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ORDINANCE NO. 3294
AN ORDINANCE of the City of Port Angeles, Washington, adding a new
Infill Overlay Zone (IOZ) to the Zoning Code, Title 17, of the Port
Angeles Municipal Code.
Whereas, the Planning Commission has approved and recommended addition to the
Zoning Code of a new Infill Overlay Zone (IOZ).
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance 1709, as amended, and a portion of Title 17, Zoning Code, are
hereby amended by adding a new chapter, 17.45 PAMC - Infill Overlay Zone (IOZ) to read as
follows:
CHAPTER 17.45
IOZ - INFILL OVERLAY ZONE
Sections:
17.45.010 Purpose.
17.45.011 Definitions.
17.45.020 Applicability.
17.45.030 Permitted Uses.
17.45.031 Conditional Uses.
17.45.040 Permitted Modifications of Land Use Regulations.
17.45.050 Standards.
17.45.060 Density.
17.45.070 Procedure for Approval.
17.45.080 Pre - Application Review.
17.45.090 Application Procedure.
17.45.100 Routing and Staff Recommendations.
17.45.110 Planning Commission Public Hearing - Scheduling and Notice.
17.45.120 Plannin Commission Recommendation - Prelimina Develo . ment
Plans.
17.45.130 City Council Action - Preliminary Development Plans.
17.45.140 Final Approval of Infill Overlay Zone.
17.45.160 City Council Final Action.
17.45.170 Building Permits.
17.45.180 Modifications After Final Approval.
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17.45.010 - Purpose.
This Overlay Zone is designed to provide alternative zoning regulations that permit and
encourage design flexibility through the implementation of smart growth practices to promote
infill, maximum density, attainable housing, and functional innovation in developments that are
both transit and pedestrian oriented and which blend into the character of the existing
neighborhoods. It is intended that an Infill Overlay Zone (IOZ) will result in a residential
environment of higher quality than traditional lot -by -lot development by use of a design process
that includes within the site design all the components of an urban residential environment, such
as walkability, access to transit, and a variety of building types, in a manner consonant with the
public health, safety, and welfare and results in a specifically approved site design.
IOZ' s are aimed to implement smart growth practices on infill or redevelopment sites that
are surrounded by existing development and infrastructure. It is also intended that an IOZ may
combine a number of land use decisions such as conditional use permits, rezones, and
subdivisions into a single project review process to encourage timely public hearings and
decisions and to provide for attainable higher densities than is required or may be permitted
between single family and multi- family zones. The consolidation of permit reviews does not
exempt applicant(s) from meeting the regulations and submitting the fees and applications
normally required for the underlying permit processes.
Few nonresidential uses are allowed in this overlay zone and then only conditionally,
because of land use impacts associated with nonresidential uses. Incorporation of conditionally
permitted commercial neighborhood uses and mixed use developments can be achieved through
the IOZ review. This overlay zone provides for the creation of infill developments and smaller
self contained residential neighborhoods that complement the existing neighborhood without
following a standard system of public streets and lot design and with opportunities for residential
and commercial neighborhood developments not usually permitted in residential zones.
17.45.011 Definitions.
A. Attainable Housing: Residential housing available for sale or rent that requires
a monthly housing cost, including utilities other than telephone, of no more than thirty percent
of the net income of an eli • ible household. For .0 .oses of the .recedin• sentence an eli • ible
household is one with a total net household income no greater than 120% of the Clallam County
median income as re sorted b the Washin • ton State Office of Financial Mana • ement.
B. Infill Overlay Zone (IOZ): A site specific development that has been approved
b the Cit Council under the srovisions of Chaster 17.45 of the Port An.eles Munici sal Code.
C. Nei • hborhood Density: The number of dwelling units per gross acre allowed by
zone or zones.
17.45.020 - Applicability.
