HomeMy WebLinkAbout3972AN ORDINANCe. amending Ordinance No. 1792 relating to laad use and
zoning by adding chapter ViIi to Title II to provide for the
creation of Planned Unit Developments.
CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~dil~Ip~L_l: Ordinance No. 1792, Title II is hereby amended
to add the following Chapter:
CHAPTER ViII
P!~NNED UNIT DEVELOPMENT
SECTION 774 Synopses of Ordinance
SECTION 775 Purpose
SECTION 776 Outline of the PUD Process
SECTION 777 Conceptual Review
SECTION 778 Neighborhood Meeting
SECTION 779 Preliminary PUD Application
SECTION 780 Development Coordinating Committee
SECTION 781 Planning Commission Recommendation
SECTION 782 Decision of the City Council
SECTION 783 Appeal to the City Council
SECTION 7~4 Final Plan Application
SECTION 785 Planning Director Review of Final Plan
SECTION 7~6 Appeal of Planning Director's Determination
SECTION 787 Scope of PUD Approval
SECTION 788 Allowable Uses
SECTION 789 General Development Standards
SECTION 790 Specific Development Standards
SECTION 791 Project Phasing
SECTION 792 Open Space Guarantee
SECTION 793 Effective Period of a PUD Plan
SECTION 794 Changes to Final PUD Plan
SECTION 795 Conformance with Final Plan
SECTION 796 Performance Bond
SECTION 797 Real Property Restrictions
SECTION 798 Penalty
S ECT].O?I 775
?[I?.PD.~F.,: The i~lanned Unit Develo[~,ment (PUD) chapter of the
zoning Ordinance is intended to:
1. Permit diversity and variety in allowable uses, location,
and types of structures;
2. Promote the efficient u~e o(' land by facilitating a
flexible ar~:angemen~ o]} buildings, circul~tion systems,
land uses, and utilities;
~-~o.rve to the greatest extent, poss!ble the existing
.l andscd, pe features, and minimize adver~e effect on
sensitive environmental areas;
4. Allow the combination and ccordination of architectural
styles~ building forms, and building relationships within
the planned area;
5. Lessen development impacts on adjacent areas through site
design and necessary mitigati~g measures;
6. Preset:ye the value, character~ and integrity of
surrounding areas which have been or are being developed
under traditional zoning district regulations;
7. Provide g~'e~3 ter predictability for the applicant's
chances of gaining approval~
8. Provide City officials witt~ assurances that the project
will retain the character proposed at the time
approval; and
9 ~ Allow t ]~e general public greater opportunity to
participate in the development pzocea~s.
SE,"TIO[,I 776
" "P ?[%D.C~'~S A PUD application is reviewed by
the City in a two-part p~ocess: review off a preliminary plan
first and then of a final plan. The purpose of the two-part
review process is to help limit development costs prior to a
City determination of the acceptability of the preliminary
p/an for a PUD.
T i (3 N 7 7 7
Prio~ to preliminary submittal of a PUD application, the
applicant shall request a Conceptual Review. The
Planning o[fice shall arrange a conference within seven
(7) wo:k[ng days following a ~equest.
SEC'~. ~ON 778
After the conceptual review, but p~ ].or to filing a
pre] ]minary applicat]on~ the Planning Director may
requi [-e a ne ighbo u hood meeting if the proposed PUD
project: may cause a significant impact on the
neighborho¢~d.
,qliCTiON 779
a preliminary PUD application shall be filed with the
Planning Department. The informatior~ necessary for submittal
and processing of a preliminary PUD application is detailed
in administrative supplements which are available from the
Planning Department. ,
:;[:C"i'iON 't 80
1. A Pre.liminary PUD application shall be reviewed by the
appropriate City Departments. The Planning Department
shall coordinate this [eview o[ the PUD.
The Planning Commission may recommend to the City Council
after a public hearing the approval, disapproval., or approval
with conditions of the preliminary plan for a proposed PUD.
:,:C'i' 1C ,N 782
Upon receipt of the PUD pre].iminary plan, the recommendation
ot the Planning Commission, and other appropriate material,
't:q~ City CouncSi shall act to approve, disapprove, or approve
witli conditions the preliminary plan.
