HomeMy WebLinkAbout3225 Amending PTMC Ch 17.22 and Adding Chapter 17.31 Relating to Interim Land Use Regulations Rainier St, Sims Way, Discovery Rd, 10th StreetOrdinance 3225
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Ordinance 3225
AN INTERIM ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
PORT TOWNSEND MUNICIPAL CODE CHAPTER 17.22 AND ADDING PORT
TOWNSEND MUNCIPAL CODE CHAPTER 17.31 RELATING TO INTERIM LAND
USE REGULATIONS IN THE AREA BOUNDED ON THE EAST BY RAINIER ST, ON
THE SOUTH BY SIMS WAY, ON THE WEST BY DISCOVERY RD AND ON THE
NORTH BY 10TH STREET, AND PROVIDING THAT THE INTERIM
REGULATIONS, UNLESS EXTENDED, WILL SUNSET ON THE EARLIER OF SIX (6)
MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE OR THE
ADOPTION OF REGULATIONS THAT SUPERSEDE THIS ORDINANCE
RECITALS:
A. The City Council enacted Ordinance 3111 on July 7, 2014, adopting interim standards for
the affected area. These interim regulations expired January 8, 2015.
B. On September 15, 2014, Council enacted Ordinance 3116. This ordinance amended
Ordinance 3111 as it related to office uses in the affected area. It did not extend the
effective date of Ordinance 3111.
C. On September 18, 2014, the City of Port Townsend was awarded a CERB Planning Grant
to conduct an economic feasibility study on the Howard Street Corridor. One of the pre-
contract requirements is for the City to have a consultant selected and on contract. The
City solicited proposals and selected E.D. Hovee & Company LLC to conduct the study
("Hovee Study").
D. On December 8, 2014, the City Council adopted Ordinance 3124. That Ordinance extended
the Interim Regulations until July 8, 2015 or until regulations affecting the area were
adopted. Council adopted that ordinance in order to allow the City to receive and integrate
the findings into the regulations for this area.
E. The City received the Hovee Study on March 23, 2015 at a Joint City Council/Planning
Commission Workshop. The study showed that the requirements provided for in the
interim regulations for the Howard Street Corridor will prevent non -supportive uses from
developing along the corridor.
F. Because of the findings in the Hovee Study, and because of the ongoing work on the 2016
periodic Comprehensive Plan update, Council adopted Ordinance 3130 on June 15, 2015,
extending the interim regulations until January 7, 2016 to allow the findings in the Hovee
study to be integrated into the update process to see if the update process results in changes
to the uses in the Howard Street corridor.
G. On June 6, 2016, Council adopted Ordinance 3150 providing a fourth six-month extension
of the interim regulations to allow the recommendations of the Hovee Study to be
considered as part of the periodic update.
Ordinance 3225
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H. On October 3, 2016, Council adopted Ordinance 3154, Relating to Comprehensive
Planning - Adopting the 2016 GMA Periodic Update to the Comprehensive Plan,
Amending the Comprehensive Plan, and Amending Titles 17 and 18 of the Port Townsend
Municipal Code in Connection Therewith. Findings from the Hovee Study were integrated
into the updated Comprehensive Plan.
I. In July 2016, the City retained two temporary employees with the goal of identifying
barriers to desired development in the Howard Street and Sims Way Corridor. The team is
to explore barriers in terms of land use, financing and work force. Findings will be used to
inform the development of a subarea plan for this area.
J. On December 5, 2016, Council adopted Ordinance 3163 extending for a fifth time the
interim regulations during the consideration of the subarea plan.
K. On June 5, 2017, the interim regulations expired.
L. On July 10, 2017, Council adopted Ordinance 3176, which re-enacted the amendments to
the use table, but did not re-enact the "super -setback" originally adopted because the
alignment for the Howard/Rainier Street Corridor has been finalized. The interim
regulations adopted in Ordinance 3176 expired January 8, 2018.
