HomeMy WebLinkAbout3508 ORDINANCE NO.32b
AN ORDINANCE of the City of Port Angeles, Washington, revising
Title 17 of the Port Angeles Municipal Code relating to Zoning
by adding a new Chapter 17.37 Mixed Commercial Overlay,
MCO.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as
follows:
WHEREAS, Mixed commercial areas are important assets to the City and the region.
Planned development that exceeds certain zoning standards of the underlying zone can provide
desired flexibility and be compatible with surrounding uses of nearby development. Unique
zoning rules are crafted for each such mixed commercial area through the adoption of a site
development plan or Mixed Commercial Overlay (MCO) master plan that 1) identifies a
boundary within which the revised rules apply; and 2) identifies the specific rules that will apply
to development within the boundary. The objectives of the plan are to balance the needs of
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major mixed commercial development with the need to preserve adjacent neighborhoods.
Section 1. Ordinance 1709 as amended, and Title 17 of the Port Angeles Municipal ,
Code are hereby amended by adding a new Chapter 17.37 to Title 17 as follows:
CHAPTER 17.37 MCO—MIXED COMMERCIAL OVERLAY
17.37.010 Purpose.
17.37.011 Definitions.
17.37.020 Applicability.
17.37.030 Permitted uses.
17.37.040 Permitted modifications of land use regulations.
17.37.070 Procedure for approval.
17.37.090 Application Procedure.
17.37.100 Routing and staff recommendations.
17.3 7.110 Planning Commission Public hearing—Scheduling and notice.
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17.37.120 Planning Commission recommendation—Preliminary development plans.
17.37.130 City Council action—Preliminary development plans.
17.37.140 Final approval of a Mixed Commercial Overlay Zone (MCO).
17.37.160 City Council final action.
17.37.170 Building permits.
17.37.180 Modifications after final approval.
17.37.010 Purpose.
The purpose of the Mixed Commercial overlay zone is to allow for a concentration of uses that,
through a campus setting, offer a wider range of services and result in a higher quality
development. The overlay zone is intended to provide alternative zoning regulations that permit
and encourage design flexibility through the implementation of smart growth practices to
promote redevelopment, infill, and functional innovation in mixed commercial developments
that involve multiple associated structures and larger areas of land than lot by lot development.
Such development needs to be both transit and pedestrian oriented and easily enhance and blend
into the character of the surrounding neighborhood. It is intended that a Mixed Commercial
Overlay (MCO) will result in a higher quality development than traditional lot-by-lot
development. Such projects will use urban design components relative to walkability, access to
transit, public amenities, and a variety of services and building types with attractive cohesive
landscaping in a manner consonant with the public health, safety, and welfare. Specific
development components are required to be through a pre approved site design.
MCOs smart growth practices provide for infill development that complements surrounding
neighborhoods without following a standard system of public streets and lot design and provides
opportunities for commercial neighborhood developments not usually permitted in standard
commercial zones.
An MCO may combine a number of land use decisions such as conditional use permits, rezones,
or subdivision into a single project review process to encourage a timely and coordinated public
review process. The consolidation of permit review does not exempt an applicant(s) from
meeting the regulations and submitting the fees and applications required for the underlying
permit process(es). Legislative actions such as street vacations will require a separate process.
17.37.011 Definitions.
A. Mixed Commercial Overlav (MCO): A site specific development plan that has been
approved by the City Council under the provisions of Chapter 17.37 of the Port Angeles
Municipal Code.
B. Floor Area Ratio (FAR): The gross floor area of all buildings or structures on a lot
divided by the total lot area.
C. Green Roof A roof that is partially or completely covered with vegetation and a
growing medium planted over a waterproofing membrane. A green roof is primarily a
stormwater management element but may also improve a site's aesthetic qualities.
D. Impervious Area: All hard surface areas that impede infiltration of rainfall into the
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underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt
concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and
minimal excavation foundations subject to conformance with applicable Department of Ecology
Best Management Practices (BMPs), are not included in the total impervious area calculation.
17.37.020 Applicability.
MCOs may be established, subject to final approval of a proposed master plan in commercial or
the Public Buildings and Parks zones. A MCO shall contain a minimum of 3.44 acres (a
standard city block). The site shall be composed of contiguous lots or parcels. Development
must be consistent with the City's Comprehensive Plan and Land Use Map.
17.37.030 Permitted uses—Those uses permitted in the underlying zoning district.
modifications of land use regulations.