,Si'~CTION 7 83
An applicant or any affected party, other titan a City of
Bremerton administr~ltive officer acting in his official
capacity, may appeal a recommendation of the Planning
Commission. Within ten (10) calendar days from the date of
the Planning Commission recommendation, a written notice of
appeal to tile City Council must be filed with the Secretary
of the P.lanning Commission.
ION 7 9 3
development shall be constructed in a timely manner ·
D~. v~ lopment approval by the City shall be subject to
r<,vocation under the following conditions:
j;ECT I(3~ 794
C~?.~NQE TO F~NAi~ PUD [~LA~: The Planning Director may
a~h~inistratively a[:~prove minor changes to an approved final
~. The criteria that wi.i! be used to review the proposed
minor changes are as follows:
.!?_~ [SQt~_~A_N_~i~. .... ~y..I?]] ...... .i~_:[.~ A~ I~ J~,_A_t]: The C i ty Depa r tment of
C<']m~au ni ty Development :~hal]. is:;ue no final or temporary
c.~tificate of occ~pancy or building permit which does not
with the approved final }?lan.
~!~iR.['].QR_M_AJ%fl£~i DPt!J)- Pr ior to the issuance of any building
~c[mits, the deve]oper shall submit and enter into an
agreement with the City to constr~ct development as may be
approved, r:ogether witF~ a ?erfo~ma~]ce bond or other suitable
cotlatera.1, to be approved by the City Attorney in an amount
sufficient to ensure the completion of improvements of a
public nature to rite required stoecification, such as but not
limited to streets, sJdewa.lks, waste disposal systems, water
m:~ins: sto~:m runoff and erosion control system, street signst
:~treet li~:~hts and landsca[~ing buffers.
;37:C') !ON 797
.~%[/[~[.: .... t~.~.~I?~.~('J?[.._~f.[~?.~F~.Q}{$: All the lang.] within the PUD
~:ha.! 1. b,.~ ~:.~bjcct to such contractual agreemen2s or recorded
cc..~nants as t~'~C City Council may deem necessary to protect
thc public interest.
S?:CTIO~ 798
_P~_[I/)L_TY. I t sha]. 1 be unl awful for any person, firm or
corporation to const~'~xct, enlarge or change any land or PUD
FINAL PLAN ~P~t~I~_A'I'IQN
1. An application for approval of a .fi~al PUD plan must be
filed wit!] the Planning De~ar tment by the filing
deadline. The information necessary for submittal and
review of a final PUD ap[~] ication is detailed in
administrai~ive supplements which are available from the
Planning Department. Incomplete submittals will delay
the processing of any application.
Fi]CTION 785
. rec,_or shall review the final plan and
1 The Planning Di
shall verify both that it is i.n substantial compliance
with the preliminary plan approved by the City Council,
and that any problems and al.1 details have been worked
out. If an affirmative finding of substantial
conformance is made, the PI. arming Director must approve
the fir]a] PUD ~ppl ication without any additional
stipulations. The [inai site plan shall be recorded with
the County Auditor.
The applicant or an affected party may appeal the
determination of the Planning Director that a final PUD plan
i:; ,:;,~ is not in substantial conformance with a preliminary
pla~t approved by the City Council.
sttper'itapose each approved specific PUD onto the underlying
zonin,~ district(s)- The underlying zoning district{s) are
the official zoning district of record for the City of
~e
Br e~et:ton. The uso a~[d density restrictions of tn
u~iderlyin~3 zone(s) are controll3~ng w=c.h~ the PUD, unless thc
City mak~-'s specific allowance ot.h{:~.wfsc in accord with the
[:r'ovi[;ions of this Ordinance. Howe'~er, the PUD stxall be an
e.<c,':ption t:o the lot requirement:; of the underlying zoning
di~t~:ict (s) to the extent that the PUD may modify those
c-' ~ (ie. 1. nt size, setback~ h~.iaht) The PUD shall
const~x, utea limitation on the use and design of the site.
,'~ECTION 788 ~
l. The uses allowed in a PUD shall be governed by the
allowed uses in the underlying zoning district(s).
