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Gig Harbor City Zoning Code

17.90 Planned

Unit Development

All roads in a PUD shall be consistent with the adopted policies and standards of the city of Gig Harbor public works construction standards for public roads.

17.90.010 Intent of the planned unit development zone (“PUD”).

The intent of the PUD zone is to allow opportunity for more creative and imaginative commercial and business projects than generally possible under strict application of the zoning regulations in order that such projects shall provide substantial additional benefit to the community. It is further intended to preserve unique or sensitive physical features, such as steep slopes, views, retention of natural vegetation and to provide more open space, recreational amenities, and urban design amenities 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 commercial and business development. (Ord. 866 § 1, 2001; Ord. 710 § 87, 1996; Ord. 573 § 2, 1990).

17.90.020 Where PUDs are permitted and acceptable parcel characteristics.

A. PUDs may be permitted in all districts zoned commercial and business.

B. In the Waterfront Commercial (WC), Downtown Business (DB), Residential Business I (RB- 1), and in adjacent zones, careful transition with existing development located at the perimeters of the zone must be provided.

C. PUDs 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 PUD 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 PUD; or

2. The property or its neighborhood has a historical character of importance to the community that will be protected by use of a PUD. (Ord. 866 § 2, 2001; Ord. 710 § 88, 1996; Ord. 573 § 2, 1990).

17.90.030 Preliminary PUD permit application procedures.

A. Type of Permit. A preliminary PUD 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 PUD. The duration of preliminary PUD 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 PUD is associated with a preliminary plat or binding site plan; in that case, the underlying preliminary plat or binding site plan approval and expiration shall govern the preliminary PUD.

C. Concurrent Applications. Unless an applicant requests otherwise, a preliminary plat or binding site plan shall be processed simultaneously with a PUD, to the extent that procedural requirements allow simultaneous processing. If an applicant requests that a preliminary PUD be processed prior to the time a preliminary plat application or binding site plan is submitted or without a preliminary plat or binding site plan, the preliminary PUD 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 PUD has been submitted to the city.

D. Phasing. If a proposed PUD is to be developed in phases, the entire PUD shall be portrayed in the preliminary PUD application, and each phase shall individually receive final PUD 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 PUD application. (Ord. 1245 § 24, 2012; Ord. 1197 § 52, 2010; Ord. 1131 § 6, 2008; Ord. 866 § 3, 2001; Ord. 710 § 89, 1996; Ord. 573 § 2, 1990).

17.90.035 Final PUD permit application procedures.

A. Type of Permit. A final PUD 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 PUD. An approved final PUD shall not expire. A final PUD may be amended through the process described in GHMC 17.90.120.

C. Concurrent Applications. A final PUD application shall be processed concurrently with a final plat if the preliminary PUD had an associated preliminary plat. A final PUD shall be approved prior to the approval of a binding site plan if the preliminary PUD had an associated binding site plan. (Ord. 1245 § 25, 2012).

17.90.040 Contents of complete PUD application.

A. Preliminary PUD. In addition to the applicable requirements of GHMC 19.02.002, a complete application for preliminary PUD approval 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 general 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 plan 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 proposal provides substantial additional benefit to the citizens of the city of Gig Harbor (the benefit accruing as a result of implementation of the PUD 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 or gross floor area, or additional height being requested;

12. A complete application for design review as required by GHMC 17.98.040; and

13. A map of the area, with the area proposed for any rezone outlined in red.

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

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

2. Final PUD plans drawn to a scale no smaller than one inch equals 30 feet showing the items required by GHMC 17.90.040(A)(5) through (9); and

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

4. A legal description and map of the area subject to the final PUD. (Ord. 1347 § 57, 2016; Ord. 1245 § 26, 2012; Ord. 1197 § 53, 2010; Ord. 951 § 6, 2004; Ord. 866 § 4, 2001; Ord. 710 § 90, 1996; Ord. 573 § 2, 1990).

17.90.050 Types of uses permitted.

The following uses are permitted in a PUD:

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

B. Other commercial, business and residential uses may be located within the PUD, if a rezone application is submitted concurrently with the preliminary PUD 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 unit development;

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

4. Such uses are consistent with the Gig Harbor comprehensive plan for not only the use, but also any other element covered by the comprehensive plan, such as water, sewer and transportation facilities. (Ord. 866 § 5, 2001; Ord. 573 § 2, 1990).

