnation required by the director. The applicant shall also include with his/her request a scaled plot plan detailing the property, improvements to the property, and the location of the home business. B. Procedure. The director shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a city business license. C. Approval Process. Activities complying with the criteria established in PTMC 17.56.070 shall be considered Minor Home Occupations and shall be processed as Type I pennits, in accordance with the administrative approval procedures of Chapter 20.01 PTMC. Activities complying with the criteria established in PTMC 17.56.080 for Maior Home Occupations shall be processed as Type II pennits and may commence only after issuance of a conditional use pennit as outlined in PTMC 17.84. · D. Limitation. Only one home occupation pennit may be in effect at anyone time with regard to any residential dwelling unit, including any accessory building, and the home business will under no circumstance be subdivided fÌom the residential property for the purpose of sale, lease or rent. 11 (Ord. 2571 § 2, 1997). E. Definitions: A round trip in a motorized vehicle shall be considered one "vehicle trip" or "vehicle visit". 17.56.040 Exemptions. The following activities are exempt fÌom the pennit requirements of this chapter, but shall otherwise comply with the substantive requirements of this chapter: A. Any activities that involve no more than five vehicle visits per week, no nonresident employees, which meet all other requirements for a home occupation and which are incidental to the residential use of the property; B. Instructional activities involving up to 10 non residents student vehicle trips, which occur not more than one time per week are exempt; instructional activities occurring more than once per week are regulated as minor or maior home occupations; and C. Child care services involving 12 or fewer children, including children who reside in the home; provided, however, that these services comply with PTMC 17.52.020, Family day care homes. (Ord. 2571 § 2, 1997). · 17.56.50 Ineligible activities. · · · Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 st PComm workshop) 8/2/01 Page 3 of3 The following activities are not eligible for a home occupation pel111it because of their incompatibility with the maintenance of residential neighborhood character: A. Retail activities, except for merchandise crafted on-site or items clearly accessory to a service (e.g., sales of paintings, crafts or art work, and sales of hair care products incidental to a beauty salon); B. Stables, kennels, animal husbandry or fanning activities except as provided in PTMC Chapter 17.16; C. Vehicle repair, automobile detailing or automobile servicing activities" D. .^...ny activities involving more than five customer or business visits per day; and D. Any use of a nature that is similar to those listed in this section or which creates impacts on the surrounding neighborhood similar to those created by the uses listed in this section. (Ord. 2700 § 26, 1999; Ord. 2571 § 2, 1997). 17.56.060 Required conditions. The director may issue an administrative Type I pel111it for a Minor Home Occupation or a conditional use Type II pel111it for a Major Home Occupation provided that the following conditions are met affil111ütive findings are made: A. No variation rrom the residential character of the dwelling or neighborhood shall be pel111itted, and no physical change shall be made to the exterior of the structure solely to accommodate the home occupation; B. Commercial activities must be clearly incidental and secondary to the use of the property for residential purposes C. At least one person residing on the premises is engaged in the operation. D. The home business does not adversely affect the use or enjoyment of adjacent properties, and maintains the character of the area in which it is located; c. The home occupation is not injurious or detrimental to adjoining or abutting properties; E. The home occupation is fully enclosed within the primary residence or an accessory structure that is architecturally and aesthetically compatible with the surrounding residential area; or in the case of limited outdoor activities conducted as part of a Maior Home Occupation. outdoor activities may be required to be screened rrom neighboring properties as part of the conditional use pel111i t · · · Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 st PComm workshop) 8/2/01 Page 4 of 4 F. The home business does not involve any outside storage of materials, goods, supplies or equipment, or an outside display of any kind (Ord. 2571 § 2, 1997).1. There shall be no outside display of any goods or material associated \vith the home occupation; F. Except for the purchase of merchandise crafted on-site or items clearly accessory to a service (e.g., paintings, crafts or artwork, and hair care products incidental to a beauty salon) no retail customers shall visit the home premises at any time; G. There shall be no business visits or nonresident worker arrivals or departures pennitted before 8:00 a.m. or after 9:00 p.m.; H. Materials, goods or commodities shall be delivered to or ITom the home occupation only ITom 8:00 a.m. to 6:00 p.m. Monday through Friday; only truck delivery or pick-up ßet common to a residential neighborhood is ßet allowed (for instance. UPS or Federal Express trucks); only two commercial pickups or deliveries per day are pennitted. 