G-~F~-~.D~Y~SLQ~?~/_~3~Z~,~.~iRP,.~j. A PUD may ke approved if it
is found that the development conforms to all of the
fo.llow/ng general cFiteria:
SECTION 790 -
~-PE.~J FJ~ C D__~]Yf:i~_P~.~ NT ~_~2AJ~ DA~_DS: A11 p I ann ed u nit
developments shall comply with the following standards.
These standards are intended to provide guidance and
predictability to all participants in the PUD process.
I~ a PUD is to be built in phases, the final plan may also be
submitted in phases. The preliminary plan, however, must be
submitted for all proposed phases at one time. At the time
of prolimina~y plan review by the Development Coordinating
Cemmittee, the appropriate share of any required off-site
uti ] ity connections, streets, or other improvements to be
constructed shall be determined for each proposed phase of
the PUD.
In addikion ho h'ne final development plan(s), the developer
of the PUD shall submit a legal instrument guaranteeing (.1}
thc retention of open space and (2) the permanent maintenance
of open space and commonly owned facilities in accordance
wit?: the provisions of this Chapter.
in the City or cause or permit the same to be done contrary
to or in violation of any of the provisions of this
Ordinance. Any person, firm or corporation violating any of
the provisions of this Ordinance shall upon conviction be
d.~(...]e~t~ ~,, guilty of a misdemeanor~ and each such person shall be
deemed guilty of a se[~arat~3 offen~.? for each and every day or
,~o~tion tl~ereof during wi~ich any violation of any off the
~'ovisions of this ordinance is committed, continued or
permitted.
THE FULL TEXT WILL BE SENT ON REQUEST
APPROVED by the City Coundfl on the first reading this
.... day of ~ ........ ,, 1985.
PASSED by the Eity Council of the City of Bremerton,
~. ~ 9r'~ed by the Mayor and attested to by the City Clerk in
a~t. nentication of s uc~'~ passage this _~ day of
1985.
blORRIE DAWKINS, Mayor
51~-'.T.;~L?,EI'; L. McCLi. ISKEY, Cle/k
AN ORDINANCE amending Ordinance No. 1792 relating to land use and
zoning by adding chapter VIII to Title II to provide for the
creation of Planned Unit Developments.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~: Ordinance No. 1792, Title II is hereby amended
to add the following Chapter:
CHAPTER VIII
PLAI~ED UI~IT DEVELOPMENT
SECTION 774 Synopses of Ordinance
SECTION 775 Purpose
SECTION 776 Outline of the PUD Process
SECTION 777 Conceptual Review
SECTION 778 Neighborhood Meeting
SECTION 779 Preliminary PUD Application
SECTION 780 Development Coordinating Committee
SECTION 781 Planning Commission Recommendation
SECTION 782 Decision of the City Council
SECTION 783 Appeal to the City Council
SECTION 784 Final Plan Application
SECTION 785 Planning Director Review of Final Plan
SECTION 786 Appeal of Planning Director's Determination
SECTION 787 Scope of PUD Approval
SECTION 788 Allowable Uses
SECTION 789 General Development Standards
SECTION 790 Specific Development Standards
SECTION 791 Project Phasing
SECTION 792 Open Space Guarantee
SECTION 793 Effective Period of a PUD Plan
SECTION 794 Changes to Final PUD Plan
SECTION 795 Conformance with Final Plan
SECTION 796 Performance Bond
SECTION 797 Real Property Restrictions
SECTION 798 Penalty
7-12-85
SECTION 775
~: The Planned Unit Development (PUD) chapter of the
Zoning Ordinance is intended to:
1. Permit diversity and variety in allowable uses, location,
and types of structures;
2. Promote the efficient use of land by facilitating a
flexible arrangement of buildings, circulation systems,
land uses, and utilities;
3. Preserve to the greatest extent possible the existing
landscape features, and minimize adverse effect on
sensitive environmental areas;
4. Allow the combination and coordination of architectural
styles, building forms, and building relationships within
the planned area;
5. Lessen development impacts on adjacent areas through site
design and necessary mitigating measures;
6. Preserve the value, character, and integrity of
surrounding areas which have been or are being developed
under traditional zoning district regulations;
7. Provide greater predictability for the applicant's
chances of gaining approval;
8. Provide City officials with assurances that the project
will retain the character proposed at the time of
approval; and
9. Allow the general public greater opportunity to
participate in the development process.
