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HomeMy WebLinkAbout2670 Amending Comprehensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 Ordinance No. 2670 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT, TABLES AND POLICIES CONTAINED IN THE LAND USE, TRANSPORTATION, CAPITAL FACILITIES & UTILITIES, AND ECONOMIC DEVELOPMENT ELEMENTS OF THE PORT TOWNSEND COMPREHENSIVE PLAN (THE PLAN); ADOPTING FOUR SPECIFIC AMENDMENTS TO THE LAND USE MAP CONTAINED WITHIN THE PLAN; ADOPTING AMENDMENTS TO THE TEXT AND TABLES OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE (PTMC); ADOPTING SPECIFIC AMENDMENTS TO THE OFFICIAL ZONING MAP ADOPTED PURSUANT TO SECTION 17.12.030 PTMC IN ORDER TO BE CONSISTENT WITH, AND IMPLEMENT THE LAND USE MAP CONTAINED WITHIN THE PLAN; DIRECTING THE BUILDING & COMMUNITY DEVELOPMENT DEPARTMENT TO PREPARE REVISED COPIES OF THE PLAN INCORPORATING THE AMENDMENTS SET FORTH IN THIS ORDINANCE; DIRECTING THE CITY CLERK TO CODIFY THE AMENDMENTS TO TITLE 17 PTMC SET FORTH IN THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; ALL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW). The City Council of the City of Port Townsend finds as follows: After extensive public review and a recommendation from the Port Townsend Planning Commission (the Planning Commission), the City's current Comprehensive Plan (the Plan) was adopted by the City Council (the Council) on July 15, 1996 (Ordinance No. 2539), tO comply with the Washington State Growth Management Act (GMA) of 1990 (Chapter 36.70A RCW), and to facilitate the orderly and coordinated growth and development of the City. All findings, recitals and other provisions of Ordinance No. 2539 are incorporated herein by this reference. Following adoption, the Plan was appealed to the Westem Washington G~?owth Management Hearings Board in Eldridge. et. al vs. Ci_ty of Port Townsend, WWGMHB No. 96-0029, petitioners alleging that the Plan fa/led to comply with the GMA. In its final decision and order in that case, the Hearings Board held that the City had "complied with the GMA in all respects challenged by the petitioner," and stated that the Plan should serve as a "model" for other cities throughout the state. After public review and a recommendation from the Planning Commission, the City's current Zoning Code (Title 17 PTMC) was adopted by the Council on April 7, 1997 (Ordinance No. 2571), to comply with the GMA and to implement COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 1 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. 7. 8. 9. the Plan. All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference. After public review and a recommendation fi:om the Planning Commission, the City's current Comprehensive Plan/Development Regulations Amendment Process Code (Chapter 20.04 PTMC) was adopted by the Council on December 16, 1996 (Ordinance No. 2559) to implement the GMA requirement to establish procedures for plan and development regulation amendments ( § § 36.70A. 130 and 36.70A.470 RCW). All findings, recitals and other provisions of Ordinance No. 2559 are incorporated herein by this reference. Chapter 20.04 PTMC establishes a process for consideration, no more frequently than once per year, of potential amendments to the Plan, including the Official Land Use Map, and the Zoning Code, including the Official Zoning Map. The process codified in Chapter 20.04 PTMC solicits public involvement in identifying suggested plan and development regulation amendments, and provides ample opportunities for meaningful public comment on the proposed amendments. Early, continuous and meaningful public participation is achieved through broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, information services, and consideration and response to public comments, consistent with the requirements of the GMA (§§ 36.70A.035, 36.70A. 130, and 36.70A. 140 RCW). Pursuant to the procedures outlined in Chapter 20.04 PTMC, and after public review and recommendation fi:om the Planning Commission, the Council adopted the first sequence of amendments to the Plan's Land Use Map and consistent amendments to the Official Zoning Map on September 15, 1997 (Ordinance No. 2606). Ordinance No. 2606 adopted site-specific map amendments initiated by citizen landowners, and did not involve amendments to the text and policies of the Plan, or the text and tables of Title 17 PTMC, Zoning. This ordinance (Ordinance No. 2670) represents the first time the City has undertaken significant legislative amendments to the narrative text, tables, goals, policies, and Land Use Map of the Plan, and amendments to the text, tables, and Official Zoning Map of Title 17 PTMC. As set forth in the findings below, the opportunities provided for meaningful citizen participation employed in this review and amendment process are wholly consistent with the requirements of the GMA (§§ 36.70A.035, 36.70A.130, and 36.70A. 140 RCW) and the procedures set forth in Chapter 20.04 PTMC. On February 26, 1998, and after timely and effective public notice, the Planning Commission held a public meeting to become familiar with the review and amendment procedures established in Chapter 20.04 PTMC, and to begin to identify potential amendments to the Plan and Title 17 PTMC. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 2 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 10. 11. 13. 14. On March 12,1998, and after timely and effective public notice, the Planning Commission held a public meeting to identify potential Plan and Zoning Code amendments for inclusion on the preliminary docket, consistent with the requirements of 20.04.050 PTMC. On May 14, 1998, and after timely and effective public notice, tire Planning Commission held a public workshop to refine and develop the suggested Plan and Zoning Code amendments, and to prepare for a subsequent public hearing to determine which suggested amendments should be placed on the final docket, consistent with the requirements of 20.04.060 PTMC. On May 28, 1998, and after timely and effective public notice, the Planning Commission held an open record public hearing to accept public testimony regarding which suggested Plan and Zoning Code amendments should be placed on the final docket for formal review and consideration, to deliberate upon the testimony received, and to prepare its findings, conclusions, and recommendations for the advice of the City Council, all in a manner consistent with the requirements of 20.04.060(C) PTMC. At a regular meeting held on June 15, 1998, and after timely and effective public notice, the Council deliberated upon and adopted the final docket recommendations of the Planning Commission, consistent with the requirements of 20.04.060(D) PTMC. On August 27, 1998, and after timely and effective public notice, the Planning Commission held a public meeting to review and discuss the recommendations of the Building and Community Development Department (BCD) regarding the proposed Plan and Zoning Code amendments (as required under 20.04.070 PTMC), and to outline an appropriate Schedule for the remainder of the formal review and amendment process. On September 10, and September 24, 1998, and after timely and effective public notice, the Planning Commission held public workshop meetings to review the draft text of the proposed Plan and Zoning Code amendments, and to refine the form and content of the proposed amendments for formal consideration at a subsequent public hearing. On October 8, 1998, and after timely and effective public notice, the Planning Commission held open record hearings to accept public testimony on three of the four site-specific, quasi-judicial, proposals to amend the Plan Land Use Map and the Official Zoning Map (i.e., Robert C. Harper- LUP98-07; Roger Evans - LUP98-16; and Deborah Hart on behalf of the Baldridge Group - LUP98-31), the entirety of the legislative items on the final docket (i.e, City of Port Townsend - LUP98-37), and to begin its deliberations and formulation of findings, conclusions and recommendations for the advice of the Council. