HomeMy WebLinkAbout2657ORDINANCE NO. 2657
AN ORDINANCE of the City of Port Angeles
modifying the chapter of the City's Zoning Code
that pertains to Planned Residential Develop-
ments (PRD's), allowing residential building
types in certain PRD's to vary from those
permitted in the underlying zoning district,
and amending Ordinance 1709 as amended.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows.
Section 1. Chapter 17.70 of the City of Port Angeles
Zoning Code, Ordinance 1709 as amended, is hereby amended as
follows:
PRD - PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
Section 17.70.010 - PURPOSE AND INTENT The purpose of the
Planned Residential Development District is to provide alternative
zoning regulations which permit and encourage design flexibility,
conservation of natural amenities, and innovation in residential
developments. It is intended that a Planned Residential Develop-
ment will result in a residential environment of higher quality
than traditional lot -by -lot development by use of a design process
which includes within the site design all the components of a
residential neighborhood, such as open space, circulation,
building types, and natural features, in a manner consonant with
the public health, safety, and welfare. It is also intended that
a Planned Residential Development may combine a number of land use
decisions such as conditional use permits, rezones, and subdivi-
sions into a single project review process to encourage timely
public hearings and decisions and to provide for more open space
and transitional housing densities than is required or may be
permitted between single - family and multi - family zoning districts.
The consolidation of permit reviews does not exempt applicant(s)
from meeting the regulations and submitting the fees and applica-
tions normally required for the underlying permit processes.
Section 17.70.011 - DEFINITIONS
A. COMMON USABLE OPEN SPACE: Area within a Planned Residential
Development which is accessible and usable to all residents
- 1 -
of the development and which is either:
1. Land which is unoccupied by nonrecreational buildings,
parking areas, or traffic circulation roads; and
2. Land which is dedicated to recreational buildings,
structures or facilities; or
3. Land which is dedicated to an open space purpose of the
Planned Residential Development such as preservation of
natural features.
To be considered common usable open space for recreational
purposes, the open space must be usable for specific or
multi - purpose activities, be located on generally level land,
be regularly shaped and contain a minimum of 1000 square
feet.
B. NEIGHBORHOOD DENSITY: The neighborhood density is the number
of dwelling units per acre allowed by zoning when streets,
parks, electrical distribution substations, and other
necessary supporting development are included in the
calculation.
C. PLANNED RESIDENTIAL DEVELOPMENT (PRD): A PRD is a site
specific development which has been approved by the City
Council under the provisions of Chapter 17.70 of the Port
Angeles Municipal Code.
D. RECREATIONAL PURPOSE: An express intent of a space design
and development to service a particular healthful or
aesthetic activity.
E. TOWNSITE BLOCK: A block of 500' x 300' dimension or 3.44
acres as created by the original platting of the Townsite of
Port Angeles.
F. TRANSITIONAL HOUSING DENSITY: A calculation measured in
dwelling units per acre that is greater than the maximum
units /acre permitted in one zoning district and less than the
maximum units /acre permitted in another zoning district.
17.70.020 - APPLICABILITY Planned Residential Developments
may be established, subject to final approval of a proposal for a
- 2 -
r
1
specific parcel or parcels of land, in all districts which allow
residential uses, and may include land which is zoned PBP. A
Planned Residential Development shall contain a minimum of one (1)
acre with basic densities permitted only per the underlying zoning
districts and a minimum of 3.44 acres with additional density
credits as may be permitted through Section 17.70.061.
17.70.030 - PERMITTED USES Only those residential uses
allowed in the underlying zoning district are permitted within a
Planned Residential Development of less than 3.44 acres; provided
that, for purposes of this Chapter, a single - family residence may
be attached to another dwelling by common walls. Residential
building types in a Planned Residential Development of 3.44 acres
or more may vary from those permitted in the underlying zoning
district.
