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HomeMy WebLinkAbout2038T,t6,79 Jk3,r ORDINANCE NO. A!93 S) AN ORDINANCE of the City of Port Angeles amending Ordinance No. 1709 and the Municipal Code by adoption of a new chapter containing procedures and standards for Planned Residential Developments WHEREAS, the necessary public hearings have been held; and WHEREAS, the requirements of Chapter 43.21C RCW have been met; and WHEREAS, the City Council finds it to be in the best interests of the City of Port Angeles, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as follows: CHAPTER 17.70 Section 17.70.010 PURPOSE AND INTENT. The purpose of the Planned Residential Development District is to provide alter- native zoning regulations which permit and encourage design flexi- bility, conservation of natural amenities and innovation in resi- dential developments. It is intended that a Planned Residential Development 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. Section 17.70.011 DEFINITIONS. A. COMMON OPEN SPACE: Area within a Planned Residential Development which is accessible to all residents of the development and which is either (1) land which is unoccupied by buildings, parking areas or traffic circulation roads; or (2) recreation buildings, structures or facilities. B. PLANNED RESIDENTIAL DEVELOPMENT (PRD): A PRD is a de- velopment which has been approved by the City Council under the provisions of Chapter 17.70 of the Port Angeles Municipal Code. C. 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 is included in the calculation. Section 17.70.020 APPLICABILITY. Planned Residential Developments may be established, subject to final approval of a proposal for a specific parcel or parcels of land, in all districts which allow residential uses, and may include land which is zoned PBP. Section 17.70.030 PERMITTED USES. Only those residen- tial uses allowed in the underlying zoning district are permitted within a Planned Residential Development; PROVIDED THAT, for pur- poses of this Chapter, a single family residence may be attached to another dwelling by common walls. Section 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 un- derlying 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 requirements of the Shoreline Master Program except as provided in Chapter 173 -14 WAC. Section 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 Sub- division 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 usable common open space. Street rights -of -way, driveways, parking lots and utility structures shall not be counted as part of the usable common open space. Usable common 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 calcu- lating the area devoted to usable common open space. C. All Planned Residential Developments shall provide for continuous maintenance of common open space, common recreation facilities, private roads, utilities, park- ing 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. Section 17.70.060 BASIC DENSITY. Every Planned Residen tial 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: -2- Zone Neighborhood Density +10% = PRD Density PBP, RS -9 3.59 dwelling units /acre + 10% = 3.95 d.u. /acre RS -7 4.47 dwelling units /acre + 10% = 4.92 d.u. /acre RTP 7.26 dwelling units /acre + 10% - 7.98 d.u. /acre RMF, RB 25.6 dwelling units /acre + 10% = 28.2 d.u. /acre and C zones Section 17.70.061 ADDITIONAL DENSITY CREDITS. To en- courage 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 resi- dential development site planning. Additional density credits shall be based upon the following criteria: A. Preservation of a unique physical feature of the site such as a stream, marsh, rock outcropping, bluff or pond. B. Preservation of scenic vista corridors both within and outside the site. C. Utilization of energy- saving concepts such as building orientation to wind and sun and /or energy- saving build- ing plans. D. Provision of recreation facilities such as bicycle or pedestrian trails and neighborhood parks to serve others in addition to the occupants of the proposed development E. Retention of ownership of internal streets by a home - owners association or other private entity. For each of the above, an additional 1% or more density credits may be granted. The total density may not exceed 30% over the neigh- borhood density. Section 17.70.070 PROCEDURE FOR APPROVAL. The proce- dure 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, by the Planning Commission, and recommendation to the City Council; B. Approval of the preliminary development plan and pre- liminary plat by the City Council at a Public Meeting. C. Public Hearing by the Planning Commission to review the final development plan and plat for compliance with the approved preliminary development plan, and recommenda- tion to the City Council; D. Approval of the final development plan and plat by the City Council at a Public Meeting. Section 17.70.080 PRE- APPLICATION REVIEW (OPTIONAL). Prior to applying for a PRD, a developer may submit a conceptual plan to the Planning Department. The conceptual plan will be re- viewed for its general compliance with the intent, standards and -3- provisions of this Chapter and other City ordinances by the appro- priate 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. Section 17.70.090 APPLICATION PROCEDURE. The applica- tion for a Planned Residential Development shall contain the fol- lowing: A. The name, location and legal description of the propose . 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, ad- dresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant. B. A narrative explaining the proposed use or uses of the land and buildings, 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. C. A survey of the property showing existing features, in- cluding contours at 5 -foot intervals, buildings, struc- tures, streets, utility easements, rights -of -way, and existing land use. D. 