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HomeMy WebLinkAbout4592 ORDINANCE NO. -z/d,4Y' c~o.,~ AN ORDINANCE amending Sections 21.02.350 through .550 of the Bremerton Municipal Code, pertaining to procedures and standards for Planned Unit Developments. WHEREAS, the "Administration" section of the Bremerton Zoning Code was recently amended to incorporate new procedures for processing and approving development permits, and to adjust procedures for meetings and public hearings, as mandated by ESHB 1724, the "Regulatory Reform Act"; and WHEREAS, the changes that were adopted to the Administration section have resulted in conflicts with procedures contained elsewhere in the Zoning Code for the processing of Planned Unit Developments (PUDs); and WHEREAS, the Bremerton Planning Commission has studied and discussed proposed changes to the Planned Unit Development section that will bring the section into consistency with the remainder of the Zoning Code, and which include a number of other minor adjustments intended to make this section easier to understand and apply and, following a public hearing on March 18, 1997, recommended City Council approval of the amended PUD section; and WHEREAS, the Bremerton City Council considered the proposed amendments, conducted a public hearing on April 9, 1997 to accept public comments, and approved the amendments for inclusion in the Zoning Code; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Bremerton Municipal Code Sections 21.02.350 through .400 are hereby amended as follow: 1 21.02.350 OUTLINE OF THE PUD PROCESS. A PUD application is reviewed by the City in a two-part process; review of a preliminary plan, followed by review ora final plan. The purpose of this process is to minimize development costs prior to a City determination of the acceptability of the preliminary plan for a PUD. (a) Part I: The steps involved in the Preliminary Plan review are: 1) t'n ...... ~_ _ _ ! _ _ _ 2 .... ::'"'"¢ ::: ::: .5:1:~::'~3 :Y"'""~.5:i.5: ~.i.i' :' :'::ii~ :: ~ i ~..~..~::i~iii~::i::~ · :3 ~:~:~:~:: :::::::::::::::::::::::::: :~:~:~ :~ :?"~: ~:]:~:~ :3 ~:~ :3 ~:~.5:~:~ :~ ¢:::":{: ~:~:~: ~:~ :~: ~:~ :~: ~:~:~:~:~:~:~ :3 ~:~:~:~:~ :~: ~ :3 ~:~ :? "~.5: ~:~ :3 ~: ..................................... (~ ............ ~~~reli~n~ P~ application. (4) City~v~ ~ ........... ~-~-~' ~---~ .... ~:.... ~~~~~~ (5) "--~':- heating ---~ ~--'-:-- ~ ~,,~ ..,~ ~,~, by Piing Com~ssio ~:~:33~:~:~:~:~:~: :~:~::::::: ::: :::: ::: :":: g ::: :::: "::: ::: ::: :::: :::'"'""::: ::: ::: ::: :: ::::: :::3: ::::::::::::::::::::::::::: :~:5:~:~.5:~:~:~:~:~.5:~:~.5:5~:5:~:~:~:~:~:E:5":~:~:E:3~:~:3 E:~:~:~:~:~:3~:~:::::::::::::::::::::::::::::: (6) ~--~'~-' .... : ...... ~ ~--:-:--~ ::"':':':'":: ::"':':¢ ::::::: ::"':'::::::::: :~ .5:3~ ~ :"~:~:~.5:~:~.5:~:~:i:1:?"~:i .5:~:~:i.5:: .5:~:~:~:~:! .5:~:~.5:~:~.5:~:i (b) P~ H: The steps involved in the Finfl Plan rehew ~e: (~) Record ~th ~County Auditor. 21.02.360 CONCEPTUAL REVIEW. (a) Prior to the submittal of the Preliminary PUD Application, ~i?~d~}?~?~ ~.!~~i.i~:.~~i=: the applicant shall request a Conceptual Review. The Ptam-fing Department ~i~~ii~......~~ii~ilishall arrange a conference within seven (7) days following the request. (b) The following information shall be submitted for a Conceptual Review: (1) A sketch map of existing conditions for both the subject property and those abutting lands within two hundred feet (200') in all directions. (2) A sketch plan of the proposed development including, but not limited to: I. Circulation pattern and distribution of parking areas; ii. Buildings and use areas, with densities; and iii. Landscape/buffer/open space and recreation areas. (3) The Director of Community Development, or his/her representative, shall furnish the applicant with written comments within seven (7) working days after the Conceptual 2 Review. In addition, this letter shall state whether or not a neighborhood meeting will be required. (Ord. 4172, ' ~'°°' I TOO,]. 