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HomeMy WebLinkAbout2920 Zoning, Commercial and Mixed Use Architectural and Site Design Standards and Process Ordinance No. 2920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING CERTAIN SECTIONS OF TITLE 17 OF THE PORT TOWNSEND MUNICIPAL CODE, ZONING, COMMERCIAL AND MIXED USE ARCHITECTURAL AND SITE DESIGN STANDARDS AND PROCESS WHEREAS, on November 13, 2003 the Port Townsend City Council adopted Ordinance No. 2840 establishing architectural and site design standards for property development within the non-historic commercial and mixed use zoning districts and establishing a process for design review of non-historic commercial, mixed use, and multi- family development; and WHEREAS, since their adoption, the design guidelines have been applied to a number of development projects, and needed improvements to both the design standards and the procedures for processing the design review applications have been identified; and WHEREAS, the Port Townsend Planning Commission,was charged by the City Council to review the design guidelines and make proposed recommendations for amendments to the City. The following issues were identified: establish a "departure process" to replace current alternative design process; review public notice procedures; consider a process to allow filing of requests for "reconsideration" to the DSD Director; consider use of on-street parking for Americans with Disabilities Act (ADA) requirements; consider departure process to allow commercial signs to exceed 17- foot height limit; close gap between design review and building permit review by allowing subcommittee of Design Review Advisory Committee to review building permit applications and building permit revisions for consistency with approved design review plans; consider extending process to changes or alterations of street facades of buildings or exterior changes that trigger a permit; consider need to incorporate proposed sidewalk and street improvements into design review process; consider specific design guideline for redevelopment of existing structures to ensure that project meets intent of design guidelines; consider adding a design guidelines to address location of exterior electrical service equipment, minimum separation between large buildings in the C-II zoning district; and consider the number of formula retail businesses allowed on larger unplatted lots; and WHEREAS, the City's non-historic Design Review Committee has reviewed a number of commercial projects under the existing design guidelines and recommended that the guidelines be amended to address a number of specific issues, including the alternative design! departure process, enforcement and follow-up, and departures for maximum sign height; and WHEREAS, the Planning Commission held a public workshop on October 27,2005 and referred the issues to a subcommittee for further review and recommendation. The Subcommittee held one public meeting on November 9, 2005; and I Ordinance 2920 WHEREAS, following public notice, the Planning Commission held an open record public hearing on December I, 2005 to take public testimony for and against the proposed amendments to the Port Townsend Municipal Code; and WHEREAS, the Planning Commission heard testimony from staff, the public, and members of the design review committee that amendments were needed to the design guidelines to address situations involving multiple commercial buildings on large (over I acre) sites that may include unplatted parcels and that such guidelines should be configured to be compatible with the predominant Port Townsend street and block pattern established in the late 1800s; and WHEREAS, the Planning Commission concluded that the separation standards for multiple buildings exceeding a ground floor of 40,000 aggregate square feet should be increased to reflect the width of street rights-of-way (60 foot minimum) with departures allowed for narrower pedestrian rights-of-way; and WHEREAS, the Planning Commission concluded that the proposed "departure" process better serves the public interest and maintains greater consistency with the overall spirit of the design guidelines than the existing "alternative design review" process, while still encouraging the reuse and rehabilitation of existing commercial structures; and WHEREAS, the Planning Commission concluded that amendments were needed to the City's recently adopted formula retail regulations to address large parcels (over 20,000 s.f. in size); and WHEREAS, the Planning Commission concluded that public notice should be posted on site for projects that require review by the design review committee and that the design review process should be modified to allow "reconsiderations" of the design review committee's recommendation to be filed to the Development Services Department Director by interested or aggrieved parties; and WHEREAS, the Planning Commission voted 3-2 in favor of allowing departures for signs to exceed the maximum sign height in the C-II zone (17 feet) through a supermajority