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 3 ADOPTION ORDINANCE NO, 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 15. 16. 17. 18. 19. 20. On October 15, 1998, and after timely and effective public notice, the Planning Commission held a continuation of the October 8, 1998 open record hearing on the quasi-judicial, site specific request of the Baldridge Group (i.e., LUP98-31), and continued its deliberations and .formulation of findings, conclusions and recommendations for the advice of the Council. On October 22, 1998, and after timely and effective public notice, the Planning Commission held an open record public hearing on the site specific, quasi-judicial request of the Jefferson County Public Utility District (PUD) #1 to amend the Plan Land Use Map and the Official Zoning Map (LUP98-30), and to complete its deliberations and formulation of findings, conclusions and recommendations for the advice of the Council. On October 26, 1998, and after timely and effective public' notice, the Council and Planning Commission held a joint public workshop to review and discuss the findings, conclusions and recommendations of the Planning Commission, in preparation for the Council's subsequent public hearing on the proposed Plan and Zoning Code amendments. On November 2, 1998, and after timely and effective public notice, the Council held a final open record hearing to accept public testimony on the Planning Commission's recommendations, and to deliberate upon the testimony received. On November 16, 1998, and after timely and effective notice, the Council held a public meeting to deliberate further upon the testimony received, and to formally adopt, adopt with modifications, or reject the various findings, conclusions and recommendations of the Planning Commission. The Council hereby adopts and incorpOrates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of October 15, 1998 relating to the minor legislative amendments which do not necessitate changes to the Plan's Land Use Map or the text, tables, or Official Zoning Map of Title 17 PTMC. Specifically, the Council finds that the Planning Commission's findings, conclusions and recommendations regarding the minor legislative amendments are consistent with the requirements for amending the Plan set forth in Chapter 20.04 PTMC, and hereby approves: ao The request by the Port of Port Townsend (the Port) to amend Table IV-1 on page IV-14 of the Land Use Element of the Plan changing the height limit in the M-II(A) land use designation l~om thirty-five feet (35') to fifo/ feet (50'), consistent with the height limitations contained in Table 17.22.030 PTMC; be The request by the Port to amend Policy 9.9 on page IV-26 of the Land Use Element of the Plan to indicate that the restriction to "water-oriented" COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 4 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 21. uses is limited to land located within the jurisdiction of the Port Townsend Shoreline Management Master Program; The request by the Port to amend the narrative text relating to "State & Private Ferry Needs" on page VI-8 of the Transportation Element of the Plan to indicate' that the City advocates improved transit service between Port Townsend and the Kingston ferry terminal as well as the establishment of Port Townsend to Seattle ferry service to support tourism and economic development; do The request by the Port to amend Goal 2 and Policy 2.3 on page VI-12 of the Transportation Element of the Plan to recognize the role of the Port in air and water transportation; The request by Barbara and Michael Anderson, as modified by the Planning Commission, tO amend Policy 10.2(e) of the Transportation Element of the Plan to diminish the City's commitment to establishing a street utility fund, indicating instead that the City merely intends to explore the establishment of a such a fund as one potential means for securing long-term funding sources for transportation improvements; The request by the Port to add a new sub-paragraph entitled "Endangered Species Listings" at the end of the "Introduction" section to the Capital Facilities & Utilities Element of the Plan to acknowledge the potential implications of future ESA listings and to describe the steps previously taken by the City to mitigate the impacts of the City's growth and development on adjacent marine waters; and go The request by the Port to add a new Policy'3.7 on page VIII-4 of the Economic Development Element of the Plan to indicate the City's support for the establishment of the Northwest Maritime Center. The Council hereby incorporates by this reference the findings, conclusions and recommendations adopted by the Planning Commission during its meeting of October 15, 1998 relating to the major legislative proposals requiring amendments to the goals, policies and/or Land Use Map of the Plan, and/or amendments to the text, tables and/or Official Zoning Map of Title 17 PTMC. .The Planning Commission's findings, conclusions and recommendations regarding the major legislative proposals are adopted, or adopted with modifications as follows: The Council adopts with modifications the Planning Commission's recommendation to approve the request by Denny and Lynda LaVigne to amend the text and tables of Chapter 17.18 PTMC to improve the overall functioning of the C-II/MU zoning district. More specifically, the Council adopts the Planning Commission's "Option B," PROVIDED that the COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 5 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 maximum floor area ratio (FAR) for "commercial-only" projects in the C- II/MU district is increased fi.om 0.20:1 to 0.25:1 FAR to afford landowners greater design latitude without sacrificing the goals and purposes of the C-II/MU district. As modified, and based upon the record developed before the Planning Commission and Council, the Council finds that the request is consistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The Council unanimously adopts the Planning Commission's recommendation to deny the request by Phyl Speser to amend Policy 7.14 of the Land Use Element of the Comprehensive Plan and the text and tables of Chapter 17.16 PTMC to allow small "high-technology" businesses as a matter of right within all residential districts. Based upon the record developed before the Planning Commission and Council, the Council finds that the request is inconsistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The Council unanimously adopts the Planning Commission's recommendation to deny the request by Bernard and Germaine Arthur to amend Policy 7.14 of the Land Use Element and the Land Use Map of the Plan, the text