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HomeMy WebLinkAbout2599 Amending Zoning CodeOrdinance No. ~ £ ~'~' AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 17 ZONING CODE SECTION 17.20, COMMERCIAL ZONING DISTRICTS, TABLE 17.20.020 OF THE PORT TOWNSEND MUNICIPAL CODE, REVISING THE TABLE, DELETING "OFFICES, GOVERNMENT" FROM "OFFICE USES", TO CLARIFY THAT GOVERNMENT OFFICES ARE PERMITTED "PUBLIC FACILITY" USES IN CERTAIN COMMERCIAL ZONES, AND ADDING TO "SERVICE USES, MISCELLANEOUS," "COLLEGES AND UNIVERSITIES" AS "C~ (CONDITIONAL USE) IN C-I, C-H, AND C-IH ZONING DISTRICTS, TO CORRECT AN INADVERTENT OMISSION OF HIGHER EDUCATIONAL INSTITUTIONS WITHIN CERTAIN COMMERCIAL ZONES SECTION 1. FINDINGS A. GENERAL 1. On July 15, 1996, by Ordinance No. 2539, the City of Port Townsend adopted the Port Townsend Comprehensive Plan. The Comprehensive Plan was adopted to guide and direct City policy and legislative decisions pertaining to land use planning and development within the City of Port Townsend. Additionally, while the Growth Management Act (Chapter 36.70A. RCW) does not require the inclusion of an economic development component of the Comprehensive Plan, the City of Port Townsend's Comprehensive Plan includes an Economic Development Element to provide an overall direction to the Comprehensive Plan to promote economic opportunities for all citizens of Port Townsend, and to encourage growth to occur pursuant to the vision set forth in the Comprehensive Plan. 2. The Economic Development Element, page VIII-1, states the following: "... good growth management planning should factor economic considerations. Future land uses should be closely tied to a city's economic strategy. Accordingly, this Comprehensive Plan must be closely linked and integrated with an economic strategy to guide, promote, and attract economic development appropriate for Port Townsend .... " 3. The Comprehensive Plan was fundamentally based upon a Community Direction Statement, included as Chapter III of the Comprehensive Plan. The Community Direction Statement was the result of over 1,400 hours of citizen participation and discussion between March and May, 1993, and included more than 600 citizen responses to a questionnaire that sought information about the concerns and values of Port Townsend residents. As Ordinance No. 2539 states, "Throughout the planning process, the City Council, Planning Commission, citizen workgroups, and staff referred to the Community Direction Statement to ensure that the basic values it embodies are reflected in the new Comprehensive Plan." (Finding No. 14.) 4. On April 7, 1997, the Port Townsend City Council adopted Ordinance No. 2571. Ordinance 2571 adopted a new Title 17 PTMC, replacing the pre-Comprehensive Plan Zoning Code with a new Zoning Code which was intended to wholly implement and effectuate the Comprehensive Plan. Additionally, pursuant to Ordinance 2571, the City adopted an Official Zoning Map, which mirrored the Comprehensive Plan's Land Use Map and wholly implemented the direction of the Comprehensive Plan. 5. An overarching intent of both the Comprehensive Plan and Ordinance 2571 was the stabilization, protection, and continuation of uses that had developed over time and had been permitted within the city's commercial districts. Chapter 17.12 PTMC, adopted pursuant to Ordinance 2571, provides that it is the intent of Title 17 PTMC to "stabilize and protect the uses contained within these districts by excluding mutually interfering uses and to allow a maximum degree of latitude within the regulations to promote residential harmony, conduct profitable business, or contribute to the economy of the community." (FrMC 17.12.010.) 6. Within the C-III Historic Commercial District, the overarching intent of the Comprehensive Plan and Zoning Code is "to accommodate the mix of uses that have occurred over time in the city's Downtown and Uptown historic districts. The designation makes provision for general retail uses on the ground floor of structures, and promotes a mix of uses on the upper floors of historic buildings, including: residences, artist and craft studios, and professional offices." (Comprehensive Plan, page IV-10.) 