VICO may include modifications to the requirements and standards of the
egulations of the zone in which the project is located (see PAMC 17.94.010
re than one zone) subject to the limitations of this chapter; however no
le a modification, variance, or waiver of the requirements of the Shoreline
;pt as provided in Chapter 173-14 WAC. Modifications to the requirements
3nvironmentally Sensitive Areas Protection) must meet the standards of that
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A. On-site parking requirements shall be consistent with Title 14 of the Port Angeles
Municipal Code. Parking requirements shall be evaluated for the entire project rather than for
individual uses or structures. Shared parking for a variety of campus land users will be
considered in review of this requirement.
B. A height bonus (height allowed over that permitted by the underlying zone) shall be
limited to a maximum of 45 feet, or one additional story, whichever is the least under the
following circumstances:
1. When below grade parking is created, the combined floor area of any floor above 35 feet
is limited to 125 square feet times the number of underground parking spaces provided.
2. When open space elements are increased above the minimum required, a ratio of 1 square
foot of bonus height floor area for each square foot of open space will be allowed.
3. Bonus height floor area may be increased by one square foot for each square foot of
green roof created by the project.
C. Every structure shall be set back from exterior property lines per the underlying zone,
except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure
exceeding 35 feet in height shall be increased by 2 feet for each 1 foot increase of building
height over 35 feet.
D. A detailed sign plan shall be submitted as part of the project master plan for approval.
1. All signs proposed in the MCO shall comply with the provisions of Chapter 14.36
PAMC, Sign Ordinance.
2. Sign design shall be coordinated throughout the development.
E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and
other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as
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2. Sign design shall be coordinated throughout the development.
E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and
other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as
to minimize noise and odor impacts on the surrounding area. The Director may require measures
such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking
location or setback standards, design modification, limits on hours of operation or other similar
measures to mitigate impacts.
F. Required landscaping shall be compatible with neighboring properties. Landscaping
shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize
coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the
appearance of bulk and scale. Specific requirements of the landscape plan are found in section
090(F)
1. An MCO shall retain a minimum 20% of the development as open space/landscaping.
a. The open space counted toward this set-aside shall not include green roofs, right-of-way
landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands
except where plans vacate these public areas.
b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally
sensitive areas and buffers may be included in open space requirements. Where such areas exist,
limited density transfer calculations per 15.24.070(G) PANIC may be applied.
C. Open space areas may include stormwater detention areas or landscaped swales.
2. "Streetscaping" refers to urban roadway design and conditions as they impact the diverse
range of street users and nearby residents. Streetscaping is an important component of the public
realm, which helps define a community's aesthetic quality and identity.
a. Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall
be chosen to maximize mature tree canopy and be planted at a spacing appropriate to the
approved tree species.
b. Landscape plans shall provide an adequate soil volume to support the mature trees in a
sustainable healthy condition.
C. Streetscaping shall be designed to provide easy pedestrian access between street parking
and the sidewalk.
3. Traffic and parking impacts shall be minimized. 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.
4. All MCOs shall be designed such that proposed structures blend into the character of the
surrounding neighborhood.
a. Loading areas. All loading areas shall be oriented and/or screened so as to be
unobtrusive from the adjacent streets or properties.
b. Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot-high privacy
fence or masonry wall with gates.
5. All MCOs 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 MCO in form and manner acceptable to the City.
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6. Platting shall be required for all projects that involve or contemplate the subdivision of
land. Lots in a platted MCO may not be sold to separate owners. No further subdivision of land
within the MCO will be permitted unless a formal amendment to the MCO is approved.
7. For any underlying land use regulatory process that is consolidated through the MCO
overlay process, the criteria and development standards of that underlying land use process shall
be met. Any subsequent land use decision made pursuant to an underlying land use regulatory
process shall also require an amendment to the MCO.
G. To encourage design flexibility, and innovations that result in a higher quality
environment than traditional subdivisions, site planning and architectural review that address
specific criteria are required of all development in the MCO. Where applicable, the design of
MCOs shall accomplish the following to the greatest extent possible:
1. Provide amenities that complement the surrounding environment;
2. Provide a walkable, active, and transit oriented environment that may include bicycle or
pedestrian paths, proximity to public transit, children's play areas, and common open space
areas;
3. The design of all open space areas and built structures shall be compatible with and
complementary to the environment in which they are placed.
H. Public art shall be included in all MCO proposals. A minimum value of 1% of the
project value, to a maximum value of$50,000 is required of all MCO project proposals.
I. All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive
Plan.