17.90.060 Development and design standards.

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

1. Lot Area and Lot Width. Lot area and lot width requirements may be reduced where the site plan is such that light, air and privacy are provided to the units in the PUD.

2. Setbacks. Structures located on the perimeter of the PUD shall be set back in accordance with the yard setbacks of the underlying zoning district.

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 PUD does not exceed the percentage permitted by the underlying zoning district.

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 45 feet, except that in B-2 and C-1 zones the height shall not exceed 60 feet for peaked roof buildings and 45 feet for buildings with flat roofs. Variances from 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 PUD shall not be less than the front yard setback of the underlying zone plus five feet for each foot of excess height.

5. Gross Floor Area. The gross floor area in the underlying zone may be exceeded as provided in GHMC 17.90.090, as long as all of the criteria set forth in that section are satisfied.

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

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

2. Standards pertaining to development in environmentally sensitive areas;

3. Regulations pertaining to nonconforming uses;

4. Standards pertaining to screening around outdoor storage areas;

5. Total coverage by hard and impermeable surfaces;

6. Height restrictions as identified on the adopted city of Gig Harbor height restriction area map and shoreline master program. (Ord. 1347 § 58, 2016; Ord. 866 § 6, 2001; Ord. 710 § 91, 1996; Ord. 573 § 2, 1990).

17.90.070 Criteria for approval of preliminary PUD application.

A. Applicants for a preliminary PUD application shall demonstrate that, with the exception of the sections of the code from which the applicant intends to vary (as allowed by GHMC 17.90.060(A)), the proposed PUD is able to satisfy all of the applicable code requirements, and is compatible with the 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 gross floor area and/or height bonus under GHMC 17.90.090;

3. Identification of unique characteristics of the proposed use(s) that qualify for gross floor area and/or height bonus under GHMC 17.90.090;

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

5. Measures proposed to mitigate visual impact of the PUD upon the surrounding area approved through 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 gross floor area and/or height bonus under GHMC 17.90.090;

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 gross floor area and/or height bonus under GHMC 17.90.090;

8. Identification of any proposed recreational opportunities in excess of those normally required of a subdivision and that qualify for the gross floor area and/or height bonus under GHMC 17.90.090.

B. In addition to the above, the PUD 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 meets all public works standards and makes adequate provision for roads, streets, alleys and other public ways. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the PUD;

2. The director of public works and the decisionmaker finds that the PUD 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, are suitable and adequate to provide service within the proposed PUD and in the vicinity of the PUD;

3. The PUD is consistent with the comprehensive plan;

4. The planned unit development accomplishes, by the use of permitted flexibility and variation in design, a development that is better than that resulting from traditional development. 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; and

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

6. The fire marshal provides assurance that adequate provision has been made for fire protection;

7. The perimeter of the PUD 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 PUD is an integrated part of the project rather than an isolated element of the project;

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 PUD, as it is planned to be completed, contains the required parking spaces, open space, recreation space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment.

C. If the PUD 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 PUD application, but the rezone must be approved in order for the PUD to be approved. (Ord. 1131 § 7, 2008; Ord. 866 § 7, 2001; Ord. 710 § 92, 1996; Ord. 573 § 2, 1990).

17.90.080 Criteria for approval of final PUD application.

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

1. All features and amenities approved in the preliminary PUD have been constructed, or a bond has been posted for such construction;

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

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

5. Findings must be made that the preliminary PUD (and/or preliminary plat or binding site plan) conforms to all terms of preliminary PUD approval, that the PUD 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 development plan.

C. As a condition of approval of the final PUD, 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 PUD approval. Such documents and conveyances shall be recorded with the county auditor as a condition of any final PUD approval. (Ord. 1307 § 59, 2014; Ord. 1131 § 8, 2008; Ord. 866 § 8, 2001; Ord. 710 § 93, 1996; Ord. 573 § 2, 1990).