- 1 - 7-12-85
SECTION 776
OUTLINE OF THE PUD PROCESS: A PUD application is reviewed by
the City in a two-part process: review of a preliminary plan
first and then of a final plan. The purpose of the two-part
review process is to help limit development costs prior to a
City determination of the acceptability of the preliminary
plan for a PUD.
1. Part I.
The steps involved in the Preliminary Plan review are:
a. Conceptual Review
b. Neighborhood Meeting
c. Preliminary PUD Application
d. City Departmental Review
e. Public Hearing by Planning Commission
f. Review and Decision from City Council
2. Part II.
The steps involved in the Final Plan Review are:
a. Final PUD Application
b. City Review and Decision
c. Record with County Auditor
SECTION 777
CONCEPTUAL REVIEW
1. Prior to preliminary submittal of a PUD application, the
applicant shall request a Conceptual Review. The
Planning Office shall arrange a conference within seven
(7) working days following a request.
- 2 - 7-12-85
2. The following information shall be submitted for a
conceptual review:
a. A sketch map of existing conditions for both the
subject property and those abutting lands within two
hundred and fifty (250) feet in all direction.
b. A sketch plan of the proposed development, including,
but not limited to:
(1) circulation pattern and distribution of parking
areas;
(2) buildings and use areas, with densities; and
(3) landscape/buffer/open space - recreation areas.
c. The Planning Director or his representative shall
furnish the applicant with written comments within
seven (7) working days after the Conceptual Review.
In addition, this letter shall state whether or not a
neighborhood meeting will be required.
SECTION 778
NEIGHBORHOOD MEETING
1. After the conceptual review, but' prior to filing a
preliminary application, the Planning Director may
require a neighborhood meeting if the proposed PUD
project may cause a significant impact on a neighborhood.
The purpose of a meeting will be to solicit information
regarding design alternatives to minimize any adverse
impact from the proposal and alleviate community concern.
- 3 - 7-12-85
2. When a neighborhood meeting is held, the applicant shall
submit the following names and addresses to the Planning
Department. The names and addresses shall be on stamped
legal-sized envelopes.
a. Neighborhood organizations
b. City Council member(s) of the district(s) in which
the project is proposed.
c. Surrounding property owners per the following
schedule:
Distance in ft. from
perimeter (excluding
Size of PUD public R/W)~ ........
less than 2 acres 250
2 to 5 acres 500
over 5 Acres 700
* Names and addresses shall be provided by a title company,
and shall be submitted for mailing to the Department no
less than fourteen (14) calendar days prior to the
neighborhood meeting.
3. The Planning Department shall take written note of
substantive comments, major concerns, and questions
expressed during the neighborhood meeting. Written notes
shall be available for public review within (5) working
days.
4. A record shall also be established of those persons
attending and/or providing comments as affected parties
which will include their addresses for subsequent
notification.
- 4 - 7-12-85
SECTION 779
PRELIMINARY PUD APPLICATION
A preliminary PUD application shall be filed with the
Planning Department. The information necessary for submittal
and processing of a preliminary PUD application is detailed
in administrative supplements available from the Planning
Department. An incomplete submittal will delay the
processing of any application.
SECTION 780
DEVELOPMENT COORDINATING COMMtTTE~
1. A Preliminary PUD application shall be reviewed by the
appropriate City Departments. The Planning Department
shall coordinate this review.
2. If the Planning Director recommends in a report to the
applicant that the PUD proposal be changed, the applicant
has seven (7) calendar days to respond to the report in
one of the following ways:
a. Modify the proposed PUD according to the Planning
Director's comments;
b. Negotiate the changes with the Planning Director or
his representative; or
c. Choose not to change the proposal and give written
notice to the Planning Department of that decision.
3. No response within the given time frame, when a response
is necessary, will delay scheduling of a public hearing
on the application before the Planning Commission.
- 5 - 7-12-85
SECTION 781
pL~NNIN~ COMMISSION RECOMMENDATION
The Planning Commission shall recommend to the City Council
after a public hearing the approval, disapproval, or approval
with conditions of the preliminary plan for a proposed PUD.
