Chapter 17.98
DESIGN STANDARDS AND REVIEW
Sections:
17.98.010 Intent.
17.98.020 Design manual.
17.98.030 Design manual chapter applicability.
17.98.035 Design review criteria.
17.98.037 Optional design review preapplication meeting.
17.98.040 Design review application requirements.
17.98.045 Design review process.
17.98.050 Administrative approval.
17.98.055 Design review board recommendation.
17.98.056 Minor adjustments to hearing examiner decisions.
17.98.058 Administrative review of alternative designs.
17.98.060 Exceptions.
17.98.070 Recommendations, decisions and appeals.
17.98.080 Design review process and decision chart.
17.98.090 Duration of approval.
17.98.010 Intent.
A. This chapter and Chapter 17.99 GHMC, Design Manual, are intended to implement the goals and policies established in the design element of the city’s comprehensive plan by providing design standards and procedures for the review of projects described in GHMC 17.98.030 to determine compliance with design standards contained in Chapter 17.99 GHMC.
B. Gig Harbor’s design review goals are to:
1. Encourage design and site planning that:
a. Complements the existing character of Gig Harbor.
b. Relates visually and physically to surrounding development.
c. Promotes pedestrian usage.
2. Provide options in project design.
3. Facilitate dialogue between project proponents and the city’s design review board in a public meeting setting.
4. Increase public awareness of design issues and design options.
5. Provide an objective basis for decisions which affect both individual projects and the city of Gig Harbor as a whole.
6. Ensure that the intent of goals and objectives contained within the city of Gig Harbor’s comprehensive plan are met.
C. The design review process is not intended to determine the appropriateness of any given use on a given site or to address technical requirements, which are otherwise reviewed under the site plan review process. It is intended to protect the general health, safety and welfare of the citizens by protecting property values; protecting the natural environment; promoting pedestrian activities; promoting community pride; protecting historical resources; preserving the aesthetic qualities which contribute to the city’s small town characteristics which have attracted residents, businesses and customers; and promoting the economic viability of the community by preserving and creating well-designed commercial districts which attract customers and businesses. The design review process provides an opportunity for new development to enhance Gig Harbor’s character more effectively than through application of standard zoning regulations. (Ord. 975 § 8, 2004).
17.98.020 Design manual.
The city’s design standards are contained in Chapter 17.99 GHMC, Design Manual. In those cases where provisions of this chapter or Chapter 17.99 GHMC are different than or contradict standards contained in other chapters of GHMC Title 17, the standards in this chapter and Chapter 17.99 GHMC shall prevail.
The 1996 design manual adopted by the city in Ordinance 735 is hereby repealed, with the exception of pages 31 through 34 of the 1996 design manual, which shall remain effective. A copy of pages 31 through 34 of the 1996 design manual is on file with the city clerk.* (Ord. 975 §§ 9, 10, 2004; Ord. 787 § 2, 1998; Ord. 735 § 1, 1996).
*Code reviser’s note: Pages 31 through 34 of the 1996 design manual are codified as GHMC 17.99.280.
17.98.030 Design manual chapter applicability.
A. General Applicability. Chapter 17.99 GHMC, Design Manual, applies to all proposals to subdivide land under the provisions of GHMC Title 16 and to all proposals to build, locate, construct, remodel, alter or modify any facade on any structure or building or other visible element of the facade of the structure or building or site, including, but not limited to: landscaping, parking lot layout, signs, outdoor furniture in public or commercial locations, outdoor lighting fixtures, fences, walls and roofing materials (hereafter referred to as outdoor proposals), as described in Chapter 17.99 GHMC, Design Manual. Design review approval is required for all outdoor proposals which require a building permit, clearing and grading permit, or which are part of a project or development requiring a site plan, conditional use permit or utility extension agreement.