21.02.370 NEIGHBORHOOD MEETING. (a) ARer the Conceptual Review, but prior to filing a preliminary application, the Director of Community Development may require a neighborhood meeting if the proposed PUD project may cause a significant impact on a neighborhood. The purpose of such a meeting will be to solicit information regarding design alternatives to minimize any adverse impact from the proposal and alleviate community concern. (b) ~iii~ a neighborhood meeting-is-h~, the applicant shall submit the :::::::::::::::::::::::::::::::::::::: following names and addresses to *~- - *" ..... :--- ~' ................ '": ............. ~"- - -- ~ - ~ j ...... !:?"!:!:::!:!::' shall be on stamped legal size envelopes. : ::: ::: ::: i:: :::: :: '-'.': :::::: ::: ::: ::: :" :====================================== ":::5::::::: (1) Neighborhood organizations. (2) City Council member(s) of the district(s) in which the project is being proposed. (3) Surrounding property owners per the following schedule: Distance in feet from Size of PUD the Project's Perimeter Less than 2 acres 250 ~:~ 2 to $ acres $00 Over $ acres 700 Names and addresses shall be provided by a title company and shall be submitted for mailing to thc Department no less than fourteen (14) calendar days prior to the neighborhood meeting. 1 ..... _'__- 1=~ ............ :'"'"'~:::!:!:i:i!i:i:!:::!:!;!::'"'"": (c) The P,aauu,~, ~,~p,u u.~.t ~i?:~!~i~shall take written note of substantive comments, major concerns, and questions during the neighborhood meeting. Written notes shall be available for public review within five (5) working days. (d) A record shall also be established to include the names and addresses of persons attending and/or providing comments as affected parties for subsequent notification. [~J~U. '-ti /z,,, 21.02.380 PRELIMINARY PUD APPLICATION. A Preliminary PUD Application shall be filed with *'- - "'----'-- ~' .......... ~. The information necessary for submittal and processing of a Preliminary PUD Application is detailed ppl '~ - *" .... :-- - ~' ........... : ................ :::::::' ................................. ' ............... in administrative su ements available froiii m, r,an, t,,q$ x.,,iJm m,~,a ~.i~i~~i~6 ~i~. An incomplete submittal will delay the processing of any application. (Ord. 4172, 19§g). 3 21.02.390 DEVELOPMENT COORP,,i~'~AT.,~G ~~i~ COMMIT~E. (a) A Preli~n~ P~ application shall be reviewed by the appropriate City dep~ments, coordinated by (b) If the Director of Conhaia,5~y Developn~en~ reco~ends, in ~ting to the applic~t, that the P~ proposfl be ch~ged in any way the applic~t shall have seven (7) calendar days during w~ch to respond in one of the folloMng ways: (1) Modi~ the proposed P~ according to the Director's co~ents; (2) Negotiate the changes Mth the Director or ~s~er representative; or .......... .(.}.} ..................... Choose not to change the proposfl and give ~tten notice to the ~ ~~?;~of that decision. (c) No response ~t~n the given time delay scheduling of a publie~~ ~ on the application before the Pla~ng Commission. 21.02.400 PLANNING COMMISSION RECOMMENDATION. After,~,,l,,,,~L,,,~a .... : ..... a t, uo,,~-"- ~-.~,-,,,~---'-- ~~::~::~::~:~::~~:.::~:~:~*~...~:~:~:~:~:~:~:~:~...~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:....~:~:~...~:~:~:~:~:~:~:~:~:~:~:~:~*~:~:~:~:~.. the Pla~ng Comssion sh~l approve,u~ly,a ................... oi apFlWVU Wltli~'{ .... ~OllUltlOll}a:': .... ~:)~:~:::~:::~:~::~:~:~:J:~:[:~:~:~:~:::~:~:~:~[~..~:~.~.'~::~::~:~:~:~:~.~.~:::~:[:~:~:~:J:~:~:~:~*~.~~::::~::::~ be adve~ised in accordance with BMC 21.02.380. ~-~ .... 0o ~, ...... , ..... ~-~ 4172, [111 Section 2. Repeal, New Section. Bremerton Municipal Code Section 21.02.410 is repealed and new Section 21.02.410 is adopted to read: Section 3. Repeal, New Section. Bremerton Municipal Code Section 21.02.420 is repealed and new Section 21.02.420 is adopted to read: 21.02.410~ APPEAL TO Cra' COUNCIL 4 accordance with the appeal procedures of BMC 21.02.930. (Ord. 4293 §8 (in part), 1990; Ord. 4172, 1988). Section 4. Amendment. BMC Sections 21.02.430 through .500 are hereby amended as follow: 21.02.430 FINAL PLAN APPLICATION. An application for approval of a Final PUD Plan must be filed with the-Planning Departmem ~i!bY the filing deadline. The information necessary for submittal and review of the Final PUD application is detailed in administrative supplements which are available from the ,,, .... : ............... ~:.:.:.~:~:~:~:~:~i~:~:~:a~:~:~:~:~:~:~:.~.~.~:~aa~:::~.~.`:.~*~:~:~:~:~:~:~:~:~ ~,,,,~ delay the · -"~''"s ~'~1~'~' .,.e., ~~::!