The Planning Commission hearing shall be advertised and
abutting property owners shall be notified according to the
schedule in Section 778-2, 10 days prior to the hearing.
SECTION 782
DEC~SION OF THE CITY COUNCIL
Upon receipt of the PUD preliminary plan, the recommendation
of the Planning Commission, and other appropriate material,
the City Council shall act to approve, disapprove, or approve
with conditions the preliminary plan. The City Council
action approving the preliminary plan shall be the approval
of the layout and densities submitted on the preliminary plan
as a guide to the preparation of the final plan. The Council
need not set a formal public hearing, if no appeal of a
recommendation is filed, in order to act upon a preliminary
plan. The City Council shall make written findings of fact
and conclusions of law to support its decision.
SECTION 783
~.PPEAL TO THE CITY COUNCIL
An applicant or any affected party, other than a City of
Bremerton administrative officer acting in his official
- 6 - 7-12-85
capacity, may appeal a recommendation of the Planning
Commission. Within ten (10) calendar days from the date of
the Planning Commission recommendation, a written notice of
appeal to the City Council must be filed with the City Clerk.
The City Clerk shall transmit to the City Council the record
upon which the recommendation appealed from was made. The
City Council shall, after notice to interested parties, hold
a public hearing at which it may take further evidence. The
City Council has the power to approve, disapprove, or approve
with conditions the preliminary plan. The decision of the
City Council shall be final unless within thirty (30)
calendar days from the date of the decision, the applicant or
an adverse party files an appeal to the Superior Court. The
timely filing of an appeal shall stay the effective date of
the order of the City Council, pending judicial review.
SECTION 784
1. An application for approval of a final PUD plan must be
filed with the Planning Department by the filing
deadline. The information necessary for submittal and
review of a final PUD application is detailed in
administrative supplements which are available from the
Planning Department. Incomplete submittals will delay
the processing of any application.
- 7 - 7-12-85
SECTION 785
PLANNING DIRECTOR R~VIEW OF-FINAL.
1. The Planning Director shall review the final plan and
shall verify both that it is in substantial compliance
with the preliminary plan 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 Planning Director must approve
the final PUD application without any additional
stipulations. The final site plan shall be recorded with
the County Auditor.
2. The final plan shall be in substantial compliance with
the approved preliminary plan. The final plan shall be
deemed in substantial conformance with the preliminary
plan, provided that the final plan does not:
a. Change the general use or character of the
development; and
b. Increase the problems of traffic circulation; and
For PUD developments of 7 acres and under:
c. Increase the number of residential dwelling units by
greater than 2%.
d. Increase the gross square footage of commercial,
office, industrial space by more than 3%.
e. Reduce the approved open space by greater than 3%;
- 8- 7-12-85
Or for PUD developments over 7 acres:
f. Increase the number of residential dwelling units by
greater than 1%.
g. Increase the gross square footage of commercial,
office, industrial space by more than 2%.
h. Reduce the approved open space by greater than 2%.
3. After the Planning Director's decision has been made
concerning the final plan, a letter shall be sent to
persons of record explaining the Planning Directors
decision and the appeal process.
SECTION 786
APPEAL' OF ~LANNING· DIRECTOR'St~TERMINATION
The applicant or an affected party may appeal the
determination of the Planning Director that a final PUD plan
is or is not in substantial conformance with a preliminary.
plan approved by the City Council. Within ten (10) calendar
days from the date of the Planning Director's determination,
a written notice of appeal to the Planning Commission may be
filed with the Secretary of the Planning Commission. The
appeal will be scheduled on the next available Commission
agenda. The Planning Commission shall uphold or reverse the
determination of the Planning Director. The decision of the
Planning Commission shall be final unless within ten (10)
calendar days from the date of the decision of the
Commission, a written appeal to the City Council is filed
with the City Clerk. The Planning Director's determination
of lack of substantia! conformance, or subsequent
- 9 - 7-12-85
ratification by the Planning Commission or City Council of
that determination, shall require the PUD applicant to bring
the final plan into substantial conformance with the
preliminary plan, or resubmit a new preliminary plan.