B. Applicability and Review of Historic District Design Standards. The historic district design standards of Chapter 17.99 GHMC shall apply to all activities described in subsection A of this section in the entire historic district, except that in the R-1 district within the historic district, at the option of the property owner, development shall conform strictly to either the setback standards contained in GHMC 17.99.320 and the height standards contained in GHMC 17.99.510, or, alternatively, the setback and height standards of GHMC 17.16.090. Exercise of this option by the property owner shall not affect the city’s ability to require compliance with all other applicable codes. Exercise of this option precludes a property owner, or any subsequent property owner, from applying any of the setback and height standards contained in Chapter 17.99 GHMC on any structure or development on the site unless all existing structures or development not conforming to the setback and height standards of Chapter 17.99 GHMC are removed. (Ord. 975 § 11, 2004).
17.98.035 Design review criteria.
All sections of this chapter or Chapter 17.99 GHMC which provide criteria for DRB design review shall be considered criteria for design review approval. Design exceptions shall be processed in accordance with the criteria and procedures set forth in GHMC 17.98.060. General and administrative variances are processed as set forth in Chapter 17.66 GHMC. (Ord. 975 § 12, 2004).
17.98.037 Optional design review preapplication meeting.
A. Purpose. Applicants for projects that will require design review may request a preapplication review by the design review board (DRB) at a DRB meeting. The purpose of the preapplication review is to allow the DRB to provide early input on potential development or redevelopment of a site during the early stages of design. This will allow the design review board to identify specific areas of concern and design opportunities related to the site for the applicant. The DRB’s comments may help the applicant develop a design that conforms to design manual standards in a manner more sensitive to specific site conditions and to neighborhood concerns.
B. Optional Preapplication Meeting with Staff. It is highly recommended that the applicant request and attend a preapplication meeting with the community development department staff prior to requesting a preapplication meeting with the design review board. This will allow the staff to identify for the applicant obvious site design deficiencies that do not fall under the purview of the design review board (e.g., street access; fire fighting access; utility availability; critical area protection; noncompliant use, density, height, setbacks, etc.).
C. Benefits of Preapplication Meeting with DRB.
1. Provides opportunity to dialogue with the design review board to determine specific areas of interest and, if notice is provided to the public, an opportunity to dialogue with individuals in the surrounding neighborhood.
2. Expands the level of input prior to application submittal.
3. Provides early feedback on draft proposals.
4. May help identify noncompliant design concepts before expending money on detailed plans and drawings.
5. May help applicant determine whether to pursue the project or not.
D. DRB preapplication review is limited to one meeting. Applicants may request one preapplication meeting with the DRB, which will be at no charge. The meeting shall be held within 28 days of receipt of the request.
E. Information Needed for Preapplication Meeting with DRB. To enable the DRB to provide a meaningful response, requests for design review preapplication meetings should include the following:
1. The location of the site (a map showing the site in context with surrounding sites and development is encouraged).
2. A sketch or drawing of the site showing its approximate configuration and dimensions.
3. A sketch or drawing of the site showing natural site conditions including topographic information and existing vegetation. Photographs are encouraged.
4. Conceptual drawings or sketches of proposed development.
F. Notice. Notice of a preapplication meeting with the DRB is not required; however, at the request of the applicant, notice will be mailed to the owner of all properties within 300 feet of the subject site. The applicant shall provide preprinted labels bearing the names and addresses of the property owners of record within 300 feet of the project property.
G. Nonbinding Nature of Preapplication Meeting. Neither DRB nor staff comments at the preapplication meeting with the DRB are binding on the applicant. Nor will they bind the city in any manner or prevent the city from fully applying or enforcing all applicable codes, ordinances and regulations. (Ord. 1093 § 11, 2007; Ord. 1006 § 1, 2005).
17.98.040 Design review application requirements.
A complete design review application shall contain the following information:
A. Site Layout. A plan, drawn to scale no smaller than one inch equals 30 feet showing location and size of all structures, critical areas, required buffer areas, required yards, landscape areas, open spaces, common areas or plazas, walkways, retaining wall locations, storm water retention facilities, and parking and vehicle maneuvering areas.
B. Significant Vegetation Plan. A significant vegetation plan which accurately identifies the species, size and location of all significant vegetation within the property subject to the application.
C. Tree Retention Plan. A landscape plan showing the species, size and location of all significant natural vegetation to be retained on the property.