vote of the design review committee (instead ofa unanimous vote of the committee); and WHEREAS, after hearing testimony regarding the proposed amendments to the commercial and mixed use design guidelines, and after making a number of edits to the proposed amendments, the Planning Commission voted 5-0 in favor of recommending the proposed amendments be adopted by the Port Townsend City Council; and WHEREAS, following public notice, the City Council held an open record public hearing on December 12 and a continued public hearing on December 19,2005 to take public testimony for and against the proposed Ordinance 2920; and 2 Ordinance 2920 WHEREAS, based upon that public and staff testimony and after due deliberation, the City Council made a number of amendments including requiring that sign height departures require a unanimous recommendation of the design review committee; NOW, THEREFORE, based upon the above-referenced Findings, the City Council of the City of Port Townsend ordains as follows: Section I. The Port Townsend Municipal Code 17.46.080 Alternative Design is amended (underlined added, strikeout deleted) as follows: 17.46.080 Desie:n Standard Departures ;\Iternatp/e design. ^- A "departure" is a request by the applicant to meet or exceed a particular design guideline "obiective" through the use of a technique or standard not otherwise listed under the applicable design guideline. B. Departures from the architectural and site design standards of Chapters 17.34 Cottage Housing Development, 17.36 Multifamily Residential Development, and 17.44 Commercial and Mixed Use may be permitted for cottage housing, multifamily. commercial. and mixed use proiects as part of the design review process. In order for a departure from development standards to be allowed. an applicant must demonstrate that the overall development, including departures from the design standards. would better serve the public interest and a finding shall be made in the affirmative that each proposed departure meets or exceeds the intent ofthe respective design guideline as compared to a strict application of the established standard. It is pessible that an altematiye design may fulfill the illteHt of this chapter while net cemplyiFlg with the previsions herein. f.ltemative designs may be particulad)' apprepriate for soostaatial reHeyations of mdsting businesses. The decisionmaker may ref-er any application using an alternatiye design to the design advisory committee for a recemmcndation and may appro'/e or approve with modificatioFls an application fer an alternati'/e commereial design (iFlcluding architectural or site design modificatiElns) lIpEln a showing to his/ller satisfaction that: Through the design review process established by this chapter. departures may be allowed from the following design guideline standards: I. Building setbacks; 2. Window glazing and building transparency; 3. Off-street parking location; 4. Site grading and tree conservation; 5. Neighborhood scale; 6. Facade modulation and roof articulation; 7. Building exterior materials and colors: 8. Landscape and screening; 9. Pedestrian walkways; 10. Building (including canopy) design; II. Lighting; 12. Location and design of support/mechanical elements; 13. Building height in cottage housing developments, 14. Minimum building/dwelling unit separation in cottage housing developments (attached cottages); 3 Ordinance 2920 15. Open space (including private open space) requirements in cottage housing developments; 16. Exterior building materials standards (including trim and roof eave design in cottage housing developments): 17. Covered main entries in cottage housing developments; 18. Signs in C-I. C-II. and C-WH) zoning districts to exceed 17-foot height limit, subiect to the unanimous recommendation of those advisorv committee members present; 19. Block sizes. building separation. and street layout in commercial and mixed use short plats. subdivisions. and binding site plans; 20. Building height for towers of UP to 100 square feet in plan view. may be allowed to exceed the height limit of the applicable zoning district by UP to 10 feel; 21. Minimum building separation in the C-II General Commercial zoning district when multiple buildings, if attached. would exceed a ground floor area of 40.000 s.f. where the separation is proposed to be less than 60 feet and will be used for pedestrian and emergency vehicle use only. C. Departure Approval Process. To be approved, all departures, with the exception of sign height, must receive a supermaioritv recommendation of approval from the advisorv committee as follows: Advisorv Committee Members Present Number of Votes Necessarv to Annrove Denartnre 5 4 4 3 3 3 >to Note: Siu" heicl1t deoartures must be aooroved bv the unanimous recommendation of those advisory committee members Dresent. I. The decisionmaker (DSD Director or Hearing Examiner) may not approve a departure unless supported by a supermaioritv recommendation of the design reyiew committee as provided above. The decisionmaker may deny a departure ifhe or she