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HomeMy WebLinkAbout2231 Rezoning Certain Lots in Blk 68 Hastings Addition and Amending the Official Zoning Map OP~INANCE NO. 2231 AN ORDINANCE REZONING LOTS 1, 2, 3, 4, 6 AND 8 OF BLOCK 68, HASTINGS SECOND ADDITION, FROM EXISTING R-II AND R- III ZONING TO C-II ZONING AND MAKING AMENDMENTS TO THE OFFICIAL ZONING MAP OF THE CITY; ESTABLISHING CONDITIONS TO THE REZONE;' AND ESTABLISHING AN EFFECTIVE DATE ~EREAS, due hearings have been held and appropriate Findings of Fact and Conclusions made as provided for by Ordinance No. 1625, as amended, by the City of Port Townsend Planning Commission and by the City Council of the City of Port Townsend acting as the Board of Adjustment for the City, and ~EREAS, the City Council for the City of Port Townsend acting as Board of Adjustment has approved of the rezoning of the promerty 'described below pursuant to its Findings of Fact and Conclusions, and subject to the terms of a Rezone Contract with Restrictive Cov- enants which has been duly executed by the.parties, now, therefore, THE CITY COUNCIL OF THE CITY OF POET TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section I. The official Zoning Map of the City of Port Town- send is here and hereby amended to 'C-II zoning those lands in Port Townsend described as follows: Lots 1, 2, 3, 4, 6 and 8, Block 68, Hastings Second Addition to the City of Port Townsend, situate in Port Townsend, Jefferson County, Washington. Section 2. The change in zoning provided for herein shall be and the same is subject to the terms and conditions of that certain Rezone Contract attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full, by and between the City of Port Tovrnsend and Service Activities Corporation, a Washington . .corporation Section 3. This Ordinance shall take effect after execution and recording of the Rezone Contract described in Section 2 of this Ordinance, and upon the passage, approval and publication of this ORDI~ANCE - 1 - Ordinance in the form and manner provided by law, ~hichever date is later. Read for the first, second and third times, passed by the City Council for the City of Port To~ensend, and approved and signed by the Mayor of the City this llth day of March , 1991. Attest: A~ppr~ed as to form: KezNfJ'~.~Harper, City Attorney Passed by the City Council: Signed by the ~fayor: Published: , 199 Effective date: , 199 , 199 ._ , 199 - 2 - ORDINANCE EXHIBIT A to ORDINANCE 2231 CONTP~CT IN CONNECTION WITH REZONE OF REAL ESTATE IN THE CITY OF PORT TO~SEND This Agreement is made by and between the City of Port Townsend, a municipal corporation and city of the third class under the laws of Washington State (hereinafter "City"); and Service Activities whose address is Corporation, Inc. , 718 Washington Street~ Port Townsend~ Washington 98~6g ' and who are the present ov~ers of the real p~operty described below (hereinafter "Owners"), pertaining to the following described property: Lots 1, 2, 3, 4, 6 and 8, Block 68, Hastings Second Addition to the City of Port Townsend; situate in the City of Port Townsend, Jefferson County, Washington RECITALS A. The Owners own the above-described property, and under Re- zone Application 9101-07 , applied to the City of Port Tov~send for a rezone of the property under the ordinances of the City from R-II/R~III to C-II designation. B. The application was duly considered by the City of Port ToV~send Planning Commission, which held oublic hearings and made Findings of Fact and Conclusions, and was duly considered after Notice by the City Council for the City of Port Townsend acting as Board of Adjustment, which held a public hearing and made Findings of Fact and Conclusions and a Decision to grant the rezone request subject to certain conditions. Co Based upon the Findings of Fact and Conclusions of the Board of Adjustment, the parties have agreed to enter into this con- tract in connection with the granting of the rezone request, and the Findings of Fact and Conclusions of the Board of Adjustment/City Council dated March 11 199 1, are here and hereby incor- porated herein by this reference'as ii~-set forth in full. D. The parties desire to enter into this Agreement pursuant to the Findings of Fact and Conclusions of the City Council/Board of Adjustment, to provide for the covenants and conditions set forth below in connection with said rezone. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: CONTP~ACT IN CONNECTION I~ITH REZONE - 1 - 1. The City Council for the Citv of Port Tovmsend acting as Board of Adjustment has approved the a~ove-referenced rezone on condition that the Owners comply with the Findings of Fact and Con- clusions of the City Council/Board of Adjustment and on further con- dition that they execute this Agreement. 