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Gig Harbor City Zoning Code

17.89 Planned

Residential Development Zone PRD

Repealed by Ord. 1389.

17.89.010 Intent of the planned residential zone (“PRD”).

The intent of the PRD zone is to allow opportunity for more creative and imaginative residential projects than generally possible under strict application of the zoning regulations in order that such projects shall provide substantial additional benefit to the general community. It is further intended to preserve unique or sensitive physical features, such as steep slopes, public views, retention of natural vegetation and to provide more open space and recreational amenities, for residents of the development and the general public, than would be available under conventional land development practices. Additionally, it is intended to promote more economical and efficient use of land and a unified design concept for residential development. (Ord. 867 § 1, 2001; Ord. 573 § 2, 1990).

17.89.020 Where PRDs are permitted and acceptable parcel characteristics.

A. PRDs may be permitted in all districts zoned residential; the Waterfront Millville (WM) and Waterfront Residential (WR) zones.

B. PRDs shall not be allowed on any parcels less than two acres in size, excluding tidelands, unless one of the following findings are made, in addition to the criteria for preliminary PRD approval in this chapter:

1. An unusual physical, natural resource or topographical feature of importance exists on the site or in the neighborhood which can be conserved and still leave the applicant reasonable use of the land by the use of a PRD; or

2. The property or its neighborhood has an historical character of importance to the community that will be protected by use of a PRD. (Ord. 867 § 2, 2001; Ord. 710 § 82, 1996; Ord. 573 § 2, 1990).

17.89.025 Prohibition on new preliminary PRD applications.

An application for preliminary PRD permit approval shall not be accepted by the city after December 31, 2019. This prohibition shall have no effect on those PRD applications with preliminary or final approval prior to said date. Future proposed amendments to existing PRDs shall be processed as provided for in this chapter. (Ord. 1434 § 1, 2019).

17.89.030 Preliminary PRD permit application procedures.

A. Type of Permit. A preliminary PRD application shall be processed according to the procedures set forth in GHMC Title 19 for Type III-A project permit applications.

B. Duration of Approval and Expiration of Preliminary PRD. The duration of preliminary PRD approval and expiration shall be governed by GHMC 19.02.008 and be subject to the time frames in GHMC 19.02.008(A), unless the preliminary PRD is associated with a preliminary plat; in that case, the underlying preliminary plat approval and expiration shall govern the preliminary PRD.

C. Concurrent Applications. Unless an applicant requests otherwise, a preliminary plat shall be processed simultaneously with a PRD, to the extent that procedural requirements allow simultaneous processing. If an applicant requests that a preliminary PRD application be processed prior to the time a preliminary plat application is submitted or without a preliminary plat, the preliminary PRD application shall not be considered to be vested, i.e., such application shall not be considered under the subdivision, zoning or other land use control ordinances in effect at the time the fully completed application for a preliminary PRD has been submitted to the city.

D. Phasing. If a proposed PRD is to be developed in phases, the entire PRD shall be portrayed in the preliminary PRD application, and each phase shall individually receive final PRD approval within the time periods established in subsection B of this section.

E. Design Review. The applicant shall submit an application for design review approval concurrent with the preliminary PRD application. (Ord. 1245 § 21, 2012; Ord. 1197 § 50, 2010; Ord. 867 § 3, 2001; Ord. 710 § 83, 1996; Ord. 573 § 2, 1990).

17.89.035 Final PRD permit application procedures.

A. Type of Permit. A final PRD application shall be processed according to the procedures set forth in GHMC Title 19 for Type IV project permit applications.

B. Duration of Approval and Expiration of Final PRD. An approved final PRD shall not expire. A final PRD may be amended through the process described in GHMC 17.89.120.

C. Concurrent Applications. A final PRD application shall be processed concurrently with a final plat if the preliminary PRD had an associated preliminary plat. (Ord. 1245 § 22, 2012).