and tables of Chapter 17.16 PTMC and the Official Zoning Map, to create an overlay zone for all R-III zones lying in the Uptown area of the City to permit selected "low-impact" businesses subject to conditional use permit approval. Based upon the record developed before the Planning Commission and City Council, the Council finds that the request is inconsistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The Council unanimously adopts the Planning Commission's recommendation to deny the request by David Fischer and Malcolm Dom to amend PoliCY 7.14 of the Land Use Element of the Plan and the text and tables of Chapter 17.16 PTMC to allow "day spas" within residential zoning districts. Based upon the record developed before the Planning Commission and Council, the Council finds that the request is inconsistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The Council unanimously adopts the Planning Commission's recommendation to approve the request by Robert and Darby Greenway to amend the narrative text of the Land Use Element of the Plan describing the R-I and R-II zoning districts, and the text and use table of Chapter 17.16 PTMC, to allow a wider range of agricultural uses outright in the R- I district, and conditionally in the R-II district. Based upon the record developed before the Planning Commission and Council, the Council finds that the request is consistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 6 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36' 37 38 39 40 41 42 43 44 45 22. 23. 24. 25. Although the Council denies the Speser, Fischer/Dom and Arthur requests as set forth in findings 21(b), (c) and (d), above, the Council nevertheless desires that a clarifying amendment to Policy 7.6 of the Land Use Element of the Plan be adopted. The purpose of this clarifying amendment is to commit the City to reviewing, reconsidering, and if found desirable and necessary, amending the provisions of Chapter 17.56 PTMC, Home Occupations to allow somewhat more intense commercial uses in residential areas through the conditional use review and approval process. The Council desires that the Land Use Committee of the Council and the Planning Commission begin consideration of this issue at the earliest possible opportunity, consistent with the limitations of Chapter 20.04 PTMC. The Council hereby adopts and incorporates by this reference the findings and conclusions contained in Resolution 98-116, relating to LUP98-07, and approves the site specific, quasi-judicial, request of Robert C. Harper to amend the Comprehensive Plan Land Use Map and the Official Zoning Map to change the designation and zoning of his property located at 2611 Sims Way fi.om M- U(A) to C,II. Based upon the record developed before the Planning Commission and Council, the Council finds that the request is consistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The City Council hereby adopts and incorporates by this reference the findings and. conclusions contained in Resolution 98-117, relating to LUP98-16, and · approves the site specific, quasi-judicial, request of Roger Evans to amend Policy 8.11~ of the Land Use Element and the Land Use Map of the. Plan, and the Official Zoning Map to change the designation and zoning of a 4.16 acre portion his property abutting the intersection of Sims Way and the unopened Howard Street right-of-way fi.om M-C and P/OS to C-II. Based upon the record develOped before the Planning Commission and Council, the Council finds that the request is consistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. Subsequent to the Planning Commission's October 22, 1998 public hearing, the Council authorized City staffto begin negotiating with Jefferson County Public Utility District (PUD) #1 regarding the purchase of the property subject to LUP98-30. Formal Consideration of LUP98-30 was formally postponed by the Council on November 16, 1998. Preceding the adoption of this ordinance, the Council adopted Resolution 98- , on December 7, 1998, a resolution authorizing the mayor to sign an agreement with Jefferson County PUD #1 regarding the purchase of land in the City and authorizing the finance director to issue wan'ants for the purchase of the land in accordance with the agreement. Accordingly, a decision on the merits of LUP98-30 is unnecessary, and the application shall be automatically removed fi.om consideration upon execution of the agreement. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 7 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 26. 27. 28. 29. 30. 31. 32. The Council hereby adopts and incorporates by this reference the findings and conclusions contained in Resolution 98-118, relating to LUP98-31, and approves the site specific, quasi-judicial, request of the Baldridge Group to amend the Plan Land Use Map and the Official Zoning Map to change the designation and zoning of the "Key City Lanes" property, located at 414 Keamey Street from C-II/MU to C-II. Based upon the record developed before the Planning Commission and City Council, the Council finds that the request is consistent with the requirements for amending the Plan and Zoning Code set forth in Chapter 20.04 PTMC. The Council finds that the Plan and Zoning Code amendments adopted herein have been subject to environmental review and threshold determination in compliance with the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW, and Chapter 197-11 WAC) and Chapter 19.04 PTMC. On September 16, 1998, the City's SEPA Responsible Official issued a determination of nonsignificance (DNS) for the legislative amendments adopted herein, which became final on October 1, 1998. Similarly, each of the site-specific, quasi- judicial amendments was the subject of more detailed environmental review and threshold determination, as set forth in City Resolutions Nos. 98-116, 98-117 and 98-118. The Council finds that the Plan and Zoning Code amendments adopted in this ordinance are tree to the original vision and goals of the Plan, while accommodating some reasonable and modest change that is entirely consistent with the Community Direction Statement contained in Chapter III of the Plan, and the review and amendment criteria set forth in 20.04.080(A)(3) and (4), and (I3)(3) PTMC. Consistent with the requirements of the GMA, Building and Community Development Department staff forwarded the proposed amendments to the Plan and Zoning Code to the State of Washington Department of Community Trade and Economic Development (DCTED) for review and comment more than sixty (60) days prior to the adoption of this ordinance (§36.70A. 106). No substantive comments were received from DCTED prior to the adoption of this ordinance. This ordinance has been prepared in conformance with the goals and requirements of the GMA (Chapter 36.70A RCW) and is externally consistent and compatible with the 13 state-wide planning goals contained within the GMA (§36.70A.020 This ordinance has also been reviewed against the requirements of the County_- Wide Planning Policy for Jefferson County_ (CWPP) and has been found by the Council to be in conformance therewith. Based upon the foregoing findings, the Council finds that adoption of the following amendments to the nan'ative text, goals, policies and Land Use Map of COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 8 ADOPTION ORDINANCE NO. 2670 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 