013-15 - Ordinance - Repealing Ordinance 007-15 and Amending Title 16 for Tremont Street Corridor Overlay DistrictIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: September 8, 2015
Public Hearing: September 8, 2015
Adopted: September 8, 2015
ORDINANCE NO. 013-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD, WASHINGTON, RELATING TO LAND USE
AND ZONING, REPEALING THE INTERIM ZONING
ORDINANCE No. 007-15 FOR THE TREMONT STREET
CORRIDOR OVERLAY DISTRICT, AND ADOPTING NEW
DEVELOPMENT STANDARDS FOR THE TREMONT STREET
CORRIDOR OVERLAY DISTRICT, RELATING TO THE
GEOGRAPHIC BOUNDARIES OF THE OVERLAY DISTRICT,
THE REVIEW PROCESS FOR PROJECTS LOCATED IN THE
OVERLAY DISTRICT, SETBACKS WITHIN THE OVERLAY
DISTRIC, BUILDING DESIGN STANDARDS FOR THE
OVERLAY DISTRICT, AND SITE DESIGN STANDARDS FOR
THE OVERLAY DISTRICT; ADMENDING SECTIONS
16.20.600, 16.20.6o1, 16.20.602, 16.20.603, 16.20.604,
16.20.605, 16.20.6o8, 16.20.6o9, 16.20.61o, 16.20.6io,
16.20.6119 16.20.6149 16.20.615, 16.20.6i6q 16.20.617,
16.20.6i8g 16.20.619, 16.20.620, 16.20.6279 16.20. 628, AND
16.20.633, TO THE PORT ORCHARD MUNICIPAL CODE.
WHEREAS, the City has adopted the Tremont Street Corridor Overlay District
in Port Orchard Municipal Code Sections 16.20.600 through 16.20.633 in order to
establish development standards to guide the development of an important vehicular
and pedestrian corridor; and
WHEREAS, on February 24, 2015, the City adopted Ordinance No. 007-15, as
an interim zoning regulation under RCW 36.7oA.390; and
WHEREAS, on April 14, 2015, the City held a public hearing on the
maintenance of the interim zoning regulation as required by RCW 36.7oA.390; and
WHEREAS, on April 6, 2015, the City SEPA Responsible Official issued a SEPA
Determination of Non -Significance on the interim zoning regulation; and
WHEREAS, the City staff working with the Planning Commission drafted this
revised ordinance based on the interim zoning regulation to address POMC Sections
16.20.600 through 16.20.633; and
WHEREAS, the new ordinance was sent to the Washington Department of
Ordinance No.013-15
Page 2 of 14
Commerce as required by RCW 36.7oA.io6; and
WHEREAS, a public hearing was held on this revised ordinance by the Port
Orchard Planning Commission on July 20, 2015; and
WHEREAS, the Planning Commission issued its recommendation to repeal the
Tremont Overlay District Regulations and to amend the comprehensive plan to remove
reference to the Tremont Street Corridor Overlay District to the City Council; and
WHEREAS, after studying the Planning Commission recommendation and the
proposed revisions to the Tremont Street Corridor Overlay District developed and
considered by the Planning Commission but not ultimately recommended by the
Planning Commission, the City Council decided to conduct its own public hearing on the
Tremont Street Corridor Overlay District Regulations; and
WHEREAS, the SEPA Responsible Official issued a SEPA Determination of
Non -Significance on this draft ordinance on August 19, 2015; and
WHEREAS, on September 8, 2015 the City Council considered this Ordinance
during a regular public meeting after taking testimony in a public hearing; Now,
Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section i. Section 16.20.600 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.600 Tremont Street corridor overlay district (TRMT)
(mad designation -trmt)
A. Boundaries. The TRMT is an overlay district which shall be
delineated on the city's official zoning map.
B. Purposes. The purpose of the Tremont Street corridor overlay
district (TRMT) is to:
1. Provide site development standards which establish
minimum regulations for all development within the specific plan
area and which contribute to a high quality of development; and
2. Create an attractive gateway to Port Orchard along one of the
primary corridors that visitors would utilize to reach the downtown
city center and waterfront.
Ordinance No.013-15
Page 3 of 14
Section 2. Section 16.20.6ol of the Port.Orchard Municipal Code is hereby
amended to read as follows:
16.20.6oi TRMT — Compliance with Design Standards.