17.89.040 Contents of complete PRD application.

A. Preliminary PRD. In addition to the applicable requirements of GHMC 19.02.002, a complete application for preliminary PRD shall consist of the following information:

1. An environmental checklist or impact statement, as may be applicable, pursuant to GHMC Title 18;

2. The title and location of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land and the applicant, and if applicable, the name, address and telephone number of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;

3. A written description addressing the scope of the project, gross acreage, the nature and size in gross floor area of each use and the total amount of land in square feet to be covered by impermeable surfaces;

4. A vicinity map showing site boundaries and existing roads and accesses within and bounding the site, as well as adjacent parcels and uses;

5. A topographic map delineating contours, existing and proposed, at two-foot intervals and which locates and classifies existing streams, wetlands, steep slopes and other natural features and/or critical areas;

6. Plans drawn to a scale no smaller than one inch equals 30 feet showing the proposed location and size of proposed uses, buildings, buffer areas, yards, open spaces and landscaped areas;

7. A circulation plan drawn to a scale acceptable to the public works director illustrating all access points for the site and the proposed size and location of driveways, streets and roads that have immediate impact on public rights-of-way;

8. Utility, drainage and stormwater runoff plans;

9. A plan of all proposed landscaping including buffers and screening to be used as well as identification of areas of significant trees proposed to be retained;

10. A statement explaining how the proposed PRD is consistent with and implements the city of Gig Harbor comprehensive plan, the designation under the comprehensive plan, current zone classification, and desired zone classification;

11. A narrative describing how the proposed PRD provides substantial additional benefit to the citizens of the city of Gig Harbor (the benefit accruing as a result of implementation of the PRD process as opposed to following the development standards of the underlying zone) and how it is proposed the additional amenities and benefits should apply to the percentage of additional density and/or height being requested;

12. A map of the area, with area proposed for rezone outlined in red; and

13. A complete application for design review as required under GHMC 17.98.040.

B. Final PRD. In addition to the applicable requirements of GHMC 19.02.002, a complete application for final PRD approval shall consist of the following information:

1. A copy of the approved preliminary PRD plans, if required by the director; and

2. Final PRD plans drawn to a scale no smaller than one inch equals 30 feet showing the items required by GHMC 17.89.040(A)(5) through (9); and

3. A written statement on how the final PRD complies with the approved preliminary PRD and any conditions of preliminary PRD approval; and

4. A legal description and map of the area subject to the final PRD. (Ord. 1347 § 55, 2016; Ord. 1245 § 23, 2012; Ord. 1197 § 51, 2010; Ord. 951 § 4, 2004; Ord. 867 § 4, 2001; Ord. 573 § 2, 1990).

17.89.050 Types of uses permitted.

The following uses are permitted in a PRD:

A. Those primary, accessory and conditional uses permitted in the underlying zoning district.

B. Other residential and low impact retail uses may be located within the PRD, if a rezone application is submitted concurrently with the preliminary PRD application, and all of the following criteria are satisfied, in addition to the rezone criteria in Chapter 17.100 GHMC:

1. Such uses constitute 10 percent or less of the proposed project;

2. Such uses are an integral component of the planned residential development;

3. Such uses are compatible with any existing residential uses; and

4. Such uses are consistent with the Gig Harbor comprehensive plan. (Ord. 1389 § 10, 2018; Ord. 1131 § 1, 2008; Ord. 867 § 5, 2001; Ord. 573 § 2, 1990).

17.89.060 Development and design standards.

A. The performance standards of the underlying zoning district may be varied in a PRD, subject to the criteria in this chapter, only as follows:

1. Lot Area and Lot Width. Lot area and width requirements may be reduced where the site plan is such that light, air and privacy are provided. Cluster housing is supported.

2. Setbacks. Structures located on the perimeter of the PRD shall be set back in accordance with the front yard setbacks of the underlying zone.

3. Hard/Impermeable Surface Coverage. Hard/impermeable surface coverage of individual parcels may exceed the percentage of hard/impermeable surface coverage allowed in the underlying zone; provided, that overall hard/impermeable surface coverage of the PRD does not exceed the percentage permitted by the underlying zone.

