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HomeMy WebLinkAbout3294• 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. -1- 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. -2- 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 - 3 - • • 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 -4- 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. -5- • • 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, -6- • • 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. -7- 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 -8- • • 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) -9- 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