SECTION 787
-SCOPE- OF~ P~- A~PROyAL: The PUD final approval shall
superimpose each approved specific PUD onto the underlying
zoning district(s). The underlying zoning district(s) are
the official zoning district of record for the City of
Bremerton. The use and density restrictions of the
underlying zone(s) except for the R-i, single-family
residential zoning district, are controlling within the PUD,
unless the City makes specific allowance otherwise in accord
with the provisions of this Ordinance. However, the PUD
shall be an exception to the lot requirements of the
underlying zoning district(s) to the extent that the PUD may°
modify those requirements (ie. lot size, setbacks, height).
The PUD shall constitute a limitation on the use and design
of the site.
SECTION 788
_ALLOWABLE USES:
1. The uses allowed in a PUD shall be governed by the
allowed uses in the underlying zoning district(s). If
the applicant for 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.
Any zoning reclassification granted shall be conditional
- l0 - 7-12-85
on City approval of the final site plan for the subject
property.
2. 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 district(s).
3. Any use normally subject to a special use permit in a
zoning district will be permitted without the requirement
of application for such a permit if that use is approved
by the City Council in a PUD.
4. Any use applied for and not specifically listed in the
Zoning Ordinance, if approved by the City Council shall
be permitted in a PUD.
5. 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 an R-l, single-family zoning district, shall
be 5.0 dwelling units per gross acre.
6. The distribution of dwelling units within the PUD is not
limited to the boundary of any underlying residential
zoning district(s).
- 11 - 7-12-85
SECTION 789
GENERAL DEVELOPMENT STANDARDS. A PUD may be approved if it
is found that the development conforms to all of the
following general criteria:
1. The location, design, and uses of the PUD shall be
consistent with the Comprehensive Plan, Bremerton
Shoreline Management Program, and with other applicable
plans and ordinances adopted by the City.
2. The PUD shall be integrated with its surroundings; it
shall be planned and developed with the intention to
harmonize with existing or proposed development in the
neighborhood. In the case of a departure in character
from surrounding uses, the scale, intensity, and design
shall adequately reduce the impact of the development in
such a way that the project will not be detrimental to
the neighborhood.
3. The traffic generated by the PUD shall be accommodated
safely without congestion on existing or planned streets.
4. All development will be adequately served by existing or
planned facilities and services.
5. The PUD will result in an attractive, healthful,
efficient, and stable environment for living, shopping,
working, and leisure activities.
6. The development plan shall make adequate and appropriate
provision for the preservation of the environment, both
natural and man-made, and the conservation of energy
- 12 - 7-12-85
SECTION 790
~PECIFIC-- DEVELOPMENT:-'-STANDARDS: All planned unit
developments shall comply with the following standards.
These standards are intended to provide guidance and
predictability to all participants in the PUD process.
1. ~&~: An area not less than one (1) gross acre in
size may be considered for a PUD. The Planning
Commission may accept parcels less than one (1) gross
acre provided that there is showing by the applicant that
either:
a. the site has some natural or aesthetic features which
would likely be destroyed if traditional development
techniques were employed; or
b. the subject site is located in an area in need of
rehabilitation and the assembling of additional land
is not possible.
2. Setbackstand Perimeter:
a. Perimeter setbacks of a PUD parcel shall generally be
the same as those required in the underlying zoning
district. Where the scale of a PUD is greater than
that of the adjacent property, the City may require
greater peripheral setbacks in order to insure the
health, safety and welfare of the inhabitants of
adjacent property.
b. The development of the perimeter of the PUD project
shall be compatible with that present in adjoining
properties. Compatibility with surrounding
- 13 - 7-12-85
development includes, but is not limited to, size,
scale, mass, screening and architectural design.
c. Interior setbacks shall be consistent with the
specifications of the approved site plan. Buildings
shall be sited in a manner that will avoid a corridor
or barracks-like effect.
3. t!~: 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 so as not to decrease privacy, impair scenic
views, or adversely affect the balance of light and
shadow on adjacent properties.
4. ~
a. There shall be a minimum of fifteen percent (15%) of
the total area of a PUD dedicated as common open
space, accessible to all owners or tenants of the
development. Open space shall be provided for active
or passive recreational activities, and for the
preservation of existing natural site amenities
whenever possible. Open space shall not include:
(1) streets, alleys, and other rights-of-way;
(2) vehicular drives, parking, loading, and storage
areas;
(3) required buffering and landscaping for parking
areas; or
(4) perimeter setback areas of the PUD project.