~i::~. Incomplete submittals -- processing of any application. (Ord. 4172, 1988). 21.02.440 DIRECTOR'S REVIEW OF FINAL PLAN. (a) The Director of Connna,-fity De, elopinent shall review the Final PUD Plan and shall verify that it is in substantial compliance with the Preliminary Plan which was approved by the City Council, and that any problems and all details have been worked out. If an affirmative finding of substantial conformance is made, the Director must approve the Final PUD application without any additional stipulations. The final site plan shall be recorded with the County Auditor. (b) The Final Plan shall be in substantial compliance with the approved Preliminary Plan. Minor administrative adjustments to the Final Plan may be approved by the Director and the Final Plan shall be deemed in substantial compliance if the following are not true: (1) The general use or character of the development is not changed. (2) There are no new or increased traffic circulation problems. (3) The total number of residential dwelling units has not increased by more than five percent (5%) over the number shown on the Preliminary Plan. (4) The gross square footage of commercial, office, or industrial s. pace ..... has not increased by more than five percent (5%) over those shown on the Preliminary Plan ~:i~ii~ (5) The amount of approved open space has not decreased by more than three percent (3%). (c) After the Director of Connntinity Devdopnie~:;'s decision has been made concerning the Final Plan, a letter shall be sent to the persons of record explaining the Director's decision and the appeal process. 21.02.450 APPEAL OF D~CTOR'S DE~~ATION. x,,~ appn~am ~, any affected pa~y may appeal the · _ ~ ~ ......... : ~_ _ :: :i::::: :... :3: :?.. i:}:}:~:~:}:~:i:~:i:~:~:i:i:i:i:i: dete~ination of the D~reaor ~ ~,,~.,,,,y Devdopment that the Fin~ P~ 5 ~ii~~ii is or is not in substantial conformance with the Preliminary Plan that was approved by the City Council. Within temO0-) ~~!i~i~i~i~i.lcalendar days from the date of the Director's determination, a written notice of appeal to the Planning Commission may be filed wihh ~ The appeal will be scheduled on the earliest possible Commission agenda. The Commission shall uphold or reverse the Director's determination. The decision of the Planning Commission shall be final, ----'m,~--- a -~i-i~¢n~p~,~' m-'"~u,a~-' u~,~,~,v,,-'- -:-'--- is ~,~ ,~,,, m~ ~,~y ,~,~, ~ ~ The Director's determination of lack of substantial conformance, or subsequent ratification by the Planning Commission~ of that determination shall require the PUD applicant to bring the Final Plan into substantial conformance with the Preliminary Plan, or submit a new Preliminary Plan. (Ord. 4172, 1988). 21.02.460 SCOPE OF PUD APPROVAL. ~ The PUD Final Approval shall superimpose the PUD onto the underlying zoning, which is the official zoning district of record for the City of Bremerton. The use and density restrictions of the underlying zonin~iii~ii~!~iii~i~....~ are applicable to the PUD, unless the City makes specific allowances otherwise in accordance with the provisions of this chapter. ............................................. ~O~:~SS~:i:~,,,,,, allow exceptions to the lot requirements of the underlying zoning district, including modifications to lot size, setbacks, height and other.similar req~![e.~ysi?~?~?~i:' ....... ~. {~ The ~~iiPUD shall constitute ~ limitation on t~ use and design o~,~he site~ii~ ~,,..,,u. 4172, ~98o/. 21.02.470 ALLOWABLE USES. (a) The uses allowed in a PUD shall be governed by the allowed uses in the underlying zoning district(s). If the applicant for the PUD approval seeks to have uses allowed in the proposed PUD that are not allowed in the underlying zoning district(s), a rezoning of the subject property shall be applied for through normal procedures ~li~(!~. Any zoning reclassification granted shall be conditional on City approval of the Final ::::::::::::::::::::::::::: ::::::::::::::::::::::: :::::" '~::: ::::: ::::: :' ~:: :: :' ': ¥"-¥ :'::::: :-::::::::::::::::::::::::: ::: :::5-:" :5:::::: ::::::::::::::::::::::::::::::::::::::::::::::: '::::5.' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: site plan for the subject property ~.i~.i.