2. The O~ners, in pursuance of the City having granted said rezone, and prior to the rezone becoming effective, shall exe- cute this Agreement and shall comply with the conditions as set forth in the Findings of Fact, Conclusions and conditions attached hereto as Exhibit A, and subject to the specific conditions at- tached hereto as Exhibit A, which Exhibit is incorporated herein by this reference as set forth in full. 3. The parties agree that the above restrictions and con- ditions affect and restrict all of the above-described land and thatthat the restrictions and conditions are and shall be construed as covenants running with the land binding upon the Owners and all subsequent O~vners of the land or any interest in or part thereof and of persons dealing therewith and inuring to the benefit of such Owners and persons, ~he public generally and the City of Port Town- send, Jefferson County, Washington, a municipal corporation, it being the intent of the Owners that the restrictions herein shall bind and restrict the land, the Owners, its grantees, successors and assigns, and their grantees, heirs, executors, personal repre- sentatives, successors and assigns of any nature and description. 4. The oarties agree that this Contract shall be recorded with the Jefferson County Auditor, Washington, upon its execution and prior to the publication and effectiveness of Citv of Port To~vn- send Ordinance No. 2231 , and that all contracts and deeds or other instruments o~ance relating to said land or any part thereof shall likewise contain reference to these covenants, condi- tions and restrictions applying thereto. 5. The parties agree that all persons dealing with said land and entitled by law to enforce and compel compliance herewith, including but not limited to the City of Po~t Townsend, shall have a full and adequate remedy both in law and equity to enforce and compel compliance herewith and to benefit and take advantage hereof and in any such proceeding to have and recover from any then Owner or Owners all costs and expenses of such proceedings, including reasonable attorney's fees to be set by Court and, if appropriate, revert the zoning back to pre-existing R-II or R-III zoning. 6. The parties agree that this Contract does not amend or modify, nor is it intended to amend or modify any other require- ments of the respective ordinances of the City of Port Townsend or any other law or regulation dealing with the use of land or con- struction of improvements upon lands, but rather as additional cov- enants and agreements for the purposes herein set forth. CONTP~CT IN CONNECTION WITH REZONE - 2 - 7. The O~ners by this Contract do specifically estop them- selves and all of their successors and all persons presently or hereafter o~ing or dealing with the land or any interest in or part thereof, from asserting or contending in any manner or fashion that these covenants are not full and adequate covenants running with the land as herein described and binding'thereof for all times hereafter until expressly modified or amended, if at all, with the written consent of the City of Port To~send. 8. Invalidation of any one of these covenants by judgment or Court Order shall in no case affect any of the other covenants which shall remain in full force and effect. 9. The O~.~ers signing below warrant that they are the sole o~ers in fee of the-real property and are authorized to make these covenants and so bind the land. The City, at its discretion, prior to recording of this Agreement and the effectiveness thereof, may require the Owners to provide a Certificate of Title or other title report acceptable to the City, showing the condition of title to the property to assure that all persons or entities reauired to sign this Contract to so bind the land have done so, and this Agreement shall not be effective until such time as it is duly executed by all parties necessary to so bind the land. Owners shall pay the cost thereof. 10o This Contract is governed by the laws of the State of Washington, and venue for any action hereunder shall be in Jefferson County, Washington. DATED this 14th day of CITY OF PORT TOWNSEND By: ._~~~~~. ~'~ Mayor ~rent Shirley Attest: ~_~. ~dL~! · City Cl'e~k 'David Grove March , 199 1. SERVICE ACTIVITIE~ORATION ~ Presiden~ ~ohn Pickett STATE OF WASHINGTON ) COUNTY OF JEFFERSON ) C~MTPACT IN CONNECTION WITH REZONE - 3 - On this day personally appeared before me to me known or having satisfactory evidence to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day ef , 199 . ~iOTARY PUBLIC in and for the State of Washington, residing at .My Commission expires STATE OF WASHINGTON ) ) SSo COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Brent Shirley and David A. Grove signed this in- strument, on oath stated that they were authorized to execute the instrument and acknowledged it ms the Mayor and City Clerk, respec- tively, of the City of Port Townsend, as the free and veluntary act of such party for the uses and purposes mentioned in the instrument. Dated this /~. day of March , 199] ~ S NOTARY PUBLIC in an.d..fo~h~te_ of Washington, re~iding~~~ My Co~ission expires ~/ STATE OF WASH~N ) ) SS. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that John Pickett and Lee Pickett signed this instrummnt, on oath stated that they were authorized to execute the instrtmm~t and acknowledged it as the President and Secretary, respec- tively, of Service Activities Corporation, a Washington corporation, as the free and voluntary act of such pa~ty for the uses and purposes mentioned in the instru- rf~nt. Dated thais _]~dlh_ day of March, 1991. ~~~BLTC'-in.and for ~e Sta~ o~f Wa~Rmi~ngton, residing at ~-~- My Conmission expires CONTPACT IN CON~ECTION WITH REZONE - 4 - 7. The Owners by this Contract do specifically estop them- selves and all of their successors and all persons presently or hereafter o~ing or dealing with the land or any interest zn or part thereof, from asserting or contending in any manner or fashion that these covenants are not full and adequate covenants running with the land as herein described and binding-thereof for all times hereafter until expressly modified or amended, if at all, with the written consent of the City of Port Townsend. 8. Invalidation of any one of these covenants by .judgment or Court Order shall in no case affect any of the other covenants which shall remain in full force and effect. 9. The O~mers signing below warrant that they are the sole owners in fee of the~real property and are authorized to make these covenants and so bind the land. The City, at its discretion, prior to recording of this Agreement and the effectiveness thereof, may require the Owners to provide a Certificate of Title or other title report acceptable to the City, showing the condition of title to the property to assure that all persons or entities required to sign this Contract to so bind the land have done so, and this Agreement shall not be effective until such time as it is duly executed by all parties necessary to so bind the land. Owners shall pay the cost thereof. 10. This Contract is governed by the laws of the State of Washington, and venue for any action hereunder shall be in Jefferson County, Washington. DATED this 14th day of CITY OF 'PORT TOI~NSEND By:~ '~ Mayor Brent Shirley ~ Attest: /~- ~ ~ ~ City Cler~i D~vid ~o-ve March , 199 1. SERVICE ACTIVITIES CORPORATION President John Pickett Secretary Lee Pickett STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) CONTRACT IN CONNECTION WITH P.EZONE - 3 - On this day personally appeared before me to me known or having satisfactory evidence to be the individual(s) described in and who executed the within and foregoing instrumentp and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 199 NOTARY PUBLIC in and for the State of Washington~ residing at My Commission expires STATE OF WASHINGTON ) COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence that Brent Shirley and David A. Grove signed this in- strument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk, respec- tively, of the City of Port Townsend, as the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated~this /~,~ day of ~arch ., 199] NOTARY P~UBLIC in an.d., fo~ the~State of Washington, residing~Tat ~~ My Commission expires ~-~f-~/ STA2~ OF WASHINGTON ) ) SS. COUNTY OF ~N ) I certify that I know or have satisfactory evidence that John Pickett and Lee Pickett signed this instrtmmmt, on oath stated that they were authorized to execute the instrtmmnt and acknowledged it as the President and Secretary, respec- tively, of Service Activities Corporation, a Washington corporation, as the free and voluntary act of such party for the uses and purposes mentioned in the instru- ment. Dated this 14th day of March, 1991. NOTARY PUBLIC in and for the State of Washington, residing at My Con~nissionexpires CONTP~A. CT IN CONNECTION WITH REZONE - 4 - EXHIBIT A to REZONE CONTRACT Date: Re: FINDINGS OF FACT AND CONCLUSIONS OF THE CITY COUNCIL ACTING AS BOARD OF ADJUSTMENT March 11, 1991 Rezone Application 9107-07 Port Townsend Motel, Service Activities Corporation After respectful consideration of the above-referenced Application, including on-site insoection of the property, and after timely noti- fication and hearing, the Port Townsend City Council, acting as Board of Adjustment, hereby submits the following Findings and Con- clusions: FINDINGS OF FACT: 1. The aoDlicant proposes a rezone of Lots 1, 2, 3, 4, 6 and 8 of Block 6~] Hastings Second Addition, from R-II to C-II. The subject area is adjacent to Washington Street to the South, which connects to Sims Way to the Southwest. The area to the West of the subject property is zoned commercial (C-II). To the South, at the corner of Washington Street and Sims Way, across Washington and Sims is the C-III zoning district. The area to the North and Northeast is zoned residential (R-II). See attached map for the zoning of the immediate area. 2. The subject area has been used as the Port Townsend Motel for the last 40 to 50 years. City zoning records indicate that Lots 5 and 7 were rezoned to C-II in 1976 (Ordinance 1765) but that Lots 1 through 4 and 6 and 8 remained R-II. Portions of the building are within the R-II zone. The motel on these portions is considered a non-conforming use under the zoning code and may be continued and maintained provided there is no physical change other than necessary maintenance and repair (Section 17.52.010, Port Townsend Municipal Code). 