HomeMy WebLinkAbout2366 Planned Unit Development RegulationsORDINANCE NO. 2366
AN ORDINANCE RELATING TO PLANNED UNIT
DEVELOPMENTS, AMENDING THE TITLE OF CHAPTER
17.40 OF THE PORT TOWNSEND MUNICIPAL CODE TO
BE CONSISTENT WITH THE EXISTING PROCEDURES
AND STANDARDS FOUND IN THE BODY OF THE
CHAPTER TEXT, AND ADDING A NEW SECTION THAT
PROVIDES FOR A LIMITATION OF ACTIONS.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR
SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 17.40 of the Port Townsend Municipal Code is hereby
ammeded to read as follows:
Cha_Dter 17.40
PLANNED UNIT DEVI=LO
Sections:
17.40.010
17.40.020
17.40.030
17.40.040
17.40.050
17.40.060
Permitted.
Application of regulations.
Procedure.
Basis for approval.
Determination on petition--Changes and additions.
Limitations on actions.
17.40.010 Permitted. The unified and planned development of a site, in
a single or corporate ownership at the time of development, may be permitted in
a PUD planned development overlay district without the customary division into
individual lots, or without specific compliance to the district regulations as
applicable to individual lots subject to the regulations as hereinafter provided in
this chapter and as previously provided in Section 17.20.010. (Ord. 1625
Section 4.05 (part), 1971).
17.40.020 A.D.Dlication of regulations, (1) In addition to the uses permitted
in the underlying district any other use may be permitted as previously
designated in Section 17.16.010 consistent with the criteria established in
Section 17.40.040.
(2) Individual uses and structures in a planned unit development project
distdct need not comply with the specific building location, height, building size,
floor area, lot size, and open space requirements of the underlying basic district
provided that the spirit and intent of such requirements are complied with in the
total development plan for such project consistent with the criteria as
established in Section 17.40.040, and subject to such further requirements as
were previously specified under Section 17.20.010. (Ord. 1625 Section 4.05
(A), 1971).
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17.40.030 Procedure. (1) PETITION. Petition may be made to the city
council by the owner or agent of property proposed for such development, to
amend the zoning map by the overlaying of a PUD district in order to permit the
application of the provisions of this chapter to such development. Such petition
shall be accompanied by a fee of twenty-five dollars plus on dollar for every
acre or fraction there of in the project area, and the following information:
(a) A statement describing the general character of intended
development along with such other pertinent information as may be necessary
to a determination that the contemplated arrangement or use makes it desirable
to apply regulations and requirements differing from those ordinarily applicable
under this chapter and Chapters 17.30 through 17.36, 17.44 and 17.48 of this
code.
(b) A general development plan of the project showing at least the
following information or such additional information as may be required by the
planning commission in a specific situation in sufficient detail to allow the
planning commission and the city council to apply the criteria for approval as
hereinafter set forth:
(1) An accurate map of the project area including its relationship
to surrounding properties,
(2) Statistical data on total size of project area, area of open
space, density computation and proposed number of residential units,
population analysis, market analysis, economic analysis, impact upon
municipal services and any other data pertinent to a comprehensive evaluation
of the proposed development,
(3) The pattern of public and private roads, driveways, and
intended design standards,
The size, arrangement, and location of lots or of proposed
parking facilities,
(4)
building groups,
(5)
(6)
The type, size and location of structures,
The location and sizes of sewer and water facilities,
(7) Architectural drawings and sketches illustrating the design
and character of proposed structures,
(8) The location of recreational and open space areas and areas
reserved or dedicated for public uses such as school, park, etc., (9) General landscape treatment,
(10) Existing topography and storm drainage pattern and
proposed storm drainage system showing basic topographic changes,
(11) General outline of intended organizational structure related
to property owner's association, deed restrictions, and provision of services.
(2) REFERRAL TO PLANNING COMMISSION. Such petition shall be
referred to the planning commission and processed as any other petition for
zoning change. Upon completion of necessary study and investigation the
planning commission shall make its recommendation to the city council as to
the appropriateness and desirability of the proposed zoning change, the
suitability of the building, site, and development plans and any additional
conditions which it may feel necessary or appropriate.
(3) PUBLIC HEARING. Upon receipt of the planning commission's
recommendations, the city council shall cause a public hearing to be held
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pursuant to Section 17.64.110. (Ord. 2175 Section 30, 1990: Ord. 1625
Section 4.05 (B), 1971).
17.40.040 Basis for a.DDroval. The planning commission in making its
recommendations and the city council in making its determination shall give
consideration and satisfy themselves as to the following:
(1) That the proponents of the proposed development have
demonstrated that they intend to start construction within a reasonable pedod
following the approval of the project and requested overlay of the PUD district,
that the project appears economically sound, that adequate financing is
possible and that the development will be carried out according to a reasonable
construction schedule satisfactory to the city;
(2) That the proposed development is consistent in all respects to the
spirit and intent of this chapter and Chapters 17.30 through 17.36, 17.44 and
17.48, is in conformity with the general plans for community development,
would not be contrary to the general welfare and economic prosperity of the city
or of the immediate neighborhood, that the specific development plans have
been prepared with competent professional advice and guidance, and that the
benefits and improved design of the resultant development justifies the variation
from the normal requirements of this title through the application of the planned
unit development overlay district;
(3) In the case of proposed residential developments:
(a) That such development will create an attractive residential
environment of sustained desirability and economic stability, compatible with
the character established for the area by the community comprehensive plan,
and where the economic impact of the development in terms of income levels,
property values, and service demands is at least as beneficial to the community
as that which could be anticipated under the basic zoning.
