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HomeMy WebLinkAbout2912 Formula Retail Establishments Ordinance No. 2912 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 17, ZONING OF THE PORT TOWNSEND MUNICIPAL CODE ADDING CHAPTER 17.50, DEFINING AND REGULATING FORMULA RETAIL ESTABLISHMENTS WHEREAS, Port Townsend is a Victorian Seaport that harbors a National Historic District and a wealth of superb Victorian era homes recognized on the National Historic Register; and WHEREAS, Port Townsend is a community with a very special environment, both natural and man-made and the qualities of both must be respected so that the uniqueness of Port Townsend can flourish without inappropriat~ changes; and WHEREAS, Port Townsend is a vit~l and active City that retains a small town atmosphere and a strong sense of community; and WHEREAS, Port Townsend is both a tourist destination and a residential town, and the creation of a desirable living, working, and business environment that is responsive to residents will automatically provide a destination of interest to visitors; and WHEREAS, regulating commercial development and formula retail serves to preserve the "small town character" of Port Townsend. A primary objective of the [Comprehensive] Plan is to maintain and enhance Port Townsend's' special character and small town atmosphere; and WHEREAS, Goal 4 of the Diversified Manufacturing & Small Business component of the Economic Development Element of the Comprehensive Plan, page VIII-5, calls for the City to "encourage the formation of small businesses and relocation to Port Townsend of small scale, locally managed businesses as a vital part of Port Townsend's economy;" and WHEREAS, the addition of formula retail businesses in the commercial areas, if not monitored and regulated, could serve to frustrate the Comprehensive Development Plan goal of a diverse retail base with a unique retailing personality comprised of a mix of businesses ranging from small to medium to large and from locl:tl to regional to national; and WHEREAS, visitors come to Port Townsend to enjoy, among other things, a diverse group of small businesses, and the addition of formula retail businesses in the commercial areas, if not monitored and regulated, would diminish the attractiveness of Port Townsend as a tourist destination and adversely impact the local economy, and the vibrant historic commercial area in the City. There is a special sense of place in Port Townsend that there is a risk of losing if Port Townsend looks like "anytown, anywhere" with a plethora of formula retail businesses; and Page 1 Ordinance 2912 WHEREAS, the Historic Commerci~l District is a special and unique asset within the City, which could be adversely impacted by the presence of formula establishments that are out of harmony with the Historic District and which do not contribute to the City's small town atmosphere; and WHEREAS, the City has a legitimate interest in seeking to maintain the ambience of its commercial districts to ensure the long-term economic viability of the community. This ordinance advances this goal by requiring formula retail businesses to limit their size and location, thereby making it less likely that their location and presence would not be inconsistent with the City's land use goals than would one-of-a-kind businesses. As recognized by the California Court of Appeals in Coronadans Organized for Retail Enhancement v. City of Coronado (2003 Cal, App. Unpubl.), " 'formula' businesses - by their nature - have a greater potential to conflict with the village atmosphere of the community." Likewise, formula businesses have by their nature a greater potential to conflict with the City of Port Townsend's small-scale character and atmosphere; and WHEREAS, Sims Way faces signifilcant traffic impacts currently and from future development (as documented by the W & HPacific Report dated June 3, 2005) and location of formula retail businesses which are typically high volume traffic generators will, if not regulated, contribute significantly and negatively to traffic impacts on Sims Way; and WHEREAS, this ordinance is not premised on maintaining local ownership of businesses, or protecting existing businesses, or stopping formula retail businesses from doing business in Port Townsend. This purpose of this ordinance is to maintain Port Townsend's unique, special character, the diversity and vitality of the City's commercial districts and the quality of life of Port Townsend residents; and WHEREAS, the City Council finds, as support for carefully regulating formula retail, that other nearby small cities or towns that have significant tourist economies do not have a significant component of formula retail establishments or are not known as destinations for formula retail business (for example, Bainbridge Island, La Conner, Friday Harbor, Winthrop). Other small cities that are associated with significant formula retail activity are not as likely to have significant tourist economies, for example, Sequim; and WHEREAS, the City Council finds as support that other cities have sought to regulate formula retail businesses to protect and preserve special characteristic of their city or