- 14 - 7-12-85
b. Open space and supporting facilities intended for
recreational use shall be designed and located so as
not to adversely impact surrounding land uses,
especially existing residential uses.
c. Open space shall be clearly designated on the site
plan to indicate how open space shall be used. The
City will base its acceptance of open space intended
for recreational purposes on the dimensions,
useability, location, slope, and physical
improvements.
d. The location of existing natural site amenities shall
be considered when planning open space, siting of
buildings and other structures, underground services,
paved areas, and finished grade levels. Natural
amenities might include rock outcroppings, ravines,
groves of trees, and ponds or streams. Up to one-
third of property intended to satisfy the open space
requirement can be unsuitable for recreational
purposes if consisting of existing natural site
amenities.
e. When a PUD is constructed in phases, common open
space shall not be less than fifteen percent (15%) of
the total area developed. This percentage of open
space must be completed as to approved specifications
with the completion of each phase of a PUD.
f. Provision shall be made for perpetual maintenance of
any common open space.
- 15 - 7-12-85
5.
a. Ail streets shall be publicly dedicated except:
(1) those serving three or fewer lots in single-
family developments; or
(2) those serving recreational vehicle or mobile
home parks.
b. Streets or rights-or-way shall be provided in
accordance with City standards.
c. A pedestrian circulation system shall be designed to
assure that pedestrians can move safely and
conveniently both on the site and to adjacent
properties and activities as appropriate.
d. All streets and parking area shall contribute to the
overall aesthetic design of the PUD, while minimizing
traffic and the amount of impervious surface.
e. No parking and maneuvering areas shall be allowed
within the perimeter setback of the PUD in any
residential zoning district or abutting any
residential zoning district.
f. The parking requirements and provisions within any
PUD shall reflect the parking provisions found in the
Parking Chapter of the Zoning Ordinance.
6.
All utility facilities, loading areas, trash containers,
outside storage areas, and blank walls shall be screened
from surrounding property.
7. Architectural Theme
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The structural elements of each PUD, including accessory
structures such as signs and lighting, shall be
integrated into a primary architectural theme.
8. Service Improvements
Service improvements in a PUD shall be provided in
accordance with the following provisions:
a. Preliminary Plan Review: Preliminary engineering
information on waste disposal systems, water systems,
electrical systems, street improvements, fire
hydrants, drainage, and other public improvements
shall be reviewed. The primary concern during review
at this juncture shall be the availability of
utilities and services to the site, the adequacy of
utilities to serve the proposed project, and/or
measures to make utilities available on site.
b. Final Plan Review:
(1) Final detailed engineering plans for drainage,
grading, trash collection, fire hydrants, waste
disposal system, water system, electrical
system, street improvements and other public
improvements must be submitted to and approved
by the City. The developer shall execute an
agreement with the City providing for the
installation of improvements.
(2) Where practical, all service facilities shall be
placed underground except those that by their
nature must be on or above the surface.
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(3) The Declaration of Covenants, Conditions and
Restrictions in each deed held by a property-
owner within the PUD shall require periodic
assessments for the maintenance and repair of
any private service facilities held in common.
The Declaration shall also require that the
governing body of the PUD adequately maintain
such facilities.
SECTION 791
~ROJECT-PHAS~NG
If a PUD is to be built in phases, the final plan may also be
submitted in phases. The preliminary plan, however, must be
submitted for all proposed phases at one time. At the time
of preliminary plan review by the Development Coordinating
Committee, the appropriate share of any required off-site
utility connections, streets, or other improvements to be-
constructed shall be determined for each proposed phase of
the PUD.
SECTION 792
OPEN-SPACE~ GUARANTEE
In addition to the final development plan(s), the developer
of the PUD shall submit a legal instrument guaranteeing (1)
the retention of open space and (2) the permanent maintenance
of open space and commonly owned facilities in accordance
with the provisions of this Chapter. Guarantees may include,
but are not limited to, grants to or reservations for the use
of property-owners within the development, dedications to the
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public, conveyances to property-owner associations or
corporations, or by a combination of the above.
