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HomeMy WebLinkAbout2726 Boat Haven Height Overlay District - Marine Related and Manufacturing Zoning DistrictOrdinance No. 2726 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER TABLE 17.22.030 MARINE-RELATED AND MANUFACTURING ZONING DISTRICTS - BULK, DIMENSIONAL AND DENSITY REQUIREMENTS AND CREATING A NEW CHAPTER 17.27 BOAT HAVEN HEIGHT OVERLAY DISTRICT, TO THE PORT TOWNSEND MUNICIPAL CODE, TO PERMIT A LIMITED NUMBER OF BUILDINGS OVER 50 FEET IN HEIGHT IN THE NORTHWEST PORTION OF M-II(A) BOAT HAVEN MARINE RELATED AND MANUFACTURING ZONING DISTRICT SECTION 1. FINDINGS 1. After public review and a recommendation from the Planning Commission, Chapter 20.04 PTMC, The Port Townsend Comprehensive Plan and Development Regulations Amendment Process," was adopted by the Council on December 16, 1996 (Ordinance No, 2559) to implement the Growth Management Act (GMA) requirement to establish procedures for plan and development regulation amendments (§§36.70A.130 and 36.70A.470 RCW). All findings recitals and other provisions of Ordinance No. 2599 are incorporated herein by this reference; and 2. After public review and a recommendation from the Planning Commission, the City's current Zoning Code (Title 17 PTMC) was adopted by the Council on April 7, 1997 (Ordinance No. 2571), to comply with the GMA and to implement the Port Townsend Comprehensive Plan (the Plan). All findings, recitals and other provisions of Ordinance No. 2571 are incorporated herein by this reference; and 3. After public review and recommendation fi'om the Planning Commission, the first series of amendments to the text and tables and zoning map of Title 17 PTMC were adopted by the Council on December 7, 1998 (Ordinance No. 2670), consistent with the requirements of Chapter 20.04 PTMC and the GMA (§§36.70A. 130). All findings, recitals and other provisions of Ordinance No. 2670 are incorporated herein by this reference; and 4. After public review and recommendation from the Planning Commission, the second series of amendments to the text and tables and zoning map of Title 17 PTMC were adopted by the Council on June 21, 1999 (Ordinance No. 2700), consistent with the requirements of Chapter 20.04 PTMC and the GMA (§§36.70A. 130). All findings, recitals and other provisions of Ordinance No. 2670 are incorporated herein by this reference; and 5. Chapter 20.04 PTMC establishes a process for consideration of amendments to the text and tables of the Zoning Code, at any time, at the request of the Council, Planning Commission, or Building and Community Development Department staff, PROVIDED that such amendments are consistent with the Plan text and Official Land Use Map (§20.04.090 PTMC). The process codified December 13, 1999 in Chapter 20.04 PTMC for such code amendments provides opportunities for meaningful public comment on the proposed amendments after effective notice consistent with the requirements of the GMA (§§36.70A.035, 36.70A130, and 36.70A. 140 RCW); and 6. Section 17.22.030 PTMC provides bulk, dimensional and density requirements for the Marine-Related and Manufacturing Zoning Districts. On April 7, 1997 the maximum building height in the M-II(A) Boat Haven, Marine Related Uses district was increased from 35 feet to 50 feet outside the jurisdiction of the Shoreline Master Program to accommodate the larger buildings needed to serve the marine trade businesses in Boat Haven (Ordinance No. 2571); and 7. On August 20, 1999 the Port of Port Townsend submitted a zoning code text amendment to create a height overlay district within the Boat Haven M-II(A) Marine Related Uses Zoning District (LUP99-72). The amendment proposed the creation of a limited area within the northwest comer of Boat Haven for the construction of buildings exceeding the 50 foot maximum building height in the M- II(A) district. The proposal was revised by the Port on October 4, 1999 to reduce the overlay district area to 5.6 acres within which a maximum of 20% of the area could be utilized for buildings higher than 50 feet, but not to exceeding 78 feet in height. The office of Building and Community Development (BCD) jointly initiated the proposed amendment and assisted in the drafting of the proposed amendment and subsequent revisions; and 8. The responsible official has conducted environmental review of the proposed zoning code text amendments under the State Environmental Policy Act (SEPA), RCW 43.21C and made a determination of nonsignificance and published notice of such in the official city newspaper on October 6, 1999, for which the comment and appeal period ended on October 21, 1999. No SEPA appeals were filed during this period. A SEPA