M. On December 4, 2017, Council adopted Ordinance 3192 extending the interim regulations
for an additional 180 days to allow staff to continue to work on the subarea plan.
N. On May 21, 2018, Council adopted Ordinance 3202 extending the interim regulations for
an additional 180 days to allow staff to continue the work on the subarea plan.
O. On November 19, 2018, Council adopted Ordinance 3214 extending the interim regulations
for an additional 180 days in order for staff to complete the subarea plan.
P. Since adoption of Ordinance 3214, work on the subarea plan has continued but has not
been completed. City staff has been working with the consultant team (AHBL) to refine
the subarea plan concepts and to finalize the draft zoning district and development code
regulations. Updates have been provided during workshops with both City Council and the
Planning Commission.
Q. This Ordinance expands the scope of the interim regulations consistent with the subarea
plan that is currently scheduled for public hearings before the Planning Commission and
the City Council. This will allow for development consistent with the subarea plan.
R. RCW 35A.63.220 relating to Code cities like Port Townsend and 36.70A.390, a section of
the Growth Management Act (Ch. 36.70), both authorize the City to adopt interim
regulations to preserve the status quo while new plans or regulations are considered and
prepared. It also allows interim regulations to be adopted immediately, if a subsequent
public hearing is held and findings of fact are adopted within 60 days of the adoption of the
interim regulations.
Ordinance 3225
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NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section 1 The Port Townsend Municipal Code Chapter 17.22 is amended by adding a
new section 17.22.025 per Exhibit A.
Section 2. The Port Townsend Municipal Code Title 17 is amended by adding a new
chapter, 17.3 1, per Exhibit B.
Section 3. The Port Townsend Municipal Code 17.12.030, Official Zoning Map, is
amended per Exhibit C.
Section 4. Severability., If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
Section 5. Publication, This Ordinance shall be published by an approved summary
consisting of the title.
Section 6. Effective Date and Duration. This Ordinance shall take effect and be in full
force and effect five days after publication. The duration of this Ordinance is 180 days, unless
extended, and shall terminate earlier on adoption of an ordinance by the City Council that
replaces this Ordinance.
Section 7. Findings. The City Council adopts the above recitals as findings in support of
this Ordinance.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 3rd day of June 2019.
Det)ral Stinson
Mayor
Attest.,
Approved as to Form:
OV
�r
n
Joanna Sanders, MMC l leidl rCellw ocl
City Clerk City Attorney
Ordinance 3225 Exhibit A
Exhibit A
Chapter 17.22.025 Makers/Artisan District
17.22.025(A) DEFINITIONS
A. The following definitions supplement or supersede the definitions in Chapter 17.08 PTMC to the use
tables applicable to the Makers/Artisan District.
"Agriculture" means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming,
pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental
thereto except small animal husbandry on a noncommercial scale. Agriculture also includes accessory
agricultural structures such as storage, warehousing, and distribution buildings.
"Alcohol beverage production or processing." See "Microbrewery", "Microdistillery" and "Microwinery".
"Artisan production" means a use in which nonfood, finished, personal or household items, which are
either made to order or which involve considerable handwork, are produced. Examples include but are not
limited to pottery and candle making, leather work, creation of sculpture and other art work, and
glassblowing. High -impact uses shall not be considered custom art and craft work.
"Automobile and boat sales" means a business primarily engaged in the sale of new and used autos,
trucks, motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, motorboats, sailboats, and
the like. Automotive and boat sales may also include establishments that provide for the sale of these
vehicles and boatcraft as well as some minor or major repair, paint and body work.
"Bank/Financial Services" includes, but is not limited to savings and loans, credit unions, and other
depository institutions; banks and trust companies, credit agencies, investment companies, brokers and
dealers of securities and commodities. Does not include check -cashing stores.
"Correctional facility" means prisons, jails and other correctional facilities, which are also defined as
"Essential public facilities" and regulated in accordance with RCW 36.70A.200.