1. The home occupation does not significantly increase local vehicular or pedestrian traffic beyond that typical of the neighborhood; J. Except for three non-resident workers, and except for occasional visits by business associates and outside service providers, persons who do not reside on the premises shall be prohibited ITom working at the home occupation; K. No more than one worker vehicle may be parked on-street, and under no circumstances shall parking for the home occupation cause traffic hazards or parking problems on adjacent rights- of-way; L. Home occupations that occupy more than 500 square feet shall meet fire safety building code requirements regarding separation ofthe residential ITom the commercial uses. M. The home occupati~n does not involve heavy equipment, processes or activities that introduce natural or mechanical noise, smoke, dust, fumes, vibrations, odors, light. electronic interference or other conditions or hazards in excess of those nonnally found in residential areas; L. Heayy equipment, large pmver tools or noise or power sources not compatible with residential areas shall not be allowed, and no electrical or other similar interference shall be perceptible beyond the property boundary; N. No production, generation of any hazardous substance, or storage of any hazardous waste shall be pennitted; O. The home occupation shall comply with all other applicable requirements contained within the Port Townsend Municipal Code. (Ord. 2700 § 27, 1999; Ord. 2571 § 2,1997) and all The home occupation complies with all applicable local, state and federal1a'Ns and regulations; and · · · Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 st PComm workshop) 8/2/01 Page 5 of5 P. The home occupation does not endanger the public health, morals, safety and welfare; 17.56.070 Minimum standards-Minor Home Occupations. Every Minor Home Occupation shall meet all of the following minimum standards: A. All activities shall be conducted entirely within the principal or accessory structure; B. Maximum floor area devoted to the minor home occupation shall not exceed 50 percent of the floor area of the residence, or a total of 800 square feet, whichever is less. If the home occupation is carried out in an accessory structure, it may occupy a maximum of 800 square feet. C. The minor home occupation shall not generate more than five customer vehicle trips per day; D. One sign identifYing the home business shall be permitted, which shall be no larger than three square feet in size, without illumination, and mounted flat to the main wall of either the principal or accessory structure; 17.56.80 Minimum Standards-Maior Home Occupations An applicant must obtain a conditional use permit to conduct a Major Home Occupation and must meet all of the following minimum standards: A. Major home occupatìons must be located within 100' of an arterial or collector street B. No other major home occupation may exist within 300 feet of the property~ C. A major home occupation shall not generate more than 12 customer vehicle trips per day; D. Maximum floor area devoted to the home occupation, whether carried out in the residence itself or in an accessory structure, shall not exceed 50% of the floor area of the residence or 800 square feet, whichever is greater. E. All activities shall be conducte~ entirely within the principal or accessory structure, except for limited outdoor activities. Screening and sound reduction measures may be required as a condition of the permit. F. A Major Home Occupation may have signage not to exceed 8 square feet non-illuminated wall and monument signs are permitted~ monument signs must meet setback requirements as described in PTMC 17.76.040.C.3~ and G. Off-street parking may be required if on-street parking for the home occupation is inadequate or would be detrimental to the neighborhood. · · · Revision to PT Municipal Code Chapter 17.56 Regulating Home Occupations Draft 2 (revised after 1 sl PComm workshop) 8/2/01 Page 6 of6 17.56.090 Permit administration and enforcement. Minor Home Occupations shall be processed as Type I permits in accordance with PTMC Chapter 20.01, and enforced in accordance with the procedures detailed in PTMC Chapter 20.10. (Ord. 2571 § 2, 1997). Major Home Occupations shall be processed as Type II applications, each requiring a Conditional Use Permit in accordance with PTMC Chapter 17.84 and enforced in accordance with the procedures detailed in PTMC Chapter 20.10. · · · City of Port Townsend Department of Building and Community Development Waterman-Katz Building 181 Quincy Street, Suite 301, Port Townsend, WA 98368 (360) 379-5081 FAX (360) 385-7675 Staff Memo Date: August 2,2001 (for Refresher Workshop on August 9,2001) To: From: Port Townsend Planning Commission John McDonagh Subject: Draft Ordinance amending to PTMC Chapters 17.08 (Definitions) and Chapter 17.78 (Wireless Facilities). As a follow up to previous workshops held in late 2000 and early 2001, BCD has drafted the attached ordinance that would amend the Wireless Facilities chapter of the municipal code (PTMC 17.78) with corresponding amendments to the Definitions section (pTMC 17.08). SEP A review on the proposed amendments has been conducted. No comments opposing the suggested changes were received during the comment period, which ended March 8, 2001. AMENDMENT SUMMARY WIRELESS FACILITIES REGULATION The proposed amendments