concludes that such departure does not meet the criteria specified above. ,^.. I. Due to the physieal eharaeteristies allEl/er eKisting buildings en the site or on abutting properties, or due to lIniEJue ehamctefl3ties of the illtenaea use ofthe Building (such as ellcesoive noise, light, storage needs, unHsllal vehicle turning movements, or emergency access needs) striet adherence to the OBjectives set forth abo'/e '/IoHla be unsafe or ullHeeessary to aeaieye the plll'pElses of this title Elr create aa unreasoaabJe hardship for the applieaat; or 2. The alternative design is censistent .....ith the plll'pElses and intent of taese design standards; and B. :\pproval of the alternatiye design will not eonstitute a graat elf special privilegc ineensistellt with the limitation lIpeln uses of other properties in the vicinity and zoaing district in whieh the subjeet property is located; and C. The alternative plan '""ill nelt be materially detrimeFltal tEl tae poolic welfare or injrniellls to the pmperty er impm'lements in the vicinity and zoning district in ,,\'hich the subject property is loeated; and D. The alternati'/e design is the minimum necessary tel fulfill the purpose and the Reed of the applieant; and E. The alternative design is celRsistellt with the gElals and pEllicies Elf the Port Townsend eomprehensi'/e plan. 4 Ordinance 2920 Section 2. The Port Townsend Municipal Code 17.44.130 Building design, materials, and colors is amended (underlined added, strikeout deleted) as follows: 17.44.130 Building design, materials, and colors. A. Objectiye. New development should recognize the city's historic architectural heritage through the use of building materials and proportions compatible with those design principles inherent in historic architecture, without replicating historical buildings. I. Roof Design. a. Roof design shall reduce the mass and scale of buildings, add visual interest and prevent reflective glare. Flat roofs shall have parapets to conceal the roof and mechanical equipment from ground level views. Sloping roofs shall have three or more roof planes. b. When designing rooftops visible from hillsides, special attention shall be given to preyention of reflective glare and placement/design of mechanical equipment. Roof gardens or 'living roofs' may be considered and are encouraged. 2. Overhanging eaves are encouraged on sloped roofs. 3. Exterior siding consisting of wood, brick, and/or other materials with "natural" textures is encouraged. The use of recycled and "ecologically friendly" materials is also encouraged. 4. Exterior building materials shall be of similar type (e.g., wood or masonry) on all sides of a building, except that embellishments and details proposed for the street side frontage(s) of the building need not be carried through on other sides. 5. Exterior walls shall not be constructed of tilt-up concrete. 6. Building colors should be compatible with other buildings as well as natural and topographic features in the vicinity. The use of colors that emphasize earth tones typical of the Port Townsend area or those selected from the historic preservation committee's color palette of tertiary colors are encouraged. Bright colors should be minimized or used for minor architectural accents rather than on major portions of the building. 7. Building fascias shall not be used as sign platforms. 8. Departures from the sign code maximum height limit for signs in the C-I, C-IL and C-II(H) zones to exceed 17 foot height limit. In reviewing such departure requests the Committee shall recognize that signs should generally be pedestrian oriented. but that in some cases good design may call for taller signage. All signage otherwise shall conform to the provisions of Chapter 17.76 PTMC. 9. &. Buildings should be provided with a distinct "base" through the use of materials, texture, or massing. 10. Towers of up to 100 square feet in plan view, which exceed the height limit of the applicable zoning district by up to J 0 feet, may considered and approved through the departure process. (Illustration No. 11: not included) 11. 9, Multistory buildings are strongly encouraged. Residential development is permitted outright on upper floors and is encouraged. 5 Ordinance 2920 lb.. -w,. When buildings include residences on upper floors, rooftop gardens and upper floor terraces and decks are encouraged and may partially fulfill landscaping requirements. II -l+.- Walls shall appear to be composed of relatively small increments. No wall segment on a street frontage shall be longer than 30 feet. Walls may be articulated in two or more of the following ways: a. Reveals; b. Recesses (at least two feet in depth or five percent of wall length whichever is larger); c. Offsets; d. Overhangs, porches and covered walkways; e. Providing window and door openings with substantial trim elements; f. Projecting bays or upper floors; g. Stepped back upper floors; h. Changes in roof form; i. Changes in materials; j. Permanently installed and maintained trellises or vegetation. .l1, .J+..