Chapter 19.45
MASTER PLANNED DEVELOPMENTS/PLANNED UNIT DEVELOPMENT
Sections:
19.45.030 Review and approvals process.
19.45.040 Modifications to development standards.
19.45.050 Concept plan submission.
19.45.060 Concept plan approval criteria.
19.45.070 Concept plan and expiration.
19.45.080 Detailed development plan submission.
19.45.090 Detailed development plan criteria.
19.45.100 Subsequent development reviews.
19.45.010 Purpose.
The purposes of this chapter are to:
1. Implement the comprehensive plan by providing a means for master planning large development sites as an alternative to piecemeal subdivision development;
2. Encourage innovative planning that results in projects that benefit the community; for example, through greater efficiency in land use, improved protection of open spaces, transportation efficiency, and housing choices; or bring greater variety and opportunity for housing, commercial, and industrial development;
3. Encourage housing options for a range of household sizes, incomes, and lifestyles;
4. Encourage mixed-use development and diversified employment opportunities;
5. Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
6. Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;
7. Encourage energy efficiency and improved air and water quality;
8. Implement public facility master plans; and
9. Provide flexibility in development standards, consistent with the above purposes. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.020 Applicability.
The master planned development designation may be applied and used on any of the City’s zoning districts. It is an option available to developers of land. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.030 Review and approvals process.
1. Review Steps. There are three required steps to master planned development approval, which may be completed individually or combined for concurrent review:
a. Application for master planned development concept plan approval;
b. Application for detailed development plan approval, which may include a preliminary subdivision plan or site plan review; and
c. Application(s) for final development plan (e.g., final plat and/or site design review) approval.
2. Approval Process.
a. The master planned development concept plan shall be reviewed pursuant to the Type III procedure in Chapter 19.15 HMC or HMC 19.10.040, the submission requirements in HMC 19.45.050, and the approval criteria in HMC 19.45.060.
b. The detailed development plan and preliminary subdivision plan shall be reviewed using the Type II procedure in HMC 19.10.030 to ensure substantial compliance with the approved concept plan.
c. Subsections (2)(a) and (b) of this section may be combined in any manner, so long as the decision-making sequence follows the above order. Notification and hearings may be combined. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.040 Modifications to development standards.
The standards of HMC Titles 12 and 18 and this title may be modified through the master planned development process without the need for a variance under Chapter 19.40 HMC. In evaluating this criteria the City Planning Commission shall consider whether the proposal, on overall balance, exceeds the City’s minimum or maximum requirements and provides greater community benefits than would otherwise occur under the base development code requirements. In evaluating community benefits, the City Planning Commission shall apply the following criteria; the City may deny an application for master planned development concept plan approval that does not meet all of the following criteria:
1. Comprehensive Plan. The modification does not conflict with the comprehensive plan. A master planned development may exceed the maximum density, commercial (minimum lot size), permitted by the underlying zone; provided, that the overall density of the project is not greater than 125 percent of the density permitted by the underlying zone.
2. HMC Title 18. Standards regarding density, development standard setbacks, building height, lot size and frontage in Chapters 18.40, 18.45, 18.50, 18.65 and 18.85 HMC may be modified through an approved planned unit development process.
3. Chapters 19.20 through 19.40 HMC. Partition, subdivision, design standards, improvements, exceptions and variances may be modified through an approved planned unit development process without separate applications.
4. Chapters 12.10 through 12.20 HMC. Streets, curbs, gutters, landscaping and street tree requirements may be modified through an approved planned unit development process.
5. Purpose and Intent of Development Code. The modifications equally or better meet the purpose and intent goals of the development code section(s) to be modified, as compared to a project that strictly conforms to code standards.
6. Public Benefit. The modification provides a net public benefit by accomplishing one or more of the following:
a. Greater variety of housing types, commercial opportunities, or lot sizes than would be achieved under the base development code standards;
b. More publicly available open space, parks, or more usable open space or publicly available recreation opportunities than would normally occur under the base development code standards;
c. Greater protection of natural features than would normally occur under the base development code standards;
d. Greater employment and/or recreation opportunities or projects that promote more mixed uses;
e. Avoidance of natural hazards (e.g., geological hazards, river resources, flood hazards, or wetlands);
f. Improved transportation connectivity, such as the provision of pathways/bikeways and/or other transportation facilities, that would not otherwise be provided pursuant to base development code requirements; and
g. Implementation of the City’s capital improvement program, including but not limited to planned transportation, parks, and infrastructure projects.