D. Preliminary Site Section Drawings. Section drawings which illustrate existing and proposed grades.
E. Preliminary Grading Plan. A topographic map of the property, delineating contours, existing and proposed, at no greater than five-foot intervals. The plan shall indicate all proposed cuts, fills and retaining wall heights and include areas of disturbance necessary to construct all retaining walls, structures and impervious surfaces.
F. Preliminary Utilities Plan. A utilities plan showing the location and type of any utilities proposed in critical areas, critical area buffers and natural vegetation retention areas.
G. Paving Materials. A description of proposed pedestrian and vehicular paving materials; include proposed type (asphalt, concrete, pavers, etc.), color, scoring and texture.
H. Elevation Drawings. Complete elevation drawings of all buildings showing dimensions and proposed materials including roofing, siding, windows and trim. Drawings shall include conceptual trim and cornice design, and roof pitch. If landscaping is proposed to soften or mitigate architectural modulation or details, additional elevation drawings showing proposed landscaping shall be provided.
I. Sign Plan. A sign plan showing the general location, type and size of signage on buildings.
J. Equipment Screening. A description of how all mechanical and utility equipment will be screened.
K. Color and Material Palette. A schematic color and material palette of the building’s exterior siding, trim, cornice, windows and roofing. If design review board review is requested, material and color samples shall be provided.
L. Fencing. The location and description of any proposed fencing.
M. Light Fixtures. A cutsheet showing typical parking and building lighting which includes pole height and mounting height. If proposed fixtures are near critical areas or natural vegetation retention areas, shielding shall be shown.
N. Accessories. The location of all outdoor furniture, trash receptacles and accessories.
O. Design Review Board Review. A request for review by the design review board shall include a written statement addressing the criteria for approval as set forth in GHMC 17.98.055 or 17.98.060, as applicable. (Ord. 1093 § 2, 2007; Ord. 975 § 13, 2004).
17.98.045 Design review process.
A. The applicant shall follow the appropriate review process contained within this chapter based upon the project and whether or not the application or portions thereof strictly conform to the specific requirements of Chapter 17.99 GHMC.
B. An application for design review may be submitted prior to the submission of an underlying project permit application for a development on the same property; however, a complete underlying project permit application shall not be processed without a complete design review application.
C. Design review is a Type II application and shall be processed as set forth in GHMC Title 19 as supplemented by the procedures set forth in this chapter.
D. A notice of application shall be issued for a complete design review application, as set forth in GHMC Title 19 for a Type III project permit application.
E. The notice of application for the following types of development shall be forwarded to all members of the design review board (DRB) pursuant to GHMC 19.02.004:
1. Nonresidential development;
2. Multifamily residential development as defined in GHMC 17.04.290;
3. Subdivisions;
4. Public projects, except for normal maintenance and repair. (Ord. 1093 § 3, 2007).
17.98.050 Administrative approval.
An applicant may request administrative processing of a design review application or portions thereof if it conforms to the specific requirements of Chapter 17.99 GHMC. The director shall process a request for administrative review as follows:
A. Applications for all projects will be available at the community development department and the DRB members may independently review any application outside of their public meeting. Within two weeks after the date of the notice of application, individual DRB members may submit written comments to the director, identifying design elements that they believe do not comply with the specific requirements of the design manual.
B. If the director receives comments from DRB members that certain design elements of an application do not comply with the specific requirements of the design manual, the director shall re-evaluate whether the application should be processed administratively or through the design review board process. If the director finds that the application or portion of application should follow the design review board recommendation process because it does not conform to the specific requirements of design manual, the director shall notify the applicant. The applicant may then choose to amend the application or request review by the design review board.
C. The application shall be reviewed by the director for compliance with the specific requirements of Chapter 17.99 GHMC. The director shall issue a decision approving the application or portions thereof if he/she finds that the application or portions of the application satisfy the specific requirements of Chapter 17.99 GHMC, Design Standards, or deny the application if such codes and standards are not satisfied. The director shall render the decision as set forth in GHMC 17.98.070 and 19.05.009. (Ord. 1093 § 5, 2007).