the Plan, and the text, tables and official Zoning Map of Title 17 PTMC will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. NOW TItEREFORE, the City Council of the City of Port Townsend in regular session assembled does hereby ordain as follows: SECTION 1: ADOPTION OF AMENDMENTS TO THE NARRATIVE TEXT. TABLES AND POLICIES OF THE PORT TOWNSEND COMPREHENSIVE PLAN. The narrative text, tables and policies of the Port Townsend Comprehensive Plan are hereby amended as set forth in subsections 1.1 through 1.13, below. SUBSECTION 1.1: Chapter IV, Land Use Element, narrative paragraph entitled "R-I - Low Density Single-Family" contained on page IV-8, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: R-I - Low Density Single-Family: This designation accommodates single-family residences (including duplexes, triplexes, and fourplexes) at a density of up to 4 dwelling units per acre (i.e., 10,000 square foot minimum lot size, or approximately 4 dwelling units within one block of platted land). This land use designation has been applied only within drainage basins 4a and 4b in the northwestern portion of the City, because of stormwater-related development constraints. The designation 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. The desicmation also~rovides for a wide ran~e~__of a_m/cultural uses. SUBSECTION 1.2: Chapter IV, Land Use Element, narrative paragraph entitled "R-II - Medium Density Single-Family" contained on page IV-8, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: R-II - Medium Density Single-Family: This designation accommodates single-family dwellings (including duplexes, triplexes and fourplexes) at a density of up to 8 units per acre (i.e., 5,000 square foot minimum lot size, or approximately 8 dwelling units within one block of platted land). The R-II designation corresponds closely to those areas of town that are currently platted to 8 lots a block, include few development limitations, and which are in proximity to existing public facilities and services. Selected forms of aericul'ture are also allowed. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 9 ADOPTION ORDINANCE NO. 2670 SUBSECTION 1.3: Chapter IV, Land Use Element, Table IV-l, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: TABLE IV-l: LAND USE DESIGNATIONS -SUGGESTED USES, DENSITIES & BUILDING HEIGHTS* LAND USE LAND MINIMUM MAXIMUM BUILDING DESIGNATIONS USES ALLOWED DENSITY DENSITY HEIGHTS OR LOT (Feet) COVERAGE R-I Single-Family Not 4 Dwelling Units 30 Houses, Specified Per Duplexes, Triplexes Acre; Maximum & Fourplexes Lot Coverage of 35% R-II Single-Family NOt 8 Dwelling 30 Houses, Specified Units Per Duplexes, Triplexes Acre & Fourplexes R-IH Single-Family Not Specified 16 Dwelling 35 Houses, Units Per Duplexes, Triplexes Acre & Fourplexes; Condos, Townhouses & Aparmaents R-IV Condos, 17 Dwelling 24 Dwelling 35 Townhouses Units Per Acre Units Per Acre & Apartments C-I/MU Upper Floor ' Not 2 Square Feet of Not Specified Residential & Specified Gross Floor Area Ground Per Floor 1 Square Foot of Neighborhood Lot Commercial C-II/MU Upper Floor Not 3 Square Feet of Not Specified Residential & Specified Gross Cffound Floor Area Per Flool Community 1 Square Foot of Commercial Lot · COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 10 ADOPTION ORDINANCE NO. 2670 C-I Small Scale Not 1 Square Foot of 35 Neighborhood Specified Gross Floor Area Retail & · - Per Professional Offices 3 Square Feet of Lot C-II Medium Scale Not 1 Square Foot of 35 Auto Oriented Specified Gross Floor Area Commercial Uses Per 1 Square Foot of Lot C-II(H) Medical Clinics, NOt 1 Square Foot of 35 Nursing Homes Specified Gross Floor Area Doctor's & Dentist's Per Offices, & 1 Square Foot of Pharmacies Lot C-III Upper Floor Not 3 Square Feet of 50, or as Residential, Studios Specified Gross Specified by the & Floor Area Per Port Townsend Offices; Ground 1 Square Foot of Urban Waterfront Floor Lot Plan General Retail C-IV Large Scale Auto- Not Maximum Lot 45 Oriented Retailing; Specified Coverage of 90% Shopping Centers & Mini-Malls M/C Small Scale Not, 1 Square Foot of 35 Manufacturing with Specified Gross Floor Area Associated On-Site Per Retailing 1 Square Foot of Lot M-I Light Not 1 Square Foot of 35 Manufacturing, Specified Gross Floor Area Processing, Per Fabrication 1 Square Foot of & Assembly; Lot Warehousing & Storage M-II(A) Marine-Related Not 1 Square Foot of 3-5 ~___ Uses at Specified Gross Floor Area The Boat Haven Per 1 Square Foot of Lot M-II(Bi' Marine-Related Not 1 Square Foot of 35 T~A..~*.~! USeS at Specified Gross Floor Area Point Hudson Per 1 Square Foot of Lot COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 11 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 M-HI Heavy Industrial Not 1 Square Foot of 35 Uses Specified Gross Floor Area & Bulk Storage Per .. 1 Square Foot of Lot P/OS Existing City, Not Not Not Applicable County & Applicable Applicable State Owned Parks Recreation Areas P/OS(A) Potential Not Not Not Applicable (Overlay Open Space & Applicable Applicable Designation) Trails Network; Residential & Passive Recreational Uses P/OS(B) Mixed Public Not 1 Square Foot of 35 Facility Specified Gross Floor Area & Passive per Recreation 4 Square Feet of Uses Lot P-I Schools, Libraries, Not Maximum Lot 50 & SpeCified Coverage of 45% Government Buildings R-PUD Single-Family & Not Varying - Depends Varying - Multi-Family Specified Upon Base Zoning 'Depending Residential Density Upon Surrounding Uses and Development Design MU-PUD Mixed Residential Not Varying - Depends · Varying - & -Specified Upon Base Zoning Depending Commercial Density Upon Surrounding. Uses and Development , Design CM-PUD Mixe~l Commercial Not Varying - Depends Varying - & Manufacturing Specified Upon Base Zoning Depending Density Upon Surrounding Uses and Development Design * This table is intended only to provide information and guidance in the preparation of revisions to the Zoning Code (i.e., Title 17 PTMC). COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 12 ADOPTION ORDINANCE NO, 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SUBSECTION 1.4: Chapter IV, Land Use Element, Policy 7.6, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 7.6: a. ~Develop performance standards to ensure that home occupations maintain or enhance the character of existing residential neighborhoods,: and Consider establishine a conditional use permit (CUP) reauiremerlt for other eommereia[uses not permitted outri~eht under the Home Occupation Code that mi.