17.37.070 Procedure for approval.
The procedure for approval of a MCO shall be composed of four steps:
A. Conceptual plan submittal for pre-application review by affected city departments. This
step occurs before an application is accepted as complete by the City;
1. Prior to applying for a MCO, a developer shall submit a conceptual plan to the
Department of Community and Economic Development (DCED). The conceptual plan shall
contain the information required in Section 17.37.090.E and G.
2. The conceptual plan will be reviewed for its general compliance with the intent, standards
and provisions of this chapter and other City ordinances.
3. Written comments will be furnished to the developer.
B. After conceptual plan review, and prior to accepting a MCO application, the City shall
require a neighborhood meeting.
1. The neighborhood meeting shall be organized and sponsored by the project proponent.
2. Neighbors within 300 feet of the proposed location shall be included in notification of the
meeting.
3. The purpose of the meeting is to;
a. solicit information regarding design alternatives,
b. to minimize any adverse impacts from the MCO, and
C. provide an opportunity to inform the general neighborhood of the proposal and ask for
comment.
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D. A 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;
E. Approval by the City Council at a public meeting of the preliminary development plan
and other actions as applicable; and
F. Action on the final development plan and plat by the City Council following a public
meeting. 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.
17.37.090 Application Procedure.
The MCO shall be established only in conjunction with a Master Plan which generally specifies
the parameters for development of the property. The Master Plan 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. The applicant, any
authorized representative of the applicant, and if applicable, the names, addresses and telephone
numbers of any land surveyor, architect, planner, designer, or engineer responsible for
preparation of the plan.
B. A narrative explaining the proposed use(s) of the land and buildings, including, but not
limited to, documentation of smart growth practices, infill, utilization of existing infrastructure,
walkability, and orientation to transit; information on any special features, conditions of which
cannot be adequately shown on drawings; and an explanation of continuous maintenance
provisions, for the project.
C. A survey of the property showing existing features, including contours at five-foot
intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally
[ sensitive areas, and existing land uses.
D. Site plans showing proposed contours at five-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. Total area in lots and number of lots being created;
3. Site coverage expressed in square feet and percentage of,
a. Total footprint area of buildings and their proposed use
b. Roadway and sidewalk paved surfaces;
C. Parking lot areas and total parking spaces proposed;
d. Any areas paved with permeable paving systems;
e. Location and percentage of common open space and landscaped area;
f. Number of residential units (if proposed) and approximate square footage;
4. Preliminary elevation and perspective drawings of all project structures.
5. A preliminary utilities plan, including fire hydrant locations.
6. A preliminary storm drainage plan with calculation of impervious areas.
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6. A preliminary storm drainage plan with calculation of impervious areas.
F. Landscape plan:
1. A landscape plan shall be created for the entire site with more detailed plans for each
development within the respective portions of the larger site. The plan shall include a consistent
palette of planting materials for use throughout the development.
2. Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO
landscape, regardless of who owns the individual lot.
3. The landscape plan shall include a "significant" tree and native vegetation inventory.
The inventory must be conducted prior to development. "Significant" trees are those with at
least 3" diameter at breast height(dbh) trunks at 4' above grade.
a. All trees deemed as "significant" shall be protected during construction.
b. A tree protection plan shall be included as part of the landscape plan showing root zone
protection areas, appropriate methods to exclude construction impacts.
4. Native plant and tree species. The use of native plant and tree species for landscaping is
permitted and encouraged within the MCO. Specifically, drought resistant plantings will
eliminate the need for irrigation other than collected rainwater.
5. Detailed specifications of plants and trees proposed for landscaping on site;
G. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and
16.08 PAMC.
H. 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.
I. Mailing labels of property owners within 300 feet of the proposed project pursuant to
Section 17.96.140 PAMC.
17.37.100 Routing and staff recommendations.
Upon receipt of an application satisfying the requirements of Section 17.37.090 PAMC, the
Department of Community and Economic Development (CED) shall route the same to all
appropriate City Departments. Each department shall return recommendations and comments
regarding the application to CED.
The Planning Division shall prepare a report to the Planning Commission summarizing the
factors involved, recommendations of other departments, and CED staff recommended
conditions, findings, and conclusions.
The following characteristics shall be among those used by the Director of the Department of
Community & Economic Development to determine whether a use is functionally integrated
with or substantively related to, the central mission of the use:
A. Functional association of buildings;
B. How well are proposed uses integrated with one another;
C. Ease of physical circulation/access connections;
D. Potential for shared facilities or staff,
E. Degree of interdependence among uses;
F. Similar or common functions, services, or products.
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G. Proximity to areas previously developed under this MCO code section.