~/ ~:i:i:i:i:i:i: i:i:i:!:i:i:i:i:i:i:i:i:i:i' 'i:i:!:i:i:i:i: i:i:i:!:!:i:i:f:i:[:ii:::!'"!:i:!:!:::!~:~:!:! :!:!:!:[:!:?"!;i:[:!:!:!:!~: ::! :i: i:i:i::' "::i:i :i:i:i:i:i:i :!:i:f ::::::::::::::::::::: i:i:!:i:i:i: !:! :i:i:! :!8!:!: i: (b) There may be a composite of two or more zoning districts allowing land uses of those zoning districts to be located anywhere within the PUD in accordance with an approved site plan. Allowable uses, buildings, lots, accessory structures, off-street parking areas, and open space may be located without reference to boundaries of the underlying zoning. (c) Any use normally subject to a Special Use Permit in a zoiiing dish-ici will be permitted ---:~- ..... '- ...... ~' .......... ~' .... ';--~-'-- ~' ...... ~ ....... "~iiiif th by the City Council in a PUD. (d) Any use applied for and not specifically listed in this chapter shall ~?ibe permitted 'l~l _ __ :._ _ s'~ * · i':'""~/:::i:i:i:i:iii':'""iii:i:!:iii:i:i:i:!:~:!:i~(': in a PUD if approved by the ~-~,~,~.~,~ ~orca-~iission 6 (e) Determination of the maximum number of dwelling units permitted in a PUD shall be based on the gross acre. A gross acre shall be defined as 43,560 square feet of land involved in the PUD, regardless of the current or proposed use of the land. The maximum allowable density of a PUD in any residential zoning district shall be as follows: Max. Units per Gross Acre ZONING DISTRICTS by Percentages of Open Space 15% 20% 25% or more SF-1 3 4 5 SF-3 9~ 10 12 DR 9~.B.' l0 12 MR 44 50 60 (f) The distribution of dwelling units within the PUD is not limited to the boundary of any underlying residential zoning district(s) 21.02.480 GENE~L DE~LOPMENT STANDA~S. A P~ may be approved if it is found that the development co,ores to all of the follo~ng generfl criteria: (a) The location, design, ~d uses of the P~ shall be consistent with the Comprehensive Plan, Breme~on Shoreline Management Progrm, and Mth other applicable plus and ordin~ces adopted by the City. (b) The P~ shall be integrated ~th its su~oundings ~d designed to h~o~ze Mth e~sting or proposed development in the nei~borhood. In the case of a depmure in chmacter from the su~ounding land uses, the scale, intensity and design shall adequately reduce the impact of the developmem in such a way that the project Mil not be detfimentfl to the nei~borhood. (c) The tr~c generated by the P~ sh~l be acco~odated safely wihho~ _ __ · · __ _~ ...... j ~:~:~:~:~:~:...~[~:~:~:~:~¢?::...:~[~:3~:~S~:::...:{:i:~:~[:~:~:~:?..~:3~:[:5:[::.~i:5:?...7..~5:[:5:~:~:~:~:?.~:~:E~:~:7....?..`.~:[:~:~:~:~:~:~:~:~:~:~:~5:....:~:5:[:i~:~:5~........~:~:~:~:::~:5:i:?..?. congestion u. e~shng ~, ~m.,.u ~::~::::g~g:~~g~$~!g~g~:~ streets. (d) ~1 development will be adequately se~ed by e~sting or planned facilities and se~ices. (e) The P~ will result in ~ attractive, healt~l, efficient and stable environment for living, shopping, worhng and leisure actMties. (O The development plan sh~l make adequate and appropriate prohsion for the prese~ation of the en~roment, both natur~ ~d man-made, ~d the conse~ation of ener~. 7 21.02.490 SPECIFIC DEVELOPMENT STANDARDS. All Planned Unit Development projects shall comply with the following standards, which are intended to provide guidance and predictability to all participants in the PUD process: (a) Parcel Size: An area not less than one (1) gross acre in size may be considered for a PUD. The ~-*"1 IJ, lllllll~ ..... -' -- --~.,UIIUIUi~i~IUII t'n....... '- --: - - ~[(~gi.!============================================ ay accept ~~i~[!~ ~i }p ar gels,. ,......,..., ,.,., .. ,... ,....,....,.......,.......:. ,,,.. ,:.,..:.:.:...,,...:.:. smaller than one acre provided that there is adequate showing by the applicant that: (1) The site has natural or aesthetic features which may be destroyed or adversely affected by traditional development techniques otherwise allowed; or (2) The site is located in a City designated urban renewal area, neighborhood conservation area, or other "target area" for rehabilitation or redevelopment; and (3) Properties in the immediate vicinity of the proposed development are all or mostly developed, or are otherwise not available for acquisition nor suitable for the proposed use; and (4) The uses and style of the proposed development will be consistent with and/or complementary to the existing development character of the area. ~!