This overlay zone provides alternative zoning regulations that permit and encourage design flexibility. It is intended that a planned low impact development (PLID) will result in a high quality residential development by use of a design process that includes site design components of a residential neighborhood consonant with the public health, safety and welfare, and results in a binding approved site design.

A PLID is intended to manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions. It is intended that techniques used will include minimizing impervious surfaces and effective impervious surfaces and encouraging the creation or preservation of permanent forested open space.

It is also intended that a PLID may combine a number of land use decisions such as critical areas protection, conditional use permits, rezones, and subdivisions into a single project review process to encourage timely public hearings and decisions. The consolidation of permit reviews does not exempt the applicant(s) from meeting the regulations and submitting the fees and applications normally required for the underlying permit processes. This overlay zone provides an opportunity to create residential neighborhoods with a variety of housing choices without following a standard system of public streets and lot design, and to develop residential neighborhoods that are harmonious with on-site and off-site natural and built environments while conserving natural conditions and features, and the use of appropriate new technologies and techniques. A PLID is intended to further the goals of the comprehensive land use plan by the use of accepted new technologies and techniques, the conservation of natural conditions and features, and the efficient layout of streets, utility networks and other public improvements.

(Ord. 3293, 8/31/2007)

A.

Floor area ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area.

B.

Neighborhood density: The number of dwelling units per acre allowed by a zone or zones.

C.

Planned low impact development (PLID): A site-specific development that has been approved by the City Council under the provisions of Chapter 17.44 of the Port Angeles Municipal Code.

D.

Townsite block: A block of 500-foot by 300-foot dimension or 3.44 acres as created by the original platting of the townsite of Port Angeles.

E.

Critical root zone (CRZ): Minimum area of protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or 4.5 feet above the ground, 1.5 feet outwards from the trunk for every inch of trunk diameter.

(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)

PLIDs may be established subject to final approval of a proposal for a specific parcel or parcels of land in all residential zones. A PLID shall contain a minimum of 21,000 square feet with densities permitted per the underlying zone and be within the guidelines of Table 17.44.025-2.

(Ord. 3293, 8/31/2007)

A.

Conformance to the following criteria is required for all developments reviewed under the provisions of this chapter:

Table 17.44 025 Notes.

¹

Vegetated open space includes native, undisturbed areas, or rehabilitation of previously disturbed areas. Vegetated open space may integrate passive recreation facilities. Active recreation areas shall not count towards vegetated open space total.

²

Impervious areas as defined in section 17.08.

³

Multi-family projects are those projects containing more than two dwelling units attached in a single structure, regardless of ownership mechanism.

⁴

Multi-family and commercial projects must use permeable pavement for at least 20 percent of all paved surfaces, where feasible.

* Does not include density bonus per section 17.44.100

B.

Additional requirements:

1.

All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff.

2.

All PLID projects shall provide a maintenance plan/program for the low impact development stormwater facilities and techniques that have been approved by the City and meets the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

Residential building types in a PLID include those permitted in the underlying zone or zones.

(Ord. 3293, 8/31/2007)

Conditional uses may be allowed similarly to those conditionally permitted in the underlying zone(s).

(Ord. 3293, 8/31/2007)

The approval of a PLID may include modifications in the requirements and standards of the underlying land use regulations of the zone in which the project is located subject to the limitations of this chapter. No approval shall include a modification, variance or waiver of the exterior setback areas required by the underlying zones along the exterior property lines of the PLID, or of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC.

(Ord. 3293, 8/31/2007)

The following design objectives are included in the PLID standards:

A.

Lot size. Minimize area of site disturbance. The minimum lot size of the underlying zone may be modified to achieve the goals in section 17.44.010 PAMC.

B.

Lot width. Minimize street length. The minimum lot width of the underlying zone district may be modified to achieve the goals in section 17.44.010 PAMC.

C.

Building height. Minimize building footprint. Building height may exceed the standard in the underlying zone to a maximum of 20 percent; provided that the project design protects adjacent uses both inside and outside of the PLID from adverse impacts on privacy, light, air and significant public views.