- New development should locate windows, skylights, open spaces, and decks to take advantage of southern exposure. Buildings and canopies should be designed to utilize natural light to reduce energy costs. Q .g, Building placement and design shall consider shadow impacts to adjacent properties and minimize these impacts to the extent reasonable and practicable. For example, where building features are nonfunctional or decorative (parapets, unused attic space) such features should be reduced in scale where shadowing of adjacent properties will occur. 14. .'\11 sigllage shall eonfurm to the jJFO'Iisions of Chapter 17.76 PTMC. Section 3. Port Townsend Municipal Code, Signs, Subsection 17.76.050(B)(1) Mixed Use, Commercial, and Public, Park and Open Space Districts outside the Historic District (C- IIMU, C-I1IMU, C-I, C-II(H), C-III, P/OS(A), P/OS(B), and P-I), maximum sign heights, is amended as follows (underlined added, strikeout deleted): 17.76.050(B) Maximum sign height is as follows: I. Seventeen feet, but in no event may signs extend higher than the nearby surface of the roof of the building; a. Departures from the sign code maximum height limit for signs in the C-r. C-I1. and C-Il(H) zones to exceed 17 foot height limit may be approved pursuant to PTMC Chapters 17.44 and 17.46 Commercial and Mixed Use Design Standards and Process. Section 4. Port Townsend Municipal Code 17.46.050 Notice requirements section is amended as follows (underlined added, strikeout deleted): 17.46.050 Notice requirements. A. Commercial, multifamily, and mixed use design review. I. Notice of application for design review. including a notice oftime and place of the design review committee meeting, a description of the proiect, a site plan and elevation, and a listing of any requested departures, shall be posted on-site for 10 calendar days for projects 6 Ordinance 2920 subiect to Track 2 administrative design reyiew with recommendation from the Advisorv Committee pursuant to PTMC 17.46.030(B) and 17.46.070. Notice shall be posted in the manner prescribed by PTMC 20.01.160(A)(l)(A) - (B). LNotice of design review for commercial, multifamily, and mixed use projects shall be included when notice is required for other applications, e.g., SEPA determination or shorelines permit. Otaerwise, separate notice ef design revicw application or deeisiEln is net reqllired. Meetings efthe design review advisElry committee require 21 Rom notice tEl the neWGpaper ofreeord, but de not reqaire a legalnetiee er posting. Section 5. Port Townsend Municipal Code 17.46.090 Outcome of review is amended as follows (underlined added, strikeout deleted): I7 .46.090 Outcome of review. A. A completed review form or checklist will comprise the recommendation from staff or the design advisory committee to the DSD director, or to the hearing examiner in the case of Type III/CUP cottage housing developments, including whether the departure alternate design provisions have been invoked. B. The director, or hearing examiner for Type III/CUP cottage housing developments, shall iSGlIe a certificate of re'/ie'N including any modifieations er conditions of apprElyal not act upon the recommendation of the design review committee for a period of seyen (7) days. During this seven (7) day period, interested citizens or aggrieved parties may request in writing a "reconsideration" of the advisorv committee recommendation. Such reconsideration requests shall be made in writing, shall state the reasons why a reconsideration request is made, and the relief sought. Upon review of the advisory committee's recommendation, and after reviewing any requests for reconsideration, the director or hearing examiner. may: I. Issue the certificate of review. including anY modifications, conditions, or denial of approval; or 2. Return the proiect to the Advisorv Committee with directions for additional reVIew. C The decisionmaker (DSD Director or Hearing Examiner) mav not incorporate a departure into a certificate of review unless supported by a supermaiority recommendation of the design review committee per PTMC section 17.46.080. The decisionmaker may deny a departure if he or she concludes that such departure does not meet the criteria specified above. ~ ~ The certificate of review including any conditions shall be incorporated into the SEP A staff report (if applicable), land use permit and/or building permit. ~-G,-No building permit shall be issued for a project subject to review under this chapter until such a certificate has been issued. Section 6. Port Townsend Municipal Code 17.08.020 Definitions is amended as follows (underlined added, strikeout deleted): "Certificate of review" means the report of the HPC described in PTMC Chapter 17.30 17.80.100 Historic Overlay District Design Reyiew and Chapter 17.46 Commercial. Multifamily, Cottage Housing Developments, and Mixed Use Architectural and Site Design Review Processes. 