to Chapter 17.78 are being sought to exempt certain types of next generation wireless antennas from review under the city's code. Specifically, these antennas are very small in size (not bigger than a 16-inch rectangle), low-powered and operated by unlicensed communication providers of wireless internet, fax and data services. Unlicensed radio equipment by definition requires no FCC license to install or operate. Chapter 17.78 presently makes no distinction between these types of antennas and traditional cell phone antennas and equipment, which are considerably larger. The effect of the wireless code, as currently written, will hinder the creation of wireless networks for the distribution of Internet data. Staff, in working with a local Internet provider, has drafted a series of amendments to various sections of the Wireless Facilities chapter (Chapter 17.78) and the definitions section of the zoning code (Chapter 17.08.040) that should adequately cover the various sizes & types of these antennas that may arise. A draft ordinance follows, with the sections proposed for amendment shown in strikethrough and underline. · · · DRAFT AMENDMENTS TO PTMC CHAPTER 17.08.040 - DEFINITIONS, AND CHAPTER 17.78 - WIRELESS FACILITIES Ordinance No. AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF CHAPTERS 17.08 (DEFINITIONS) AND 17.78 (WIRELESS FACILITIES) OF THE PORT TOWNSEND MUNICIPAL CODE TO EXPAND THE TYPES OF PERMITTED WIRELESS FACILITIES. SECTION 1 FINDINGS Whereas, 1c; 1c Whereas, 1c; 1c NOW, THEREFORE, based upon the foregoing and upon the record before the Port Townsend Planning Commission and City Council, the City Councìl does hereby ordain as follows: PTMC 17.08.040 - Definitions "Low power facìlity" means a lìcensed or unlìcensed personal wireless service facilìty with a maximum transmìtter peak output power that does not exceed the limits for such as set forth by the Federal Communications Commission. one watt, Other than the antenna. all associated equipment for low powered facilities must be is-Iess than 14 by 16 inches in length and width and eight inches in depth. including all assocìated equipmem, and may have an Low powered facìlìty antennas have with a length not to exceed 30 inches, a width not to exceed 5 inches and a depth not to exceed 4 inches. Low powered facilìtìes mounted on street poles in developed street rights-of-way are subject to the provisions of Chapter 17.78.1 OO(D). PTMC 17.78.020 Scope and applicability - Exemptions. A. Scope. This chapter applies to the locatìon, placement, construction and modificatìon of lìcensed or unlìcensed personal wireless servìce facilities as defined in thÌs chapter. In addition to any other required permits, all proposals to locate, place, construct or modify a personal wireless facility shall require a wireless permit as further set forth in this chapter; provided, however, that this chapter does not apply to personal wireless facilities located completely and entìrely inside a building, as that term is defined in this chapter. B. Exemptions. The following personal wireless servìce facìlities are exempt ITom the provisions of this chapter: 1. Federal, state or local personal wireless facìlìties used for temporary emergency communications in the event of a disaster, emergency preparedness and public health or safety purposes; · · · 2. Two-way communication transmitters used by fire, police, and emergency aid or ambulance services; 3. Citizen band radio transmitters and antennas or antennas operated by federally licensed amateur ("ham") radio operators; 4. Unlicensed. low-powered. wireless communication antennas designed for mounting onto a structure. other than a street pole. the size of which does not exceed that as defined in 17.08.040. In addition. this exemption does not apply to those unlicensed facilities that would be located on buildings. structures. or street poles subiect to the iurisdiction of the city's Historic Preservation Committee (HPC). In such cases. the proposed unlicensed facility placement must receive a certificate of design review from the HPC prior to it's installation: 5. Emergency or routine repairs, reconstruction, or routine maintenance of previously approved facilities, or replacement of transmitters, antennas, or other components of previously approved facilities which do not create a change in visual impact or an increase in radio frequency emissions levels; 6. Military and civilian radars and marine vessel traffic communication facilities, operating within FCC regulated frequency ranges, for the purpose of defense, marine or aircraft safety; 7. Temporary personal wireless service facilities; provided, that the city is notified in advance of the need for such facilities and the duration of their use; and 8. Existing facilities, subject to the requirements ofPTMC 17.78.150. (Ord. 2680 § 2, 1999; Ord. 2571 § 2, 1997). PTMC 17.78.100 Review process - Preferred locations - Secondary locations - Low powered facilities - Variances. A. General Provisions. 1. Comments. The BCD director may solicit comments from the public works director, building official, local utility providers, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, the Washington State Department of Transportation (if the proposal is adjacent to a state highway), and any other state, local or federal officials as necessary. 