17.70.040 - PERMITTED MODIFICATIONS OF LAND USE REGULATIONS
The approval of a Planned Residential Development may include
modifications in the requirements and standards of the underlying
land use regulations of the district in which the project is
located, subject to the limitations of this Chapter, except that
no approval shall include a modification, variance or waiver of
the setback areas required by the underlying zoning districts
along the exterior property lines of the PRD or of the require-
ments of the Shoreline Master Program except as provided in
Chapter 173 -14 WAC.
17.70.050 - STANDARDS The following standards shall apply
to all Planned Residential Developments:
A. All street and utility improvements shall be constructed
to standards specified by the City of Port Angeles.
Street widths may vary from widths required in the
Subdivision Regulations, and interior circulation
streets may be either public or private.
B. All Planned Residential Developments shall devote at
least 30% of the gross area of the site to common usable
open space, half of which must be used for recreational
- 3 -
purposes and none of which will be credited in the
setback areas required along the exterior property lines
of the PRD. Street rights -of -way, driveways, parking
lots and utility structures shall not be counted as part
of the common usable open space. Common usable open
space shall be maintained as an integral part of the
site and may not be segregated as a separate parcel or
parcels unless such parcels are to be owned by a home-
owners association. Community recreation facilities and
recreation structures shall be included in calculating
the area devoted to common usable open space.
C. All Planned Residential Developments 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 PRD in form and manner
acceptable to the City.
D. Platting shall be required of all projects which involve
or contemplate the subdivision of land. Lots in a
platted Planned Residential Development may be sold to
separate owners according to the separate lots as shown
in the recorded plat which is approved in connection
therewith. Development of all lots within the platted
Planned Residential Development shall be as shown in the
approved PRD. No further subdivision of land within the
Planned Residential Development will be permitted unless
a formal amendment to the PRD is approved.
E. Conditional Use Permits shall be required of all
projects which involve or contemplate conditional uses
which may be allowed in the underlying zoning
district(s). No further conditional use permits, except
home occupations, will be permitted within the Planned
Residential Development unless a formal amendment to the
PRD is approved.
- 4 -
F. For any underlying land use regulatory process that is
consolidated through the PRD overlay process, the
criteria and development standards of that underlying
land use regulatory process shall be met. Any
subsequent land use decision made pursuant to an
underlying land use regulatory process shall also
require a formal amendment to the PRD.
G. To encourage design flexibility, conservation of natural
amenities, and innovations which result in a higher
quality residential environment than traditional
subdivisions, site planning and architectural review
which address the following criteria are required of all
development in the PRD. Where applicable, the design of
PRDs shall accomplish the following to the greatest
extent possible:
1.
Preserve unique physical features of the site
including, but not limited to, creeks, wetlands,
ravines, bluffs, lakes or ponds, shorelines, and
forest areas.
2. Preserve scenic view corridors, both internal and
external to the site.
3. Provide recreation facilities including, but not
limited to, bicycle or pedestrian paths,
children's play areas and playfields.
4. The design of all open space areas and building
structures shall be compatible with and complemen-
tary to the environment in which they are placed.
H. All Planned Residential Developments shall comply with
the goals and policies of the Port Angeles Comprehensive
Plan.
17.70.060 - BASIC DENSITY Every Planned Residential
Development shall be allowed an increase of 10% over the gross or
neighborhood density of the underlying zone or zones in which the
site is located, as follows:
- 5 -
ZONE
PBP
RS -9
RS -7
RTP
RMF, OC,
C Zones
NEIGHBORHOOD DENSITY +10% =PRD DENSITY
1.8 dwelling units /acre (50% of +10% =1.98 d.u. /acre
RS -9 density credit)
3.59 dwelling units /acre +10% =3.95 d.u. /acre
4.47 dwelling units /acre +10% =4.92 d.u. /acre
7.26 dwelling units /acre +10% =7.98 d.u. /acre
25.6 dwelling units /acre
+10 %= 28.2 d.u. /acre
17.70.061 - ADDITIONAL DENSITY CREDITS To encourage further
innovative design and site planning, additional density credits
may be granted if the proposed development provides amenities and
improvements above and beyond typical planned residential
development site planning. Additional density credits shall be
based upon the following criteria:
A. Compatibility with the existing residential neighborhood.
Innovative and aesthetic architectural design of buildings
and other structures.