A copy of the report shall be mailed to the applicant and copies shall be made available, for use
by any interested party.
17.37.110 Planning Commission Public hearing—Scheduling and Notice.
Upon receipt of an application satisfying the requirements of Section 17.37.090 PAMC, the CED
shall schedule a public hearing before the Planning Commission. Public notice shall be given as
provided in Section 17.96.140 PAMC.
17.37.120 Planning Commission Recommendation—Preliminary Development Plans.
Prior to making a recommendation on an application for a preliminary MCO, 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 PAMC 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 landscaping, and
integrated circulation systems, create an environment of higher quality than that normally
achieved by traditional lot by lot development.
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.
17.37.130 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 17.19.120 PAMC.
17.37.140 Final approval of a Mixed Commercial Overlay (MCO).
Application for final approval of the MCO shall be submitted to City Council within two (2)
years of preliminary development plan approval; provided 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. For phased MCO's, each phase shall have an additional
one (1) 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 (1) year extensions as
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the Commission may deem appropriate. The site must be under one ownership prior to final
approval by the City Council, or the application for final approval must be made by the owners
of the entire site. The final submittal documents shall include the following:
A. A title report showing ownership of the parcel or parcels upon which the MCO is to be
developed.
B. Adequate assurance for the retention and continued maintenance of common open space,
onsite facilities and the retention and continued maintenance of environmentally sensitive areas
and their buffers. If development is to be done in phases, each phase must be identified and meet
the requirements of this section.
C. Final development plans that shall be in compliance with the approved preliminary
development plans.
D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and
16.08 PANIC.
E. Development and phasing schedule.
F. 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.
17.37.160 City Council final action.
The City Council shall review the application for final approval at a public meeting, notice of
which shall be given as provided in Section 17.96.140 PANIC, 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 MCO shall
be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate
the extent of the approved MCO, and all future development of the site shall be in conformance
with the approved MCO.
17.37.170 Building permits.
The Building Division shall issue building permits for structures that conform with the approved
final development plans and with all other applicable City and state ordinances and regulations.
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 (6) months of approval of a final MCO.
17.37.180 Modifications after final approval.
i 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: CED staff 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 (10%) in height or ten (10) feet in any
other direction, when such minor changes and alterations are required by engineering or other
unforeseen circumstances at the time of approval of the final development plans. Such
adjustments shall not increase the total amount of floor space authorized in the approved final
MCO, the number of dwelling units, density, or decrease in the amount of parking or loading
facilities, or permit a reduction of setback of buildings to the closest boundary line, decrease the
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amount of open s ace or recreation facilities, change any points of ingress oregress to the site, or
extend the development schedule for more than 12 months.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make a e n ecessary 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 3 - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4 - 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 3rd day of June, 2014.
Dan Di Guilio Y
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ATTEST: APPROVED AS TO F R`v
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Jae a Hurd City Clerk W iam E. Bloor, City'�A fi! �
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PUBLISHED: _��� ���
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Summaries of Ordinances Adopted by the
Port Angeles City Council
On June 3, 2014
Ordinance No. 3508
THIS ORDINANCE of the City of Port Angeles, Washington, revises Title 17 of the Port
Angeles Municipal Code relating to Zoning by adding a new Chapter 17.37 Mixed
Commercial Overlay, MCO.
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Ordinance No. 3505
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THIS ORDINANCE of the City of Port Angeles, Washington, authorizes the issuance of solid
waste utility revenue bonds of the City in the aggregate principal amount of not to exceed
$9,200,000, to finance costs related to improving and stabilizing the Port Angeles
Landfill, to fiend the reserve account, to capitalize interest on the bonds, and to pay costs
of issuing the bonds; providing the form, terms and covenants of the bonds; providing for
the disposition of the proceeds of sale of the bonds; and delegating authority to approve
the final terms of the bonds.
Ordinance No. 3506
THIS ORDINANCE of the City of Port Angeles, Washington, authorizes the issuance of limited
tax general obligation bonds of the City in the aggregate principal amount of not to
exceed $9,200,000, to finance costs related to improving and stabilizing the Port Angeles
Landfill, to capitalize interest on the bonds, and to pay costs of issuing the bonds;
providing the form, terms and covenants of the bonds; providing for the disposition of the
proceeds of sale of the bonds; and delegating authority to approve the final terms of the
bonds.
The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofna.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of
publication by summary.
Janessa Hurd, CMC
City Clerk
Publish: June 15, 2014