2. Findings and Conclusions. Based upon comments from city departments and applicable agencies and all other pertinent information in the record, the decisionmaker shall make written findings and conclusions documenting compliance with all approval criteria. Approval and design criteria are found in PTMC 17.78.110 through 17.78.120. Required conditions of approval are contained in PTMC 17.78.130. B. Preferred Locations - Review Process - Additional Notice Required. An application for the siting of personal wireless service facilities in a preferred location shall be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures, as an administrative permit with notice and appealable to the hearing examiner, except as follows. The notice of application and notice of an appeal of a Type II action shall be mailed to the latest recorded real property owners as shown by the records of the county assessor within at least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini-facilities and micro-facilities) of the boundary of the property upon which the development is proposed. · C. Secondary Locations - Additional Notice Required. An application for personal wireless service facilities siting shall be processed according to the criteria for the particular type of permit set forth in PTMC 17.78.090 through 17.78.100 and as provided in Chapter 20.01 PTMC, Land Development Administration Procedures. The decisionmaker on Type II permits will be the BCD director. The decisionmaker on Type III/conditional use permits will be the hearing examiner due to the special expertise involved in these applications. Type III/conditional use permits, will also be subject to the review criteria set forth in Chapter 17.84 PTMC, Conditional Uses, and the design review and approval criteria set in PTMC 17.78.110 through 17.78.120. In addition, for all permits requiring public notice, the notice of application and notice of public hearing shall be mailed to the latest recorded real· property owners as shown by the records of the county assessor within at least 1,000 feet (for monopoles and macro-facilities) or 300 feet (for mini- facilities or micro-facilities) of the boundary of the property upon which the development is proposed. · D. Low Power Licensed and Unlicensed Facilities. Notwithstanding any other provision of this chapter, low power licensed and unlicensed facilities mounted on street poles in developed street rights-of-way may be permitted in all zoning districts (including residential) and processed as Type I, administrative review process, pursuant to Chapter 20.01 PTMC; provided, however, that such facilities remain subject to any franchising or licensing fees established by the city council. Low power licensed and unlicensed personal wireless service facilities are defined as facilities with a maximum transmitter peak output power that does not exceed the limits for such as set forth by the Federal Communications Commission. one watt, Other than the antenna. all associated equipment for low powered facilities must be is-Iess than 14 by 16 inches in length and width and eight inches in depth. including all associated equipment, and may have an Low powered facility antennas have with a length not to exceed 30 inches, a width not to exceed 5 inches and a depth not to exceed 4 inches. 1. Low power lic~nsed and unlicensed facilities on new street poles. The placement of low power licensed or unlicensed facilities on new street poles in developed street rights- of-way shall be processed as a Type II administrative review process, pursuant to Chapter 20.01 PTMC, with mailed notice to adjacent property owners within 1,000 feet of the proposal. E. Historic Preservation Committee Review. Any Ne personal wireless service facility.. including those exempted pursuant to PTMC 17.78.020.B.4. that is proposed to sflall--be located On buildings, structures, or street poles subject to the jurisdiction of the city's Historic Preservation Committee (HPC) pursuant to Chapters 2.72, 17.30 and 17.80 PTMC, and no city permit or appro';al for such an activity shall not take place be issued unless a certificate of design review has been issued by the HPC and all other city permits or approvals for such an activity have been obtained. · F. Variance Procedure. Any applicant may request that the requirements established by this chapter be modified. Such request shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. In addition to the approval criteria ofPTMC 17.86.050, in granting any variance the decisionmaker must also find that: (1) there are no increased noise, aesthetic or safety impacts on adjoining properties as a result of the proposed variance; and (2) in · · · the case of a historic building or structure, the variance will continue to allow for effective concealment, disguise or camouflaging of the facilities. The decisionmaker shall not grant a variance from the provisions of this chapter which establish the allowed, conditional and prohibited uses within the various zoning districts. (Ord. 2680 § 2, 1999). SECTION 3 TRANSMITTAL TO OCD The City Clerk shall transmit a copy of this Ordinance to the State Office of Community Development within 10 days of adoption of this ordinance. SECTION 4 EFFECTIVE DATE This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. SECTION 5 SEVERABILITY If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 18th day of June, 2001. GeoffMasci, Mayor Attest: Approved as to Form: Pamela Kolacy, City Clerk John Watts, City Attorney