3. On October 22, 1990, the City issued a building permit for the addition of a mansard roof facade to the Port Townsend Motel. The building permit was issued based upon erroneous zoning informa- tion, and it was later withdrax,~. In order for the applicant to proceed with the proposed mansard roof facade, a rezone of Lots 1 through 4, 6 and 8, to C-II is necessary. FINDINGS and CONCLUSIONS - 1 - EXHIBIT A 4. Section 17.16.010 of the Port Townsend ~unicipal Code outlines the purposes of each zoning district in the City of Port Townsend. The purpose of the R-II zoning district, which is the present zoning designation of a portion of the subject property, is defined as "primarily a single-family residence district, and low density multiple residence district, requiring 5,000 square feet of building tract for each single-family dwelling unit." The purpose of the C-II zoning district, which is the proposed zoning designa- tion of the site, is defined as "primarily a general commercial dis- trict for the conduct of enterprises which depends on proximity to major streets or arterials for trade or transportation." 5. Section 17.16.0101 of the Port Townsend Municipal Code lists the uses which are permitted in the various zoning districts, as either permitted or conditional uses. Broadly, a commercial use in the C-II zoning district is an occupation, employment or enter- prise which is carried on for profit by the owner, lessee or li- censee and depends on the proximity to arterial streets for trade or transportation. 6. A rezone is not an action which is related specifically to one use, like a variance or conditional use oermit, since a change in the zoning district will allow any of the permitted uses in the C-II zone on the property. The uses which are allowed in the C-II zoning district as either permitted or conditional uses which are not allowed in the R-II zoning district are listed in Attachment I, Summary: C-II Zoning District. 7. There are currently about 140 acres of land in Port Town- send which are zoned C-II. Much of this land is undeveloped on which the proposed use could be relocated. However, a portion of the subject property serving the motel (lots 5 and 7) is currently zoned C-II. Furthermore, the current commercial use of the subject property is adjacent to both a C-II and a C-III zoning district and provides an important community service. 8. The Port Townsend Comprehensive Plan oresents performance and locational standards for the siting of a general commercial dis- trict. The Plan states that commercial development should be located in areas where a reasonable demand can be expected for community- oriented needs; should be located adjacent to existing commercial development in a block-like fashion or at the intersection of two or more arterial streets; should provide adequate parking and off- street loading areas; parking areas and access points should be lo- cated and designed for safe visibility, ingress and egress to ap- proaching pedestrians and motorists; should be adequately screened or separated from nearby residences; and that it would not adversely affect the use or value of adjacent areas or properties. FINDINGS and CONCLUSIONS 9. The applicant states that the proposed rezone would allow for the continuance of the use of motel as it has been for the last 40 to 50 years and allow for the construction of a mansard roof facade in a manner that would upgrade the building and would complement Port Tov~send's Victorian motif. 10. The City Council has issued a Mitigated Determination of Non-Signficiance, dated February 5, 1991, after review of the Envir- onmental Checklist submitted by the applicant pursuant to the Wash- ington State Environmental Policy Act (SEPA). The checklist was sub- mitted for the rezone action, which includes the construction of the mansard roof facade. Should the rezone be approved, any new commer- cial development would be subject to project-specific S~PA review. 11. Under the present R-II/-III zoning descriotion of the property, the maximum oermitted building height is 35 feet, xtghich is the same if the property were rezoned to C-II as proposed. 12. To reduce impacts of C-II-designated property adjacent to properties zoned residential, buildings must be set back at least 10 feet on each side and 20 feet from the rear lot line. Buildings on the subject property would be required to comply with these setbacks, except for those which would be legally non-conforming as to setbacks or unless a variance was granted, after public hearing by the Board of Adjustment. The existing building is legally non-conforming as to setbacks, or within legal setback requirements. 13. Under the original Zoning Ordinance, Number 1625, as adopted in 1971 and as it existed through 1988, a motel was oermitted in an R-II zone as a conditional use. The use table contained in Section 17.16.010 was amended by Ordinance 2155, passed by the City Council on June 20, 1989, prohibiting motels in the R-II zone and thus making the Port Townsend Motel non-conforming as to zonin~ des- ignation at that time with respect to a motel use. The City Council did not specifically intend to cause that result to the property in view of its being used for a motel for 40 to 50 years. 