"Day Care Centers and Preschools" means a building or structure in which an agency, person or persons
provides developmentally appropriate care, protection and supervision of children that is designed to
promote positive growth and educational experiences for children outside of their home for periods of
less than 24 hours a day, as currently and hereafter defined in WAC 170-296-0020 as amended. Day Care
Centers and Preschools include preschools (not state -licensed) and child day care centers that are
regulated by the Washington State Department of Early Learning, as presently defined and hereafter
amended (WAC 170-295-0010 and 170-296-0020). As used in this title, the term is not intended to include
babysitting services of a casual, nonrecurring nature or in the child's own home. Likewise, the term is not
intended to include cooperative, reciprocal child care by a group of parents in their respective homes.
"Dwelling, live/work" means an establishment that includes a dwelling unit and an area for nonresidential
activity by the unit resident(s). Live/work dwelling units may be considered multifamily OR single-family
attached based on the unit design. The entire unit is considered a residential use.
Page 2 of 8
"Eating or Drinking Establishment" means an establishment where food and drink (including alcoholic
beverages) are prepared, served and consumed primarily within the principal building. Eating or drinking
establishments include, but are not limited to restaurants providing sit-down, drive-in or fast-food service,
as well as businesses engaged in the retail sale of alcoholic beverages including bars, night clubs and
taverns. Catering establishments where food is prepared on the premises for serving elsewhere are also
included in this definition.
"General Production" means manufacturing of products from extracted or raw materials, recycled or
secondary materials, or bulk storage and handling of such products and materials. This classification
includes, but is not limited to: food, beverage and tobacco product manufacturing; textile mills; textile
product mills; apparel manufacturing; leather and allied product manufacturing; wood product
manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products
manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing;
primary metal manufacturing; and fabricated metal product manufacturing
"General retail" means stores and shops intended to serve the city as destination retail rather than
convenience shopping. Examples of these stores and lines of merchandise include, but are not limited to:
Art galleries; art supplies, including framing services; bakeries, confectionaries, artisan cheese makers;
books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories;
collectibles (cards, coins, comics, stamps, etc.); drug stores and pharmacies; dry goods; fabrics and sewing
supplies; furniture and appliance stores; grocery stores; hobby materials; home and office electronics;
jewelry; luggage and leather goods; musical instruments; parts; accessories; small wares; specialty shops;
sporting goods and equipment; stationery; toys and games; variety stores; videos, DVDs, records, and
CD's, including rental stores. Does not include Sexually Oriented Businesses as defined in Port Townsend
Municipal Code 17.08.060.
"Home Day Care" means a facility licensed to provide direct care, supervision and early learning
opportunities for 12 or fewer children at any one time, in the home of the licensee where the licensee
resides and is the primary provider, as presently defined and hereafter amended (WAC 170-296-0020).
"Limited Production" means manufacturing of finished parts or products, where articles are either
produced, assembled, finished and/or packaged from prepared materials made at another location, or raw
materials, such as premilled wood, paper, wool, textile, leather, cork or semiprecious or precious metals or
stones. This classification includes but is not limited to: assembly of clocks; clothing assembly; medical
equipment manufacturing; sports equipment manufacturing; building construction yards; computer and
electronic product manufacturing; furniture and fixture manufacturing; electrical equipment and
component manufacturing; and other uses as determined by the Director of Development Services. For
the purpose of this definition, limited production shall include canning or bottling of food or beverages
for human or animal consumption using a mechanized assembly line food manufacturing.
"Lodging" means an establishment used for the purpose of lodging transient guests. Lodging may be in
the form of a bed and breakfast, inn, hotel, motel, or tourist home.