(b) That the population composition of the development will not
alter adversely the impact upon school or other municipal service requirements
as anticipated under the existing basic zoning and comprehensive plan,
(c) That the project will not create traffic or parking demand
incompatible with that anticipated under the comprehensive plan,
(d) That the total average residential density of the project will be
compatible with the comprehensive plan. An increase in the computed
allowable maximum density may be permitted upon recommendation of the
planning commission that the increased density is justified in terms of the
relationship to open areas, service demand, and the total quality and character
of the project,
(e) The minimum size parcel which will be considered by the
planning commission for a planned unit development is two acres (eighty-seven
thousand one hundred twenty square feet) if the proposed development is
situated on unplatted land, and one city block (not less than forty thousand
square feet) is situated on platted land,
(f) That adequate guarantee is provided for permanent retention
as "open area" of the residual open land area resulting from the application of
these regulations, either by private reservation as an enhancement to the
development or by dedication to the public,
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(g) In the case of private reservation the open area to be reserved
shall be protected against building development by conveying to the city as part
of the conditions for project approval as open space easement over such open
areas restricting the area against any future building or use except as is
consistent with that of providing landscaped open space for the aesthetic and
recreational satisfaction of the surrounding residence. Buildings or uses for
noncommercial recreational or cultural purposes compatible with the open
space objective may be permitted only where specifically authorized as part of
the development plan or subsequently with the express approval of the city
council following approval of the building, site, and operational plans by the
planning commission,
(h) The care and maintenance of such open space reservations
shall be assured either by establishment of appropriate management
organization for the project or by agreement with the city for establishment of a
special service district for the project area on the basis of which the city shall
provide the necessary maintenance service and levy the cost thereof as a
special assessment on the tax bills of properties within the project area. In any
case the city shall have the right to carry out, and levy an assessment for the
cost of, any maintenance which it feels necessary if it is not otherwise taken
care of to the satisfaction of the city. The manner of assuring maintenance and
assessing such cost to individual properties shall be determined prior to the
approval of the final project plans and shall be included in the title to each
property,
(i) Ownership and tax liability of private open space reservation
shall be established in a manner acceptable to the city and made a part of the
conditions of the plan approval. (Ord. 2175 Section 31, 1990: Ord. 1988
section 1, 1984; Ord. 1625 Section 4.05 (C), 1971).
17.40.050 Determination on _petition--Changes and ~,ddition$, (1)
The city council after due consideration may deny the petition, approve the
petition as submitted or approve the petition subject to additional conditions.
(2) The approval of a petition and consequent amending of the zoning
map by overlay of the PUD district shall be based on and include as conditions
thereto the building, site and operational plans for the development as
approved as well as all other commitments offered or required with regard to
project value, character or other factors pertinent to an assurance that the
proprosed development will be carried out basically as presented in the official
submittal plans, and shall be mapped and recorded as provided for under
conditional use requirements. Detailed construction and engineering plans
need not necessarily be completed at the time the overlay zoning is granted, but
the approval of such preliminary plan shall be conditioned upon the subsequent
submittal and approval of more specific and detailed plans as the development
progresses.
(3) The developer shall enter into an appropriate contract with the city to
guarantee the implementation of the development according to the terms and
conditions established as a part of the development plan approval.
(4) Any subsequent change or addition to the plans or use shall first be
submitted for approval to the planning commission and if in the opinion of the
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planning commission such change or addition constitutes a substantial
alteration of the original plan, a public headng shall be required.
(5) The provisions of Section 17.64.040 governing conditional use
criteria shall apply to the planned unit development.
17.40.060 Limitations on actions. Any decision, finding, ruling,
determination or binding recommendation of the city council made pursuant to
the planned unit development requirements and authority under this chapter
shall be final at the time the vote is cast and recorded on any such matter and
no action to set aside or modify the same shall be brouqht in the Superior Court
or other tribunal unless the action shall be filled within thirty days from the date
of such decision, finding, ruling, determination or binding recommendation.
Section 2. Severabilitv. If any term or provision of this Ordinance or any part
thereof is held to be invalid or unenforceable by any Court with jurisdiction, then
the remainder of this Ordinance or of such term or provision not affected by such
holding shall remain in full force and effect.
Section 3. Effective Date. This Ordinance shall take effect upon its passage,
approval and publication in the form and manner provided by law.
~Read for the first time on 3'a~'.21./9~, and for the second and third times
._~Ised b~ the City Council of the City of Port Townsend,.Washington, at a
~eof, held~his '3-~,~ ,Zl~ ~.
r I.._~ "' First Reading:.
John Clise, Mayor
Second Reading:.
David Grove, City Clerk
Third Reading:
Publication Date:
Effective Date:
Approved as to form:
Dennis McLerran, City Attorney
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