Addendum was issued for this DNS on November 5, 1999; and 9. Platypus Marine, Inc., a prospective Boat Haven tenant, and the Port of Port Townsend were required to prepare a visual analysis involving raising a lift to simulate the height of a building constructed to 79 feet in height on the west side of the Boat Haven height overlay district to simulate the view impacts that would be caused by allowing increased building heights in this portion of the Port and a specific building proposed by Platypus Marine, Inc.; and 10. The City solicited comments from affected agencies and property owners within 600 feet of the proposed zoning code height amendment and received and considered oral or written comments from residential property owners in the vicinity; and 11. On September 9th and October 14th the Planning Commission held public workshops on the proposed zoning code text amendment; and December 13, 1999 2 Ord. 12. On October 28, 1999, the Planning Commission held a duly noticed public hearing on the proposed zoning code text amendment during which presentations were made by staff, the applicant, and significant testimony was submitted by the public; and 13. On November 10, 1999, the Planning Commission held a continued public hearing to accept new testimony and deliberate on the proposal; and 14. At the conclusion of the November 10, 1999 public hearing the Planning Commission recommended that the proposed zoning code text amendment be approved, with the modification that the maximum building height within the height overlay district be reduced to 62 feet; and 15. On November 22, 1999, the City Council held a duly noticed public hearing on the ordinance during which the recommendation of the Planning Commission was presented and additional presentations were made by staff, the applicant, prospective and existing Boat Haven marine tenants, and the public. The City Council closed the public testimony portion of the public hearing and requested additional information from staff to be heard at a continued public hearing; and 16. On December 6, 1999, the City Council held a continued public hearing and BCD staff and the applicant presented oral, written, and visual responses to these questions. During this hearing, BCD staff presented a modification to the text amendment proposal which incorporated a volumetric component into the text amendment; and 17. The modification would permit a total building volume for those portions of buildings above 50 feet in height equivalent to constructing buildings on a maximum of 20% of the 5.6 acres (for a total of 1.12 acres or 48,787 square feet) to a height of 65½ feet. This volume calculation closely approximates the recommendation of the Planning Commission (development of 20°/3 of the 5.6 acres to a height of 62 feet). To provide the Port of Port Townsend with the flexibility to meet future tenant needs, the modification allows 756,198.5 cubic feet of building volume over 50 feet to be utilized for buildings up to 75 feet in height. However, because the building volume is fixed, and smaller buildings consume less volume, the Port of Port Townsend is provided an incentive to encourage smaller and shorter buildings therefore limiting view impacts to surrounding residents; and 18. The City's Planning Commission and City Council have undertaken a deliberative process to establish policy, standards and procedures related to the location and siting of the Boat Haven height overlay district; and 19. The City Council finds that the circumstances related to the Boat Haven enhanced haulout area have substantially changed since the adoption of the Port Townsend Comprehensive Plan in 1996 and the Zoning Code, PTMC Title 17 in 1997 in that the 300 ton heavy haul out is now in service cannot efficiently and safely enter and exit buildings 50 feet or less in height; and December 13, 1999 3 Ord. 20. The City Council finds that the assumptions upon which the 50 foot maximum building height for the M-II(A) Boat Haven Marine Related Use district was based upon are no longer valid, that new information is available that was not considered during the 1996 Comprehensive Plan and the 1997 Zoning Code, PTMC Title 17 adoption processes,, and that new information is available which indicates the heavy haulout travel lift requires buildings over 50 feet tall for safe and efficient use indoors; and 21. The proposed zoning code text amendment reflects current widely held community values to promote the economic development of the marine trades industry in Port Townsend and the efficient use of existing infrastructure within the Boat Haven; and 22. The height, volume, and area where buildings over 50 feet in height may be constructed