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HomeMy WebLinkAboutSection 7 Exhibit F - 20.38 Overlay Districts_EXCEPTIONChapter 20.38 OVERLAY DISTRICTS* Sections: 20.38.200 McCormick Village overlay district (MVOD) boundary. 20.38.205 MVOD purpose. 20.38.210 MVOD applicability. 20.38.215 MVOD conflicts. 20.38.220 MVOD land use. 20.38.225 MVOD Development Standards by District. 20.38.230 MVOD building type standards. 20.38.235 Repealed. 20.38.240 MVOD building elements. 20.38.245 MVOD sign code. 20.38.250 MVOD lot and road layout. 20.38.260 MVOD road standards. 20.38.270 MVOD off-street parking standards. 20.38.280 MVOD tree canopy standards. 20.38.285 Building design. 20.38.290 MVOD architectural variety. 20.38.300 Ruby Creek overlay district boundary. 20.38.305 Purpose. 20.38.310 Applicability. 20.38.315 Conflicts. 20.38.320 Land use. 20.38.600 Height Overlay District (HOD). 20.38.610 HOD intent. 20.38.620 HOD applicability. 20.38.630 HOD conflicts. 20.38.640 HOD height limits. 20.38.650 HOD height measurement. 20.38.660 HOD variances. 20.38.670 HOD map amendments. 20.38.700 Self storage overlay district (SSOD)_ 20.38.710 SSOD intent. 20.38.720 SSOD applicability. 20.38.730 SSOD conflicts. 20.38.740 SSOD map amendments. 20.38.800 View protection overlay district (VPOD). 20.38.810 VPOD intent. 20.38.820 VPOD applicability. 20.38.830 Conflicts. 20.38.840 VPOD height limits. 20.38.850 VPOD height measurement. 20.38.860 VPOD variances. 20.38.870 VPOD map amendments. 20.38.880 VPOD landscaping. * Prior legislation: Ords. 019-17, 008-18 and 010-18. 20.38.200 McCormick Village overlay district (MVOD) boundary. A McCormick Village overlay district (MVOD) is hereby established within the neighborhood core of the McCormick Village subarea as illustrated in Figure 20.38.200. Figure 20.38.200 -The MVOD Boundary C]IY J FU 4I OMNARD mee_ izk vil ,,it• Owarl&ry DiikiYk �Yban '3 o.lhA. . PP. cm,, ,rA .4 20.38.205 MVOD purpose. The purpose of the McCormick Village overlay district (MVOD) is to implement the McCormick Urban Village subarea plan and enable compact, walkable urban development within the subarea's neighborhood core. 20.38.210 MVOD applicability. The standards of the MVOD shall apply to lands within the MVOD neighborhood core boundary as shown in Figure 20.38.200. 20.38.215 MVOD conflicts. Where a conflict exists between this chapter and other chapters, this chapter shall control. 20.38.220 MVOD land use. (1) Use. Properties within the MVOD are subject to the land use regulations described in Chapter 20.39 POMC consistent with the property's zoning designation on the adopted city of Port Orchard zoning map. 20.38.225 MVOD building types. (1) No new building may be erected within the MVOD except in conformance with this section. (2) Building Types. Building types only as listed in POMC 20.38.225(3), and as described in POMC 20.32, shall be permitted within the MVOD. Buildings shall comply with the development standards described in the building type description in POMC 20.32, but shall rely on the Development Standards within POMC 20.38.230 regardless of zoning designation. Buildings shall complywith the design standards as established in POMC 20.127 and POMC 20.139 as applicable to the building type. Buildings shall comply with architectural variation requirements in POMC 20.139.035. Exception: Minimum Ground Story Height for Single -Story Shopfronts and Mixed -Use Shopfronts. The minimum ground story height for single -story and mixed -use shopfront buildings within the MVOD shall be 10 feet. Story height shall be measured in accordance with POMC 20.40.050(5), from the top of the finished floor to the ceiling above. (3) MVOD Building Type Zoning Matrix Key. (a) Permitted Building Type (P). Indicates a building type is permitted in the zoning designation. (b) Building Type Not Permitted (--). Indicates a building type is not permitted in the zoning designation. Zoning Designation Neighborhood Commercial Mixed Building Types Residential3 Mixed Use Use Detached House P P -- Backyard Cottage P �P -- Carriage House �P P P Cottage Housing �P P -- Duplex �P �P -- Stacked Flat �P �P -- Townhouse �P �P P Zoning Designation Neighborhood Commercial Mixed Building Types Residential 3 Mixed Use Use Triplex P P -- Fourplex P P -- Fiveplex P P -- Sixplex P �P -- Apartment P AP P Forecourt Apartment P P P Courtyard Apartment �P �P -- Live -Work -- P P Single -Story Shopfront -- -- P Mixed -Use Shopfront -- -- P Accessory Building P P P 20.38.230 MVOD Development Standards by District. (1) Lot and Placement Lot Area Residential 3 2,500 sq. ft. minimum C Neighborhood Mixed Use Set by district C Commercial Mixed Use Set by district C Lot Width Residential 3 Set by district B Neighborhood Mixed Use Set by district B Commercial Mixed Use Set by district B Lot Coverage Residential 3 Set by district C Neighborhood Mixed Use Set by district C Commercial Mixed Use Set by district