7 Ordinance 2920 Section 7. Port Townsend Municipal Code 17.44.100 On-Street Parking is amended as follows (underlined added, strikeout deleted): 17.44.100 On-street parking. A. Objective. On-street parking is encouraged along the streets, access drives, and alleys in order to provide convenient access and reduce the need for off-street parking lots. I. The required number of off-street parking spaces shall be reduced by two spaces for each developed on-street parking space pursuant to PTMC 17. 72. I 20(C). 2. Allow use of on-street parking for Americans with Disabilities Act (ADA) requirements if such a location meets ADA design standards and would better serve the public than off-street ADA parking. Section 8. PTMC Table 17.72.120 On-Street Parking Spaces is amended (underlined added, strikeout deleted) as follows: 17.72.120 On-street parking spaces. A. If the proposed parking area plan submitted pursuant to PTMC 17.72.170 would require elimination of one or more existing on-street parking spaces within the C- III zoning district, the parking requirements prescribed in PTMC 17.72.080 are increased by two off- street spaces for each on-street space to be eliminated; provided, that the building official may waive all or part of any such increase upon a showing to his/her satisfaction that one or more of the spaces to be eliminated had been created by permission of the applicant within the six years preceding the proposed building, use or expansion. B. If, however, such parking area plan would restore one or more existing on-street parking spaces within the C-III zoning district by reducing existing curb cuts or other conflicts, the off-street parking requirements prescribed in PTMC 17.72.080 are reduced by two off-street parking spaces for each on-street parking space restored by said plan. C. The required number of off-street parking spaces provided for commercial, mixed use, and multifamily residential properties outside the C- III historic commercial district that are being developed, redeveloped, or expanded shall be reduced by two spaces for each on-street parking space provided adjacent to a site. The design, placement, and proposed construction standard of on-street parking spaces will be reviewed and approved by the public works director. Due to the high leyel oftraffic, on-street parking may not be possible along Sims Way or other streets as determined by public works. D. On-street parking spaces may be used to meet ADA (Americans with Disabilities Act) parking requirements if such a location meets ADA design standards and would better serve the public than off-street ADA parking. Section 9. Chapter 17.46 Commercial, Multifamily, Cottage Housing Developments, and Mixed Use Architectural and Site Design Review Processes, of the Port Townsend Municipal Code is hereby amended to add a new section, 17.46.95 Advisory Committee Review of Building Permits, and shall read as follows: 17.46.095 Advisory Committee Review of Building Permits. Upon a receipt of a complete building permit application that has been previously reviewed by the Advisory Committee, the Advisory Committee shall be contacted and afforded an 8 Ordinance 2920 opportunity to review the completed building permit application for conformity with the certificate of review issued for the project. The purpose of this review is to identify any inconsistencies between the final certificate of review and the completed building permit application. Any inconsistencies shall be remedied prior to issuance of the building permit. This review process shall not interfere with the normal processing timelines for building permit applications. Section 10. Port Townsend Municipal Code 17.46.030 Applicability is amended as follows (underlined added, strikeout deleted): 17.46.030 Applicability. All projects in the C-I, C-II, C-II(H), CVMU, and C-IIIMU zones, cottage housing developments, as well as multifamily projects in any zone regardless of their location or form of ownership that involve one of the following are subject to the design review process contained within this chapter: A. Track I - Administrative Review Pursuant to PTMC 17.46.060. 1. Commercial and Mixed Use Projects. a. New buildings, canopies or other structures that exceed 1,000 square feet in sIZe; or b. Buildings, canopies, or other structures, the expansions of which either: i. Exceed 1,000 square feet in size; or ii. Comprise a ground floor expansion exceeding 50 percent of an existing building's ground floor square footage; or c. Substantial alterations of existing structures, where the existing structure exceeds 1,000 square feet. for alterations, ',vlliell ear.net meet all standards, an alternative design as speeified in PTMC 17.46.080 may be aeceptaele. d. Alterations to exterior facades of buildings that require a building permit, not including ordinary (i.e. nonemergency) maintenance and repair activities; proyided (a) that a waiver of design review has first been obtained from the director. and (b) all applicable code requirements are met, including criteria for buildings subject to review under this chapter. 2. Multifamily projects including construction of apartments, townhouses, row houses or other forms of multifamily housing containing five to 19 units. 