4. Height. Building height may exceed the maximum permitted by code; provided, that the design protects the views and privacy of properties inside and outside of the project but in no case shall the maximum height exceed 35 feet in R-1 and R-2 districts. Variances from the height limits as provided in the city height restriction area map, as adopted by Chapter 17.62 GHMC, shall not be allowed. For perimeter buildings exceeding the maximum height of the underlying zone, the distance between such buildings and the perimeter of the PRD shall not be less than the front yard setback of the underlying zone plus five feet for each foot of excess height.

B. The performance standards which may not be modified or altered in a PRD are:

1. Maximum density allowed by the underlying zone;

2. Shoreline regulations when the property is located in an area under the jurisdiction of the Gig Harbor shoreline master program;

3. Standards pertaining to development in environmentally sensitive areas;

4. Regulations pertaining to nonconforming uses;

5. Standards pertaining to screening around outdoor storage areas;

6. Total coverage by impermeable surface coverage; and

7. Height restrictions as identified on the adopted city of Gig Harbor height restriction area map and shoreline master program. (Ord. 1389 § 11, 2018; Ord. 1347 § 56, 2016; Ord. 867 § 6, 2001; Ord. 573 § 2, 1990).

17.89.070 Criteria for approval of preliminary PRD application.

A. Applicants for a preliminary PRD application shall demonstrate that, with the exception of the sections of the code from which the applicant intends to vary (as allowed by GHMC 17.89.060), the proposed PRD satisfies all applicable code requirements, and is compatible with surrounding properties. In addition, applicants must make the following showing:

1. Landscaping and site plans showing the location of proposed open space or parks, road layout and proposed buffering of buildings, parking, integrated pedestrian circulation, loading and storage areas, all approved under the design review process;

2. Identification of unique characteristics of the subject property proposed to be retained and how those characteristics qualify for the height bonus under GHMC 17.89.060;

3. Identification of unique characteristics of the proposed use(s) and how those characteristics qualify for the height bonus;

4. The proposed relationship and arrangement of buildings and open spaces as they relate to various uses within or adjacent to the PRD approved under the design review process;

5. Measures proposed to mitigate visual impact of the PRD upon the surrounding area and approved under the design review process;

6. Identification of any extraordinary public improvements proposed for acceptance of ownership by the city in connection with the planned development and that qualify for the height bonus under GHMC 17.89.060;

7. Identification of any unique natural features of the property proposed for acceptance of ownership by the city for preservation, and that qualify for the height bonus under GHMC 17.89.060;

8. Identification of any unique historic or cultural features of the property and surrounding neighborhood proposed for acceptance of ownership by the city for preservation and that qualify for the height bonus; and

9. Identification of any proposed recreational opportunities in excess of those normally required of a subdivision and a description of how they qualify for the height bonus.

B. In addition to the above, the PRD may only be approved if the city finds that all of the following criteria are satisfied:

1. The director of public works and the decisionmaker finds that the site access, proposed on-site circulation and off-street parking meet all public works standards and makes adequate provision for roads, streets, alleys and other public ways. Streets and sidewalks, existing and proposed, must be suitable and adequate to carry anticipated traffic within the proposed PRD and in the vicinity of the PRD;

2. The director of public works and the decisionmaker finds that the PRD makes adequate provision for all public utilities, including, but not limited to, water, sewer and stormwater drainage. Water, sewer and stormwater facilities, existing and proposed, must be suitable and adequate to provide service within the proposed PRD and in the vicinity of the PRD;

3. The PRD is consistent with the comprehensive plan;

4. The PRD accomplishes, by the use of permitted flexibility and variation in design, a development that is better than that resulting from traditional development, and benefiting the general public as well as the residents of the PRD. Net benefit to the city may be demonstrated by one or more of the following:

a. Placement, type or reduced bulk of structures, or

b. Interconnected usable open space, or

c. Recreational facilities, or

d. Other public facilities, or

e. Conservation of natural features, or

f. Aesthetic features and harmonious design, or

g. Energy efficient site design or building features;