town, including, Bainbridge Is, W A, Arcata, CA, Bristol, RI, Calistoga, CA, Carmel-by-the-Sea, CA, Coronado, CA, Pacific Grove, CA and Port Jefferson, NY; and WHEREAS, Fort Worden State Park is a unique publicly owned park and conference facility subject to the City's P/OS (Existing Park and Open Space) zoning, management by Washington State Parks, and designation as a National Landmark Historic District U.S. Secretary of the Interior. Fort Worden State Park is exempt from the provisions of this ordinance due to the extraordinary provisions in place that protect the park's integrity and historic character; and Page 2 Ordinance 2912 WHEREAS, certain businesses that provide needed services or goods to the citizens of Port Townsend such as auto sales, auto tire sales, banks, gas stations, grocery stores, health care establishments, professional services, and service establishments may have fourteen or more establishments elsewhere. When developed consistent with city zoning and design guideline regulations these businesses have a positive impact on the community. As such, they are exempt from the provisions of this ordinance; and WHEREAS, in light of the foregoing considerations, the City Council has determined that the public welfare of the City's residential, retail, business and tourist based community, as articulated by the principles upon which the Comprehensive Development Plan is premised, will be best served and advanced by adopting regulations_monitoring, regulating and restricting the establishment of formula retail stores to the C-II commercial zone; NOW, THEREFORE, the City COUiIlcil of the City of Port Townsend ordains as follows: SECTION 1. Title 17, Zoning, of the Port Townsend Municipal Code is hereby amended to add a new Chapter 17.50, Formula Retail and Restaurant Establishments, and shall read as follows: 17.50.010 Purpose and Intent. The general purposes ofthe Formula Retail development standards are to regulate the location and operation of formula retail and restaurant establishments in order to maintain the City's unique Victorian Seaport and surrounding rural character, the diversity and vitality of the community's commercial districts, and the quality oflife of Port Townsend residents. 17.50.020 Applicability. A. These regulations apply in addition to the regulations set forth elsewhere in Title 17. Where there is a conflict in regulations in this Chapter and other Chapters of Title 17, the provisions of this Chapter shall apply. B. This Chapter shall apply to formula retail and restaurant establishments in the following zoning districts: C-I/MU Neighborhood Serving Mixed Use Center, C-IUMU Community Serving Mixed Use Center, C-I Neighborhood Commercial, C-II General Commercial, C-II(H) Hospital Commercial, C-III Historic Commercial, M-C Mixed Light Manufacturing and Commercial, M-II(B) (Point Hudson) Marine Related Uses. 17.50.030 Formula Retail- Defined - Includes Formula Restaurants - List of Exempt Businesses. A. "Formula Retail" means a type of retail sales or rental activity and retail sales or rental establishment, including restaurants, hotels and motels, which, along with fourteen or more other establishments, maintains two or more of the following features: 1. Standardized array of merchandise or standardized menu. Page 3 Ordinance 2912 2. Standardized fa<;:ade. 3. Standardized decor and color sch~me. 4. Uniform apparel. 5. Standardized signage. 6. Trademark or service mark. B. For the purposes of this section the following definitions apply: I. "Standardized array of merchandise" shall be defined as 50% or more of in-stock merchandise from a single distributor bearing uniform markings. 2. "Trademark" shall be defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others. 3. "Servicemark" shall be defined as word, phrase, symbol or design, or a combination or words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others. 4. "Decor" shall be defined as the style of interior finishings, which may include but is not limited to, style of furniture, wallcoverings or permanent fixtures. 5. "Color scheme" shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the fa<;:ade. 6. "Fa<;:ade" shall be defined as the face or front of a building, including awnings, looking onto a street or an open space. 7. "Uniform apparel" shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing. 8. For definition of "signage," see definition of "sign," Section 17.08.060. 9. "Standardized" does not mean identical, but means "substantially the same." C. Exemptions. The following businesses are not subject to the provisions of this chapter: 1. Auto sales. 2. Auto tire sales and service. 3. Banks. 4. Gas (fueling) stations and convenience stores selling gasoline or other fuels. 5. Grocery stores. 6. Health care. 7. Services, including professional services (for example, real estate offices, insurance offices, copy centers, and mail centers). 17.50.040 Formula Retail and Formula R~staurant Regulations. Page 4 Ordinance 2912 A. The following regulations shall apply to ~ll formula retail and formula restaurant establishments: 1. A formula retail or formula restaurant establishment shall not have a street level frontage of greater than 50 linear feet on any street or have its retail space occupy more than two stories. For the purposes of this section, "street level frontage" shall include frontage on private parking lots and access ways where the commercial building does not abut a public street. 