7. In order to implement the direction of the Comprehensive Plan, it was the intent of City staff in drafting Title 17 PTMC, as well as the intent of the Planning Commission and the Port Townsend City Council, to advance the Economic Development Element's strategy of promoting and stabilizing opportunities for economic development in Port Townsend; to allow the continuation of permitted uses within all commercial districts of the city; to avoid (to the extent possible) the creation of non-conforming uses which will be required to expire over time; and to promote and cream a stable business and land use climate in order to encourage the growth and development of Port Townsend, pursuant to the City's Community Direction Statement. B. GOVERNMENT OFFICES 1. In drafting, reviewing, and adopting the Port Townsend Zoning Code (Title 17 PTMC), the City inadvertently created an obvious conflict and ambiguity by inconsistently listing "Offices, government" in "OFFICE USES" and "PUBLIC FACILITY USES" subsections of the use table, Table 17.20.020 PTMC. 2 Ord.o,O 3-~' ~ 2. In the "OFFICE USES" subsection, "Offices, government" is listed as "Conditional uses" allowed within C-II, C-II(H), and C-III districts. In the "PUBLIC FACILITY USES" table, "Offices, government" is listed as "Permitted uses" allowed within C-II, C-II(H), and C-III districts. 3. It has long been the direction of the Port Townsend City Council to retain all governmental offices as permitted uses within the Downtown Historic District (c-m). Further, government offices are currently permitted in C-II (General Commercial) districts. Within the C-II(H) (Hospital Commercial) district, the City Council's intention was to allow such uses as well, as permitted uses. Government offices currently exist as permitted uses in all such zones. Pursuant to the overarching intention of the Comprehensive Plan and Zoning Code, it has been the City Council's intention to continue to recognize such uses as permitted uses. At no time during the adoption of the Title 17 PTMC did the Council deliberately choose to depart from the Comprehensive Plan's direction to continue allowing these uses in the city's commercial districts as permitted uses. 4. The City Council, through this ordinance, intends to correct the obvious ambiguity and inadvertent error in the Zoning Code, by striking the category of "Offices, government" from the "OFFICE USES" section of the table, allowing the "Offices, government" use to continue as a permitted use, as set forth in the "PUBLIC FACILITY USES" subsection of Table 17.20.020. C. COLLEGES AND UNIVERSITIES 1. Table 17.20.020 PTMC, adopted pursuant to Ordinance 2571, allows "Schools, Commercial" as permitted uses within the C-II (General Commercial) and C-III (Historic Commercial) districts of the city. However, private and public colleges and universities were omitted from the use table, which would lead to a construction of the table that such uses are not permitted uses within any of these zoning districts. 2. The Port Townsend Comprehensive Plan abounds with references to the need to promote, encourage, stabilize, and facilitate opportunities for college-level training and education within Port Townsend. The Community Direction Statement states the following: "In the future, the Direction Statement will be referred to when the Plan is interpreted or amended to ensure that the basic values it embodies are not lost." The Community Direction Statement provides that Port Townsend will be a "regional center of culture and learning," providing its citizens with "quality elementary and secondary education, as well as career training and college education needed for success and personal enrichment." (Page III-l, Comprehensive Plan.) 3 Ord. ~X-~'~' 3. The Economic Development Element of the Comprehensive Plan sets forth as a fundamental goal, the "training and education" opportunities within the Port Townsend community. Goal No. 2 states the following: "To recognize the value of education as an important economic development tool and to train the workforce to develop skills for new technologies and family-wage jobs." (Page vm-3.) polices: The Comprehensive Plan's Economic Development Element states the following Policy 2.1: Seek to expand programs of Peninsula College, Magnet Career Center, Western Washington University Long Distance I.earning, Washington State University Cooperative Extension, and attract or found new institutions sufficient to provide local access to comprehensive vocational training and certification programs. Policy 2.3: Actively work to establish a four-year college or other educational institution in Port Townsend: 2.3.1 Ensure that decisions regarding capital facilities improvements (e.g., transportation network improvements) factor consideration of potential college campus sites. 