3. Cottage housing developments located in the R-I, R-Il, or R-llI zoning districts where a departure has not been requested not sueject to alternative design review per PTMC 17.46.080. B. Track 2 - Administrative Review with an Advisory Committee Pursuant to PTMC 17.46.070. 1. All proiects which include requests for departure pursuant to PTMC section 17.46.080. 2.h All projects in all applicable districts exceeding the following thresholds are further subject to administrative review with the design review advisory committee: a. Any new building canopy or other structure with a ground floor exceeding 5,000 square feet in size; or b. Any new building with more than two stories above grade, or any expansion creating more than two stories above grade; or c. Any building containing more than 20 or more dwelling units; or 9 Ordinance 2920 d. Substantial alterations of existing structures, where the existing structure exceeds 5,000 square feet of ground floor area; or Lfh- Any project where the DSD BGJ;) director determines that the proposed design has generated strong public interest, or is proposed for a sensitive or highly visible site; the director may require that review with the advisory committee is warranted. ~;b-Cottage housing developments where a departure has been requested subject to alternative design review per PTMC 17.46.080. Section 1 I. PTMC 17.46.040(A) Application process is amended as follows (underlined added, strikeout deleted): 17.46.040 Application process. A. Applications for design review shall be submitted to DSD BGJ;) and shall consist of a completed application on a form prescribed by DSD BGJ;), the appropriate fee, if any, established by Chapter 20.09 PTMC, and all materials required pursuant to PTMC 20.01.100. It shall also be accompanied by: I, Preliminary architectural renderings (elevations required with details of architectural features, but not construction documents). 2. The type and finished color of exterior siding, windows and roofing to be used, signs and trim to the extent known. 3. Lighting plan showing the location, type, wattage, and light output of all exterior light fixtures, height of standards and wall mounted fixtures, and glare reduction/control devices. The plan shall also include proposed hours of lighting use, proposed use of any timing! motion detection switches, and a statement of any expected light impacts to neighboring properties. 4. Site plan (including landscaping details) sufficiently complete to show comprehensive project design. Site plan shall include conceptual street frontage improvements. including street and sidewalk cross sections. 5. All land, trees, and tree canopy to be cleared and the trees or tree canopy to be preserved shall be identified. Criteria for trees to be retained shall be in conformance with PTMC 17.44.080 and Chapter 19.06 PTMC, Tree Conservation. 6. The location of the proposed access to the site for clearing and grading during site development and construction shall be shown on the site plan. 7. The DSD BGJ;) director may allow later submittal of certain requirements, such as the lighting or landscaping plan, if the applicant wishes to first have conceptual review of the overall project. Section 12. PTMC sections] 7.46.060 Permit review process - Administrative review and 17.46.070 Permit review process - Review by design committee are amended (underlined added, strikeout deleted) as follows: 17.46.060 Permit review process - Administrative review. A Projects falling under the criteria ofPTMC 17.46.030(A) including cottage housing developments where a departure has not been requested not requiring alternative design review per PTMC 17.46.030(C) shall be reviewed administratively by DSD BGJ;) staff. Staff shall work with the proponent to address design development as an integral part of the permit 10 Ordinance 2920 review process. The director may require that review with the advisory committee is warranted per PTMC 17.46.070. B. DSD staff shall coordinate design review with review of infrastructure requirements and street frontage improvements required for proiect. 17.46.070 Permit review process - Reyiew by design committee. A. Projects meeting the criteria ofPTMC 17.46.030(B) and cottage housing developments where a departure has been requested requesting alternatiye design rcyie',v per PTMC 17.46.030(C) shall be reviewed by a design review advisory committee established per Chapter 2.73 PTMC. Projects shall be considered in the following manner: I. Staff shall first meet with the applicant to identiry and work out design issues. 2. When the proposal has sufficiently addressed the design guidelines identified at the pre-design meeting, staff shall schedule a meeting with the applicant and the advisory committee. The meeting shall occur during business hours unless all participants agree to an alternate time. DSD staff shall coordinate design review with review of infrastructure requirements and street frontage improvements required for proiect. 