................................................................................................................................................................................................................................................................................
Compliance with the TRMT standards is required for all new construction
of structures and for modifications to an existing structure whereby the
interior square footage of an existing structure is increased by 50 percent
or more.
Sectiona. Section 16.20.602 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.602 TRMT — Exemptions.
.....................................................................................................................................................................................................................................-.........................................
The following actions are exempt from the TRMT standards:
A. The modification of existing single-family structures;
B. Demolition of existing structures;
C. Any interior building remodeling or alterations that are not
included in POMC Section 16.20.6o1; and
D. The repair of existing structure exteriors provided that exterior
materials are replaced in kind or are brought into compliance with, POMC
Sections 16.20.600 through 16.20.633, except where the threshold in
16.20.6o1 is met or exceeded.
Section 4. Section 16.20.603 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.603 TRMT — Pre Application Meetings Encouraged.
All applicants for new development within the TRMT overlay district,
except for those actions which are exempt in POMC Section 16.20.602, are
encouraged to complete a pre -application meeting process with the City
prior to submitting applications for site development activity permits
and/or building permits. While pre -application meetings are encouraged,
applications for building permits may be submitted at any time.
Section 5. Section 16.20.604 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.604 TRMT — Project application requirements.
..........................................................................................................................................................................................................................................................................
A. In order to develop property in the TRMT zone, a property owner
must obtain a Stormwater Management permit and a building permit as
required by POMC Title 15. A property owner may submit these permit
Ordinance No.013-15
Page 4 of 14
applications separately or concurrently, but a building permit will not
issue prior to approval of the clearing and grading permit.
B. At the time the stormwater management permit application is
submitted for development in the TRMT zone, the following materials
shall be submitted to make the application complete:
1. A narrative of the overall project description which demonstrates
how it is consistent with the TRMT design standards and any other
applicable city standards, and such other information as will assist in
establishing that the proposal meets the TRMT requirements and
purposes.
2. A site development plan, which consists of:
a. Vicinity map with adjoining street location and names;
b. Property boundaries and directions;
c. Public and private easements;
d. Adjacent land uses for site context purposes;
e. Proposed building envelopes for all structures including
proposed entryway locations and building orientation to streets;
f. A landscape plan including plant lists by name; quantities
and size of plantings including the identification of existing
significant trees (over 36 inches in diameter) to be retained; and
landscape perimeter and screen.
g. A Parking and access plan including: Parking entry
location from the street; Entry construction details; Stall types
delineated and dimensioned; Location of disabled parking; and
Parking tabulation information including shared parking with
adjoining uses (within ioo feet).
3. In addition to the elements of a complete building permit application,
building permit applications for development in the TRMT shall
additionally include the following drawings:
a. Building elevations;
b. Refuse container enclosure and gate details;
c. Wall sections and details; and
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d. The type and finished color of exterior siding, windows and roofing
n to be used, signs and trim to the extent know.
Section 6. Section 16.20.605 of the Port Orchard Municipal Code is hereby
amended to read as follows: .
16.20.605 TRMT — Review process.
...............................................................................................................................
The permit processing requirements for Stormwater Management permit
applications are described in POMC 15.32. The permit processing
requirements for building permit applications are described in POMC Title
15.
Section 7. Section 16.20.6o6 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.2o.6o8 TRMT — Front yard setbacks.
...................................................._..............................................................................................................................................................._................................._...
Front yard setbacks shall be 20 feet for all buildings. Monument signs may
encroach into a front yard setback provided they are set back at least 5 feet
from the front property line. No parking may encroach into the'front yard
setback. All front yard setbacks shall be landscaped.
Section 8. Section 16.20.6og of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.2o.6og TRMT — Side yard setbacks.
.....................................................................................................................................................................................................................................................
No side yard setback is required except in the following conditions:
A. Where adjacent to a residential district or land use a 10-foot side
yard setback is required.
B. Where the side yard is adjacent to a public street, the building
setback shall be 10 feet. Parking areas and monument signs may encroach
into a side yard setback provided they are set back at least 5 feet from the
side property line. All side yard setback areas shall be landscaped.