2. A formula retail or restaurant establishment may not exceed 3,000 square feet of net total floor area. 3. No drive-through facilities are allowed. 4. Establishment or Relocation. A formula retail or restaurant establishment may only be located or relocated subject to all of the following requirements: a. On a site that is not located on a street corner except such formula retail or restaurant establishment may be located on a street corner where the immediate prior use was a formula retail or restaurant establishment. i. For purposes of this section, "on a street corner" means the business establishment or occupiable building space that is the closest business establishment or occupiable building space within a block, tract, or parcel to the intersection of two streets (whether the business establishment or occupiable building space is immediately adjacent to the street corner or not, or fronts on the street corner or not, or whether the streets are developed in connection with the business establishment). A business establishment is not on a street corner if there is another business establishment or occupiable building space that is closer to the corner. Street corner includes frontage on private parking lots and access ways where the commercial building does not abut a public street. b. Where it would result in no more than one formula retail or restaurant establishment of any type operating within a single building, whether or not the building is located on more than one lot (i.e., two or more formula retail establishments requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business in the same building, is prohibited). 5. Any formula retail or restaurant establishment must be in a building that is shared with at least one other business that is not a formula retail establishment of any type. 6. The number of formula retail establishments per lot shall be limited to one. B. Existing formula retail or formula restaurants that are nonconforming as to use are subject to PTMC Chapter 17.88 Nonconforming Uses. Page 5 Ordinance 2912 17.50.050 Variance. In the event an applicant for any business license, a building permit application, a conditional use permit, an application for occupancy or a design review concerning a formula retail establishment believes that, due to extraordinary circumstances and unique attributes of the site, it is impracticable or impossible to comply with the provisions ofthis Chapter, the applicant may apply for a variance. The variance application shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. SECTION 2. Port Townsend Municipal Code Chapter 17.18.020 Mixed Use Zoning Districts- - Permitted, Conditional, and Prohibited UStlS is amended as follows (underline new, strikeout deleted): Table 17.18.020 Mixed Use Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Sub'ect to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT C-I(MU) C-II(MU) APPLICABLE REGULA TIONS/NOTES Formula Retail Establishments X X See Chapter 17.50 for applicable (including formula restaurants) regulations and definitions. SECTION 3. Port Townsend Municipal Code Chapter 17.20.020 Commercial Zoning Districts - Permitted, Conditional, and Prohibited Uses is amended as follows (underline new, strikeout deleted): Table 17.20.020 Commercial Zoning Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outright; C = Sub.iect to a conditional use permit; X = Prohibited; N/A = Not applicable DISTRICT C-I C-II C- II(H) C-III APPLICABLE REGULATIONS/NOTES Formula Retail Establishments X P Except X X See Chapter 17.50 for (including formula X within applicable regulations and restaurants ) Historic definitions. Formula Retail Overlay Establishments are prohibited District. within the Port Townsend Historic Overlav District. Page 6 Ordinance 2912 SECTION 4. Port Townsend Municipal Cope Chapter 17.22.020 Marine-Related and Manufacturing Districts - Permitted, Conditional, and Prohibited Uses is proposed to be amended as follows (underline new, strikeout deleted): Table 17.22.020 Marine-Related and Manufacturing Districts - Permitted, Conditional and Prohibited Uses Key to table: P = Permitted outrh!:ht; C = Sub'ect to a conditional use permit; X = Prohibited; N/A = Not aDnlicable DISTRICT M-C M-I M-II(A) M-II(B) M.III APPLICABLE REGULA TIONS/NOTES Formula Retail X N/A N/A X N/A See Chapter 19.50 for Establishments applicable regulations and (including definitions. formula restaurants ) SECTION 5. Severability. If any sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. SECTION 6. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one ofthe City Council. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. Adopted by the City Council ofthe City of Port Townsend, Washington, at a regular meeting thereof, held this seventeenth day of October, 2005. (~ _'h 2L'~ Catharine Robinson, Mayor j Approved as to Form: ~Ctr~ Attest: John P. Watts, City Attorney Page 7 Ordinance 2912