~g~,e:..~ii~i~giiSetbacks"and-]aerimet~w: (1) A resident~Planned Unit Development smaller than one acre in area shall conform to the normal-setback requirements of the zoning district in which it is ~~. If the PUD includes a combination of zones, the most restrictive setbacks shall apply.!!!!i?~ maintain minimum front, side, and rear setbacks according to the height of the buildings, as follows: SETBACKS BUH_,DING HEIGHT Front Side Rear 0 - 25 feet 20 t~. 10 It. 10 fL 26 - 35 feet 25 It. 15 It. 15 It. Over 35 feet 30 It. 20 It. 20 It. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 8 (c) Height: Building heights in a PUD may be varied from the underlying zoning district(s). However, building heights shall be compatible with the scale of the surrounding neighborhood to maintain privacy, retain scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. (d) Open Space: (1) ~ ~ilminimum of fifteen percent (15%) of the total area cfa PUD ~i!~!!.:.dedicated as common open space, - ..... :~'- ~v ~, v~.~ ~ v, ~,,,,,L~ ,,1 .......... ..,........-.-................. dex, tqopnm~. Open space shall be provided for active as well as passive recreational activities, and for the preservation of existing natural site amenities whenever possible. Open space shall not include: I. Streets, alleys, and other rights-of-way. ii. Vehicular drives, parking, loading and storage areas. iii. Required buffering and landscaping for parking areas; iv. Perimeter setback areas of the PUD project. ~i::::::::' i: ~:::i:i:i:i:i:~:i:~i:!:!:i:~:i:~:~:~:!::.?..~:~:i:~:~:i:?~:!:~:i:i:i:i::~:i:i:i:i:::i:i:i:!:!:i:~:!:!:~::::: ~ ~.ii~~.i~!i.i~i.i~ i ~i ~ i.~{~ii.~ :3i:333i:3i:?"i:3i:i:3:'i:3i:i:i:?':i:i:i:i:i~:"':Y"$:i:3 :i:!:i:31:i:i:i: 31 :i:i:i:i:i:~:i:i:i:!:?':;/i:i:i:ii:i:?"i:i: i:i:i:?" ::? "'3 i:i::'i:i:i:i: 3i:5:!:i: ~::: ?"i:3~:i: }:i:i:i::?"!: i: ;:i :i: ?" "'"'" i:?"'"'":'i: i: (2) Open space and supporting facilities intended for recreational use shall be designed and located to not adversely impact surrounding land uses, especially existing residential USES. (3) Open space and its intended uses shall be clearly designated on the site plan. At least two-thirds of the open space area shall be suitable for active recreational purposes. The City will base its acceptance of these areas on their dimensions, useability, location, slope, (4) The locations of natural site amenities shall be considered when planning for open space, siting buildings and other structures, routing underground services, and determining finished grade levels and areas to be paved. Natural amenities might include rock out-croppings, ravines, groves of trees, ponds or streams. Up to one-third (1/3) of property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of existing natural site amenities. (5) When a PUD is constructed in phases, common open space shall not be less than fifteen percent (15%) of the total area developed in each phase and must be completed in accordance with approved specifications at the time of completion of each phase of the PUD. (6) Provisions shall be made for the perpetual maintenance of all common open space areas. (7) The total requirement for active open space may be reduced by no more than twenty-five percent (25%) through the provision of a recreation building, swimming pool, or similar major recreational facility that, in the opinion of the Planning Commission, will better provide for the needs of the residents without significantly detracting from the project's appearance or environmental quality. 9 (e) Circulation: 1. 111~ ~$1 ~111~ [IH $~ ~1 15~$1 l~t~ 111 ~lll~l$-l~llHly ~1~111~11[~ (2) ~ ......... 1__., ...... ~,:_,__ ~_ ~ .... ~ __ _ ~ ........ ~ ~_ _. ....... ,__. ~ ..... : J _ J : ...... J ...... 