2.3.2 Consider providing tax incentives to attract a private four-year college. 2.3.3 Communicate and coordinate with the Port Townsend School District and other relevant public entities when identifying potential campus sites for acquisition. (Comprehensive Plan, pages VIII-3 through VIII-4.) 5. The Economic Development Element establishes a strategy for the economic development of Port Townsend. This strategy sets forth as a key, priority goal, that the City will participate in helping to "improve the job skills available in the workforce,' with Umajor areas of emphasis within the strategy" to include "training~education.' (VIII-9.) The first and overarching component of the City's economic development strategy includes a "training/ education" component, defining as a "unifying principle" of the City's economic development strategy, the need to improve the skills available in the city's labor force. The economic development strategy requires the City to work with Peninsula Community College Uto develop a local engineering/manufacturing capability." The strategy requires that the City "promote vocational training and educational opportunities which strengthen and increase the skills available in the workforce," and work with Main Street, the Chamber of Commerce, the Economic Development Council, and "other local entities to ensure that informational and recruitment publications emphasize Port Townsend as the 'City that supports culture and education on the Olympic Peninsula.'" (Pages VIII-10, 11.) 4 Ord. Qj'q'q 6. Peninsula College was established within the C-III Historic Commercial District on July 7, 1988, pursuant to a Conditional Use permit. The previous zoning code, Table 17.16.010, allowed "colleges, business colleges, trade schools, music conservatories, dancing schools and similar organizations, all without students in residence, offering training in specific fields," as conditional uses within the C-I, C-II, and C-III commercial districts. In granting the Conditional Use permit to Peninsula College, the City made a policy and legal decision that this use was permitted in these districts, as a conditional use. 7. Both the Comprehensive Plan and the City's new Zoning Code (Title 17 PTMC) require that the City "encourage the retention of existing businesses in the Commercial Historic District" (Economic Development Element, page VIII-6), and that the City take all reasonable measures to stabilize and promote existing uses established over time in all commercial districts. Peninsula College is such a use. Further, advanced educational institutions are key land uses, important to the implementation of policies within the Comprehensive Plan. 8. In drafting, reviewing, and adopting the new Port Townsend Zoning Code, Section 17.20.020 PTMC, the City inadvertently omitted public and private colleges and universities from the commercial use table. However, "Schools, commercial" were included as permitted uses within the C-II and C-III districts. The City Council finds that there is no logical or rational reason to allow commercial schools in these districts while prohibiting public and private colleges and universities. The Council further finds that a failure to include public and private colleges and universities in the Commercial District section of the use table was an inadvertent drafting error. The Council had no intention of rendering this permitted use a nonconforming use. Further, the Council had no intention of precluding opportunities in the future for public or private educational institutions to locate within the City's commercial districts, pursuant to the Conditional lJse permit process. At no time during the adoption of Title 17 PTMC did the Council deliberately choose to depart from the Comprehensive Plan's direction to continue allowing these uses in the city's commercial districts. 