▪ Use of landscaping and natural vegetation to screen and
provide transitional buffering of the PRD development to
neighboring properties.
▪ Provision of recreation facilities such as bicycle or
pedestrian trails, children's play areas, playfields, and
neighborhood parks to serve others in addition to the
occupants of the proposed development.
For each of the above, an additional 5% or less density credits
per criterion may be granted. The total PRD density may not
exceed 20% over the basic PRD density for the underlying zone(s).
17.70.070 - PROCEDURE FOR APPROVAL The procedure for
approval of a Planned Residential Development shall be composed of
four steps:
A. Public hearing on the preliminary development plan and, if
applicable, the preliminary plat and other permit actions and
recommendation by the Planning Commission to the City
Council;
▪ Approval by the City Council at a public meeting of the
B.
- 6 -
preliminary development plan and other actions as applicable;
C. Public hearing by the Planning Commission to review the final
development plan and plat for compliance with the approved
preliminary development plan, and recommendation to the City
Council;
D. Approval of the final development plan and plat by the City
Council at a public meeting.
E. At either the preliminary or final PRD stage, or both, the
City Council may at its discretion decide to hold a public
hearing.
17.70.080 - PRE - APPLICATION REVIEW Prior to applying for a
PRD, a developer shall submit a conceptual plan to the Planning
Department. The conceptual plan will be reviewed for its general
compliance with the intent, standards and provisions of this
Chapter and other City ordinances by the appropriate departments
of the City, and written comments in regard to the plan will be
furnished to the developer. The conceptual plan shall contain in
sketch form all of the information required in Section 17.70.090
E and G.
After the conceptual plan review and prior to accepting a PRD
application, the City shall require a neighborhood meeting. The
purpose of the meeting will be to solicit information regarding
design alternatives to minimize any adverse impacts from the PRD
and to alleviate community concerns. The applicant shall submit
an additional set of mailing labels as required for public notice
per Article XI, Section 14, Ordinance No.1709, as amended (Zoning
Code).
17.70.090 - APPLICATION PROCEDURE The application for a
Planned Residential Development 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 record owners of the land and of the applicant
and, if applicable, the names, addresses and telephone
numbers of any architect, planner, designer, or engineer
- 7 -
responsible for the preparation of the plan, and of any
authorized representative of the applicant.
• A narrative explaining the proposed use or uses of the land
and building, including the proposed number of dwelling units
by type, such as single - family detached, row housing, and
apartments; information on any special features, conditions
of which cannot be adequately shown on drawings; and an
explanation of covenants, continuous maintenance provisions,
and /or homeowners association for the project.
• A survey of the property showing existing features, including
contours at 5 -foot intervals, buildings, structures, streets,
utility easements, rights -of -way, and existing land uses.
• A vegetation survey of the property by either (a) an aerial
photograph of the property in a scale acceptable to the City,
which identifies significant groupings of trees and unusual
or fine specimens of their species; OR (b) a survey of all
trees over twelve inches in trunk diameter measured at four
feet above the ground; as determined by the Planning
Director, in those areas where improvements are proposed.
General wooded areas where no improvements are proposed will
require a vegetation survey containing the following
elements:
1. A mapping of the extent of the wooded areas with survey
of perimeter trees only.
2. A narrative regarding the types (species) and condition
of the trees and under -story in the wooded area.
3. Identification of trees which are unusual or fine
specimens of their species.
4. In general wooded areas where minor improvements are
proposed, a survey of trees over twelve inches in trunk
diameter measured at four feet above the ground will be
required to a reasonable distance around the improve-
ments.