2,L ~:,__ _~_ ~ a_ ~a ================================================================================================================================================================================================================================== (3) A pedest~ circulation system sh~l be designed to assure that pedest~ans can move s~ely and conve~ently both on the site ~d between the site ~d he.by prope~ies ~d activities, as approp~atc. (4) ~1 streets and paring areas shall cont~butc to thc overall aesthetic design of the P~, w~le ~mizing traffic congestion ~d thc amount of imperious su~ace area. (5) No paring or maneuvering ~ea~::~~::::~~g~shall be allowed ~t~n the P~'s perimeter setbacks when the development is ~t~n or abutting any residential zo~ng district. requ~einents and provisions wit~n any P~ sh~l be based on the pro~sions contained in ~ ~ ~~:: ::~::~ MC?' '" ::5:?: ::::::::::::::::::::::::::::...::::::: ::: ::::a:::: · ::::::::: ::: ::: ::: :.:~::: ::: ::: :: :.... 21. 0 ~?~ ~::::~::::~j~ [~ ~~/~ ~ ~:: ~ ~5~???:?:?:?:i:757:?"??~:?:5:~:?:~:?:?:?? ~?:?:?:?:? :-,':5:?~:37:?:5:~:~:::]:?::-~:?:5:~:?:?:~:5:5:5:?:3~:?:5.-. 'g?'. '.~:?:?:?:?:?::.~97:?: :?:?:5: ::?:,'. ': ::: ::: :::: :: .'.:::-::,-.: :?:~ :~:?:?.-..-.....?.-..--..::~? ......... ~~~e~~0~::?:~-. .................................................................. ~ ................ ~ ....................................... ": ........................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~' (~ Screening: ~1 utility facilities, loading areas, trash containers, ~outdoor eom ..ounding ~:~:~:~:~ ~:~:~:::~:~:~:~:~:~ :~:~:?"~:~:~ ~:~:~.~.~?:~.~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::.~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:5::~::~:?`:~:~:~:~:~:~:~:~:~:~:~*~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:?~.~:~::.?..~:~:~: :~:~:~::::: :: .':~:: ::: ::: :: .-.:, ':: ::: :: ::::: ::: :::.':: ::'.'::::: * :::::: ::: ::: ::: ::: ::~: :~:~:~:~:~::'~:~:~:?::~ :~:~:~:~:~:~:~:~ (g) Architectural Theme: The st~ctur~ elements of each P~, including accesso~ st~ctures such as signs ~d lighting, shall be integrated into a pfim~ architectur~ them~ ~:~:~:~: :~:~:~:~:~ g~:~:~:~:~"' ~:~:::T $~:~:~: ~:3i:5:3~:~:~:3:'"~:~:~:~:~:~:~:~ :::3~:~::::":~ :~:3~:~:~:~::' ':~:~:~:3~:~:~: ::::::::::::::::::::::::::::::::::::::::: (h) Se~iee Improvements: Semite improvements in a P~ shall be provided in accordance with the following pro~sions: (]) Preli~na~ Plan Review: Preli~na~ engineering info~ation on waste dispose, water ~d electfic~ systems, street improvements, ~e hydra, ts, drainage and other the av~lability of such utilities ~d semites to the site, their adequacy to se~ice the proposed project, angor necess~ measures to make the needed utilities ~d se~ces available on the site. (2) Fin~ Plan Renew: i. Fin~ detailed engineering pl~s for drainage, grading, trash collection, fire hydrants, waste dispos~ systems, water system, electfic~ system, street 10 improvements and other public improvements must be submitted to be approved by the City. The developer of the PUD shall execute an agreement with the City to ensure the installation of improvements. ii. Where practical, all service facilities shall be placed underground, with the exception of those that, by their nature, must be on or above the surface. iii. The Declaration of Covenants, Conditions, and Restrictions in each deed to be held by a property owner within the PUD shall require periodic assessments for the ongoing maintenance and repair of all private service facilities held in common. The Declaration shall also require that the governing body of the PUD be responsible for the adequate maintenance of such facd~t~es. ~v, ~. ,~.,~o ~,~ ~, ,~,~, ,.,,u. ,~ , ~, l 21.02.500. PROJECT PHASING. ~.. If the PUD is designed to be built in phases, .................. ~ ........ ~'Final Plan may also be submitted ~iii~ii~i!~ii~iiin phase~i LII~i5 LU[~,I UK;V~IU}JIIIK;III,. ~ At the time of the Preliminary Plan Review, the appropriate share of any off-site utility connections, streets, or other public improvements to bc constructed shall be determined for each phase of thc PUD. ~,_:,, ........ ,~, Section 5. Amendment. BMC Sections 21.02.520; .530; and .550 arc hereby amended as follow: 21.02.520 EFFECTIVE PUD PLAN. The development shall be constructed in a timely manner, as outlined in this section, and the development approval by thc City shall be subject to revocation if the following time limitations for planning and development are not met: (a) Time Limit for Action on a Preliminary Plan: Within a maximum of two (2) years following City Council approval of a Preliminary Plan, the applicant shall file a Final Plan for ail or part ~~ of thc Planned Unit Development. If the Final Plan is not filed within two years, the right to proceed under the Preliminary Plan shall expire. The ?laih-iing Coniinission ~ilimay approve a one time one year extension of time upon a showing by the applicant that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period. (b) Time Limit for Validity of the Final Plan(s): The applicant must begin the development of an approved Planned Unit Development within two (2) years of Final Plan approval. A one time one-year extension of time may be granted by the Planrfing Coniniissio~:,~ ~, as provided above. If the project is to be developed in phases, the applicant must begin and substantially complete the development of each phase within two (2) years of the time 11 provided for the start of construction of each phase in the development schedule. Extensions may be granted by the ~'----'-- "' ..... :--:-- :~ ....... ::~ .......... ~:~::on · -,,,,,,,.~ ,.~v,,,,-~,~,. [~ii~il the same bases as provided above. Failure to develop within the specified time limit shall cause a forfeiture of the right to proceed under the Final Plan and require resubmittal of the Planned Unit Development application. 21.02.530 CIIANGES TO FINAL PUD PLAN. ~!!~~...Community Development may administratively approve minor changes to an approved Final Plan in accordance -w,,,-:"- crileria of o ° ,,.[~- -~' u,,.,' -'-'~i::~::~:~g~i~::~i~::::~ 21.02.550 PERFORMANCE BOND. ~ Prior to the issuance of any o~,~up~,~cy permits, the developer shall submit and enter in~;'~}i~i~i}i~ii.i~i.~~i~}.i~.}~.i.lg~ii~i}..~.}}g~:.~ agreement with the City to construct the development as approved, together with a performance bond or other suitable collateral, to be approved by the City Risk Manager in an amount sufficient to ensure the completion of improvements of a public nature to the required specifications and including, but not limited to, streets, sidewalks, waste disposal system, water mains, storm runoff and erosion control system, street signs, street lights, and landscaped buffers. ~ As improvements are completed and upon application by the developer, a partial release of the bond or collateral may be authorized, provided it will leave a balance equal to the cost of completing the remaining improvements, as certified by the City. ~I The bond or collateral agreement shall provide for forfeiture to the City and the right to withdraw funds upon default by the developer for the purpose of constructing any or all of the public improvements in accordance with the approved specifications. APP,~OVE. D by the City Council of the City of Bremerton this day of ~(_~,2~ ~./ ,1997. PASSED by the City Council of the City of Bremerton this day of ('~~~ .1997. DAVID FARR, City Council President APP OW this I <~) day of ~ 0_ ,1997. L~NN ItORTON, Mayor P~TEST: KATItLEEN McCLIJSKI~, City Clerk - PUBLICATIONDATE /-¢'7 _ 12 ORDINANCE NUMBER - Summary of Ordinance No. AN ORDINANCE amending Sections 21.02.350 through .550 of the Bremerton Municipal Code, pertaining to procedures and standards for Planned Unit Developments. The following is a summary of amendments to the Planned Unit Development sections of Bremerton's Zoning Code, BMC 21.02. These changes have been made to clarify the PUD process and to adjust the roles of the Planning Commission and City Council consistent with recent State-mandated "Regulatory Reform" requirements. 1. All references to the "Planning Dept." are changed to "DCD" or "Permit Center". 2. References to "Director of Community Development" are changed to "Director". 3. 350(a)(1): Improved description of the "conceptual review" intent. 4. 350(b)(3): New item. Transfers Preliminary PUD approval from Planning Commission to City Council. The DCD Director has Final Approval authority with the exception of specific approvals that require a City Council approval. 5. 360(a): Requires at least one pre-application conference before the applicant can get a review of the concept plan and preliminary application. 6. Section 410: New item to better describe the City Council's PUD process. 7. Section 420 directs the appeal to Superior Court instead of the City Council. 8. Section 430: "Incomplete submittals may (not necessarily" will") delay the processing..." 