C Principal Building Setback Residential 3 Neighborhood Mixed Use Commercial Mixed Use Primary street 5 ft. min./15 ft. max. 3 ft. min./15 ft. max. 0 ft. min./15 ft. max. D Side street 5 ft. min. 5 ft. min. 5 ft. min. E Side interior 3 ft. min. 5 ft. min. 5 ft. min. F Rear/alley 5 ft min/0 ft 5 ft min/0 ft 5 ft min/0 ft G Accessory Building Setbacks Residential 3 Neighborhood Mixed Use Commercial Mixed Use Primary street Behind the front wall of the principal building Behind the front wall of the principal building Behind the front wall of the principal building D Side street 5 ft. min. 5 ft. min 5 ft. min E Side interior Oft. min Oft. min Oft. min F Rear/alley 5 ft. min., 0 ft. from alley 5 ft. min., Oft. from alley 5 ft. min., Oft. from alley G Building Separation 10 ft. min. 10 ft. min. 10 ft. min. (2) Height and Form I Building Height Residential 3 Neighborhood Commercial Mixed Mixed Use Use Principal Set by district Set by district Set by district A Building Accessory Set by district Set by district Set by district B Building Building Elements Principal Set by building Set by building type. Set by building C, D Building type. Refer to Refer to POMC type. Refer to POMC 20.32 20.32 POMC 20.32 Accessory Set by building Set by building type. Set by building C, D Building type. Refer to POMC type. Refer to POMC 20.32 Refer to POMC 20.32 20.32 (3) Build to Zone Build to Zone* Residential 3 Set by district J, K Neighborhood Mixed Use Set by district J, K Commercial Mixed Use Set by district J, K *Does not apply to McCormick Village Drive or Old Clifton. 20.38.235 MVOD detached accessory dwelling units. Repealed by Ord. 038-22. 20.38.240 MVOD building elements. (1) Where required by building types, building elements shall be provided consistent with the requirements provided in POMC 20.122. 20.38.245 MVOD sign code. (1) Permanent signs within the MVOD shall comply with the requirements of Chapter 20.132 POMC except POMC 20.132.040(7). (2) Up to two subdivision freestanding entryway monument signs may be permitted in the subarea within 200 feet of the intersection of McCormick Village Drive and Old Clifton Road. Subdivision freestanding entryway monument signs shall not exceed 200 square feet per sign nor six feet in height and shall be allowed in addition to other freestanding signs under POMC 20.132.210 and shall be exempt signage for the purposes of calculating aggregate signage allowance limits in POMC 20.132.050(4)(b)(i). 20.38.250 MVOD Lot and road Layout. (1) Resultant lot and road layouts shall meet the minimum standards described in Chapter 20.100 POMC except that the minimum roadway network connectivity index described in POMC 20.100.020 shall be 1.7 or greater. (2) All detached houses shall be provided vehicular access via an alley or private access tract. (3) Middle housing building types may be accessed via a primary street subject to the requirements of POMC 20.124.090. (4) Sight triangle at intersections shall be preserved subject to review and approval by the city engineer or designee prior to the issuance of a building permit. 20.38.260 MVOD road standards. (1) Compact, walkable urban environments require a different road standard than what is typical of historic automobile -oriented development and which may differ than the adopted Public Works Engineering Standards and Specifications (PWESS). The city engineer may approve deviations to the PWESS provided the applicant adequately demonstrates that the alternative design satisfies the following criteria: (a) The deviation results in a safe design for all road users; (b) The deviation provides the same or greater level of functionality; (c) The deviation does not create an adverse impact to the environment; and (d) The deviation results in a design which provides at least the same level of maintainability. 20.38.270 MVOD off-street parking standards. (1) Off-street parking requirements within the MVOD shall meet the minimum standards described in Chapter 20.124 POMC, except that for residential uses POMC 20.124.140 shall not apply. (a) Vehicle parking minimum quantities for residential uses within the MVOD shall be provided in accordance with Table 20.38.270. Table 20.38.270 Land Use Unit of Measure Minimum Parking Requirement Single-family detached (including manufactured homes, mobile homes) Per dwelling 1 available space within 1,000 ft. of site Backyard cottage Per dwelling N/A Carriage house Per dwelling 1 available space within 1,000 ft. of site Two-family Per dwelling 1 available space within 1,000 ft. of site Single-family attached houses Per dwelling 1 available space within 1,000 ft. of site Multifamily: Studio - 3+ bedroom Per dwelling 1 on -site space Table 20.38.270 Minimum Parking Land Use Unit of Measure Requirement Multifamily accessory dwelling unit Per dwelling 1 available space within 1,000 ft. of site Boarding house Per bedroom 0.5 Congregate living facilities Per bedroom