Section 9. Section 16.20.610 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.610 TRMT — Rear yard setbacks.
.............................................................................................................................................................................................
No rear yard setback is required except in the following conditions:
A. Where adjacent to a residential district or land use, then a 15400t
rear yard setback is required.
Ordinance No.013-15
Page 6 of 14
B. Parking and monument signs may encroach into a rear yard
setback provided they are set back at least 5 feet from the rear property
line. All rear yard setbacks shall be landscaped.
Section io. Section 16.20.611 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.611 TRMT — Lot coverage.
The maximum allowable lot coverage by structures shall be too percent
for commercial/office uses less required parking area, landscaping, and
setbacks. Residential and multiple -family developments shall conform to
lot coverage found within their respective zone designations.
Section 11. Section 16.20.614 of the Port Orchard Municipal Code is hereby
amended to read as follows:
16.20.614 Blank Walls
.. _.. _.._.. _..
A. Blank Wall Definition. A wall (including building facades and
retaining walls) is considered
a blank wall if:
1. A ground floor wall or portion of a ground floor wall over six
feet in height has a horizontal length greater than 15 feet and does not
include a transparent window or door; or
2. Any portion of a ground floor wall having a surface area of
400 square feet or greater does not include a transparent window or door.
Figure: Blank Wall Definition.
greater than f
I 400
I BLANK WALL I
greater than
B. Blank Wall Standards. Untreated blank walls visible from a public
street or pedestrian pathway are prohibited. Methods to treat blank walls
can include:
1. Display windows at least 16 inches of depth to allow for
changeable displays. Tack on display cases shall not qualify as a blank wall
treatment.
Ordinance No.013-15
Page 7 of 14
2. Landscape planting bed at least five feet wide or a raised
planter bed at least two feet high and three feet wide in front of the wall
with planting materials that are sufficient to obscure or screen at least 6o
percent of the wall's surface within three years.
3. Installing a vertical trellis in front of the wall with climbing
vines or plant materials.
4. Special building detailing that adds visual interest at a
pedestrian scale. Such detailing must use a variety of surfaces;
monotonous designs will not meet the intent of the standards. For large
visible blank walls, a variety of treatments may be required to meet the
intent of the standards.
Figure: Blank Wall Treatment Examples.
Landscaping
Las -
Good and bad blank wall treatment examples. Image A illustrates that
heavy landscaping can be very effective in treating a large blank wall.
Image B uses a combination of planted trellises and display ads
integrated with the building's architecture along a facade facing a drive-
Ordinance No.013-15
Page 8 of 14
through. Image C simply doesn't use enough treatments and the result is
a stark and unwelcome streetscape.
Section 12. Section 16.20.615 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.615 TRMT — Building walls and modulation.
............................................................................................. I................
All buildings which contain two stories or have a building footprint of
more than io,000 square feet or which have facade length greater than
too feet and which are visible from a public street or located within ioo
feet of a residential zone shall use the following elements and features in
design and construction of the building:
A. No wall plane visible from any public.right-of-way shall be wider
than 2.5 times the height of the wall plane (a wall plane is a flat vertical
surface on a building facade, which may include doors, windows,
openings, or other incidental recessions that do not extend through to the
roof line).
B. Any wall or portion of a wall which is visible from a public street
must contain 35 percent surface transparency.
C. All building walls shall provide horizontal modulation consistent
with the following standards:
1. The maximum allowable horizontal length of a building wall
between modulations is ioo feet;
2. The minimum depth of each modulation is 3 feet; and
3. The minimum width of each modulation is 15 feet.
4. As an alternative treatment, horizontal modulation may be
provided by installation of one stand of trees for each required
modulation, located within 20 feet of that portion of the building wall
requiring modulation.
Section 1s. Section 16.20.616 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.616 TRMT — Roof line modulation.
...................................................................................................................--......................................................................................................................................................
A. Rooflines visible from a public street, open space, or customer
parking area must be varied by emphasizing dormers, gables, stepped
roofs, prominent cornice or fascia, or a broke or articulated roofline. The
width of any continuous flat roofline should extend no more than too feet
without modulation. Modulation should consist of either:
Ordinance No.013-15
Page 9 of 14
a. For flat roofs or facades with a horizontal eave, fascia, or parapet,
the minimum vertical dimension of roofline modulation is the
greater of two feet or o.1 multiplied by the wall height (finish grade
to top of wall). The required change in elevation noted above may
be reduced by approximately 1/2 provided the roofline change
corresponds with a change in building materials.
b. A sloped or gabled roofline segment of at least 20 feet in width
and no less than 3 feet vertical in 12 feet horizontal.