9. Section 440(b)(4): Added flexibility to allow a small shift in major land use categories, 10. Section 450(a): "The applicant or any affected party" is changed to "Any party of record", as defined in the "Administration" section of the Zoning Code. The appeal period is changed from 10 to 14 days, 11. Section 460(c): Added more detail to describe what is included in an "approved PUD" and to state that those limitations are in place until the project is constructed or approval expires. PUD Ordinance Summary --- Page 1 12. Section 470(a): Clarification: Final rezone approval will depend on City approval of the Final Plan and time limits for performance. Preliminary PUD approval does not lock in the rezone. 13. Section 470{e): Density figures adjusted to be consistent with the densities allowed in the zones. The PUD allows densities to exceed the limits of the Comprehensive Plan, in exchange for greater open space. 14. Section 480{c) states that traffic will be accommodated "within the adopted Levels of Service for affected streets." This refers to the "concurrency" requirements that new development not exceed the City's adopted LOS standards for streets. 15. Section 490{a): Changed to allow the Director, rather than the Planning Commission, to accept PUD applications on small parcels if, in his/her opinion, they meet the listed criteria. 16. Section 490(b)(1): Added "Reduced setbacks may be considered when not adjacent to the perimeter of the PUD." This change will make it more difficult to violate the basic perimeter setbacks for very small (under one acre) PUDs. Setbacks for larger PUDs are established in a table. 17. Section (b)(3): New section to allow structures to "step back" as their height increases. 18. Section {b){4): New section to require interior setbacks to be based on the requirements of the zone, but to allow deviations "to achieve project design objectives". A better design would be the basis for reduced setbacks, not higher residential density. 19. Section (d): Removed the requirement that open space be "accessible to all owners or tenants of the development." This change recognizes that some open space may consist of inaccessible steep slopes, wetlands, or other environmental features that are not suitable for active recreation and should not be accessible to everyone. 20. Section (d){1)(vi): Added the following to the list of lands that shall not be included as open space in the PUD: "Small remnants of land that are not physically, visually, or functionally related to the project's overall open space plan." This is intended to discourage the inclusion of scattered pieces of excess land in corners and between buildings that are not useable nor part of an overall landscaping and open space system. PUD Ordinance Summary --- Page 2 21. Section (d)(3): Improved descriptions of"active" and "passive" open space. 22. Section (e)(1): Simplified to require all streets and rights-of-way to meet adopted standards. 23. Section (e)(2): Added a better definition of"driveway" for PUD purposes. 24. Section (e)(6): Modified this parking requirement to state that parking standards "are subject to modification through the PUD process to best meet needs and project objectives." 25. Section (f): Requires the "softening" of the visual impacts of solid fences and walls through design or through the effective placement of trees and other landscaping materials. 26. Section 500(a): Requires that each phase of a phased PUD be clearly delineated on the Preliminary Plan, along with a development schedule. 27. Section SOO(b): Changes to this section place greater importance on the design of a phased PUD at the Preliminary Plan level. Since a PUD is a "master plan" for a complex project, each phase should be able to stand on its own, in case other phases aren't built in a timely manner. If a plan for phasing and a timetable for development can't be provided, the Plan may not be ready for Preliminary approval. 28. Section 550(a): Added "Development Agreement as provided in BMC 21.02.900" to the requirement for an agreement. APPltDVED by the City Council of the City of Bremerton this 9th day of April, 1997. PASSED by the City Council of the City of Bremerton this 16th day of April, 1997. The full text of this ordinance is available in the City Clerk's Office, 239 4th Street, Bremerton, WA 98337.