"Marijuana production or processing" see "Marijuana processor" and "Marijuana producer"
"Meeting facilities" means a facility for public or private meetings, including, but not limited to:
community centers; civic and private auditoriums; grange halls; union halls; meeting halls for clubs and
other membership organizations, etc. Also includes functionally related internal facilities such as kitchens,
multi-purpose rooms and storage. Does not include conference and meeting rooms accessory and
incidental to another primary use and which are typically used only by on-site employees and clients and
Ordinance 3225 Exhibil A
Page 3 of'8
occupy less floor area on the site than the offices they support. Does not include: cinemas; performing
arts theaters; indoor commercial sports assembly or other commercial entertainment facilities. Related on
site facilities such as day care centers and schools are separately defined and regulated.
"Microbrewery" means a combination retail, wholesale and manufacturing business that brews and serves
beer and/or food on the premises. This definition also includes structures such as storage, warehousing,
and distribution buildings.
"Microdistillery" means a combination retail, wholesale and small-scale artisan manufacturing business
that produces and serves alcoholic spirits and/or food on the premises. This definition also includes
structures such as storage, warehousing, and distribution buildings.
"Microwinery" means a combination retail, wholesale and small-scale artisan manufacturing business that
produces and serves wine and/or food on the premises. This definition also includes structures such as
storage, warehousing, and distribution buildings.
"Parking facility, private" means parking lots or structures accessory to a residential building and that is
used for the parking and storage of vehicles owned and operated by the residents thereof, and that is not
a separate commercial enterprise available to the general public.
"Parking facility, public" means parking lots or structures operated by the City or a private entity providing
parking to the general public either for free or for a fee. Does not include towing, impound or storage
facilities.
"Personal services" means establishments primarily engaged in providing services involving the care of a
person including, but not limited to: barber and beauty shops; clothing rental; dry cleaning pick-up stores
with limited equipment; home electronics and small appliance repair; laundromats (self-service laundries);
locksmiths; massage (licensed, therapeutic, non -sexual); nail salons; pet grooming with no boarding; shoe
repair shops; tailors; and tanning salons. These uses may also include accessory retail sales of products
related to the services provided
"Printing and publishing" means printing by letterpress, lithography, gravure, screen, offset, or
electrostatic (xerographic) copying and other establishments serving the printing trade such as
bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes
establishments that publish newspapers, books and periodicals and establishments manufacturing
business forms and binding devices. Quick printing services including shops specializing in printing small
jobs for business clients or the general public, such as photocopying, offset printing, or screen printing of
documents, announcements, business cards, or the like are also included in this definition.
"Recreational and cultural facility" means facilities designed and equipped for recreation or leisure -time
activities. These facilities may be open to the general public and operated by a municipal corporation or
not-for-profit organization, or operated as a business. These include, but are not limited to parks,
playgrounds, sports fields, beaches, boat or yacht clubs, swimming pools, carousels, athletic clubs, golf
and country clubs, theaters, bowling alleys, museums, aquariums, public and private recreational
concessions, miniature golf, archery ranges and amusement activities such as coin or token -operated
machines, rides, or booths to conduct games.
"Religious assembly" means an establishment for religious worship and other religious ceremonies
including religious education, rectories and parsonages, offices, social services, columbaria and
community programs.
Ordinance 3225 Exhibit A
Page 4 of 8
"School: Public or Private" means a place for systematic instruction in any branch or branches of
knowledge, including elementary, junior, and senior high schools, whether public, private or parochial, as
well as those that instruct pupils in arts, crafts or trades, but not including fraternity and sorority houses.
"State or Regional Transportation Facilities" means transportation facilities defined as "Essential public
facilities" and regulated in accordance with RCW 36.70A.200.
Ordinance 3225 Exhibit A
Page 5 of 8
Table 17.22.O25(B)
Makers/Artisan District
Permitted, Conditional and Prohibited Uses
Key to table:
Industry, Manufacturing &
Process*
si1111....
Artisan Production
........................ .........1111 -
P ---------- — --------------------------------------------------------------
------------------ ------ -.-..