3. The design review advisory committee shall meet once with the applicant or his/her representative. The design review meeting shall consist of a presentation by the project proponent that focuses on how the proposed design meets the criteria of the design guidelines. The committee will ask clarirying questions and take public comment if it chooses. The committee shall review how the proposed project meets the identified guidelines, and if a departure from the standards or all alternative design has been requested, ifit is appropriate. The committee shall provide a recommendation to the DSD ~ director for approval, approval with conditions, or denial. 4. The meeting is open to the public; public testimony is not solicited but may be accepted at the discretion of the committee. 5. Meetings will not be continued except at the request of the applicant. The proponent may request additional meetings with staff and/or the committee, for instance, in circumstances where all departure design has not been favorably received, and the applicant has subsequently made extensiye revision and desires reconsideration of his request. Should the proposed project be found to have one or more guidelines that have not been successfully addressed, the committee or staffwill work with the applicant to remedy, if possible, the identified circumstance. If it is not possible to come to a workable solution, the committee may recommend denial ofthe proposal. Section 13. PTMC section 17.44.190 Support Elements is amended (underlined added, strikeout deleted) as follows: 17.44.190 Support elements. A. Objective. Mechanical elements, loading areas, trash, and recycling containers shall be located and/or screened to minimize their visibility from public view. 1. Refuse and storage containers shall be screened with built and/or landscaped confinements. 2. Refuse and storage areas should be located to the rear or side of the property and away from adjacent streets and residential property. 3. Service and loading areas should be located to the rear or sides of buildings away from adjacent streets, but shall be designed for convenient use. II Ordinance 2920 4. On waterfront buildings, support facilities should not be located between the building and the water but rather should be located to the side of the building. 5. Rooftop mechanical equipment shall be concealed from view by a roof form integrated with the overall architecture of the building, either by locating the equipment within the structure or concealing it from ground level view behind a parapet. 6. Views of rooftop equipment from nearby hillsides shall be minimized. 7. Other outdoor mechanical equipment (such as ground mounted heat pumps and wall ducted exhaust vents) and electrical service equipment (meter boxes, service lines, etc.) shall be integrated with the oyerall architecture of the building or screened from ground level view. Section 14. PTMC Table 17.20.030 Commercial Zoning Districts - Bulk, Dimensional and Density Requirements are amended (underlined added, strikeout deleted) as follows: Table 17.20.030 Commercial Zoning Districts - Bulk, Dimensional and Density Requirements DISTRICT C-I C-II C-[JrH) C-I1I RESIDENTIAL Owner/operator residences Residences allowed Owner/operator Residences allowed REQUIREMENTS allowed and residences above the ground residences allowed above Ihe ground above conunercial uses floor subject (0 the above commercial floor allowed subject to the requirements below uses subject to the requirements below requirements below MINIMUM LOT 5,000 sf 5,000 sf 5,000 sf 5,000 sf SIZE FRONT YARD None None None None SETBACKS REAR YARD 5' except: none when None unless None unless None, except: 10' SETBACKS contiguous with another contiguous to R-I, II contiguous to R-I, II when contiguous with commercial zoning district or III zoning district, or III zoning district, an R-II or R-III then 15': or, 20' if then 15'; or, 20' if zoning district building beight is building height is >20' >20' SIDE YARD sr except: none when None, unless None, unless None, unless SETBACKS contiguous with another contiguous to R-I, II contiguous to R - I, II contiguous to R-I, II commercial zoning district or III zone, then 15': or III zone, then 15'; or III zone, then 10': or 20' if building or 20' if building or 15' if building height is >20' height is >20' height is >20' MAXIMUM 40,000 sf 40,000 sf 40,000 sf None GROUND FLOOR AREA Note #\ (in anyone structure) MAXIMUM None GROSS FLOOR 60.000 sf 60,000 sf 60,000 sf AREA MAXIMUM 35' and 35' and 35' and 50' or as specified by BUILDING as sDecified by Ch. as sDecified by Ch. as sDecified by Ch. Ch. 17.28 PTMC HEIGHT 17.46.080 PTMC 17.46.080 PTMC 17.46.080 PTMC MAXIMUM 8 feet, unless otherwise 8 feet, unless 8 feet, unless 8 feet. unless FENCE authorized through otherwise authorized otherwise authorized otherwise authorized HEI G HTNoto #2 applicable design review through applicable through applicable through applicable Drocess desi gn review process desilln review orocess desien review nrocess 12 Ordinance 2920 Note # I: Multiple structures on a single property or reviewed