D.

Building setbacks. Minimize impervious surfaces. The zoning setbacks may be modified to achieve the goals in section 17.44.010 PAMC.

E.

Site coverage. Minimize impervious surfaces. The total impervious area (TIA) of the site shall be limited to those allowed in Table 17.44.025-2. Additional coverage of the site shall be with pervious materials only. Any impervious area that is isolated by a minimum of 100 feet of native vegetation and is drained using approved dispersion techniques through the native vegetation area shall not be considered in the limit.

F.

The following standards shall apply to all PLIDs:

1.

All street and utility improvements shall be constructed to standards specified by the City of Port Angeles. Private street widths may vary from widths required in the subdivision regulations, and interior streets may be either public or private. Streets intended to be dedicated to the City must meet minimum standards set forth in the City of Port Angeles Urban Standards and Guidelines Manual.

2.

All PLIDs shall provide for continuous and perpetual maintenance of stormwater management facilities, common open space, common recreation facilities, private roads, utilities, parking areas and other similar development within the boundaries of the PLID in a form and manner acceptable to the City.

3.

PLIDs that are not accompanied by a concurrent subdivision or short subdivision approval, shall record an easement or covenant against the land title to ensure that the low impact development features are protected.

4.

Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted PLID may be sold to separate owners. No further subdivision of land within the PLID will be permitted unless a formal amendment to the PLID is approved.

5.

Conditional use permits shall be required for all projects that involve or contemplate conditional uses that may be allowed in the underlying zone(s). In addition to the conditional uses allowed in the underlying zone(s), small scale commercial uses allowed in the Commercial Neighborhood (CN) Zone and serving nearby residences may be considered for conditional use permit(s) during the PLID approval process. No further conditional use permits except home occupations, will be permitted within the PLID unless a formal amendment to the PLID is approved.

6.

For any underlying land use regulatory process that is consolidated through the PLID overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require a formal amendment to the PLID.

7.

To encourage design flexibility, conservation of natural amenities and innovations that result in a higher quality residential environment than traditional subdivisions, comprehensive site planning is required of all development in the PLID. Where applicable, the design of PLIDs shall accomplish the following to the greatest extent possible:

a.

Preserve unique physical features of the site including, but not limited to, creeks, wetlands, ravines, bluffs, lakes or ponds, shorelines, and forest areas consistent with Chapters 15.20 and 15.24 PAMC;

b.

Preserve scenic view corridors, both internal and external to the site to the greatest extent possible;

c.

The design of all open space areas and structures shall be compatible with and complementary to the environment in which they are placed.

8.

All PLIDs shall comply with the goals and policies of the Port Angeles Comprehensive Plan.

9.

The location of all streets, buildings, parking areas, pedestrian, bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize effective impervious surface, preserve forested open space, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.

10.

All PLIDs shall comply with the stormwater requirements for new development and redevelopment projects in Chapters 5 and 6 of the City of Port Angeles Urban Services Standards and Guidelines Manual.

(Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)

Low impact development site design is intended to mimic the predevelopment hydrologic conditions on the site. Site assessment and feasibility of LID BMPs shall be determined per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.

Sites located in close proximity to the marine bluff, steep slopes, or landslide hazard areas may be considered inappropriate for PLID due to conditions whereby the use of infiltration of stormwater may result in unstable soil conditions.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

A.

For the purposes of calculating required area, inundated lands shall not be included; however, other sensitive areas and their buffers may be included within the protected native growth area boundaries.

B.

Protected native growth areas shall be forested or reforested. Portions of a designated protected native growth area without existing tree canopy shall be planted at a density of 60 trees per acre. This requirement does not apply to wetlands or water bodies. The administrator may modify this requirement subject to site conditions. A tree planting plan shall be submitted for review and approval.

C.