5. The PRD results in no greater burden on present and projected public utilities and services than would result from traditional development;

6. The fire marshal and the decisionmaker find that adequate provision has been made for fire protection;

7. The perimeter of the PRD is compatible with the existing land use or property that abuts or is directly across the street from the subject property. Compatibility includes but is not limited to size, scale, mass and architectural design;

8. One or more major circulation point(s) functionally connected to a public right-of-way as required by the director of public works, or the fire marshal, or any other appropriate decisionmaker;

9. Open space within the PRD is an integrated part of the project rather than an isolated element of the PRD and is accessible to the general public;

10. The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity;

11. Each phase of the proposed PRD, as it is planned to be completed, contains the required parking spaces, open space, roads, recreation space, utilities and utility area and landscaping necessary for creating and sustaining a desirable and stable environment.

C. If the PRD applicant seeks to change the use from that allowed in the underlying zone, a separate application for a rezone shall be submitted to be processed concurrent with the PRD application, but the rezone must be approved in order for the PRD to be approved. (Ord. 1389 § 12, 2018; Ord. 1131 § 2, 2008; Ord. 867 § 7, 2001; Ord. 710 § 84, 1996; Ord. 573 § 2, 1990).

17.89.080 Criteria for approval of final PRD application.

A. Applicants for a final PRD application shall demonstrate that all of the following criteria have been satisfied:

1. All features and amenities identified in the preliminary PRD have been constructed and/or are retained or improved;

2. The city public works director has documented that all conditions imposed on the preliminary PRD requiring public works department approval have been constructed or improved to the satisfaction of the director;

3. The city fire marshal has documented that all conditions imposed on the preliminary PRD requiring fire code approval have been constructed (or per the fire marshal’s discretion will be constructed pursuant to a subsequent permit) to the satisfaction of the fire marshal;

4. The city planning director has documented that all conditions imposed on the preliminary PRD requiring planning department approval have been constructed to the satisfaction of the director;

5. Findings must be made that the preliminary PRD (and/or preliminary plat) conforms to all terms of preliminary PRD approval, and that the PRD meets the requirements of this chapter and all other applicable codes and state laws.

B. The applicant shall provide a bond or other financial assurance acceptable to the planning director to ensure that any improvements made in the common open space will be completed. The city shall release the bond or financial assurance when the improvements have been completed in accordance with the preliminary PRD.

C. As a condition of approval of the final PRD, and before any permits are issued for the property, the applicant shall submit to the city any covenants, deeds and/or homeowners’ association bylaws, or other documents guaranteeing maintenance, construction and common fee ownership, if applicable, of open space, community facilities, and all other commonly owned and operated property. These documents shall be reviewed and approved as to form by the city attorney to ensure that they comply with the requirements of this chapter prior to final PRD approval. Such documents and conveyances shall be recorded with the county auditor as a condition of any final PRD approval. (Ord. 1307 § 57, 2014; Ord. 867 § 8, 2001; Ord. 573 § 2, 1990).

17.89.090 Roads.

All roads shall be consistent with the adopted policies and standards of the city of Gig Harbor public works construction standards for public roads. (Ord. 867 § 9, 2001; Ord. 573 § 2, 1990).

17.89.100 Density bonus.

Repealed by Ord. 1389. (Ord. 1131 § 3, 2008; Ord. 951 § 5, 2004; Ord. 867 § 10, 2001; Ord. 573 § 2, 1990).

17.89.110 Open space.

In order to be approved, a preliminary PRD application must demonstrate that all of the following performance standards are met:

A. Common open space shall comprise at least 30 percent of the gross area of the PRD, and shall be used as a recreational, park or environmental amenity for collective enjoyment by the property owners within the PRD. Common open space shall not include public or private streets, driveways, parking areas or the required setbacks, required perimeter setbacks, or required yards for buildings or structures. A minimum of 70 percent of the required common open space shall be located on separate open space tracts shown on the face of the plat. A maximum of 30 percent of the required common open space may be comprised of open space on contiguous residential lots within the PRD. The face of the PRD and the covenants, conditions and restrictions shall include designation of these required common open space areas as open space, as well as the requirements for the property owners within the PRD to maintain such open space, unless arrangements are made pursuant to subsection (F)(2) of this section.