under the proposed text amendment have been significantly reduced from that proposed by the original Port of Port Townsend text amendment to address neighborhood concerns about view impacts and building compatibility with surrounding uses; and 23. The M-II(A) Boat Haven Marine Related Uses district accommodates a variety of uses including marina, recreational boating, manufacturing, assembly, haul out, and repair. This district is intended for larger scale and more intensive water-dependant or marine related uses. It is reasonable to assume that the large boats, yachts, and ships serviced by the Boat Haven will require some large buildings to allow indoor construction, maintenance, and repair. The proposed text amendment does not allow a change of use in the height overlay district; and 24. The Boat Haven height overlay district lies greater than 200 feet from the ordinary high water mark of Port Townsend Bay and is outside the jurisdiction of the Shoreline Master Program. The proposal also lies outside the 50 foot vegetated buffers established to protect nearby category III wetlands which were delineated as part of the 1994 final EIS for the Port of Port Townsend enhanced haulout facility; and 25. The Port Townsend Gateway Development Plan (1993) provides recommendations for streetscape improvements as well as general development guidelines for projects adjacent to Sims Way. The Gateway Plan found that views of the bay along this section of the Gateway corridor create a significant and lasting impression for visitors traveling eastbound into Port Townsend. Among the recommendations made by the Gateway Plan to enhance these views was the limiting of heights of buildings between Sims Way and the bay. The Planning Commission and City Council considered these Gateway recommendations when deliberating on the proposed text amendment. The proposed height overlay district would obscure some views of the shipyard but would not block potential views of the bay as identified by the Gateway Plan (page 63, Viewpoints and View Corridors); and 26. Table IV-1 contained in the Land Use Element of the Comprehensive plan, page IV-14, provides suggested uses, densities and building heights for the M-II(A) Boat Haven Marine Related Use December 13, 1999 4 Ord. district and recommends a maximum building height of 50 feet for the M-II(A) district. However, this table specifically notes that it is intended only to provide information and guidance in the preparation of revisions to the Zoning Code and is not mandatory. The information in Table IV-1 was not intended to be prescriptive and variations from the guidelines in Table 1V-1 do exist in the adopted zoning code; and 27. The City Council finds that the establishment of the Boat Haven height overlay district assists in the implementation of the Economic Development Strategy contained in the Comprehensive Plan which calls for appropriately located and zoned vacant land and additional Port infrastructure to serve larger and increased numbers of boats and calls for the City to play a key role in encouraging the marine trades economy (Comprehensive Plan, pages vm- 11 - viii- 12);'and 28. The City Council finds that a limited number of buildings of a fixed total volume exceeding 50 feet in height are necessary to "ensure the viability of long-term marine uses" in the Port of Port Townsend Boat Haven shipyard consistent with Plan policy 9.8 of the Land Use Element; and 29. The City Council finds that the proposed amendment is consistent with the goals, policies and objectives of the various elements of the 1996 Port Townsend Comprehensive Plan; and 30. Conducting boat and ship building, maintenance, and repair work indoors has advantages over outdoor work through insulating against noise emissions, by allowing the control of atmospheric conditions to allow high quality work despite weather conditions, and by containing the release of potentially hazardous materials through spray drift or material spillage; and 31. The City Council finds that the zoning code text amendment limits the area within Which buildings taller than 50 feet may be constructed (approximately 5.6 acres), locates the overlay district near high bluffs and away from the shoreline to limit view impacts to neighboring properties, sets a maximum roof slope for pitched roof buildings (2:12 maximum roof pitch), requires exterior materials to be non-refiective and of earth tone color shades, limits the maximum building height to 75 feet, and limits the maximum volume of enclosed building space above 50 feet (756,200 cubic feet) to reduce potential visual impacts to public and private views; and 32. Consistent with the requirements of the GMA, Building and Community Development Department staff forwarded the proposed amendments to the Zoning Code to the State of Washington Department of Community Trade and Economic Development (DCTED) for review and comment prior to October 8, 1999, more than 60 days prior to the adoption of this ordinance (§36.70A. 106). No substantive comments were received from DCTED prior to the adoption of this ordinance. 