Lodging house Group home (up to 8 residents), except as Per bedroom 0.5 follows: Adult family home Per adult family 2 home All group living (9 or more residents) Per bed 0.5 All social service Per bed/per 300 0.5 per bed and 1 per 300 sq. ft. office sq. ft. office 20.38.280 MVOD tree canopy standards. (1) Development within the MVOD shall not be subject to the significant tree standards described in Chapter 20.129 POMC. Development within the MVOD shall be subject to the standards described herein. (2) Tree canopy requirements shall apply to new development within the MVOD. The following activities are exempt from the tree canopy requirements of this section: (a) Removal of any hazardous, dead or diseased trees, and as necessary to remedy an immediate threat to person or property as determined by a letter from a qualified arborist; (b) Construction or maintenance of public or private road network elements, and public or private utilities including utility easements not related to development; (c) Construction or maintenance of public parks and trails; and (d) Pruning and maintenance of trees. (3) All significant trees within any perimeter landscaping requirement, critical area protection areas and required buffers shall be retained, except for trees exempted by subsection (2) of this section. (4) Development shall meet a minimum 25 percent tree canopy coverage except as provided in subsections (6) and (9) of this section. On sites that do not meet this requirement through existing tree canopy or where an applicant removes the existing tree canopy, new plantings shall be planted pursuant to subsections (6) through (8) of this section. For sites requiring new plantings to attain the required tree canopy percentage, tree canopy coverage requirements shall be calculated according to projected growth at 20 years maturity consistent with Table 20.38.280. (a) Tree canopy shall include all evergreen and deciduous trees six feet in height or greater, excluding invasive species or noxious weeds, within the gross site area. (b) Existing or planted tree canopy may include street trees and may be located within perimeter landscaping, site landscaping, critical area protection areas and required buffers, and open space tracts or easements. (5) Site tree canopy shall be measured according to Table 20.38.280. Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape designer, arborist, or a licensed land surveyor. Table 20.38.280 - Measuring Tree Canopy Existing Canopy New Canopy Option 1 Tree Survey Option 2 Aerial Estimation 20 -Year Canopy Calculation • Measure average canopy • Obtain aerial imagery of site For each proposed species: radius (r) for each tree to be • Measure site boundaries • Calculate radius (r) of retained canopy at 20 years maturity • Measure canopies of • Calculate existing canopy individual trees or stand area • Calculate canopy coverage area using the formula: using leading edges as the using the formula: CA = flr2 Canopy area (CA) = flr2 forest boundary • Multiply by the proposed • Total the sum of tree canopy • Divide total canopy quantity to be planted to areas and divide by gross site measurement by the gross Table 20.38.280- Measuring Tree Canopy Existing Canopy New Canopy Option 1 Tree Survey Option 2 Aerial Estimation 20 -Year Canopy Calculation area to obtain canopy site area to obtain canopy obtain total species canopy coverage percentage coverage percentage area • Total the sum of species canopy area for all proposed species and divide by gross site area to obtain 20 -year canopy coverage percentage (6) To assist in the preservation and retention of significant trees and existing tree canopy outside of critical area protection areas and required buffers and perimeter landscaping, the applicant may utilize the following credits: (a) Individual significant trees retained on site shall be counted at 125 percent of their actual canopy area. (b) For clusters or stands of five or more trees, each tree shall be counted at 150 percent of its actual canopy area. (c) For clusters or stands of five or more significant trees, each tree shall be counted at 200 percent of its actual canopy area. (d) Retained trees located within no more than 20 feet of a rain garden or a bio-swale on site shall be counted at 150 percent of their actual canopy area. (7) In addition to the requirements of subsections (6) through (8) of this section, trees planted to meet tree canopy requirements shall meet the following criteria: (a) Sites must be planted or replanted with a minimum of 50 percent evergreen species, except: (i) The evergreen portion of the required planting mix may be reduced to 37.5 percent when the deciduous mix contains exclusively indigenous species to the Puget Sound region, not including alder; and (ii) Sites obtaining tree canopy requirements solely through street trees are exempt from the requirement to include evergreen species in the planting mix; (b) Sites