B. No naturally submerged lands on site will be counted as open space.

C. At least 50 percent of the common open space area must be usable for active or passive recreation, and which is also not utilized as a utility improvement or structure.

D. Common open space may contain such structures and improvements as are necessary and appropriate for the out-of-doors enjoyment of the residents of the PRD.

E. All common open space must be unique to the project, and may only be credited a single time and to a single project. Such open space may also include a proportionate contribution that is a portion of a city-approved off-site mitigation.

F. Land shown in the final development plan as common open space, and landscaping and/or planting contained therein, shall be permanently maintained by and conveyed to one of the following:

1. An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and improve a declaration of covenants and restrictions on the common open space that are acceptable to the city in providing for the continuing care of the space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. No change of use may be considered as a waiver of any of the covenants limiting the use of common open space area, and all rights to enforce these covenants against any use permitted are expressly reserved to the city as well as the owners.

2. A public agency which agrees to maintain the common open space and any buildings, structures or other improvements, which have been placed upon it.

G. Common open space shall be suitably improved for its intended use, except when it contains natural features worthy of preservation which may be left unimproved. The buildings, structures and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space. (Ord. 1389 § 14, 2018; Ord. 1131 § 4, 2008; Ord. 867 § 11, 2001; Ord. 573 § 2, 1990).

17.89.120 Minor and major amendments of the final plan.

A. Minor Amendments.

1. A minor amendment to the final PRD is a Type I permit application and shall be processed as provided in GHMC Title 19.

2. Minor amendments are those which may affect the precise dimensions or siting of building (i.e., lot coverage, height, setbacks) but which do not affect the basic character or arrangement and number of buildings approved in the final PRD, nor the density of the development or the amount and quality of open space and landscaping.

3. In addition to the permit application requirements set forth in GHMC 19.02.002, a complete application for a minor amendment shall consist of the following:

a. All plan sheets or pages, or document sheets or pages which reflect changes proposed, or that are affected by such changes; and

b. A written statement addressing consistency with subsection (A)(2) of this section; and

c. A written statement addressing consistency with the final PRD.

B. Major Amendments.

1. Major amendments are Type III-A permit applications and shall be processed in accordance with GHMC Title 19.

2. Major amendments are those which substantially change the character, basic design, density, open space or other requirements and conditions of the site plan.

3. In addition to the permit application requirements set forth in GHMC 19.02.002, a complete application for a major amendment shall consist of the following:

a. A complete application packet as required under GHMC 17.89.040; and

b. A complete application packet as required by GHMC 17.98.040 and the design manual; and

c. An amended environmental checklist, and addendums to all environmental documents affected by the proposed change including the traffic impact analysis, if applicable; and

d. A written statement addressing consistency with and/or changes to the final PRD; and

e. A written statement addressing the criteria for approval set forth in GHMC 17.89.070.

C. Concurrent Processing of Applications. A minor PRD application may be processed concurrent with a building permit application. If an application for a major amendment is submitted, no building or other permit associated with such major PRD amendment shall issue until all review proceedings required under GHMC Title 19 for a major PRD amendment are completed and all necessary approvals obtained. (Ord. 1307 § 58, 2014; Ord. 867 § 13, 2001; Ord. 710 § 86, 1996; Ord. 573 § 2, 1990. Formerly 17.89.130).

17.89.130 Recording by amendment to official zoning map.

All changes of the district boundaries (from the underlying zoning classification to PRD) shall be made concurrent with the decision approving the final PRD. An ordinance shall be prepared and submitted to the city council for approval, which will direct the planning director to make the necessary changes to the city’s official zoning map and to file the same with the city clerk. (Ord. 1131 § 5, 2008).