14. Because the property on which the motel is located slopes away from the residential properties to the North and East, and be- cause the height restrictions are the same under both the existing R-II and the proposed C-II designations, the rezone would have little or no impact upon views from nearby residential properties if the rezone were approved as conditioned. This would maintain an adequate buffer area between the motel and the residential properties Nor{h and East of the site. 15. There is a natural buffer consisting of a steep slooe be- tween the site and adjacent residential lands. There is no such signficiant buffer between the site and adjacent commercial land. 16. The proposed improvements to the motel which would be per- FINDINGS and CONCLUSIONS - 3 - mitted with the granting of the rezone request as conditioned would aesthetically improve the site and building and complement the Vic- torian character of the area and the community. 17. The rezone, if granted as conditioned, would, not single out a small area for a use different or inconsistent with the sur- rounding area. 18. Public facitlities such as water and. sewer have been im- proved in the area and would not be impacted by the rezone proposal. 19. Since the Zoning Ordinance was enacted in 1971, there · has been substantial commercial growth and development in the imme- diate area, particularly to the West, Northwest and Southwest of the site. The adjacent Penny Saver store has expanded; the bowling alley has added a mini-golf course; Great Northwest Federal SaVings and Loan has been constructed; and InterWest Bank has been expanded. CONCLUSIONS: Based upon the foregoing Findings of Fact, the Port Townsend City Council, acting as Board of Adjustment, makes the following Con- clusions: i. The applicant states that there is a need to rezone the property as it should have been zoned C-II initially since it is a commercial use and is adjacent to commercial uses. 2. The property surrounding the subject property consists of both residential and commercial zoning districts and uses. The proposed zoninK change would result in the entire block, Block 68, being zoned C-II land. Therefore, the proposed zoning change would be consistent with the proposed zoning and land uses of the subject property and would not amount to a "spot zone." 3. ~ile there is a fair amount of vacant land which is zoned C-II, the pre-existing motel development justifies the rezone on this site. The approval of the rezone would provide commercial development in a block-like fashion at the intersection of two or more streets, which is consistent with the goals, policies and maps of the Comprehensive Plan. 4. Use of the site as a motel will have no effect on City utility services, streets, fire or police protection with respect to the site because it is currently used as a motel. 5. The existing structure on the subject property is well- suited to continue as a motel. The uses provided by the motel can FINDINGS and CONCLUSIONS - 4 - best be served by the rezone and use of this site. The proposed construction of the mansard roof facade would enhance the aesthet{cs of the property and would serve to make the property more compatible with the adjacent residential neighborhood. 6. The present Port Townsend Comprehensive Plan shows the subject property as being commercial, and the proposed rezone would be consistent with the goals and policies of the Comorehensive Plan. 7. The proposed rezone and use, with the mitigation measures required by Mitigated Determination of Non-Significance and the foi- l. owing conditions, would not cause any probable significant imoacts, but rather would be comoatible with adjacent lands, uses and p~blic facilities. 8. The rezone if approved with conditions will promote the public health, morals, safety and welfare and be in the public in- terest. 91 A substantial change in circumstances has occurred since 1971 and 1976 which justifies the rezone. 10. The rezone, as conditioned, would not be a spot rezone and would be consistent with the City's Comprehensive Plan and other provisions of the City's Zoning Ordinance. 11. The rezone, as conditioned, would be compatible with ad- jacent uses and lands, and is a reasonable request. In consideration of the aforementioned Findings and Conclusions, the City Council, acting as Board of Adjustment,. recommends that the above-referenced application be granted as conditioned. 1. The commercial use of the property shall be limited to motel uses. There shall be no restaurant or-'similar'ddmmercial food use or facility allowed. 2. To prevent light and glare impacts, decorative lighting proposed for the top of the mansard roof shall be prohibited, exceot for decorative lights used during the Christmas season from December 1 to 31. 3. No structure or building shall exceed mheig~t of 22 feet above the eXisting 'concrete pad walkway located ~in front of the exist- ing office. FINDINGS and CONCLUSIONS - 5 - 4. Ail construction uoon the property for which a building permit has not already been issued shall be subject to non-binding review by the Historic Preservation Commission in accordance with the procedures set forth in Ordinance 2216, Section 17.zz.040. 