17.98.055 Design review board recommendation.
An applicant may request review by the design review board (DRB) of an application or portions thereof which do not strictly conform to the specific requirements of Chapter 17.99 GHMC, Design Manual. A request for review by the DRB for an alternative design shall be processed as follows:
A. The board may recommend approval of alternative design solutions to specific requirements only if all of the following criteria are met:
1. The alternative design represents an equivalent or superior design solution to what would otherwise be achieved by rigidly applying specific requirements; and
2. The alternative design meets the intent of the general requirements of Chapter 17.99 GHMC, Design Manual.
B. The DRB shall not consider or recommend approval of any deviation from dimensional or numeric standards stated within the text of any general requirements, or from minimum setback standards, maximum height standards or zone transition building size standards stated in specific requirements of Chapter 17.99 GHMC. Approval to deviate from these standards must be obtained through the variance process defined in Chapter 17.66 GHMC and not through the design review board recommendation process.
C. Design Review Board Meeting. The board shall hold a public meeting on the application or portions thereof at the earliest available DRB meeting after the notice of application and public meeting has been published.
1. The public meeting shall be noticed as follows:
a. Not less than 14 days prior to the meeting date, the planning staff shall send notice of a public meeting to property owners within 300 feet of the subject property and to others who have submitted comments and/or requested notice.
b. Notice of the public meeting shall be posted on the subject property not less than seven days prior to the meeting date. Notice shall be posted in the manner required by GHMC 19.03.001(A)(1).
c. Notice of the public meeting shall be published in the city’s official newspaper not less than seven days prior to the meeting date.
d. The notice of the public meeting shall contain all items listed in GHMC 19.03.003(A).
2. The applicant shall have an opportunity to make a presentation on the proposed alternative designs at the public meeting.
3. The public shall be allowed to comment on the application.
4. The DRB shall deliberate on the application and presentation and shall make findings and a recommendation on the application or portions thereof as per GHMC 17.98.070.
5. After the public meeting, the city staff shall draft the board’s findings and recommendation on the application or portions thereof.
D. Public Hearing. Once the board makes a recommendation on a complete application, an open public hearing before the hearing examiner shall be scheduled for the application, which shall include the board’s recommendation, or both the application and the underlying permit application. Notice of the public hearing before the hearing examiner shall be sent as provided in GHMC 19.03.003. (Ord. 1093 § 6, 2007).
17.98.056 Minor adjustments to hearing examiner decisions.
Minor adjustments to a final, approved hearing examiner decision may be considered by the director prior to building permit issuance.
A. The director may not consider changes to the hearing examiner’s decision involving any deviation from dimensional or numeric standards stated within the text of any general requirements, or from minimum setback standards, maximum height standards or zone transition building size standards stated in specific requirements of Chapter 17.99 GHMC. Approval to deviate from these standards must be obtained through the variance process defined in Chapter 17.66 GHMC.
B. The director shall have the authority to approve a minor adjustment if all of the following criteria are met:
1. The minor adjustment does not substantially modify the final hearing examiner decision; and
2. The minor adjustment does not substantially modify the approved architecture, site layout, natural vegetation retention areas and grading; and
3. The minor adjustment represents an equivalent or superior design solution to what would otherwise be achieved by rigidly applying specific requirements; and
4. The minor adjustment meets the intent of the general requirements of Chapter 17.99 GHMC, Design Manual.
C. The director shall render a decision on a minor adjustment as set forth in GHMC 17.98.070 and 19.05.009.
D. Notice of the director’s decision on the minor adjustment shall be sent to all parties of record for the final hearing examiner decision and to the design review board members, in addition to those parties required to be noticed by GHMC 19.05.008. (Ord. 1093 § 7, 2007).
17.98.058 Administrative review of alternative designs.
An applicant may request review by the director of an application or portions thereof which do not strictly conform to the specific requirements of Chapter 17.99 GHMC, Design Manual, for certain underlying project permit applications.
A. Only the following underlying project permit applications are eligible for administrative review of an alternative design:
1. Single-family (detached only) and duplex dwelling building permit applications for remodel or new construction on lots of record, and their accessory structures;
2. Tenant improvement applications.
B. The director shall have the authority to approve, or approve with conditions, alternative design solutions to specific requirements only if all of the following criteria are met:
1. The alternative design represents an equivalent or superior design solution to what would otherwise be achieved by rigidly applying specific requirements; and
2. The alternative design meets the intent of the general requirements of Chapter 17.99 GHMC, Design Manual.
C. The director shall not approve any deviation from dimensional or numeric standards stated within the text of any general requirements, or from minimum setback standards, maximum height standards or zone transition building size standards stated in specific requirements of Chapter 17.99 GHMC. Approval to deviate from these standards must be obtained through the variance process defined in Chapter 17.66 GHMC.