33. The Council finds that adoption of the following amendments to the text and tables of Title 17 PTMC will promote the public health, safety and welfare of the citizens of Port Townsend and should be approved. December 13, 1999 5 Ord. ~ '7 o2 b, BASED UPON the foregoing FINDINGS, and based upon the record before the Port Townsend Planning Commission and City Council, the City Council hereby ordains as follows: SECTION 2: ADOPTION OF AMENDMENTS TO TABLE CONTAINED IN SECTION 17.22.030 OF TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE. Section 17.22.030, Bulk, dimensional and density requirements, Chapter 17.22 Marine-Related and Manufacturing Zoning Districts, of the Port Townsend Municipal Code is hereby amended to read as follows: 17.22.030 Bulk, dimensional and density requirements. ,~ The standards contained in Table 17.22.030 apply to all marine-related and manufacturing zoning districts, and shall be determined to be minimum requirements, unless stated as maximum by this title. B. Setbacks and Minimum Yard Requirements. Notwithstanding any other ordinance or provision of this title, all setbacks (yard requirements) shall be measured from the lot line to the building line, as defined in Chapter 17.08 PTMC; provided, however, that the roof or eaves of a roof of a building may extend beyond the building line a maximum distance of two feet into the applicable minimum yard area. C. Construction and Permits. From and after the effective date of the ordinance codified in this section, no building permit shall be issued and no building shall be constructed on any tract, lot or site in the city unless the building is situated on such tract, lot or site in conformance with the requirements of this title and any other applicable provision of law. Table 17.22.030 Marine-Related and Manufacturing Zoning Districts - Bulk, Dimensional and Density Requirements DISTRICT M/C MI MIl(A) MIl(B) Mill MINIMUM LOT 5,000 sf 5,000 sf 5,000 sf 5,000 sf 5,000 sf SIZE MINIMUM FRONT 10' 10' None None 20' YARD SETBACKS MINIMUM REAR 10' 10' None None 20' YARD SETBACKS December 13, 1999 6 Ord. MINIMUM SIDE 5' each side 5' each side None None 15' each side YARD SETBACKS MAXIMUM 35' 35' 50' or as st~ecified 35' 50' BUILDING HEIGHT bv Chamer 17.27, Boat Haven Heiv. ht Overlay District MAXIMUM FLOOR 2 sfofgross 2 sfofgross 2 sfofgross floor 2 sfofgross 1 sfofgross AREA RATIO floor area per floor area per area per I sfof floor area per floor area per I sf of lot 1 sf of lot lot 1 sf of lot 1 sf of lot MAXIMUM FENCE Front = 8' Front = 4' Max. bldg. height Max. bldg. Front =10' HEIGHT Side = 8' Side = 8' applies height applies Side =10' Rear = 8' Rear = 8' Rear = 10' SECTION 3: ADOPTION OF A NEW CHAPTER 17.27 BOAT HAVEN HEIGHT OVERLAY DISTRICT, TO TITLE 17, ZONING, OF THE PORT TOWNSEND MUNICIPAL CODE. A new Chapter 17.27, Boat Haven Height Overlay District, to Title 17, Zoning, of the Port Townsend Municipal Code is hereby adopted and shall readas follows: Chapter 17.27 BOAT HAVEN HEIGHT OVERLAY DISTRICT Sections: 17.27.010 Purpose 17.27.020 Boundaries of district 17.27.030 Maximum building height in overlay district 17.27.040 Building permit applications - volume documentation and Port of Port Townsend consent 17.27.050 Design standards for buildings exceeding 50 feet in height 17.27.060 Application of regulations 17.27.010 Purpose. The purpose of this chapter is to establish a "Boat Haven height overlay district" to allow a limited area of the Port of Port Townsend Boat Haven property zoned M-II(A) to be developed with structures exceeding 50 feet in height to accommodate the large vessels transported by the Port's enhanced haulout travel lffi while minimizing the impact to surrounding public and private views. 