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.

(Ord. 3508 § 1, 6/3/2014)

A.

Mixed Commercial Overlay (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.

(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)

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 of Port Angeles Comprehensive Plan and Land Use Map.

(Ord. 3508 § 1, 6/3/2014)

Those uses permitted in the underlying zoning district.

(Ord. 3508 § 1, 6/3/2014)

The approval of an MCO may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located (see PAMC section 17.94.010 for parcels with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PAMC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter.

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 one 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 vegetated 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 two feet for each one-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 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 subsection 17.37.090.F.

1.

An MCO shall retain a minimum 20 percent of the development as open space/landscaping.

a.

The open space counted toward this set-aside shall not include vegetated roofs that are inaccessible to the general public, 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 subsection 15.24.070.G. PAMC may be applied.

c.

Open space areas may include stormwater detention areas or landscaped swales, or vegetated roofs that are accessible to the general public.

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. Use of rigid cell systems are encouraged to provide adequate soil volume.

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.

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, including LID facilities, 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 one percent of the project value, to a maximum value of $50,000.00 is required of all MCO project proposals.

I.

All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.

(Ord. 3572 § 19, 12/20/2016; Ord. 3508 § 1, 6/3/2014)

A.

All procedural processes are outlined in Chapter 18.02 PAMC.

B.

Final approval shall 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.

(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)

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.

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 "significant" tree and native vegetation inventory. The inventory must be conducted prior to development. "Significant" trees are those with at least a three-inch diameter trunk at breast height (dbh) (four feet) 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.

(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3508 § 1, 6/3/2014)

The following characteristics shall be among those used by the Director of the Department of Community and 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;

G.

Proximity to areas previously developed under this MCO Code section.

(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)

Editor's note— Ord. 3742 § 6(Att. F), adopted Dec. 17, 2024, repealed § 17.37.110 entitled "Hearing Examiner public hearing—Scheduling and notice," which derived from: Ord. 3548 § 20, adopted Jan. 5, 2016; and Ord. 3508 § 1, adopted June 3, 2014.

The Hearing Examiner's decision for approval, denial, or approval with modifications or conditions of the preliminary MCO shall be made 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.

(Ord. 3742 § 6(Att. F), 12/17/2024; Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)

Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.130 entitled "City Council action—Preliminary development plans", which derived from Ord. 3508 § 1, adopted June 3, 2014.

Application for final approval of the MCO shall be submitted to Community and Economic Development Department within two years of preliminary development plan approval; provided that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. For phased MCO's, each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, and the department may approve, one or more one-year extensions as may be deemed appropriate. The site must be under one ownership prior to final approval, 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, on-site 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 Chapters 16.04 and 16.08 PAMC.

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.

(Ord. 3548 § 20, 1/5/2016; Ord. 3508 § 1, 6/3/2014)

Editor's note— Ord. 3548 § 20, adopted Jan. 5, 2016, deleted § 17.37.160 entitled "City Council final action," which derived from Ord. 3508 § 1, adopted June 3, 2014.

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 months of approval of a final MCO.

(Ord. 3508 § 1, 6/3/2014)

Editor's note— Ord. 3742 § 6(Att. F), adopted Dec. 17, 2024, repealed § 17.37.180 entitled "Modifications after final approval," which derived from: Ord. 3548 § 20, adopted Jan. 5, 2016; and Ord. 3508 § 1, adopted June 3, 2014.