General Production, except with
X
Marijuana Production or
any of the following features:
applicable regulations
Processing must
Freezer plants, food mills
X
demonstrate
and fertilizer production
compliance with the
Marijuana Production or
P
standards found in the
Processing
in Chapter 17.08 PTMC.
Seafood Processing
X
Transportation Equipment
X
Manufacturin and Assembl
-- ...........--.......------------�................................................................................. !--- ------------------------
---__....----------- 111.
.... ......r . ..........
.......���.�..�....... ..
�.------- .w..,..�....�.........�.............. ...........
Limited Production, except with
P.....�..�.............�.�.�........�..�..�..�..
any of the following features:
Automobile wrecking yards
X
Boat building and related
P
products manufacture
Building construction yards
X
and offices occupying more than
10,OOOsf total area
------------------ __1111..
_ .1.........111
................................... ............ ..r. ....... ............. . r ,. ,
Printing and Publishing
P
General Retail, individual tenant P
Formula Retail
spaces up to 10,000-sf
Establishments refer to
General Retail, individual tenant C
Chapter 17.54 PTMC for
spaces over 10,000-sf
applicable regulations
Specialty Retail P
and definitions.
Key to table:
P = Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X =
Prohibited; N/A
- Not applicable
Eating or Drinking
P
Establishment, except with any
of the following features:
Commercial Kitchen
P
Drive -Through Services
X
Formula Restaurants
X
MicrobreweriesP
...........................
.............................................................
.._.......
Wholesa.Le....e.Xc.e....,t.,with an of
p Y
the following features
Wholesaling of Goods Not
X
Produced on the Premises
.....Services...�........�.�m..��W�....�..................................................................
_...........................................................................�_�......�...................................................����.....-.-.-...
,........,.�...�....
_....._ _ ..w __ ......._ ..... u_ _ ....... __ .....
- -------------- --_ -
------ _............ -.111-11-11---111 . . . . ..... .
Automotive Sales and Service
X
......................... .
Boat Sales and Service
P
Day Care:
Refer to Chapter 17.52
Home Daycare
P
PTMC, Child Care
Day Care Centers and
C
Facilities; Home Day
Preschools
Care permitted only
Residential Treatment Facilities
P
when occurring in the
residence where the
primary provider lives,
see definition in
Chapter 17.08 PTMC.
Lodging, except with the
P
following features:
Hotels/motels/hostels
P
Tourist Homes
X
Equipment Rental and Repair
X
111111111 --111--111111..........................................
_.,......... ........................ .... ,
Storage and Warehousing:
Boat Storage
X
Mini -Storage
X
Warehousing and Freight
X
Distribution
Offices:
Medical
P
Professional
P
Government
P
Recreation, Education, Public
Assembl
Adult Entertainment Facilities
___ _
X
-
------------ ----- ............... ............ .------------------------------------------- -------------,.....
Recreational or Cultural Facility:
< S,OOOsf
P
> S,OOOsf
C
Key totable:
P ~ Permitted outright; M = Permitted if marine ne|ated;C ~ Subject to conditional use pemnit;X =
Prohibited;
applicable
id rAs:
Fanne/oK4arketP
Transportation,
Communications,
Infrastructure
Essential Public Facilities, except
[
with any ofthe following
features:
Airports and heliports
X
Correctional Facility
X
State orRegional Transportation
[
Facilities
Public Utility, except with the
P
following features:
Electrical Distribution
[
Substations
Radio and Television Towers
[
Solid Waste and Recycling
X
Facilities
Water and Wastewater
[
Treatment Facilities
Personal Wireless Service
N/A
Refer toChapter 17J8
PTMC'Persono|
Wireless Service
Facilities, for list of
permitted, conditional
and prohibited uses and
other substantive
requi.rements.
Accessory
i|di
Electric Vehicle Infrastructure,
P
except with the following
features:
Battery Exchange Stations
X
Not Combined with Vehicle
Sen/ices
Agriculture
P
Agriculture isallowed if
itisincidental tothe
principal use and
located onthe same lot
asthe principal use or
on|ot(s)contiguous to
a lot onwhich the
principal use islocated.