IOZs may be established, subject to final approval of a proposal for a specific parcel or
parcels of land in the RHD, RMD and RS -7 residential districts. An IOZ shall contain a
minimum of 21,000 square feet but shall be limited to less than 3.44 acres in size with densities
. ermitted ser the underl in• zone or zones s er 17.45.060. The site shall be com s osed of
conti • uous lots or sarcels. Minimum lot area ma not be achieved b includin• areas included
in •ro.ert that has been .art of a subdivision finaled in the .recedin. 5 ears. Conditionall
approved commercial neighborhood uses shall be limited to IOZ developments greater than 1
acre in size. All IOZs shall consist of a development that is primarily residential in nature.
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17.45.030 - Permitted Uses.
Residential building types in an IOZ may vary from those permitted in the underlying
zone or zones.
17.45.031 - Conditional Uses.
Conditional uses may be allowed similarly to those conditionally permitted in the
underlying zone(s) or may include commercial neighborhood and commercial recreational uses
that primarily serve neighborhood residents.
17.45.040 - Permitted Modifications of Land Use Regulations.
The approval of an IOZ may include modifications to the requirements and standards of
the underlying land use regulations of the zone in which the project is located subject to the
limitations of this Chapter. No approval shall include a modification, variance, or waiver of the
exterior setback areas required by the underlying zone along the exterior property lines of the
IOZ, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-
14 WAC.
17.45.050 - Standards.
The following standards shall apply to all IOZs:
A. All street and utility improvements shall be constructed to standards specified by
the City of Port Angeles. Street widths may vary from widths required in the Subdivision
Regulations, and interior streets may be either public or private. Streets intended to be dedicated
to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards
And Guidelines manual. In suitable locations, common parking areas may suffice without the
provision of interior streets. On -site parking requirements should be consistent with Title 14 of
the Port Angeles Municipal Code.
B. All IOZs shall devote at least 30% of residential units to attainable housing.
C. All IOZs shall provide for a mechanism to ensure that attainable housing remains
attainable in perpetuity. Such mechanism shall be approved by the Director of Community and
Economic Development and be stipulated on the final plat.
D. Common parking and landscaped areas shall be maintained as an integral part of
the site and may not be segregated as a separate parcel or parcels unless such parcels are to be
owned by a homeowner' s association.
E. All IOZs shall provide for continuous and perpetual maintenance of common
open space, common recreation facilities, private roads, utilities, parking areas, and other similar
development within the boundaries of the IOZ in form and manner acceptable to the City.
F. All IOZs shall ensure that proposed structures blend into the residential character
of the surroundin. neighborhood. Multi- family uses in a predominately single famil
neighborhood should simulate a single family residence in appearance.
G. Platting shall be required for all projects that involve or contemplate the
subdivision of land. Lots in a platted IOZ may be sold to separate owners. No further
subdivision of land within the IOZ will be permitted unless a formal amendment to the IOZ is
approved.
H. Conditional use permits shall be required for all projects that involve or
contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the
conditional uses allowed in the underlying zone(s), commercial neighborhood uses (as permitted
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per Section 17.2.1.040 PAMC) may be considered for conditional use nermit(s) during the IOZ
approval process. No further conditional use permits except home occupations will be permitted
within the IOZ unless a formal amendment to the IOZ is approved.
consolidated through the
IOZ overla•rocess
I. For any underlying land use regulatory process that is
the criteria and development standards of that underl in land use process
shall be met. Any subsequent land use decision made pursuant to an underlying land use
regulatory process shall also require a formal amendment to the IOZ.
innovations that result in
a higher
J. To encourage design flexibility, maximum density, and
quality residential environment than traditional subdivisions, site planning and
architectural review that address specific criteria are required of all development in the IOZ.
Where applicable, the design of IOZs shall accomplish the following to the greatest extent
possible:
Maximize the urban density of the underlying zone;
1.
2.
surrounding residential
Provide affordable housing and attainable housing that complements the
environment;
and transit oriented environment including,
3.
but not limited to, bicycle
Provide a walkable, active,
or pedestrian paths, proximity to public transit, children's play areas,
and common gardens;
Preserve scenic view corridors, both internal and external to the site; and
4.
5.
compatible with and complementary
The design of all open space areas and building structures shall be
to the environment in which they are placed.
Comprehensive
K. All IOZs shall comply with the goals and policies of the Port Angeles
Plan.
of the underlying zone or zones in which the site
is located
17.45.060 - Density.