(c) A combination of a and b above.
B. All roof equipment shall be screened from public view. Mechanical
equipment should be located below the highest vertical element.
Section 14. Section 16.20.617 of the Port Orchard Municipal Code is
hereby amended to read as follows:
..
16.20.617 TRMT — Windows and awnings.
....................._......................................................................................................................................................................................................................................... .
A. Large, continuous expanses of glass shall provide detailing such as
subdivisions by mullions, panes, or decorative millwork.
B. Horizontal repetition of single windows over long distances is to be
avoided.
C. The use of bay, bow and box windows is encouraged.
D. Tinted glass may be used to reduce solar gain; however, deeply
tinted glass which stops interior views is to be avoided. Mirrored glass or
highly reflective glass is prohibited. Electro-chromatic windows are
permitted.
E. Window frames may be constructed of materials including steel,
anodized aluminum, wood, wood and metal and vinyl -covered wood;
Silver, gold and other bright -colored frames should be avoided in favor of
natural colors.
F. Window awnings along a row of contiguous buildings shall be
restricted to the same form and color. Awnings shall maintain an eight -
foot minimum vertical clearance. Plexiglas and glossy vinyl illuminated
awnings are prohibited. Canvas, treated canvas, matte finish vinyl, and
fabric awnings are encouraged.
Section 15. Section 16.2o.618 of the Port Orchard Municipal Code is
hereby amended to read as follows:
Ordinance No.013-15
Page io of 14
16.2o.618 TRMT..-.. Building design.....................................................................................................
A. Multiple -tenant office buildings shall be clustered and designed
with common materials, colors and styles across their entire facades so as
to create cohesive building designs. However, they can be characterized by
variation in the application of said materials and colors and also in
fenestration details. For example, siding materials or colors may be
alternated between building sections; provided, that no single section be of
a material or color that is not found on other portions or elements of the
facade design. Accent siding materials and prominent siding materials
may also be reversed to create interest. Tenant -specific motifs are
prohibited if they do not reflect the style, colors and materials that
characterize the overall facade design. For purposes of this section, a
single building is defined as any structure that is not completely separated
from another structure by at least a io-foot distance.
B. Common materials, colors and styles are encouraged for multiple
buildings on a single site; however, each building shall be unique in terms
of its general massing design and fenestration design. Variety in design
may be achieved by variation in each building's footprint, roof lines, facade
modulation, and window arrangement. Color and materials may also be
varied.
C. Buildings greater than 40,000 square feet in area shall use one or
more of the following elements in an effort to reduce the appearance of
excess bulk in large buildings:
1. Variety in surface planes of exterior walls in depth or
direction;
2. Variety of the height of the building so it appears to be
divided into separate distinct sections;
3. Articulation in different parts of the building's facade by use
of color, change in materials, and arrangement of elements;
4. Use of landscape and pavement materials at ground level to
encourage the transition from building to parking areas;
5. Use of building trellises, wall articulation, change in
materials, arcades, or other features.
D. To enhance the pedestrian scale of any new development or
redevelopment, buildings must:
Ordinance No.013-15
Page 11 of 14
1. Provide project -appropriate details including window
patterns, structural bays, roof overhangs, siding, awnings, moldings,
fixtures, and other details.
2. Include pedestrian connections between new and existing
pedestrian areas (i.e., plazas, courtyards, street sidewalks) and new and
existing buildings.
3. Create transitions in bulk and scale between large buildings
and adjacent smaller buildings through the use of appropriately scaled
landscaping, fencing, art or other structures.
4. Provide overhead weather protection and interior lot
pedestrian oriented lighting.
5. Public sidewalks shall be separated from the public roadway
through use of landscape planting strips, parking bulb -outs and street
furnishings where appropriate.
6. Pedestrian walkways internal to the site shall be a minimum
of 6 feet in width.
