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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