9. The City Council finds that the inadvertent prohibition of public and private colleges and universities within the city's commercial districts is hostile to the Economic Development Element of the Comprehensive Plan and is inconsistent with the community's direction, evolving from PT-2020 process, and as defined within the Community Direction Statement. The City Council hereby corrects this inadvertent omission by adding "Colleges and universities (public or private) without students in residence" as a conditional use, allowed within the C-I, C-II, and C-III districts, in accordance with the previous Zoning Code, as construed through the permitting of Peninsula College in 1988. NOW, TI-IEREFORE, the City Council of the City of Port Townsend ordains as follows: 5 O d. 25'?g SECTION 2. CODE AMENDMENT Chapter 17.20, Commercial Zoning Districts, Table 17.20.020, of the Port Townsend Municipal Code is hereby amended to read as follows: Table 17.20.020 Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Subject to a conditional use permit; H = Sub to conditional use ; X -- Prohibited FOOD SERVICE USES Bakeries, retail Confectionaries Drinking establishments (bars, cocktail lounges, night clubs, and taverns) Micro breweries Other food service establishments including coffee houses, delicatessens, ice cream parlors, juice bars etc. Restaurants with drive-in or chive-through service Restaurants without drive-in or drive- through MANUFACTURING USES Apparel and other related products manufacture and assembly Electrical and electronic goods manufacture and assembly Fuel storage facilities Furniture and fixtures manufacture and assembly ' X C X X X X P X X X X X X Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." The m_anufaeturing component within any micro brewery located within a mixed use zoning district must be subordinate and accessory to a primary retail use. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." A manufacturing component may be permitted within an~ such use, provided that it is subordinate and accessory to a primary retail use (e.g., coffee roasting, meat curing, etc.). Within the C-II(Iq) zoning district, food service uses must be subordinate and accessory to a medical services establishment. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20,030 PTMC, "Commercial bulk, dimensional and density requirements"; Section 17.84.060 PTMC, "Additional approval criteria- Conditional uses in historic commercial structures." H X X' X H X Salne as above. Same as above. Same as above. 6 Ord.o,95'~'~' DISTRICT Computer equipment manufacture and assembly Custom, art and craft work Medical and optic goods manufacture and assembly Printing, noncommercial Mini-storages and mini-warehouses Welding and fabrication Wholesaling OFFICE USES Banks Business services Financial institutions X P X P X P P P P P C P Offices, business and professional Offices, medical Veterinary hospitals RECREATIONAL AND CULTURAL USES Amusement activities Amusement parks or centers Arcade, game/video Art galleries Bowling alleys X C X C X P P P X P 'X P X C X C X P X P X P Health clubs, dance studios, martial arts studios Libraries Museums Recreation, commercial Stadiums, arenas and assembly halls Theaters, not including drive-ins RESIDENTIAL USES Apartment houses Boarding houses (4 or fewer roomers) and lodging and rooming houses (5 or more room~P3) Multi-family dwellings X X X X X X C-II(H) X X C X X X X X X X P P X X X X X X X X X X X X X X X APPLICABLE REGULATIONS/NOTES Same as above. Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. San,; as abo-,'~. Same as above. Same as above. X X X X X X P X X X P X C X P X X X C X P X Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Section 17.20.030 PTMC, "Commercial bulk, density and dimensional requirements"; and Chapter 17.36 FI'MC, "Multifamily Development Standards." Same as above. Same as above. P X P X P X 7 Ord. DISTRICT C-I C-II C-II(H) C-HI C-IV APPLICABLE REGULATIONS/NOTES Owner/operator residences P P P P X Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements"; such uses shal only be allowed if clearly subordinate and accessory to a primaW commercial use. Residential Treatment Facility X X P X X Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." COMMERCIAL RETAIL USES Antique and gift sales X P C P X Same as above. Apparel and accessory stores X P X P X Same as above. Automobile sales and service X P X C X Same as above. establishments, new or used I Boat sales and rentals C P X C X Same as above. Building materials, garden and farm X P X C X Same as above. supplies stores Convenience stores C P X C X Same as above. Plant nurseries, landscaping materials, X P X X X Same as above. greenhouses (commercial) Farmer's markets X P X P X Same as above. Fica markets X P X P X Same as above. Food stores and grocery stores P P X P X Same as above. Furrdture, home furnishings, and appliance X P X P X Same as above. stores General merchandise stores P P X P X Same as above. Mobile, manufactured and modular housing X P X X X Same as above. sales Motor vehicle sales X P X C X Same as above. Motor