Every IOZ shall be allowed the density
and a bonus of 2 additional units per acre on the portions of the site exclusive of
environmentally sensitive areas. Where possible maximum density of the underlying zone shall
be attained. All IOZs shall exceed the minimum density per table 17.45.060 A. Density credits
for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to
the base densit calculated for the buildable area of the site • er Section 15.20.070 F and Section
15.24.070(F).
and Maximum allowable densities (inclusive of 2 unit bonus)
Table 17.45.060 A Minimum
Zone
Minimum Density
Maximum Density
(Units Per Acre)
(Units Per Acre)
RS -7
4.84
8.22
RMD
8.22
14.44
RHD
14.44
40.56
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17.45.070 - Procedure for Approval.
The procedure for approval of an IOZ shall be composed of four steps:
A. Conceptual plan submittal and neighborhood meeting. This step occurs before
an application is accepted as complete by the City,
B. Public hearing on the preliminary development plan and, if applicable, the
preliminary plat and other permit actions. This step results in a recommendation by the Planning
Commission to the City Council of an action to be taken on the proposal;
C. Approval by the City Council at a public meeting of the preliminary development
plan and other actions as applicable; and
D. Action on the final development plan and plat by the City Council following a
public hearing. Final approval may only be granted after all conditions of approval have been
met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat
approval by the City Council.
17.45.080 - Pre - Application Review.
Prior to applying for an IOZ, a developer shall submit a conceptual plan to the
De.artment of Communit and Economic Develo.ment DCED . The conceptual elan will be
reviewed for its general compliance with the intent, standards and provisions of this Chapter and
other Ci ordinances b the as. ro s riate de s artments of the Cit and written comments in re . and
to the plan will be furnished to the developer. The conceptual plan shall contain in sketch form
all of the information required in Section 17.45.090 E and G.
After the conceptual plan review and prior to accepting an IOZ application, the City shall
re• uire a nei . hborhood meetin . . The nei . hborhood meetin. shall be or. anized and s. onsored
by the project proponent. Neighbors within 300' of the proposed location shall be included in
notification of the meeting. The purpose of the meeting will be to solicit information regarding
design alternatives to minimize any adverse impacts from the IOZ and to alleviate community
concerns.
17.45.090 - Application Procedure.
The application for an IOZ shall contain the following:
A. The name, location, and legal description of the proposed development, together
with the names, addresses and telephone numbers of the recorded owners of the land and of the
applicant and if applicable the names addresses and tele shone numbers of an land surve or
architect planner desiiner or en•ineer res.onsible for the .reparation of the .Ian and of an
authorized representative of the applicant.
B. A narrative explaining the proposed use or uses of the land and building,
including the proposed number of dwelling units by type, such as single family detached, row
housin • , and apartments; documentation of smart growth practices, infill, utilization of existin
infrastructure, walkability, and orientation to transit; inclusion of attainable housing and
mechanisms for perpetuity; information on any special features, conditions of which cannot' be
adequately shown on drawings; and an explanation of covenants, continuous maintenance
provisions, and /or homeowners association for the project.
C. A surve of the .rose showin. existin. features includin. contours at 5 -foot
intervals, buildin' s, structures, streets, utility easements, rights -of -way environmentall
sensitive areas, and existing land uses.
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D. Preliminary site plans showing existing and proposed contours at 5 -foot intervals,
location and dimensions of buildings, open space, recreation areas, parking areas, circulation,
landscape areas, subdivision platting and general arrangement.
E. Detailed site statistics including but not limited to:
1. Total site area in both acres and square feet;
2. Site coverage expressed in square feet and percentage of;
a. Total footprint area of buildings for:
i. Residential structures;
ii. Non - residential structures;
b. Roadway and sidewalk paved surfaces;
c. Parking lot areas;
d. Any areas paved with permeable paving systems;
3. Total area in lots;
4. Landscape Plan showing:
a. Common garden area (must be 5% of site);
b. Detailed specifications of trees and landscaping on site;
5. Number and location of off - street parking;
6. Number of residential units proposed and approximate square footage;
7. Total number of lots being created;
8. Density of site expressed as residential units per acre.
F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters
16.04 and 16.08 PAMC.