Development within protected native growth areas shall be limited to stormwater dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects. Activities within the protected native growth areas shall be limited to passive recreation, removal of invasive species, amendment of disturbed soils consistent with all applicable regulations, and planting of native vegetation. Development shall be consistent with critical areas requirements and restrictions in Chapter 15.20 PAMC and Chapter 15.24. PAMC.

D.

A permanent protective mechanism shall be legally established to ensure that the required protected native growth area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with Clallam County Auditor's Office. A permanent protected native growth area shall be established using one of the following mechanisms:

1.

Placement in a separate non-building tract owned in common by all lots within the subdivision;

2.

Covered by a protective easement or public or private land trust dedication;

3.

Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection 17.44.070.D.1. of this section as determined by the approval authority;

E.

Restrictions on the future use of the protective native growth area shall be recorded on the face of the final plat or short plat.

(Ord. 3293, 8/31/2007)

A.

The duff layer and native topsoils shall be retained in an undisturbed state to the maximum extent practicable.

B.

Except as otherwise provided in subsection C below, areas that have been cleared and graded or subject to prior disturbance shall meet the post-construction soil quality and depth requirements in the Department of Ecology's SWMMWW (2014), or most recent update.

C.

This section does not apply to areas within the critical root zone (CRZ) of trees proposed for retention, or that, at project completion, are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. Mulch shall be applied to any area within the CRZ or dripline of trees where the duff layer and organic matter are removed.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

A.

To achieve the goals of low impact development, residential lots shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers, as defined in Chapters 15.20 PAMC and 15.24 PAMC. Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater.

B.

The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns.

(Ord. 3293, 8/31/2007)

Every PLID shall be allowed the density of the underlying zone or zones in which the site is located and a bonus of two additional units per acre on the portions of the site exclusive of environmentally sensitive areas. The density bonus may only be allowed if maximum percentage of total impervious surface listed in Table 17.44.025-2 are met. Density credits for environmentally sensitive areas protected by Title 15 PAMC shall be allowed in addition to the base density calculated for the buildable area of the site per subsection 15.20.070.F and subsection 15.24.070.F. Residential density shall meet or exceed the maximum allowed density of the next lowest density zone.

(Ord. 3293, 8/31/2007)

A.

Circulation and access provisions shall be appropriate to the scale of the project and to anticipated traffic characteristics, and consistent with the requirements of City of Port Angeles road standards. Deviations from the City of Port Angeles Public Works standards may be granted subject to the following criteria:

1.

Approval by the City of Port Angeles Public Works and Utilities and Fire Departments;

2.

A bioretention facility shall be provided within the right-of-way or in islands created by loop roadways. If a bioretention facility is not feasible, other LID facilities may be considered.

B.

Loop roadways are encouraged to minimize impervious surfaces, facilitate emergency vehicle access, and provide vegetated areas to help manage stormwater.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

Parking space requirements shall conform to the requirements of Chapter 14.40. If parking cannot be accommodated on-site, common parking areas must be incorporated on approved privately maintained easement areas using permeable pavement where feasible.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

Alternative surfacing including, but not limited to: paving blocks, bark or wood mulch, turf block, plastic or other material grid systems, and other similar approved materials are encouraged and may be approved for appropriate applications. Alternative surfacing methods may be approved for parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads where appropriate unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the City of Port Angeles Public Works and Utilities Department and Fire Marshal for compliance with other applicable regulations and development standards.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

A.

Land alteration may commence when in compliance with City of Port Angeles site development regulations.

B.

Drainage plans and improvements shall be in compliance with City of Port Angeles drainage standards and NPDES permit requirements.

(Ord. 3293, 8/31/2007)

Editor's note— Ord. 3572 § 21, adopted Dec. 20, 2016, deleted § 17.44.160 entitled "Site assessment and concept plan," which derived from Ord. 3293, adopted Aug. 31, 2007.

All procedural processes are outlined in Chapter 18.02 PAMC.

(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3293, 8/31/2007)

Editor's note— Section 17.44.170 was amended in its entirety by Ord. 3742, and was formerly entitled "Pre-application review."

The application for a PLID shall contain the following:

A.