requiring planting or replanting of tree canopy must plant no more than 30 percent of trees from the same species and no more than 60 percent of trees from the same taxonomic family. (c) Replacement trees shall be planted in locations appropriate to the species' growth habit and horticultural requirements. (d) When preparing the landscaping plan, applicants are encouraged to meet the tree canopy requirement by conserving existing tree canopy including significant trees and other vegetation located on the site and place new plantings in protected areas (such as street trees, perimeter landscaping, open spaces and critical area protection areas and required buffers) at healthy spacing densities before placing trees within individual lots or yards; and (e) Replacement trees shall be located in such a manner to minimize damage to trees or structures on the project site and on properties adjoining the project site. (8) The following tree protection measures shall be taken during clearing or construction: (a) Tree protective fencing shall be installed along the outer edge of the drip line surrounding the trees retained in order to protect the trees during any land disturbance activities, and fencing shall not be moved to facilitate grading or other construction activity within the protected area; (b) Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable; and (c) Signs must be posted on the fence reading "Tree Protection Area." (9) An applicant may reduce the tree canopy requirements by no more than five percent through a landscape modification when all of the following criteria are met: (a) The applicant demonstrates in writing that they have made a good faith effort to comply with the tree canopy requirements within the physical constraints of the site by: (i) Retaining as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; or (ii) Replanting as much of the tree canopy as possible on site consistent with best management practices for maintaining the health of trees; (b) The applicant proposes to plant additional understoryvegetation or ground cover area, excluding lawn cover, invasive species or noxious weeds, to fulfill the remaining canopy requirement not met by retention or replanting of tree canopy; and (c) When critical areas protection area buffers exist on site and those buffers are not highly functioning, the applicant proposes to enhance the buffers by removing invasive species and noxious weeds and/or planting vegetation indigenous to the Pacific Northwest, spaced for maximum survivability. (10) Retained significant trees, trees planted as replacements for significant trees, and trees planted to meet requirements in subsection (3) of this section may not be removed except when determined in writing by a certified arborist to constitute a hazard. (11) Any significant trees identified in a landscape plan to be retained and subsequently damaged or removed during site development shall be replaced at a rate of three trees for each one damaged or removed significant tree. 20.38.285 Building design. (1) Applicability. Building design for the building types permitted in the MVOD as described in POMC 20.38.225 is reviewed as follows: (a) Detached houses, Middle Housing and accessory buildings to residential uses shall comply with the requirements of POMC 20.139. (b) Building types other than detached houses, Middle Housing or accessory buildings to residential uses shall comply with the requirements of POMC 20.127. 20.38.290 MVOD architectural variety. (1) Purpose. The purpose of this section is to ensure architectural variety in developments by accommodating various architectural styles, design elements, and facade elevations for certain building types. Buildings constructed in the MVOD shall comply with the architectural variety requirements of POMC 20.139.035. 20.38.600 Height Overlay District (HOD). A Height Overlay District (HOD) is hereby established with boundaries as shown on Figure 20.38.640 (1)(a) — Height Overlay District Map. 20.38.610 HOD intent. The intent of the Height Overlay District (HOD) is to establish uniform regulations for building height in designated areas to implement adopted subarea plans, support the Centers strategy outlined in the City of Port Orchard Comprehensive Plan Land Use Element, and promote orderly development. The HOD allows for increased building heights in designated Centers to accommodate greater densities consistent with adopted subarea plans while ensuring compatibility with surrounding land uses. The provisions of the HOD are intended to balance development opportunities with the protection of scenic views, access to light, and the preservation of property values. The HOD establishes specific height measurement methods that account for variations in topography where applicable. These regulations are intended to ensure that new development contributes positively to the overall health, safety, and welfare of the community. The HOD applies to the following designated Centers: Downtown Port Orchard Countywide Center, Bethel -Lund Countywide Center, Sedgwick-Bethel Countywide Center, and Sedgwick-Sidney (Ruby Creek Neighborhood) Countywide Center. 