7. At least one building entrance shall face each public street
frontage on a corner lot but in any event, no building shall be required to
have more than 2 front entrances. A corner entrance shall count as 2
entrances when it faces 2 public street frontages. Directly linking
pedestrian access shall be provided between the street right-of-way and
each building entrance.
Section 16. Section 16.20.619 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.6ig TRMT — Siding materials.
..................................................................................................................
Acceptable siding materials include brick, stone, split -face cement block,
shingles, and horizontal lap siding. Other materials may also be used if:
A. They are used as accent materials in conjunction with acceptable
siding materials; or
B. Singular materials are characterized by details or variations in the
finish that create a regular pattern of shapes, indentations, or spaces that
are accented or highlighted with contrasting shades of color.
Section i7. Section 16.20.620 of the Port Orchard Municipal Code is
hereby amended to read as follows:
Ordinance No.013-15
Page 12 of 14
16.20.62o TRMT — Landscape standards.
............................................................................................................................-..............................................................................................................
The general landscape standards set forth in Chapter 16.50 POMC shall
apply unless a more restrictive provision is set forth in the TRMT specific
landscape standards set forth in POMC 16.50.230 through 16.50.239•
Section 18. Section 16.20.627 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.62�7 TRMT — Utilities.
...............-...................................................................................................................................................................................................................................................................
Underground utilities shall be installed for all new development.
Section 19. Section 16.20.628 of the. Port Orchard Municipal Code is
hereby amended to read as follows:
16.20.628 TRMT — Parking and circulation standards.
...............................................................
The general parking standards set forth in.Chapter 16.45 POMC shall
apply unless a more restrictive provision is set forth in the TRMT specific
parking standards set forth in POMC 16.45.200 through 16.45.240.
Section 20. Section 16.20.633 of the Port Orchard Municipal Code is
hereby amended to read as follows:
16.2..........
......................................... .
All permanent freestanding signs within the Tremont Street corridor
overlay district shall be of monument type. Pole signs are prohibited. All
other applicable conditions of Chapter 16.65 POMC shall govern the
placement of signs within the TRMT.
Section 21. Map. The Tremont Overlay District Boundary as shown on Exhibit A
attached hereto, shall be shown on the City's Official Zoning Map.
Section 22. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 2.1. Publication and Effective Date. This Ordinance shall be published by
an approved summary consisting of the title. This Ordinance shall become effective five
days after publication as provided by law.
Ordinance No.013-15
Page 13 of 14
PASSED by vote the City Council of the City of Port Orchard, SIGNED by the Mayor
and attested by the Clerk in authentication of such passage this 8th day of September,
2015.
ATTEST:
randy Rinearson, CMC, City Clerk
U
AS TO FORM:
City Attorney
Cj
Timothy C. Matthes, Mayor
Sponsored by:
B k Ashby, Councilmem r
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held September 8, 2015.
ORDINANCE NO. 013-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING,
REPEALING THE INTERIM ZONING ORDINANCE No. 007-15 FOR THE
TREMONT STREET CORRIDOR OVERLAY DISTRICT, AND ADOPTING
NEW DEVELOPMENT STANDARDS FOR THE TREMONT STREET
CORRIDOR OVERLAY DISTRICT, RELATING TO THE GEOGRAPHIC
BOUNDARIES OF THE OVERLAY DISTRICT, THE REVIEW PROCESS
FOR PROJECTS LOCATED IN THE OVERLAY DISTRICT, SETBACKS
WITHIN THE OVERLAY DISTRIC, BUILDING DESIGN STANDARDS FOR
THE OVERLAY DISTRICT, AND SITE DESIGN STANDARDS FOR THE
OVERLAY DISTRICT; ADMENDING SECTIONS 16.2o.600, 16.20.6ol,
16.20.602, 16.20.603, 16.20.604, 16.20.605, 16.20.6o8, 16.2o.6og,
16.20.61o, 16.20.61o, 16.20.611, 16.2o.614, 16.20.615, 16.2o.6i6, 16.2o.61'7,
16.20.618, 16.20.619, 16.20.620, 16.20.627, 16.20. 628, AND 16.20.633, TO
THE PORT ORCHARD MUNICIPAL CODE.
Copies of Ordinance No. 013-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 013-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: September 18, 2015