SECTION 793
~FECTIVE-~PE~OD~P-A-~PSANNED-UNIT--DEV~5Op~BNT- PLAN: The
development shall be constructed in a timely manner.
Development approval by the City shall be subject to
revocation under the following conditions:
1. Time limit for action upon a preliminary plan. Within a
maximum of two (2) years following City Council approval
of a preliminary plan, the application shall proceed by
filing a final PUD plan for all or part of the
development. If final plan is not filed within one year,
the right to proceed under the preliminary plan shall
expire. The Planning Director may extend the period for
filing a final plan for successive six-month periods upon
a showing by the applicant of a good faith attempt to
submit a final plan.
2. Time limit for validity of the final plan(s). The
applicant must begin the development of an approved PUD
final plan within two (2) years from the time of final
plan approval. An extension for six (6) months may be
granted by the Planning Director. If the final plan is
to be developed in phases, the applicant must begin and
substantially complete the development of eaCh stage
within two (2) years of the time provided for the start
of construction of each stage in the development
schedule. An extension may be granted by the Planning
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Director on the same basis as for nonphased developments.
Failure to develop within the specified time limit shall
cause a forfeiture of the right to proceed under the
final plan and require resubmission of the PUD.
SECTION 794
f~[~~--FtN~---?UD--PLAN: The Planning Director may
administratively approve minor changes to an approved final
plan. The criteria that will be used to review the proposed
minor changes are as follows:
1. Review Criteria:
The Director shall not approve any of the following
changes:
a. A change in the character of the development;
b. A change resulting in a increase in the problems of
providing adequate traffic circulation; or
c. A reduction by greater than 1% of the approved open.
space;
d. An increase of greater than 1/2% in the improved
gross floor area of industrial or commercial
buildings.
2. Any changes other than listed above and which are not
minor in scope may be made only upon approval by the City
Council, and must follow the same process of submittal
and review required for approval of preliminary plans.
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SECTION 795
CONPORMANCE'tWITH--FINAS'-PLAN: The City Department of
Community Development shall issue no final or temporary
certificate of occupancy or building permit which does not
conform with the approved final plan.
SECTION 796
~ERPORMANCE-BOND. Prior to the issuance of any occupancy
permits, the developer shall submit and enter into an
agreement with the City to construct development as may be
approved, together with a performance bond or other suitable
collateral to be approved by the City Attorney in an amount
sufficient to ensure the completion of improvements of a
public nature to the required specification, such as but not
limited to streets, sidewalks, waste disposal systems, water
mains, storm runoff and erosion control system, street signs,
street lights and landscaping buffers. As improvements are
completed and upon application by the developer, a partial
release of the bond or collateral may be authorized which
will leave a balance equal to the cost of Completing the
remaining improvements as certified by the City. The bond or
collateral agreement shall provide for forfeiture to the City
and the right to withdraw funds upon default by the developer
to construct any or all of the public improvements in
accordance with approved specifications within the time
limited for performance.
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SECTION 797
REAL'~PROPERT~-R~STRtCTIONS: Ail the land within the PUD
shall be subject to such contractual agreements or recorded
covenants as the City Council may deem necessary to protect
the public interest.
SECTION 798
~. It shall be unlawful for any person, firm or
corporation to construct, enlarge or change any land or PUD
in the City or cause or permit the same to be done contrary
to or in violation of any of the provisions of this
Ordinance. Any person, firm or corporation violating any of
the provisions of this Ordinance shall upon conviction be
deemed guilty of a misdemeanor, and each such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the
provisions of this ordinance is committed, continued or
permitted.
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APPROVED by the City Council on the first reading this
. ~._~4day of -'--~- '~-F~W~-T~--~~ .... , 1985.
PASSED~y t~ City Council of the City of Bremerton,
signed by the Mayor and attested to by the City Clerk in
authentication of such passage this -.~/-~- day of
MORRIE DAWKINS, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY,' Clerk
ORDINAI~CE ~0. - ............
AN ORDINANCE amending Ordinance No. 1792 relating to land use and
zoning by adding chapter VIII to Title II to provide for the
creation of Planned Unit Developments.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~d~: Ordinance No. 1792, Title II is hereby amended
to add the following Chapter:
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