17.90.090 Maximum gross floor area bonus.

A. The maximum gross floor area of the PUD may be increased, as set forth in subsection C of this section, only under the following circumstances: (1) the increase must be consistent with the underlying comprehensive plan designation for the property; and (2) the increase must not exceed 25 percent additional gross floor area over the smallest gross floor area allowed outright in the underlying zone. If, in any underlying zoning classification, a larger gross floor area is allowed or there is a procedure allowing the gross floor area to be increased, none shall apply in a PUD. The procedure in this section constitutes the exclusive method to increase the gross floor area in a PUD. No variances from the gross floor area (whether such variance would constitute an increase or decrease in gross floor area) shall be allowed in a PUD. All gross floor area calculations shall be based on net buildable land.

B. Exceptions to subsection A of this section are:

1. In the general business district (B-2) the increase may be up to 50 percent, except that in the Olympic Village Activity Center and the Westside general business district (B-2) no increase in gross floor area shall be allowed; and

2. In the commercial district (C-1) the increase may be 30 percent.

C. In addition to the above, the maximum gross floor area bonus may only be allowed if the applicant demonstrates the following:

1. A 10 percent increase in gross floor area towards the maximum percent increase for the following additional open space. Open space must satisfy the standards in GHMC 17.90.100 for open space in order to be eligible for a density bonus. Such open space must be open to the general public. In addition, the provision of open space must exceed by at least 30 percent the minimum required under the design manual and be proportional to the size of the development.

2. A 10 percent increase in gross floor area towards the maximum percent increase for the preservation of natural features. The natural feature shall be a desirable feature that would not otherwise be preserved such as, but not limited to, an unregulated wetland, stream corridor, unique geological feature, and substantial overstory vegetation which would not otherwise be preserved.

3. A 10 percent increase in gross floor area towards the maximum percent increase for the preservation of scenic vista corridor(s) on site and off site and accessible to the general public.

4. A 10 percent increase in gross floor area towards the maximum percent increase for the provision of a desirable urban amenity. The urban amenity shall complement the proposed development and exceed the requirements of the design manual for common space or plazas. Such amenity may include such things as a play area, public transit amenities, public restrooms, fountains or other comparable amenities identified by the applicant or city staff.

5. A 10 percent increase in gross floor area towards the maximum percent increase for the design of a stormwater treatment system as an amenity. A stormwater treatment (retention/detention) facility shall be designed as a visually aesthetic and physically accessible amenity for the enjoyment of the public. (Ord. 1131 § 9, 2008; Ord. 959 § 2, 2004; Ord. 951 § 7, 2004; Ord. 866 § 9, 2001).

17.90.100 Open space.

In order to qualify for a height or gross floor area bonus/increase, the applicant must demonstrate that all of the following open space performance standards are satisfied:

A. Common open space shall not include public streets, private streets, driveways, parking areas, required setbacks, required perimeter setbacks, or the 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 lots within the PUD. The face of the PUD 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 PUD to maintain such open space, unless arrangements are made pursuant to subsection (G)(2) of this section.

B. Common open space areas may not be computed to include any submerged lands unless explicitly allowed in GHMC 17.90.090(A)(5).

C. At least 50 percent of the common open space 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 PUD and residents of the city.

E. Common open space associated with density or gross floor area bonus must be accessible to the general public.

F. 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.

G. 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.

H. 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. 1131 § 10, 2008; Ord. 866 § 10, 2001).

17.90.110 Roads.

All roads in a PUD shall be consistent with the adopted policies and standards of the city of Gig Harbor public works construction standards for public roads. (Ord. 866 § 11, 2001).

17.90.120 Minor and major amendments of the final PUD.

A. Minor Amendments.

1. A minor amendment to the final PUD 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 buildings (i.e., lot coverage, height, setbacks) but which do not affect the basic character or arrangement and number of buildings approved in the final PUD, 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;

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

B. Major Amendments.

1. A major amendment to the final PUD is a Type III permit application, and shall be processed as provided in 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 final PUD and 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 17.90.040; 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 PUD; and

e. A written statement addressing the criteria for approval set forth in GHMC 17.90.070.

C. Concurrent Processing of Applications. A minor PUD amendment 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 PUD amendment shall issue until all review proceedings required under GHMC Title 19 for the major PUD amendment are completed and all necessary approvals obtained. (Ord. 1307 § 60, 2014; Ord. 866 § 12, 2001).

17.90.130 Recording by amendment to official zoning map.

All changes of the district boundaries (from the underlying zoning classification to PUD) shall be made concurrent with the decision approving the final PUD. 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 § 11, 2008).