• Preliminary site plans showing existing and proposed contours
- 8 -
at 5 -foot intervals, location and principal dimensions of
buildings, open space, recreation areas, parking areas,
circulation, landscape areas, subdivision platting and
general arrangement.
F. A preliminary plat, if applicable, pursuant to Chapter 58.17
RCW and Chapters 16.04 and 16.08 PAMC.
G. If a developer elects to obtain additional density credits,
the site plan application shall contain specific information
relating to the additional density credit criteria of Section
17.70.061.
H. Preliminary elevation and perspective drawings of project
structures.
I. A preliminary utilities plan, including fire hydrant
locations.
J. A preliminary storm drainage plan with calculation of
impervious areas.
K. An off - street parking plan and circulation plan showing all
means of vehicular and pedestrian ingress and egress to and
from the site; size and location of driveways, streets,
sidewalks, trails, and parking spaces. Any new traffic
control devices required for the safety of the project must
be shown.
L. Mailing labels as required for public notice per Article XI,
Section 14, Ordinance No. 1709, as amended (Zoning Code).
17.70.100 - ROUTING AND STAFF RECOMMENDATIONS Upon receipt
of an application satisfying the requirements of Section
17.70.090, the Planning Department shall route the same to all
appropriate City Departments. Each such department shall submit
to the Planning Department recommendations and comments regarding
the application. The Planning Department shall prepare a report
to the Planning Commission summarizing the factors involved, the
recommendations of other departments, and the Planning Department
recommendation and findings. A copy of the report shall be mailed
to the applicant and copies shall be made available, at cost, for
- 9 -
use by any interested party.
17.70.110 - PLANNING COMMISSION PUBLIC HEARING - SCHEDULING
AND NOTICE Upon receipt of an application satisfying the
requirements of Section 17.70.090, the Planning Department shall
schedule a public hearing before the Planning Commission. Public
notice shall be given as provided in Article XI, Section 14, of
Ordinance No. 1709, as amended (Zoning Code).
17.70.120 - PLANNING COMMISSION RECOMMENDATION - PRELIMINARY
DEVELOPMENT PLANS Prior to making a recommendation on an
application for a preliminary Planned Residential Development, the
Planning Commission shall hold at least one public hearing. The
Commission's recommendation on PRD density shall be based upon
Sections 17.70.010, .060 and .061, and the 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 17.70.050 and the following criteria:
A. The proposed development will comply with the policies of the
Comprehensive Plan and further the attainment of the
objectives and goals of the Comprehensive Plan.
• The proposed development will, through the improved utiliza-
tion of open space, natural topography, transitional housing
densities and integrated circulation systems, create a
residential environment of higher quality than that normally
achieved by traditional development of a subdivision.
• The proposed development will be compatible with adjacent
existing and future developments.
• All necessary municipal utilities, services, and facilities,
existing and proposed, are adequate to serve the proposed
development.
▪ The internal streets serving the proposed development are
adequate for the 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.
- 10 -
F. If the development is planned to occur in phases, each phase
shall meet the requirements of a complete development.
Developments of less than 3.44 acres shall not be done in
phases.
17.70.130 CITY COUNCIL ACTION - PRELIMINARY DEVELOPMENT
PLANS The City Council shall, at a public meeting, consider the
recommendation of the Planning Commission. 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 17.70.060, .061, and .120.
17.70.140 - FINAL APPROVAL OF PLANNED RESIDENTIAL DEVELOP-
MENT Application for final approval of the Planned Residential
Development shall be submitted within one year of the approval of
the preliminary development plan. The site must be under one
ownership prior to final approval by the Planning Commission and
City Council, and the application for final approval must be made
by the owners of the entire site. The application shall include
the following:
A. A title report showing record ownership of the parcel or
parcels upon which the PRD is to be developed.