vehicle supply stores X P X X X Same as above. Office supplies and equipment X P X P X Same as above. Pharmacies and medical supply stores P P P P X Same as above. Regional retail establishments X X X X P All uses permitted in the C-H district are permitted so long as the structure and use meet the definition for "regional retail." Specialty stores P P C P X § 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements" SERVICE USES, HEALTH Hospitals X X P X X § 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Preferred uses in this district are medical related. Massage clinic or center X P P P X Same as above. Nursing, rest or convalescent homes X X P X X Same as above. Offices, medieal X P P P X Same as above. 8 Ord.o~9 DISTRICT SERVICE USES, LODGING Apartment hotels Bed and breakfast inns Hotels/Motels Lodging Houses Tourist Homes PERSONAL SERVICE USES Child day care centers, child day care facilities, and preschools Funeral parlors and mortuaries Laundromats Laundry s~nd~s Other personal services SERVICE USES, MISCELLANEOUS Automobile rental agencies Automobile towing services Automotive repair establishment, minor repa/r Car washes Catering establishments Colleges and universities (public or private) without students in residence Equipment rental services, commercial Mini-storages aad mini-warehouses Printing, commercial Radio and television studios (including recording studios) Schools, commercial Service stations, automotive and marine Servicing of personal apparel and equipment Small appliance repair shops Truck, trailer and recreational vehicle rental PUBLIC FACILITY USES Electrical distribution substations Municipal improvements Offices, government Recycling facilities, minor X X X P X X X X X P X P P P X P C P P P X P P C-II(H) X X X X X X X X X X X X X X X X X X X X X X X X P P P APPLICABLE REGULATIONS/NOTES Same as above. Same as above. Same as above. Same as above. Same as above. P X P X P X P X X X X X P X P X P X Chapter 17.52 PTMC, "Day Care Facilities; and Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements." Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Same as above. Sallie as above. Same as above. Same as above. Same as above. Same as above. Same as above. X [ X [Sameasabove. P [ P { Same as above. P [ X [ Same as above. P [ P [ Same as above. 9 Ord. DISTRICT C-I C-II C-II(H) C-III C-IV APPLICABLE REGULATIONS/NOTES Stormwater retention, detention, and P P P P P Same as above. treatment facilities TEMPORARY USES Contractor offices P P P P P Chapter 17.60 PTMC, "Temporary Uses"; and Section 17.20.030 PTMC, "Commercial bulk, dimensional ani density requirements." Christmas tree sales P P P P P Same as above. Camivals/circnses P P P P P Same as above. Outdoor art and croft sales P P P P P Same as above. Parking lot/sidewalk sales P P P P P Same as above. Rummage sales P P P P P Same as above. Swap meets X P X P X Same as above. Retail or service activities conducted out of P P P P P Same as above. temporary structures and/or trailers OTHER USES Accessory buildings and structures P P P P P Same as above. Churches X P X X X Same as above. Conference Centers X P X C X Same as above. Docks and piers for pleasure eratt X P X P X Same as above. Feny landings X P X P X Same as above. Fraternal organizations X P X P X Same as above. Garage, public parking X P C C X Same as above. Radio, television and other C C C C C Such facilities are allowed in all zoning districts telecommunications towers subject to the conditional use permit requirements of Chapter 17.84 PTMC; however, such facilities are prohibited within the limits of the Port Townsend National Register Historic District; and Section 17.20.030 PTMC, "Commercial bulk, dimensional and density requirements," except as provided in applicable Federal Communications Commission roles and regulations; see Ch. 17.78 tq3VIC. Satellite dishes and antennae P P P P P Satellite dishes and antennae shall meet the requirements of § 17.20.030 PTMC, "Commercial bulk, dimension and density requirements," except as provided in applicable Federal Communications Commission rules and regulations; see Ch. 17.78 SECTION 3. ~te. Kexahil~. 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. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided 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 23rd day of June, 1997, continued from June 16, 1997. Attest: / y~, City~l~rk / Julie/McCulloch, Mayor to Form: Attom~y 06/19/97 [Title 17/17.20.020] OrdXT_.oning{1720020.doe} 11 Ord.