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

B.

A narrative explaining the proposed use or uses of the land and building, including the proposed number of dwelling units by type, such as single-family detached, row housing, or apartments and information on any special features, conditions of which cannot be adequately shown on drawings and an explanation of covenants, continuous maintenance provisions, and/or homeowners association for the project. The narrative shall include information explaining how the proposed development will, through the improved utilization of open space, natural topography, transitional housing densities, and integrated circulation systems, create a residential environment of higher quality than that normally achieved by traditional development of a subdivision and how the proposed development will be compatible with adjacent, existing, and future developments.

C.

A survey of the property containing the information required in subsections 17.44.160.A through H, plus:

1.

Existing buildings or structures;

2.

Existing streets, utility easements, rights-of-way;

3.

Existing land uses.

D.

Preliminary site plans showing the following:

1.

Location and dimensions of proposed buildings, building setbacks, open space, recreation areas, parking areas, and circulation patterns;

2.

Landscape areas and landscape areas used for stormwater management.

E.

Detailed site statistics including, but not limited to:

1.

Total site area in both acres and square feet;

2.

Site coverage expressed in square feet and percentage of:

a.

Total footprint area of buildings for:

i.

Residential structures;

ii.

Nonresidential structures.

b.

Roadway and sidewalk paved surfaces area;

c.

Parking lot and other impervious areas;

d.

Any areas paved with permeable paving systems.

3.

Total area in lots and area of individual lots;

4.

Number of residential units proposed;

5.

Total number of lots being created;

6.

Density of site expressed as residential units per acre.

F.

Landscape plan including a tree planting plan and a tree protection plan for existing vegetation.

G.

A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC.

H.

If a developer elects to obtain additional density credits for environmentally sensitive areas, the site plan application shall contain specific information relating to the additional density credit criteria of sections 15.20.070 and 15.24.070.

I.

A preliminary utilities plan, including fire hydrant locations.

J.

A small project stormwater plan or large project stormwater plan that meets Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual, site development standards and NPDES permit requirements.

K.

An off-street parking plan and circulation plan showing:

1.

All means of vehicular and pedestrian ingress and egress to and from the site;

2.

Number and location of off-street parking spaces;

3.

Size and location of driveways, streets, sidewalks, trails and parking spaces;

4.

Any new traffic control devices required for the safety of the project must be shown.

(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

A.

A complete State Environmental Policy Act (SEPA) checklist.

B.

A traffic study prepared by an engineer licensed in Washington State, if required by the Public Works and Utilities Department at the pre-application conference. The traffic study does not need to be submitted with the application if an environmental impact statement is being prepared for the project and a traffic study will be completed for the EIS. This does not preclude the possibility that a traffic study may be required at a later stage in the process.

C.

The proposed method of providing long-term maintenance of improvements or facilities, including roads and sidewalks, drainage, on-site fire protection improvements, water and sanitation systems, and community or public open space. The purpose is to identify the method of maintenance, not to require detailed agreements. Maintenance criteria for stormwater treatment and flow control facilities and LID BMPs shall be per Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines Manual.

D.

If the maintenance is to be provided privately, the developer shall indicate the organization to be established to provide the maintenance, and the method and approximate amount of funding required.

E.

Draft instruments for permanent preservation of protected native growth areas and maintenance of low impact development facilities.

(Ord. 3572 § 21, 12/20/2016; Ord. 3293, 8/31/2007)

Editor's note— Ord. 3742 § 7(Att. G), adopted Dec. 17, 2024, repealed § 17.44.200 entitled "Routing and staff recommendations," which derived from: Ord. 3548 § 21, adopted Jan. 5, 2016; and Ord. 3293, adopted Aug. 31, 2007.

Editor's note— Ord. 3742 § 7(Att. G), adopted Dec. 17, 2024, repealed § 17.44.210 entitled "Hearing Examiner public hearing—Scheduling and notice," which derived from: Ord. 3548 § 21, adopted Jan. 5, 2016; and Ord. 3293, adopted Aug. 31, 2007.