B. Guarantee ensuring the retention and continued maintenance of
common open space, recreation facilities, and recreation
structures. If development is to be done in phases, each
phase must meet the requirements of this Section.
C. Final development plans, which 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 PAMC.
E. Development 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.
- 11 -
G. Covenants, conditions and restrictions and /or homeowners
association agreement.
17.70.150 - PLANNING COMMISSION REVIEW OF FINAL DEVELOPMENT
PLAN The Planning Commission shall consider the application for
final approval at a public hearing, notice of which shall be given
as provided in Article XI, Section 14, of Ordinance No. 1709, as
amended (Zoning Code). A recommendation to the City Council for
approval shall include findings on the following:
A. Compliance with the approved preliminary development plans;
B Adequacy of the provisions for maintenance of required common
open space and other common improvements;
C. The final plat, if applicable; and
D. Bonding or other acceptable form of security for the whole or
specific parts of the project.
17.70.160 - CITY COUNCIL FINAL ACTION The City Council
shall review the recommendation of the Planning Commission at a
public meeting, 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 PRD shall be filed with and made
a part of said ordinance. The Zoning Map shall be amended to
indicate the extent of the approved Planned Residential
Development, and all future development of the site shall be in
conformance with the approved PRD.
17.70.170 - BUILDING PERMITS The Building Division shall
issue building permits for buildings and structures which conform
with the approved final development plans for the Planned
Residential Development and with all other applicable City
ordinances and regulations. The Building Division shall issue a
certificate of occupancy for completed buildings or structures
which conform to the requirements of the approved final
development plans and all other applicable City ordinances and
regulations. The construction and development of all the usable
common open spaces, public recreation facilities, and other public
- 12 -
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.
17.70.180 - MODIFICATIONS AFTER FINAL APPROVAL The final
approval shall be binding upon the development, and design
variations from the plan must be submitted to the Planning
Commission and City Council for approval and amendment of the
ordinance, except for minor changes, as follows: The Planning
Department is authorized to allow minor adjustments in the
development schedule, location, placement, height, or dimension of
buildings and structures, not to exceed an alteration of ten
percent in height or ten feet in any other direction, when such
minor changes and alterations are required by engineering and
other circumstances not foreseen or reasonably foreseeable at the
time of approval of the final development plans; except that such
adjustments shall not increase the total amount of floor space
authorized in the approved final PRD, or the number of dwelling
units or density, or decrease the amount of parking or loading
facilities, or permit buildings to locate closer to the closest
boundary line, or decrease the amount of open space, or decrease
the recreation facilities, or change any points of ingress or
egress to the site, or extend the development schedule for not
more than twelve months.
17.70.300 - PENALTY Any person violating any provision of
this Chapter shall be guilty of a misdemeanor, and shall be
punished by a fine not to exceed five hundred ($500) dollars or
ninety (90) days in jail, or both such fine and imprisonment.
Each day that a violation continues shall constitute a separate
offense.
Section 2 - Severability. If any clause, sentence,
paragraph, section, or part of this Chapter or the application
thereof to any person or circumstances shall be adjudged by any
court of competent jurisdiction to be invalid, such order or
- 13 -
judgment shall be confirmed in its operation to the controversy in
which it was rendered and shall not affect or invalidate the
remainder of any part thereof to any other person or circum-
stances and to this end the provisions of each clause, sentence,
paragraph, section, or part of this Chapter are hereby declared to
be severable.
Section 3 - Effective Date. This Ordinance shall take effect
five days after publication.
PASSED by the City Council of the City of Port Angeles at a
regular meeting of said Council held on the 3rd day of December,
1991.
ATTEST:
Jon . » rL
Becky Up City Clerk
APPRO D AS TO FORM:
Ae-a_G.._ -K, ---) 0.A. -4-----
Craig D. Knutson, City Attorney
PUBLISHED: December 8, 1991
(By Summary)
PRDREV3
M A Y