20.38.620 HOD applicability. No new building or modification of an existing building may be permitted in the HOD unless it complies with the height limits established in this chapter. 20.38.630 HOD conflicts. Where the requirements of this chapter conflict with another chapter, the more restrictive requirement shall control. 20.38.640 DHOD height limits. (1) HOD Height Zones Established. Within the HOD as shown on the zoning map, there are three different HOD height zones with height limits established as follows: (a) HOD 3: 48 feet — three stories. (b) HOD 4: 58 feet —four stories. (c) HOD 5: 68 feet — five stories. (2) HOD Height Bonus. (a) Within the Downtown Port Orchard Countywide Center, a 10 -foot (one story) height bonus not to exceed 20,000 feet in area may be granted to exceed the applicable maximum height provided in subsection (1)(a) of this section if the applicant agrees to construct and operate (or lease to an operator) a grocery store in the same building for which the bonus is sought, with the grocery store space measuring at least 10,000 square feet in area. In addition to the 20,000 -square -foot bonus limit, the area of this additional 10 feet of building height shall not exceed 95 percent of the area of the floor immediately below this bonus height (floor). Any height bonus shall require a development agreement between the developer and the city that provides assurances to the city guaranteeing that the ground floor commercial space will be developed and operated as a grocery store upon project completion. (b) Height bonuses may be granted in accordance with Chapter 20.41 POMC. (3) HOD Height Zone Map. The height zones described in this section shall be applied as reflected on the HOD Height Zone Map as shown in Figures 20.38.640 (1) (a -e). y . - - -F City of Port Orchard Height Overlay �+ ry 1iaY^+�� i S l re Figu1a . i� ` i - ar-6• _ I i�7Mla,lhl 11 t.: k.e s ,1 I. II - ��1�j,.itbp V. -: 1U4 ! Height Overlay District _ — , .. Hood 'V f9 _ IWX-4 Erfnrirva URk omiwrce zxx-g4 i!1 �° o� 3e ! _ r o a. oz I Figure 20.38.640 (1)(a) — Height Overlay District Map ORCHARD. City of PortOrchard Height Overlay D3stncts Figure lb '';i4 IL 9 t 11 -: - =� — �, — I I ,A Ile _• _' J - - - _ _, 1 - - '' - - - HeightOverlay District yi � _ -1. _ _ _ I 1 ' - - l l 1 I ' F1Op_5 Etteclwa Dale at anlnence XXX-24 _ . I - _ I L --I - — — _ -.rill- 'F- .1 _ . I p - 00029.05 0.1 015 0-z --1 -J C I - - - - - - Mil Figure 20.38.640 (1)(b) - Height Overlay District Map: Downtown Port Orchard Countywide Center _ I � _ y - - - - - - - -I - City of Port Orchard Height Owlay _ _ - r - - I f - - - iI;i_ i i - ..- - - - Height Overlay Distr€ct _ "r I HO0-3 sE - Ettactiw Data of GtArnence XXX-24 A — ---' t — I - I - - - - - - - - -_ 00O2O.05 0-1 015 02 sM Figure 20.38.640 (1)(c) - Height Overlay District Map: Bethel -Lund Countywide Center —� _- ,,,= i Height Overlay :7 III r_T:± H Height Overlay District tloa-3 f -- -- — HOOD — — — fna�mw,fateoln�ooexxx-� -9 — _ - I- - - A - - 90 02p i 09 Figure 20.38.640 (1)(d) - Height Overlay District Map : Sedgwick-Bethel Countywide Center `QRCHARD. city Of Part Orchard .__ _ '-. _ Height Overlay f - •; -Districts - Figure le -------------------------------------- I Height Overlay District -.,.___...-_.. - —.�. -, • 'p ETa^iwn fate Manrpence CCX-24 - - - N .,-S - - __ - _ ' — 00.02iEi55 0.71 0.165 0.22 Figure 20.38.640 (1)(e) - Height Overlay District Map: Sedgwick-Sidney (Ruby Creek Neighborhood) Countywide Center 20.38.650 HOD height measurement. Building heights shall be measured one of two ways based on whether the parcel to be developed abuts Bay Street or whether it does not abut Bay Street. (1) Building heights for lots abutting Bay Street shall be measured from the average grade of the property line that abuts Bay Street rather than from the grade plane as defined in Chapter 20.12 POMC (see "building height" and "grade plane"). If this property line is below the city's minimum flood elevation or forecasts for sea level rise, the property line may be elevated to the required minimum ground floor flood elevation for the purpose of measuring height. (2) Building heights for lots not abutting Bay Street shall be measured in accordance with the definition of building height as found in Chapter 20.12 POMC. 20.38.660 HOD variances. Property owners may seek variances from the building height standards imposed under the HOD pursuant to Chapter 20.28 POMC, Variances. 20.38.670 HOD map amendments. Property owners seeking to modify the boundaries of the HOD or the HOD Height Zone Map in POMC Figure 20.38.640 (1)may do so by a site -specific rezone pursuant to Chapter 20.42 POMC, Site -Specific Rezones.