5. Any expansion of the existing motel or any new build- ings or structures shall be located within the existing footprint of the existing motel building to a maximum height of 22 feet. 6. Any expansion, addition or alteration to the property in the future shall require submittal of an Environmental Check- list and review under SEPA. Any categorial exemption which would normally apply shall not be applicable. 7. This rezone shall not become effective until a contract is executed and recorded by the City Attorney setting forth all mitigation measures required by the Mitigated Determination of Non- Significance and all of the conditions of this rezone to run with and be binding upon the land. Attest: Da~r~lerk FINDINGS and CONCLUSIONS - 6 - APPENDIX 1 Page 1 SUMMARY:C-II ZONING DISTRICT, Port Townsend Municipal Code Section 17.16.010 describes the General Commercial Zoning District (C-II) as: Primarily a general commercial district for the conduct of enterprise which depends on proximity to major streets or arterials for trade or transportation. Uses that could be located in a C-II zoning district that could not be located in a R-II district include: Uses permitted outrich~ include: Business and professional offices; retail sales, included department and variety stores; wholesale appliance distributors; household appliance or office equipment sales and service; office and secretarial services; automobile/motorcycle sales, repair and accessories; tire recapping and retreading; commercial parking lot; car wash; trailer sales; bakeries and confectioneries; banks, finance amd loan companies; barber or beauty shops; blueprint or photostating establishments; boat sales; bus passenger stations and terminals; restaurants and catering establishments; clinics; commercial clubs and other places of entertainment; dry cleaning shops and plants (with limitations); laundromats; two-family dwellings; retail feed stores; food stores and produce stands; frozen food lockers; research and testing laboratories; lock and gunsmiths; opticians; pawnshops and secondhand stores; plumbing shops and yards; small printing; publishing or reproduction establishments; commercial schools; shoe repair; tailors; dressmakers or milliners; wholesale and jobbing establishments. Uses which may be permitted only by conditional use permi~ include: billiards, pool, bowling, shooting gallery, roller rink, or dance hall; coliseums, or stadiums; marinas, docks and piers for pleasure craft; drive-in theaters; electric generating stations and public utility installations; hospitals; hotels; jails; auto wrecking yards; libraries; museums and art galleries; lodges and fraternal organizations; motels; office buildings; pottery; porcelain or china manufacturing; truck terminals, repair shops and storage yards; and veterinary hospitals. Bulk and Density restrictions are as follows: Buildings may include one square foot of gross floor area for each square foot of lot area and may build to the lot lines except when abutting a residential zone in which case buildings must be setback at least 10 feet on each side and 20 feet on the rear (no front setback required). There is no minimum lot size and buildings may be up to 35 feet in height. C-II Summary Page 2 Chapter 17.30 prescribes off-street parking requirements; Chapter 17.34 sets forth certain sign limitations. 1. This is a summary only and may not be relied upon for specific projects or property decisions without first consulting the provisions of the Port Townsend Municipal Code. City of Port Townsend Planning and Building Department 540 Water Street, Port Townsend, WA 98368 206/385-3000 MITIGATED DETERMINATION OF NONSIGNIFICANCE AND LEAD AGENCY STATUS Description of Proposal: Rezone of an existing commercial use located in a residential (R-II) zone to a commercial (C-II) zone. Proponent: Service Activities Corporation Attn: John Pickett 718 Washington St. Port Townsend, WA 98368 Location of Proposal, Including Street Address, If Any: The site is located at 2020 Washington Street, near the intersection of Water Street, on Block 68, lots 1,2,3,4,6 and 8 of the Hastinings 2nd Subdivision. Lead Agency: City of Port Townsend The lead agency tbr this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made alter review of a completed environmental checklist and other information in f'fle with the lead agency and after mitigation. This information is available to the public on request. This DNS is issued under 19%11-340(2); the lead agency will not act on this proposal for 15 working days from the date below. Comments must be submitted by February 21, 1990. Responsible Official: Brent Shirley, Mayor Attn: Dave Robison City Hall, 540 Water Street Port Townsend, Washington 98368 Date: February 5, 1991 Mitigation Measures Service Activities Corporation February 5, 1991 Page 2 MITIGATION MEASURES ATTACHED TO THE DETERMINATION OF NONSIGNIFICANCE ISSUED FOR REZONE PROPOSED BY SERVICE ACTIVITIES CORPORATION. The existing non-conforming roof sign will be relocated and placed as a legal, sign under Port Townsend Municipal Code 17.34.030 and shall be compatible with the mansard roof architectural design. Any mechanical equipment or communication dishes which would be located on the roof should be incorporated into the roof form and not be visible from adjacent residential properties.