~ht be made compatible with the orimarv use and character of residential neighborhoods through the CLIP review and aooroval orocess. SUBSECTION 1.5: Chapter IV, Land Use Element, Policy 8.11, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 8.11: As depicted on the Land Use Map, require a 50 to 100 foot open space buffer along Sims Way (i.e., S.R. 20) from the City limits to approximately 300 feet west of Howard Street, and Discovery Road from the City limits to 7 TM Street, to preserve the forest corridor, and to provide a visual buffer between the roadway and new residential, commercial, and manufacturing development. SUBSECTION 1.6: Chapter IV, Land Use Element, Policy 9.9, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 9.9: Where re¥,ulated by the Port Townsend Shorelines Master Pro,am. llew ~ port-related manufacturing and commercial uses should be limited to water-o ente uses ag ......... j ....................... SUBSECTION 1,7: Chapter IV, Land Use Element, Policy 10.2, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 10.2: Establish a community-serving mixed use center designation to be applied to areas which are in proximity to the City's existing east/west commercial and transportation corridor (e.g,, both sides of Discovery Road from 7th Street to 12th Street; and the east side of Keamey Street from ~ Garfield to Franklin Street). SUBSECTION 1,[1: Chapter VI, Transportation Element, narrative paragraph entitled "State & Private Ferry Needs" contained on page VI-8, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: State & Private Ferry Needs The City should coordinate with the Washington State Department of Transportation (WSDOT) Ferry Division to carry out the recommendations of the Gateway Development Plan regarding ferry vehicle queuing and vehicle holding. In addition, the COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 13 ADOPTION ORDINANCE NO. 2670 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 1 City and WSDOT should implement the parking and management recommendations of 2 the 1993 WSDOT Report. Efforts to improve ferry and bus schedules are ongoing and 3 should be supported by the City to increase mobility and to decrease the number of single 4 occupancy vehicles arriving at the ferry dock. The Ci~ should also work with WSDOT 5 and Jefferson Transit to develop transit service between Port Townsend and the Kingston ferry terminal. The City should coordinate with the Port of Port Townsend to develop a moorage float and dock facility for passenger ferries and other seasonal cruise boats at the Quincy Street dock facility. A head tax should be collected on vessels disembarking in Port Townsend. Revenues collected should be earmarked for pedestrian facility improvements in the Historic District. The Ci_ty should advocate the establishment of Port Townsend to Seattle passenger ferry. service to surmort tourism and economic develor)ment, and should encourage WSDOT to study the feasibili _ty of direct vehicle ferry service between Seattle and Port Townsend. SUBSECTION 1.9: Chapter VI, Transportation Element, Goal 2, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Goal 2: To coordinate the planning, construction, and operation of transportation facilities and programs of Jefferson County, Washington State Department of Transportation (WSDOT) Highways and Ferries Divisions, the Peninsula Regional Transportation Planning Organization (PRTPO), the Port of Port Townsend, Jefferson Transit, and utility providers. SUBSECTION 1.10: Chapter VI, Transportation Element, Policy 2.3, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 2.3: Establish and maintain a joint City-County program for reviewing and resolving inter-jurisdictional transportation concerns in, or affecting, Port Townsend's UGA. Include revresentation fi:om Jefferson Transit and the Port of Port Townsend. SUBSECTION 1.11: Chapter VI, Transportation Element, Policy 10.2, of the Port Townsend Comprehensive Plan is hereby amended to read as follows: Policy 10.2: Secure adequate long-term funding sources for transportation through a variety of methods. These methods may include, but are not limited to: a. Encouraging public/private partnerships and/or cost sharing agreements for financing transportation projects that remedy existing transportation problems, or that foster economic growth in Port Townsend (this private sector involvement may include: TransPortation Demand Management programs, Negotiated Transportation Agreements and/or small area plans where developers provide transportation improvements such as integrated COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 14 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Co transit, pedestrian and bicycle connections into new developments, and mitigation payment systems such as impact fees); Encouraging the use of local improvement districts (LIDs) by property owners to .upgrade roads to meet City road standards or "Benefit Area Improvement District" financing for transportation improvements where local benefits are clearly identified; Requiring impact mitigation payments through a concurrency management system; Seeking funding from the federal or state sources, such as the Intermodal Surface Transportation Efficiency Act (ISTEA) program, the Transportation Improvement Account (TI.A), and the Public Works Trust Fund (PWTF); l~t 1.1' 1~' ' ' ~a...::.~ng Exulonn~ th_ e. estabhshment of a street utility fund; provided that: (i) The use of sireet utility funds is ~ and :itc: fo: +~e ~e;'e purFe:e:; and used for the oueration and develoument of transuortation facilities and uro~rams: and (ii) Policies ~ are established for the allocation of funds raised by the utility, and that: ~A2 at least 25% of the revenues generated from the utility sh~ are earmarked for nonmotorized transportation system improvements; E~m'"ar~ng mo~es received from street vacations for the purchase of rights of-way; and Impact fees that require new development to pay its fair share for t~ansportation improvements, based on its proportionate share of SUBSECTION 1.12: Chapter VII, Capital Facilities & Utilities Element, of the Port Townsend Comprehensive Plan is hereby amended to include the follOwing narrative paragraph entitled "Endangered Species Listings" within the "Introduction" COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 15 ADOPTION ORDINANCE NO. 2670 1 2 3 4 5 6 section of the Element, immediately following the paragraph entitled "Essential Public Facilities" contained on page VII-3: Endangered Species Listings February 1997. the National Marine Fisheries Service announced its intention to list a 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 rtumber of salmon and steelhead stocks in the Northwest as "threatened" or "endangered." Port Townsend has no salmon streams within its City limits, but is surrounded on three sides by a sensitive marine habitat, and draws its water fi.om rivers that are si~ificant ~awning Founds. Endangered species listings could have profound importance, and reemnhasizes, the Citv's, commitment to take utmost care of our natural ~ystems. The City. has already taken important steps, including: [] Carfital Facilities - The development of a wastewater treatment facility with second_a_rv treatment, the creation of the Stormwater Utili~ preserving and enhancing.natural drainage systems, reducing the rate of increase of toxic runoff related to automobile use~thr~ugh development of a nonmotorized transportation ~ystem. and mana,eement of the drir~king water system with the needs of fish in mind. [3 I Regulation - Pas.qa~,e of environmentally sensitive areas reeulations, regulation of activities through tl~e Shoreline Master Pro,am. implementation of best management practices for develor~ment under the En,eineering Design Standards Manual. and adherence to the cor~trolled erowth nrincirfles of the G~IA. In the future, the City will narticivate actively with other Jurisdictions in the development and imnlementation ofreeional management frans for nrotection of the listed smecies. will continue to imr~rove the t>rotection offered by our regulations, and will imnlement the capital facilities projects called for in this element of the Plan to improve the wa~tewater, water, and stormwater systems of the City_. SUBSECTION 1.13: Chapter VIII, Economic Development Element, of the Port Townsend Comprehensive Plan is hereby amended to include a new Policy 3.7 to read as follows: PoI|¢y 3.7: Encourage develonment of a Northwest Maritime Center. -ar a SECTION 2: ADOPTION OF AMENDMENTS TO THE LAND USE MAP OF TI:fE PORT TOWNSEND COMPREHENSIVE PLAN. Pursuant to the City's authorlty under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this ordinance, the City Council hereby adopts an amended Official Comprehensive Plan Land Use Map for the City of Port Townsend, which is marked as EXItIBIT A, attached hereto and by this reference made a part hereof. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 16 ADOPTION ORDINANCE NO. 2670 1 SECTION 3: ADOPTION OF AMENDMENTS TO THE TEXT AND TABLES OF 2 TITLE 17. ZONING. OF TIlE PORT TOWNSEND MUNICIPAL CODE. The text 3 and tables of Title 17, Zoning, of the Port Townsend Municipal Code are hereby 4 amended as set forth in subsections 3.1 through 3.6, below. $ 6 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 SUBSECTION 3.1: Section 17.08.020, A through D, Chapter 17.08, Definitions, of the Port Townsend Municipal Code is hereby amended to include the following definition of the term "Community supported agriculture," which shall be inserted following the existing definition of "Community event sign," and before the existing definition of "Compatible use": "Community, supported a~m'iculture" means the direct sale of am'icultural., produce sown on the site to persons who have contracted for periodic pick up or delivery_ of such r)roduce, excluding sales from a concession stand. SUBSECTION 3.2: Table 17.16.020, Residential Zoning Districts - Permitted, Conditional and Prohibited Uses, Chapter 17.16, Residential Zoning Districts, of the Port Townsend Municipal Code is hereby amended to read as follows: 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 DISTRICTI -iI APPLICABLE REGULATIONS/NOTES SINGLE-FAMILY RESIDENTIAL USES Accessory dwelling units Adult family homes Efficiency dwelling units Manufactured homes (on individual lots) Mobile homes and trailer homes (on individual lots) Ch. 17.48 PTMC, "Accessory Dwelling Units"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." For ADUs in the R-IH zone, the ADU shall be counted toward the maximum housing density as provided in § 17.16.030 PTMC. § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Same as above. Ch. 17.64 PTMC, "Manufactured and 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 § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 17- ADOPTION ORDINANCE NO, 2670 Single-family dwellings (including duplexes, triplexes, and fourplexes .. which meet the base density requirements of the § 17.16.030 PTMC, "Residential bulk, dimensional and applicable district) P P P P density requirements." MULTI-FAMILY RESIDENTIAL USES Apartment houses X X P P Ch. 17.36 PTMC, "Multi-Family Residential Development Standards"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Boardinghouses (4 or fewer P P P P Same as above. roomers) and lodging and rooming houses (5 or more roomers) Congregate Care Facilities X ' C P P Same as above. Foster homes P P P P Same as above. Fraternities, sororities and X X C C Same as above. student cooperatives Multi-family dwellings X X P P Same as above. Nursing, rest, or X X P P Same as above. convalescent homes (3 or more persons) "Group Homes" are considered an "essential public facility" under RCW 36.70A.200; "... their siting Residential treatment cannot be precluded by development regulations "' facilities including group and § 17.16.030 PTMC, "Residential bulk, dimensional homes for the disabled C C C C and density requirements." Townhouses or rowhonses X I X P P Ch. 17.36 PTMC, "Multi-Family Residential (zero lot lines) Development Standards"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." COMMERCIAL USES Bed and breakfast inns C C C C _ § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Child day care centers, child Ch. 17.52 PTMC, "Day Care Facilities"; and day care facilities, and § 17.16.030 PTMC, "Residential bulk, dimensional and preschools C , C C C density requirements." Family day care homes P P P P Same as above. Home occupations P P P P Ch. 17.56 PTMC, "Home Occupations"; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Tourist homes C C C C § 17.16.030 PTMC, "Residential bulk, dimensional and densitY requirements." ACCESSORY USES AccessOrYaccessorY stmcturesbUildings and P P P P I Requirements." . COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 18 ADOPTION ORDINANCE NO. 2670 Such containers require a permit and inspection pursuant to Ch. 16.04 PTMC, "Building and Construction," may Fuel oil and kerosene .. only be permitted for domestic heating purposes, must containers be located above ground, and may not exceed 750 P P P P gallons capacity. Garages, private residential P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." AGRICULTURAL USES Barns P C X X § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Crop or tree farming (no P G E_ X X retail sales) U-pick sales of crons _E _ X X All harking shall be off-street Stables, private and riding P C X X § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Plant nurseries,'landscaping C C X X Same as above. materials, greenhouses (commercial) Small animal husbandry, C X X X Same as above. commercial Small animal husbandry; P P P P Same as above. non-commercial I Concession stands, P GP* X X § 17.16.030 PTMC, "Residential bulk, dimensional and agricultural or produce -- density requirements"; temporary agricultural or produce stands are subject to Ch. 17.60 PTMC, "Temporary Uses." * In the R-H zone. concession stands are limited to locations frontin~ onto orincioal arterial, collector, and minor arterial s~reets. OTHER USES Stadiums, arenas and C C X X § 17.16.030 PTMC, "Residential bulk, dimensional and assembly halls -density requirements." Cemeteries C C X X Churches C C C C Church buildings must comply with the requirements of , § 17.16.030 PTMC, "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 clubhouses P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements." Fraternal organizations C C C X Same as above. Kennels, animal C X X X Same as above. Public facilities P P P P Same as above. COMPREHENSIVE PLAN AMENDMENTS . DECEMBER 7, 1998 19 ADOPTION ORDINANCE NO. 2670 Radio, television and other C C C C Such facilities are allowed in all zoning districts subject telecommunications towers to the conditional use permit requirements of Ch. 17.84 .. PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District; and § 17.16.030 PTMC, "Residential bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 PTMC. Satellite dishes and antennae p P P P Satellite dishes and antennae shall meet the requirements of§ 17.16.030 PTMC, "Residential bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 PTMC. Schools, colleges (public or C C C X § 17.16.030 PTMC, "Residential bulk, dimensional and private) density requirements." Veterinary hospitals C X X X Same as above. TEMPORARY USES Contractor offices and P P P P § 17.16.030 PTMC, "Residential bulk, dimensional and model homes density requirements"; and Ch. 17.60 PTMC, "Temporary Uses." Rummage or other outdoor P P P P Ch. 17.60 PTMC, "Temporary Uses." sales Yard or garage sales P P P P Same as above. 