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 four inches in trunk diameter measured at four feet above the ground; as de- termined 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 con- dition 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 four inches in trunk diameter measured at four feet above the groun will be required to a reasonable distance around the improvements. -4- • E. Preliminary site plans showing contours at 5 -foot inter- vals, location and principal dimensions of buildings, open space, recreation areas, parking areas, circula- tion, landscape areas and general arrangement. F. If a developer elects to obtain additional density credits, the site plan application shall contain speci- fic information relating to the additional density credit criteria of Section 17.70.061. G. Preliminary elevation and perspective drawings of project structures. H. A preliminary utilities plan, including fire hydrant locations. I. A preliminary storm drainage plan with calculation of impervious areas. J. An off - street parking plan and circulation plan show- ing 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. Section 17.70.100 ROUTING AND STAFF RECOMMENDATIONS. Upon receipt of an application satisfying the requirements of Sec- tion 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 recommen- dations of other departments, and the Planning Department recommen- dation and findings. A copy of the report shall be mailed to the applicant and copies shall be made available, at cost, for use by any interested party. Section 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. Notice of such public hearing shall be published in a newspaper of general circulation and posted at the site of the proposal by the Planning Department at least ten days prior to the hearing. Section 17.70.120 PLANNING COMMISSION RECOMMENDATION - PRELIMINARY DEVELOPMENT PLANS. Prior to making a recommendation on an application for a preliminary Planned Residential Develop- ment, the Planning Commission shall hold at least one public hear- ing. The Commission's recommendation on population density shall be based upon Sections 17.70.060 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. B. The proposed development will, through the improved utilization of open space, natural topography and in- tegrated circulation systems, create a residential -5- environment of higher quality than that normally achieved by traditional development of a subdivision. C. The proposed development will be compatible with ad- jacent existing and future developments. D. All necessary municipal utilities, services and facili- ties, existing and proposed, are adequate to serve the proposed development. E. The internal streets serving the proposed development are adequate for the anticipated traffic levels and the street system of the proposed development is function- ally connected by an improved collector street to at least one improved arterial street. F. If the development is planned to occur in phases, each phase shall meet the requirements of a complete develop- ment. Developments of less than four acres shall not be done in phases. G. If the development contains less than four acres, there must be special circumstances, such as unique natural assets, special topography, historic landmarks or specia location, that make possible the provision of the bene- fits of a planned residential development, identified in Section .120B, that typically require a larger size. Section 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 Coun- cil 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 develop- ment plans by reference, and shall include findings based upon Sec- tions 17.70.060, .061 and .120. Section 17.70.140 FINAL APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT. Application for final approval of the Planned Resi- dential Development shall be submitted within one year of the ap- proval 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 in- clude the following: A. A title report showing record ownership of the parcel or parcels upon which the PRD is to be developed. B. Guarantee insuring the retention and continued mainten- ance 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. E. Development schedule. -6- 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. Section 17.70.150 PLANNING COMMISSION REVIEW OF FINAL DEVELOPMENT PLAN. The Planning Commission shall consider the ap- plication for final approval at a public hearing, notice of which shall be given by publication and by posting at the site at least ten days prior to said hearing. The Commission may recommend ap- proval or denial, or find that the project has been altered to such degree that it should be reconsidered as a preliminary development plan. A recommendation to the City Council for approval shall in- clude 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. Section 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 modi- fications 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 ap- proved PRD. Section 17.70.170 BUILDING PERMITS. The Building De- partment 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 Department 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 and public recreation facilities 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 de- posited assuring the completion of such facilities within six months. Section 17.70.180 MODIFICATIONS AFTER FINAL APPROVAL. The final approval shall be binding upon the development, and de- sign variations from the plan must be submitted to the Planning Commission and City Council for approval and amendment of the or- dinance, except for minor changes, as follows: The Planning De- partment is authorized to allow minor adjustments in the develop- ment schedule, location, placement, height or dimension of build- ings and structures, not to exceed an alteration of ten per cent in height or ten feet in any other direction, when such minor changes and alterations are required by engineering and other cir- cumstances not foreseen or reasonably foreseeable at the time of approval of the final development plans; except that such adjust- ments shall not increase the total amount of floor space authorized -7- in the approved final PRD, or the number of dwelling units or den- sity, 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 faci- lities, or change any points of ingress or egress to the site, or extend the development schedule for not more than twelve months. Section 17.70.300 PENALTY. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred ($500) dol- lars or ninety (90) days in jail, or both such fine and imprison- ment. Each day that a violation continues shall constitute a separate offense. Section 17.70.310 SEVERABILITY. If any provisions of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 17.70.320 EFFECTIVE DATE. This Ordinance shall be effective five days after publication. PASSED by the City Council of the City of Port Angeles at a egular meeting of the Council held on the /4 day of j) 1979. ATTEST: Marian C. Parris , City Clerk APPROVED AS TO FORM: Miller, City Attorney LISHED: p(7` /f71 -8-