D. The director shall render a decision on an alternative design as set forth in GHMC 17.98.070 and 19.05.009.
E. Notice of the director’s decision shall be sent to property owners within 300 feet of the subject property in addition to those parties required to be noticed by GHMC 19.05.008. (Ord. 1093 § 8, 2007).
17.98.060 Exceptions.
A. Processing. An exception requested under this section shall be processed in conjunction with a design review application, and shall follow the procedures for permit processing by the board as set forth in GHMC 17.98.055. An exception is used in those situations in which an applicant does not provide an alternative design to the requirements of Chapter 17.99 GHMC, Design Manual.
B. The requirements for a complete design exception application are:
1. Submittal of a complete design review application as set forth in GHMC 17.98.040.
2. A written statement describing the requested exception.
3. A written statement justifying the granting of the requested exception pursuant to the criteria of subsection D of this section.
C. Board Action. The board shall issue a recommendation to the hearing examiner on an exception application.
D. Criteria for Approval. All of the following circumstances must be shown to exist for approval of a design exception:
1. Special conditions and circumstances exist which render a specific requirement of Chapter 17.99 GHMC, Design Manual, unnecessary, given the location and intended use of the proposed development;
2. The special conditions and circumstances are characteristic of the proposed general use of a site and not of a specific tenant;
3. The special conditions and circumstances are not representative of typical retail, professional office or residential type development which may be allowed within the zoning district;
4. The requested exception is based upon functional consideration rather than economic hardship, personal convenience or personal design preferences;
5. Architectural changes in the project design as a result of the exception have been sufficiently compensated by other architectural embellishments, and site plan changes as a result of the exception have been sufficiently compensated by other site amenities; and
6. The requested exception will not result in a project which is inconsistent with the intent and general scope of the standards of Chapter 17.99 GHMC, Design Manual. (Ord. 1093 § 12, 2007; Ord. 975 § 15, 2004).
17.98.070 Recommendations, decisions and appeals.
A. The decision rendered by the director or the recommendation by the design review board shall be in writing. The design review board chair shall sign the recommendation to be forwarded to the hearing examiner.
B. The decision/recommendation shall describe the facts surrounding the application; the applicable provisions of Chapter 17.99 GHMC, Design Manual, triggered by the application; include an analysis of the facts and applicable design manual provisions to the facts; and shall include conclusions supporting the approval, denial or recommendation for approval or denial under Chapter 17.99 GHMC, Design Manual.
C. A decision of the director may be appealed as set forth in GHMC Title 19 for a Type II project permit application. A recommendation of the design review board on an application or exception will be acted upon by the hearing examiner in an open record hearing either on the design review application or the underlying project permit application. (Ord. 975 § 16, 2004).
17.98.080 Design review process and decision chart.
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Design Review Process and Decision Chart |
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Administrative2 |
DRB1 |
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Notice of Complete Application |
Yes |
Yes |
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Notice of Application |
Yes |
Yes |
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Public Meeting |
No |
Yes |
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Recommendation |
No |
Yes (To HE3) |
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Final Decision |
Yes |
Yes (By HE) |
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Appealable Decision |
Yes (To HE) |
Yes (To Superior Court or SHB) |
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1 DRB = Design review board recommendation (GHMC 17.98.055) and exceptions (GHMC 17.98.060) 2 Administrative = Administrative approval (GHMC 17.98.050); administrative review of alternative designs (GHMC 17.98.058); and minor adjustments (GHMC 17.98.056) 3 HE = Hearing examiner |
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(Ord. 1093 § 9, 2007; Ord. 975 § 17, 2004).
17.98.090 Duration of approval.
Construction on projects that receive design approval must commence within 24 months from the date of final design approval; otherwise, the approval of the project becomes null and void. (Ord. 975 § 18, 2004).