as a single development proposal may not be attached to exceed 40,000 sf ground floor area. Such multiple structures must be separated by the minimum separation standards as established by PTMC ] 7.44.040 at least I Q feet when their combined ground floor area exceeds 40,000 sf. Note #2: Maximum fence heights apply only within any required front, side, or rear setback area or along the edge of any required yard. Fences over 6 feet and retaining walls may require a building permit. Section IS. PTMC Table 17.18.030 Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements are amended (underlined added, strikeout deleted) as follows: Table 17.18.030 Mixed Use Zoning Districts - Bulk, Dimeusional and Density Requirements DISTRICT C-I/MU C-II/MU MAXIMUM BUILDING 35' 45' except: (a) 2 stories, up to 35' within 100' 0 HEIGHT and as soecified bv Ch. an abutting R-I or R.1l district; or (b) 35' ifthe 17.46.080 PTMC development has no residential use component 35' and as snecified bv Ch. 17.46.080 PTMC Section 16. The following amendments (underlined added) are proposed to Port Townsend Municipal Code 17.50.040 Formula Retail and Restaurant Regulations. A. The following regulations shall apply to all formula retail and formula restaurant establishments: ] . 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 comer except such formula retail or restaurant establishment may be located on a street comer 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 comer 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 comer ifthere 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. 13 Ordinance 2920 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 and maximum formula retail establishment density shall be as follows: Lot Size Maximum Density of Formula Retail Establishments Lots with less than 20.000 s.f. One (]) Formula Retail establishment! lot. oflot area Lots with more than 20,000 s.f. One (]) Formula Retail establishment! 20.000 oflot area s.f. of lot area. \ I. . . This provIsIOn allows larger lots to have multIPle formula retail establishments (i.e. a 40,000 s.f. lot may have no more than 2 formula retail establishments. etc) provided the siting and design of the formula retail establishments meets all other applicable standards. 6. The number of furmula retail establishments per lot shall be limited to OHe. Section 17. PTMC Chapter 17.44 Commercial and Mixed Use Architectural and Site Design Standards is hereby amended to add a new section, 17.44.040 Commercial and Mixed Use Short Plats, Subdivisions, and Binding Site Plans - Block Sizes and Street Layout, and shall read as follows: 17.44.040 Commercial and Mixed Use Short Plats, Subdivisions, and Binding Site Plans - Block Sizes, Building Separation and Street Layout. A. Objective. New or modified commercial or mixed use short plats, subdivisions, and binding site plans or new commercial or mixed use developments shall be designed to provide safe and convenient yehicle, nonmotorized, and pedestrian access to individual lots and building sites. All lots, blocks, and building sites shall be configured to be compatible with the size, shape, and patterns of Port Townsend streets and blocks established in the late 1800's, including separation of blocks by street rights-of-way, while giying consideration to unusual pre-existing property dimensions, topography, and landscape buffer requirements. I. The maximum size for blocks in new or modified plats or binding site plans, or for building sites on undivided land, shall not exceed 40,000 square feet. 2. Each block or building site shall be separated from other blocks or building sites by a public right-of-way or public access easement so as to be surrounded on all sides by such right-of-way or access easement. 3. The standard Port Townsend commercial block is square. However, new blocks or building sites may vary in dimension (up to a maximum size of 40,000 square feet) to allow for interior alleys or rectangular, triangular, or other geometric shapes as necessary. 14 Ordinance 2920 4. For purposes of this section, a "block" shall mean "a group of lots, tracts or parcels within well-defined and fixed boundaries surrounded by public rights-of-way or easements." 5. In the C-I, C-II, and C-II(H) General Commercial Zoning District, multiple structures on a single property reviewed as a single development proposal, or built in phases, may not be attached to exceed 40,000 s.f. of ground floor area. Such multiple structures must be separated by at least 60 feet when their combined ground floor area exceeds 40,000 s.f. Reductions in building separation may be considered through a departure when the space in between the buildings will be used for pedestrian and emergency vehicle access only (i.e. - not open to daily vehicle traffic). SECTION 18. 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 19. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this nineteenth day of December, 2005. C~.',?I-'~J' Catharine Robinson, Mayor Attest: Approved as to Form: ~~Ao John . Watts, Ci(y Attorney 15 Ordinance 2920