G. If a developer elects to obtain additional density credits, the site plan application
shall contain specific information relating to the additional density credit criteria of Section
15.20.070 and 15.24.070.
H. Preliminary elevation and perspective drawings of project structures.
I. A preliminary utilities plan, including fire hydrant locations.
J. A preliminary storm drainage plan with calculation of impervious areas.
K. An off - street parking plan and circulation plan showing all means of vehicular
and pedestrian ingress and egress to and from the site; and size and location of driveways, streets,
sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of
the project must be shown.
L. Mailing labels of property owners within 300 feet of the proposed project
pursuant to Section 17.96.140 PAMC.
17.45.100 - Routing and Staff Recommendations.
Upon receipt of an application satisfying the requirements of Section 17.45.090, the
Department of Community and Economic Development (DCED) shall route the same to all
appropriate City Departments. Each department shall return recommendations and comments
re • arding the application to DCED. The Planning Division shall prepare a report to the Planning
Commission summarizing the factors involved, the recommendations of other departments and
the DCED including findings and conclusions. A copy of the report shall be mailed to the
applicant and copies shall be made available, at cost, for use bay interested party,
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17.45.110 - Planning Commission Public Hearing - Scheduling and Notice.
Upon receipt of an application satisfying the requirements of Section 17.45.090, the
DCED shall schedule a public hearing before the Planning Commission. Public notice shall be
given as provided in Section 17.96.140.
17.45.120 - Planning Commission Recommendation - Preliminary Development Plans.
Prior to making a recommendation on an application for a preliminary IOZ, the Planning
Commission shall hold a public hearing. The Planning Commission's recommendation for
approval, denial, or approval with modifications or conditions shall be forwarded to the City
Council in written form based upon compliance with Section 17.19.050 and the following
criteria:
A. The proposed development will comply with the policies of the Comprehensive
Plan and further attainment of the objectives and goals of the Comprehensive Plan.
B. The proposed development will, through the improved utilization of housing
densities landscaping, and integrated circulation systems, create a residential environment of
higher quality than that normally achieved by traditional development of a subdivision.
C. The proposed development achieves smart growth goals and principles through
infill, redevelopment, and establishment of a pedestrian and transit friendly environment.
D. The proposed development will be compatible with adjacent, existing, and future
developments.
E. All necessary municipal utilities, services, and facilities, existing and proposed,
are adequate to serve the proposed development.
F. Internal streets serving the proposed development are adequate to serve
anticipated traffic levels and the street system of the proposed development is functionally
connected by an improved collector street to at least one improved arterial street.
G. If the development is planned to occur in phases, each phase shall meet the
requirements of a complete development.
17.45.130 - City Council Action - Preliminary Development Plans.
The City Council shall consider the recommendation of the Planning Commission at a
public meeting. The Council may approve, deny, or approve with modifications or conditions
the submitted preliminary development plans. Approval shall be by Council action which
incorporates the approved preliminary development plans by reference and shall include findings
based upon Section 17.19.060, and .120.
17.45.140 - Final Approval of Infill Overlay Zone (IOZ).
Application for final approval of the IOZ shall be submitted to City Council within one
year of the preliminary development plan approval; provided that for phased IOZ's each phase
shall have an additional one -year period for final approval; and provided further that an applicant
may apply to the Planning Commission, and the Commission may approve, one or more one -year
extensions as the Commission may deem appropriate. The site must be under one ownership
prior to final approval by the City Council, and the application for final approval must be made
by the owners of the entire site. The application shall include the following:
A. A title report showing record ownership of the parcel or parcels upon which the
IOZ is to be developed.
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B. Adequate assurance for the retention and continued maintenance of common open
space, and onsite facilities. If development is to be done in phases, each phase must be identified
and meet the requirements of this Section.
C. Adequate assurance for the retention and continued maintenance of
environmentally sensitive areas and their buffers. If development is to be done in phases, each
phase must meet the requirement of this Section.
D. Final development plans that shall be in compliance with the approved
preliminary development plans.
E. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04
and 16.08 PAMC.
F. Development and phasing schedule.
G. Bond or other form of security acceptable to the City in a sufficient amount to
complete the project or submitted phase, as determined by the City.
H. Covenants, conditions, and restrictions and /or homeowners' association
agreement.
17.45.160 - City Council Final Action.
The City Council shall review the application for final approval at a public hearing,
notice of which shall be given as provided in Section 17.96.140, and shall approve, deny, or
approve with modifications the final development plan and, if applicable, the final plat.
Approval of the final development plan shall be by ordinance and a copy of the final IOZ shall
be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate
the extent of the approved IOZ, and all future development of the site shall be in conformance
with the approved IOZ.
17.45.170 - Building Permits.
The Building Division shall issue building permits for buildings and structures that
conform with the approved final development plans for the IOZ and with all other applicable
City and state ordinances and regulations. The Building Division shall issue a certificate of
occupancy for completed non residential buildings or structures that conform to requirements
of the approved final development plans and all other applicable City and state ordinances and
regulations for such occupancies. The construction and development of all common usable open
spaces, including recreational facilities, and other public improvements of each project phase
must be completed before any certificates of occupancy will be issued except when bonds or
other acceptable forms of security are deposited assuring the completion of such facilities within
six months of approval of final IOZ.
17.45.180 - Modifications After Final Approval.
The final approval shall be binding upon the development. Design variations from the
plan must be submitted to the Planning Commission and City Council for approval and
amendment of the ordinance, except for minor changes, as follows: The DCED is authorized
to allow minor adjustments in the development schedule, location, placement, height, or
dimension of buildings and structures, not to exceed an alteration of ten percent in height or ten
feet in any other direction, when such minor changes and alterations are required by engineering
and other circumstances not foreseen or reasonably foreseeable at the time of approval of the
final development plans; except that such adjustments shall not increase the total amount of floor
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space authorized in the approved final IOZ, or the number of dwelling units or density, or
decrease the amount of parking or loading facilities, or permit buildings to locate closer to the
closest boundary line, or decrease the amount of open space, or decrease the recreation facilities,
or change any points of ingress or egress to the site, or extend the development schedule for not
more than twelve months.
Section 2. Throughout Title 17 the Code Reviser is hereby authorized to abbreviate
Department of Community and Economic Development to DCED, where appropriate.
Section 3 - Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener' s /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 5 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This Ordinance shall take
effect five days after its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 21st day of August, 2007.
ATTEST:
MAYOR
APPROVED AS TO FO
William E. Bloor, dity Attorney
PUBLISHED: August 26 , .2007
By Summary
G:\Legal _Backup \ORDINANCES &RESOLUTIONS\ ORDINANCES .2007\2007- 22B- Attainable.Title 17- IOZ.073107.wpd (August 15, 2007)
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on August 21, 2007
Ordinance No. 3290
This Ordinance of the City of Port Angeles, Washington, provides for the adoption,
administration and enforcement of the 2006 Edition of the International Building and Fire
Code, amending Chapters 14.23 and 18.08 of the Port Angeles Municipal Code.
Ordinance No. 3291
This Ordinance of the City of Port Angeles, Washington, amends Chapter 12.04 of the
Port Angeles Municipal Code to revise the age to fish at Lincoln Park so that it is
consistent with Washington State Department of Fish and Wildlife regulations.
Ordinance No. 3292
This Ordinance of the City of Port Angeles, Washington, revises stormwater rates and
amends Chapter 13.63 of the Port Angeles Municipal Code. Effective January 1, 2008,
the monthly stormwater utility charge for each single - family and duplex residential
property shall be $6.00.
Ordinance No. 3293
This Ordinance of the City of Port Angeles, Washington, adds a new Planned Low
Impact Development (PLID) zone to the Zoning Code, Title 17, of the Port Angeles
Municipal Code.
Ordinance No. 3294
This Ordinance of the City of Port Angeles, Washington, adds a new Infill Overlay Zone
(IOZ) to the Zoning Code, Title 17, of the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
Unless otherwise stated above, these Ordinances shall take effect five days following the date of
publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: August 26, 2007