The Hearing Examiner's decision of approval, denial, or approval with modifications or conditions shall following a public hearing, be made in written form, and shall be based upon compliance with section 17.44.050 and the following criteria:

A.

The proposed development will comply with the policies of the Comprehensive Plan, zoning ordinance, and other development regulations of the PAMC.

B.

All necessary on-site and off-site municipal utilities, services, and facilities, existing and proposed, shall be adequate to serve the proposed development.

C.

Internal streets serving the proposed development shall be adequate to serve anticipated traffic levels, and the street system of the proposed development shall be functionally connected by an improved collector street to at least one improved arterial street.

D.

If the development is planned to occur in phases, each phase shall meet the requirements of a complete development.

(Ord. 3548 § 21, 1/5/2016; Ord. 3293, 8/31/2007)

Editor's note— Ord. 3548 § 21, adopted Jan. 5, 2016, deleted § 17.44.230 entitled "City Council action—Preliminary development plans," which derived from Ord. 3293, adopted Aug. 31, 2007.

Application for final approval of a PLID shall be submitted to the Community and Economic Development Department within two years of the preliminary development plan approval; provided that, for phased PLID's each phase shall have an additional one-year period for final approval; and provided further, that an applicant may apply to the Community and Economic Development Department, for one or more one-year extensions as the department may deem appropriate. The site must be under one ownership prior to final approval by the Hearing Examiner. The application for final approval must be made by the owners of the entire site and shall include the following:

A.

A title report showing record ownership of the parcel or parcels upon which the PLID is to be developed.

B.

Adequate assurance for the retention and continued maintenance of stormwater management facilities, common open space, recreation facilities, and recreation structures. If development is to be done in phases, each phase must meet this requirement.

C.

Adequate assurance for the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must meet this requirement.

D.

Final development plans that shall be in compliance with the approved preliminary development plans.

E.

Final corrected plans ("as-builts") that are stamped, signed, and dated by a licensed engineer registered in the State of Washington that accurately represent the stormwater infrastructure installed including bioretention facilities, permeable pavement, vegetated roofs, rainwater harvesting systems, and/or newly planted or retained trees for which a flow reduction credit was received.

F.

The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.08 PAMC.

G.

Development schedule.

H.

If bonding is proposed, the bond or other form of security acceptable to the City in an amount equal to 150 percent of the approved engineering estimate for the required improvements to complete the project or submitted phase, as required by the City.

I.

Covenants, conditions and restrictions and/or homeowners' association agreement.

(Ord. 3742 § 7(Att. G), 12/17/2024; Ord. 3572 § 21, 12/20/2016; Ord. 3548 § 21, 1/5/2016; Ord. 3517 § 6, 10/21/2014; Ord. 3293, 8/31/2007)

Editor's note— Ord. 3742 § 7(Att. G), adopted Dec. 17, 2024, repealed § 17.44.250 entitled "Final action," which derived from: Ord. 3548 § 21, adopted Jan. 5, 2016; and Ord. 3293, adopted Aug. 31, 2007.

Once the PLID receives final approval pursuant to 17.44.250 PAMC, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PLID, shall be bound by the conditions attending the approval of the development and the provisions of this chapter.

(Ord. 3293, 8/31/2007)

The Building Division shall issue building permits for buildings and structures that conform with the approved final development plans for the PLID and with all other applicable City and state ordinances and regulations. The Building Division shall issue a certificate of occupancy for completed nonresidential buildings or structures that conform to requirements of the approved final development plans and all other applicable City and state ordinances and regulations for such occupancies. The construction and development of all common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any certificates of occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six months of approval of final PLID.

(Ord. 3293, 8/31/2007)

Editor's note— Ord. 3742 § 7(Att. G), adopted Dec. 17, 2024, repealed § 17.44.280 entitled "Modifications after final approval," which derived from: Ord. 3548 § 21, adopted Jan. 5, 2016; and Ord. 3293, adopted Aug. 31, 2007.