17.27.020 Boundaries of district. The Boat Haven height overlay district is located in the northwest portion of Boat Haven, near Sims Way and the bluffs, and is legally described as follows: December 13, 1999 7 Ord. Eisenbeis Addition, Block 11, Lots 1 - 13; also the east ½ of vacated Kuhn Street adjacent thereto; and The south ½ of vacated 10th Street lying west of Kuhn Street and east of Sims Way; and Eisenbeis Addition, Block 18, Lots 1 - 14 and 19 - 32, also the west ~/5 of vacated Kuhn Street and the east ½ of vacated Landes Street adjacent thereto; and Eisenbeis Addition, Block 32, Lots 1 - 14, also the west ½ of vacated Landes Street, excluding right-of-way for Sims Way. All located in the City of Port Townsend, Jefferson County, WA. 17.27.030 Maximum building height and building volume in overlay district. The maximum building height and building volume in the Boat Haven height overlay district shall be determined as follows: A. Maximum building height shall be measured as defined by PTMC section 17.08.020, "building height." B. Any building may be constructed to a maximum building height of 50 feet with no building volume limitations. C. A limited number of buildings may be built higher than 50 feet but shall not exceed a maximum building height of 75 feet. Those portions of all the buildings in the overlay district which exceed 50 feet in height shall not exceed a maximum volume of 756,200 cubic feet. This volume shall be measured from the outside dimensions of the exterior wall and exterior roof surface. The following building elements will not be included in the volume calculation: 1. Any portion of the structure below 50 feet in height; 2. Mechanical elements including venting, chimneys, or other exterior mechanical equipment; and, 3. Crane beams, exterior roof tresses, or other structural elements that extend outside the fabric of the buildings roof, walls, or doors. 17.27.040 Building Permit Applications - Volume Documentation and Port of Port Townsend Consent. P~ The office of Building and COmmunity Development (BCD) will maintain a running balance of the volume remaining for construction exceeding 50 feet in height in the overlay district. December 13, 1999 8 Ord. B, Applications for building permits for buildings exceeding 50 feet in height shall include the following information: 1. A calculation of the building volume above 50 feet in height as specified by PTMC 17.27.030 above. The volume calculation shall be prepared by a licensed architect, engineer, or other qualified design professional as determined by BCD; and 2. Written, signed consent from the Port of Port Townsend to utilize the specified amount of building volume over 50 feet in height. 17.27.050 Design standards for buildings exceeding 50 feet in height. Buildings constructed in the height overlay district that exceed 50 feet in height shall comply with the following building design standards: A. Roof top mechanical elements. Exterior mechanical elements such as heating, cooling, and ventilation equipment shall be located on the ground unless it can be demonstrated to the decisionmaker doing so would be an impracticable difficulty or will create an undue hardship, then such mechanical elements shall not exceed a height of 75 feet. When such equipment must be located above the roof it shall be located and designed in such a way to minimize view impacts. B. Building materials and colors. Building materials shall be non-reflective and colors shall consist of earth tones which tend to blend into the background. Samples of materials and colors shall be submitted with a completed building permit application. C. Roof slope. Pitched roofs shall have a maximum roof slope not to exceed a 2:12 pitch. D. The BCD director shall determine if the design standards contained in subsections A - C above have been met by a specific project proposal. Appeals of the BCD director's determination would be processed as a Type I-A action as established in Chapter 20.01 PTMC, Land Development Administrative Procedures. 17.27.060 Application of regulations. All properties located within 'the Boat Haven height overlay district shall be subject to both its underlying zone classification and to the requirements imposed by the special height overlay district. In any case where the provisions of the Boat Haven height overlay district conflict with the provisions of an underlying zone, the provisions of this chapter shall apply. December 13, 1999 9 Ord. SECTION 4 TRANSMITTAL TO DCTED The City Clerk shall transmit a copy of this Ordinance to the State Department of Community, Trade and Economic Development (DCTED) within 10 days of adoption of this ordinance. SECTION 5 CODIFICATION OF AMENDMENTS Copies of a revised Title 17, Zoning, of the Port Townsend Municipal Code, codifying the amendments set forth in this ordinance, shall be prepared under the supervision of the City Clerk and available for public inspection within 120 days of the adoption of this ordinance. SECTION 6 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. SECTION 7 SEVERABILITY If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 13th day of December, 1999~ Forrest Rambo, Mayor Attest: //~Ste~en Olsen, Acting City Attorney December 13, 1999 10 Ord.