Key to table:
P = Permitted outright; M = Permitted if marine related; C = Subject to a conditional use permit; X =
Prohibited; N/A - Not applicable
WC s
Agricultural uses
excludes small livestock
farming, pasturing,
grazing, poultry,
dairying and/or animal
husbandry. Marijuana
production is not
allowed as an incidental
use.
17.22.025(C)
Bulk, dimensional and density requirements.
1. The standards contained in PTMC 17.22.030 apply unless otherwise modified by this Chapter.
2. The maximum building height within the Makers/Artisan District is 50 feet.
3. Commercial and mixed-use developments in the Makers/Artisan District are subject to Chapter 17.44 -
Commercial and Mixed Use Architectural and Site Design Standards.
4. Multifamily projects in the Makers/Artisan District are subject to Chapter 17.36 - Multifamily Residential
Development Standards.
Ordinance 3225 Exhibit B
Page 1 of 2
Exhibit B
Chapter 17.31
COMMERCIAL FOCUS OVERLAY DISTRICT
Sections:
17.31.010 Purpose.
17.31.020 Boundaries of district — Commercial focus overlay districts.
17.31.030 Development standards.
17.31.040 Application of regulations.
17.31.010 Purpose.
The purpose of this chapter is to establish a "commercial focus overlay district" wherein permitted
commercial uses of the underlying zone are required for ground floors of buildings fronting designated
streets within the boundaries of the district.
17.31.020 Boundaries of district — Commercial focus overlay districts.
A. The boundaries of the commercial focus overlay district are depicted on the official zoning map.
17.31.030 Development standards.
The following development standards apply to structures within the commercial focus overlay and are not
intended to preclude other provisions of this title which may also apply. Specifically, the provisions of any
underlying zoning district, Chapter 17.44 PTMC Commercial and Mixed Use Architectural Site Design
Standards and Chapter 17.72 PTMC, Off -Street Parking and Loading shall apply to all uses.
A. Uses permitted. One or more of the following uses, as permitted in the underlying zone, shall be
required to occupy a minimum of 75% percent of any building's the ground floor linear frontage along
an arterial or collector roadway within the boundaries of this overlay district:
1. Retail, excepting wholesale retail uses.
2. Service, excepting mini -storage and vehicular services uses.
3. Artisan Production
4. Dwelling, Live/Work.
B. Building setback standards. The following setback standards apply to building portions within the
Commercial Focus Overlay District. These setback allowances may supersede setback standards
established in the underlying zone.
1. No minimum front setbacks are required.
� s t
The maximum building setback shall be 20 -ft. Buildings may be setback further to avoid trees,
utilities, easements, and similar features. Buildings may be setback further to allow for an outdoor
plaza, courtyard or similar feature.
C. Minimum fagade requirements along streets.
1. Arterial and Collector Streets. Buildings/structures shall occupy a minimum of 75% of the site
frontage along an adjacent arterial or collector roadway within overlay district boundaries.
2. Local Streets. Buildings/structures shall occupy at least 50% of the site frontage along an adjacent
local street within overlay district boundaries.
3. Alleys. These standards do not apply to alleys.
Parking. Parking and auto access shall be located to the side and rear of the structure, and on corner
lots, location preference shall be away from the primary street front. Parking location shall be in
accordance with the building specific standards of the underlying zone, Chapter 17.44 PTMC, and
Chapter 17.72 PTMC.
17.31.040 Application of regulations.
All properties located within the commercial focus overlay district shall be subject to both the underlying
zone classification and to the requirements established in the commercial focus overlay district. Where the
provisions of the commercial focus overlay district conflict with the provisions of an underlying zone or
other provision of this Title, the more restrictive limitation shall apply.
Ordinance 3225 Exhibit C