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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). New Text -Beteted-Te~ Page 1 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 New Text -Deteted-Te~ Page 2 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, New Text -~ Page 3 (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 New Text -Beteted--Te~ Page 4 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 New Text -Detet~FTe~ Page 5