2 3 SUBSECTION 3.3: Section 17.18.020, Permitted, conditional and prohibited 4 uses, Chapter 17.18, Mixed Use Zoning Districts, of the Port Townsend Municipal Code 5 is hereby amended to read as follows: 6 7 17.18.020 Permitted, conditional and prohibited uses. 8 A. Table 17.18.020 PTMC identifies land uses in the mixed use zoning 9 districts that are permitted outright (P), subject to a conditional use permit (C), or 10 prohibited (X). However, notwithstanding the fact that a use may be permitted outfight, 11 additional permits may be required for certain projects. Uses not specifically identified 12 within Table 17.18.020 PTMC are deemed to be contrary to the interests of the public 13 health, safety and welfare of the citizens of Port Townsend and shall be prohibited. 14 B. Requirements for the uses identified in Table 17.18.020 PTMC which are 15 contained within other provisions of this title are referenced under the heading 16 "applicable regulations/nOtes," although this should not be construed as comprehensive 17 listing bf all provisions of this title which may apply to any given use. Specifically, the 18 provisions of Chapter 17.72 PTMC, "Off Street Parking and Loading," and Chapter 17.76 19 PTMC, "Signs" shall apply to all uses, even if not noted in Table 17.18.020. 20 C A. reeidcn~r2 .~e~ as ~ ...................................... COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 20 ADOPTION ORDINANCE NO. 2670 1 2 3 4 6 7 8 9 10 11 12 13 gg. Incidental uses which are identified in this Title as prohibited or conditional uses within the applicable zoning district shall be considered conditional and processed as a minor CLIP (Type II) in accordance with Chapter 20.01 subject to the approval criteria codified in Chapter 17.84 PTMC. SUBSECTION 3.4: Table 17.18.030, Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses, Chapter 17.18, Mixed Use Zoning Districts, of the Port Townsend Municipal Code is hereby amended to read as follows: Table 17.18.020 Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited DISTRICT C-I(MU) ' H(MU) APPLICABLE REGULATIONS/NOTES RESIDENTIAL USES (Mixed with other permitted non-residential uses) Apat huent houses Boarding houses (4 or fewer roomers) and lodging and rooming houses (5 or more roomers) Attached single family residences (i.e., duplexes, ~plexes and fourplexes) Multi-family dwellings Residential treatment facilities including gxoup homes for the disabled Residences above commercial uses Detached single-family residences Townhouses or rowhouses (zero lot lines) OFFICE USES P P P P C P P P X P C P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements"; and Ch. 17.36 PTMC, "Multifamily Residential Development Standards." Same as above. § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Same as above. "Group Homes" are considered an "essential public facility under RCW 36.70A.200; "... their siting cannot be precluded by development regulations.... "; and § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." The Port Townsend Comprehensive Plan identifies, this as the preferred form of development within Mixed Use Zoning Districts. X X P P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements"; and Ch. 17.36 PTMC, "Multifamily Residential Development Standards." Banks I PIP I§ 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 21 ADOPTION ORDINANCE NO. 2670 Key to table: P = Permitted outright;' C = Subject to a conditional use permit; X = Prohibited C- DISTRICT'. C-I(MU) II(MU) "' APPLICABLE REGULATIONS/NOTES Business Services P P Same as above Financial institutions X P Same as above. Offices, business and P P Same as above. professional Offices, government C C Same as above. Offices, medical P P Same as above. Veterinary hospitals C C Same as above. t~g-T-Atg C~)~I~TJ~L USES Antique and ~iff sales X _ Same as above. Apparel and accessory X P Same as above. stores Art galleries X _ Same as above. Building materials, X P Same as above. garden and farm supplies stores Convenience stores, X C Same as above. Confectionaries P P Same as above. Custom, art and craft P P Same as above. work Education and music X ~_ Same as above. studio Food stores and grocery P P Same,as above. ' stores General merchandise P P Same as above. stores Micro breweries C C § 17-.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." The manufacturing component within any micro brewery located w/thin a mixed use zoning district must be subordinate and accessory to a primary retail use. Office supplies and X~ __. ~ 17.18.030 PTMC. "Mixed use bulk. dimensional and density equipment ~quirements." Other food services X P Same as above. Pharmacies and medical P P ~~ ~'~, ..~.wv ~Q n~t~ P2D.~C,''~s;v~'~...~..~ .... -~. ~...,,.~_~., .u .... ~, ~.~ .~;,.. supply stores ~ ~ame as above. Restaurants (excluding P P Same as above. those with drive-in or drive-through service) Specialty stores P P Same as above. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 22 ADOPTION ORDINANCE NO. 2670 COMMERCIAL SERVICE USES Catering establishments X P Same as above. Massaee clinic or center X P Same as above. Health clubs, dance P P Same as above. studios, martial arts studios Laundromats and P P Same as above. laundry services Personal services P P Same as above. 'Printing, commercial P P Same as above. Servicing of personal P P Same as above. apparel and equipment Small aorfiiance reoair X P Same as above. shoos ACCESSORY USES Accessory buildings and. P P Same as above. accessory structures Satellite dishes and P P Same as above. antennae TEMPORARY USES Chris,as tree sales P. P Ch. 17.60 PTMC, "Temporary Uses." Contractor offices and P P Same as above. model homes Outdoor art and craft P P Same as above. shows Retail or service P P Same 'as above. activities conducted out of temporary structures and/or trailers Rummage or other P P same as above. outdoor sales Sidewalk and parking lot P P Same as above. sales Yard or garage sales P \ P Same as above. OTHER USES 133~Eli~g.a~ X ~_ Same as above. Child day care centers, P P Ch. 17.52 PTMC, "Day Care Facilities"; and § 17.18.030 child day care facilities, PTMC, "Mixed use bulk, dimensional and density and preschools requirements." Community clubhouses P P § 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Churches X X COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 23 ADOPTION ORDINANCE NO. 2670 Home occupations P P § 17.58 PTMC, "Home Occupations." Public facilities C C Section 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Sheltered transit stops P P Sheltered transit stops may be required as a condition of development approval for projects which exceed the SEPA categorical exemption thresholds of WAC 197-11-305. Schools C C Chapter 1820 PTMC, "Binding Site Plans"; and Section 17.18.030 PTMC, "Mixed use bulk, dimensional and density requirements." Radio, television and C C Such facilities are allowed in all zoning districts s. ubject to other Section 17.18.030 PTMC, "Mixed use bulk, dimensional and telecommunications density requirements," and the conditional use permit towers requirements of Chapter 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District, except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 PTMC. Satellite dishes and P P Satellite dishes and antennae shall meet the requirements of antennae § 17.18.030 PTMC, "Mixed use, bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 PTMC. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SUBSECTION 3.5.: Section 17.18.030, Bulk, dimensional and density requirements, Chapter 17.18, Mixed Use Zoning Districts, of the Port Townsend Municipal Code is hereby amended to read as follows: 17.18.030 Bulk, dimensional and density requirements. A. The standards contained in Table 17.18.030 apply to all mixed use zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title. B. Application of Building Frontage and Clear Ceiling Height Requirements. All structures located within the C-I(MU) ~ zoning districts shall comply with the building frontage requirements of Table 17.18.030. However, in order to allow a horizontal as well as a vertical mixture of commercial and residential uses, only those structures or portions of structures constructed to satisfy the minimum commercial building frontage requirements of Table 17.18.030 shall comply with the minimum clear ceiling height requirements set forth in the table. C. Open Space Requirement. Projects located within one-quarter mile, street distande, from any P/OS(A) or P/OS(B) zoning district shall be exempt from the minimum open space requirements established in Table 17.18.030. Additionally, the open space requirements in Table 17.18.030 may take the form of urban open space, as defined in Chapter 17.08 PTMC. D. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a roof of a building may extend beyond the building line a maximum distance of two feet into the applicable minimum yard area. COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 24 ADOPTION ORDINANCE NO. 2670 1 2 3 4 $ 6 7 8 9 10 11 12 E. Construction and Permits. From and after the effective date of the ordinance codified in this section, no building permit shall be issued and no building shall be constructed on any tract, lot or site in the city unless the building is situated on such tract, lot or site in conformance with the requirements of this title and any other applicable provision of law. SUBSECTION 3.6: Table 17.18.030, Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements, Chapter 17.18, Mixed Use Zoning Districts, of the Port Townsend Municipal Code is hereby amended to read as follows: Table 17.18.030 Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements DISTRICT MINIMUM LOT SIZE C-I/MU 5,000 sf 5,000 sf MINIMUM FRONT YARD None None SETBACKS None None MAXIMUM FRONT YARD. SETBACKS MINIMUM REAR YARD SETBACKS MINIMUM SIDE YARD SETBACKS MINIMUM NUMBER OF STORIES (in any principal building) None except: 20' if abutting an R-I, R-II zoning district; 5' if abutting an R-III or R-IV zoning district. None except: 10' if abutting an R-I or R-H zoning district; 5' if abutting an R-IH or R-IV zoning district. 35' MAXIMUM BUILDING HEIGHT MINIMUM GROUND FLOOR 10' 10' CLEAR CEILING HEIGHT MINIMUM BUILDING FRONTAGE ALONG ABUTTING PUBLIC R-O-Ws MINIMUM GROUND FLOOR NONRESIDENTIAL BUILDING FRONTAGE ALONG ABUTI~G PUBLIC R-O-Ws (Except as provided in § 17.18.020(C) PTMC) 40' or 70% of front lot width, whichever is greater 70% of overall building frontage None except: 20' if abutting an R-I, R-II, zoning district; 5' if abutting an R-III, or R-IV zoning district None except: 10' if abutting an R-I or R-II zoning district; 5' if abutting an R-III, or R-IV zoning district 45' except: ~ 2 stories, up to 35' within 100' of an abutting R-I or R-II district, or b) 35' ffthe development has no residential use comoonent None COMPREHENSIVE PLAN AMENDMENTS - DECEMBER 7, 1998 25 ADOPTION ORDINANCE NO. 2670 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 MAXIMUM FLOOR AREA RATIO MAXIMUM AMOUNT OF ANY INDIVIDUAL COMMERCIAL USE MAXIMUM AMOUNT OF COMMERCIAL FLOOR SPACE (in any one structure) MAXIMUM HOUSING DENSITY (units per 40,000 square foot area) MINIMUM AVERAGE HOUSING DENSITY (units per 40,000 square foot area) MINIMUM OPEN SPACE 2 sfofgross floor area per 1 sfoflot 5,000 sf 30,000 sf 16 (2,500 sfoflot area per unit) 9 (not more than 4,444 sfoflot area per unit) 10% of total gross floor area 2 cf cf greet ricer ~ca per ! All-commercial developments (i,c, no residential component): 0.25 sfof ~oss floor area ocr 1 sf of lot area Mixed-commercial/residential develonments: A base floor area ratio of 0.25 sf of gross floor area per 1 sf of lot area. rfl~us a bonus of 1 sf of ~ross floor area of non-residential {or each 1 sfofresidential use. up to a maximum floor area ratio of 3 sfof ~oss floor area per 1 sf of lot area for the oroiect as a Whole None 60,000 sf 24 (1,666 sf of lot area per unit) (net mcr: ~an 2,252 :f cf !ct area ...... :+~ None 10% of total gross floor area SECTION 4: ADOPTION OF AMENDMENTS TO TI-[E OFFICIAL ZONING MAP ADOPTED PURSUANT TO TITLE 17, ZONING. SECTION 17.12.030, OF THE PORT TOWNSEND MUNICIPAL CODE. Pursuant to the City's authority under Chapters 35A.63 and 36.70A RCW, and concurrent with the adoption of this ordinance, the City Council'hereby adopts an amended Official Zoning Map for the City of Port Townsend, whichis marked as EXHIBIT B, attached hereto and by this reference made a part hereof. The provisions of Title 17, Zoning, of the Port Townsend Municipal Code shall govern the administration, applicability, and interpretation of the Official Zoning Map, as amended. SECTION 5: TRANSMITTAL TO DCTED. The City Clerk shall transmit a copy of this Ordinance to the State Department of Community, Trade and Economic Development (DCTED) within ten (10) days of adoption of this ordinance. COMPREHENSIVE PLAN AMENDMENTS DECEMBER 7, 1998 26 ADOPTION ORDINANCE NO. 2670 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 SECTION 6: PREPARATION OF REVISED COMPREHENSIVE PLAN 2 COPIES. Copies of a Revised Port Townsend Comprehcr~siv¢ Plan, incorporating the 3 changes to the plan narrative, tables, policies, and Land Use Map set forth in this 4 ordinance shall be prepared by Port Townsend Building and Community Development Department staff and available for public inspection within thirty (30) days of the adoption of this ordinance. SECTION 7: CODIFICATION OF AMENDMENTS TO TITLE 17, ZONING. OF THE PORT TOWNSEND MUNICIPAL CODE. Copies of a revised Title 17, Zoning, of the Port Townsend Municipal Code, codifying the amendments set forth in this ordinance, shall be prepared under the supervision of the City Clerk and available for public inspection within one-hundred and twenty (120) days of the adoption of this ordinance. SECTION 8: EFFECTIVE DATE. This ordinance shall take effect and be in force 5 days following its publication in the manner provided by law. SECTION 9: SEVERABILITY. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate nay other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; PROVIDED, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Read for the first, second and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 7th day of December, 1998. McCulloch, Mayor Approved as to form: ~ ~ · ~ L. l~lc~ahan, City Attomey COMPREHENSIVE PLAN 27 ADOPTION ORDINANCE AMENDMENTS - DECEMBER 7, 1998 NO. 2670 1 2 3 4 5 6 7 8 9 10 11 12 First reading: December 7, 1998 Second reading: December 7, 1998 - Third reading: December 7, 1998 Transmitted to DCTED: December 17, 1998 Passage: December 7, I998 .?ublication: December 9, 1998 Effective: December 14, 1998 Ordinance No.: 2670 COMPREHENSIVE PLAN AMENDMENTS o DECEMBER 7, 1998 28 ADOPTION ORDINANCE NO. 2670