7. Engineering Design Standards. Modifications to the City’s engineering design standards require a separate non-land use variance to such standards as approved by the City Engineer. The City may grant such variances concurrently with the master planned development. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.050 Concept plan submission.
1. General Submission Requirements. An application for a concept development plan shall follow the submission requirements for a Type III review under HMC 19.10.040, and shall include all of the following:
a. Statement of planning objectives to be achieved by the master planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
b. Development schedule indicating the approximate dates when construction of the project and its various phases, if any, including public facilities, are expected to be initiated and completed;
c. Statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development; or proposed grants of property or construction of public amenities being offered by the applicant;
d. Narrative report or letter documenting compliance with the applicable approval criteria contained in HMC 19.45.060;
e. Maintenance plan for any common areas or lands not dedicated to a public agency or owned in fee simple; and
f. Additional reports or studies prepared by qualified professionals, as required by the City Administrator, to determine potential project impacts and mitigation, if any, related to: transportation; public facilities; geologic or other hazards; architecture; noise, light, solar access, air quality, or similar concerns; and natural features.
2. Additional Information. In addition to the general information described in subsection (1) of this section, the concept plan, data, and narrative shall include all of the following exhibits and information:
a. Existing conditions map, as defined in HMC 19.15.040, Application submission requirements;
b. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);
c. Off-site public and private improvements concept;
d. Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);
e. Landscape concept (e.g., shows retention of existing vegetation and general planting areas, including concept irrigation);
f. Public/private utilities concept;
g. Architectural concept (e.g., plans illustrate architectural styles, building heights, and general materials);
h. Streets, pathways, parking circulation, both public and private concept;
i. Sign concept plan (e.g., locations, general size, style, and materials of signs), as applicable;
j. Copy of all existing covenants and restrictions, and a general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.);
k. Storm drainage concept;
l. Wetlands avoidance/mitigation concept. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.060 Concept plan approval criteria.
The City, in approving or approving with conditions a concept plan, shall make findings that all of the following criteria are met. The City must deny an application where not all of the criteria are met.
1. Comprehensive Plan. The proposal conforms to the comprehensive plan. A master planned development may exceed the maximum density, commercial (minimum lot size), permitted by the underlying zone; provided, that the overall density of the project is not greater than 125 percent of the density permitted by the underlying zone.
2. Land Division Chapter. Except as may be modified under this title, all of the requirements for land divisions, under Chapter 19.20 HMC, are met.
3. HMC Title 18 Division 2 and Division 3 Standards. Except as may be modified under this title, all of the requirements of HMC Titles 12 and 18 are met.
4. Open Space. Master plans shall contain a minimum of 25 percent open space. Such open space shall be integral to the master plan and connect to a majority of the proposed residential lots. Plans shall provide space for both active and passive recreational uses, and may include, but are not limited to, neighborhood parks, pathways/trails, natural areas, plazas, and playfields. Open space areas shall be shown on the final plan and recorded with the final plat or separate instrument; the open space shall be conveyed in accordance with one of the following methods:
a. Open space proposed for dedication to the City must be acceptable to the Planning Commission with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and approved by City Council based on budgetary, maintenance, and liability considerations; or
b. By leasing or conveying title (including beneficial ownership) to a corporation, homeowners’ association, or other legal entity. The terms of such lease or other instrument of conveyance must include provisions for maintenance and property tax payment acceptable to the City. The City, through conditions of approval, may also require public access or street dedications to be provided, where the open space is deemed necessary, based on impacts of the development and to meet public recreational and transportation needs pursuant to the City’s comprehensive plan and master plans;
5. Special Housing. If the planned unit development proposes housing opportunities that implement local and regional housing goals or that meet other housing needs as identified by the City of Harrisburg, and that is not currently available (or only minimally available) in the City.
6. Modifications to Standards. All modifications to code standards must conform to the criteria in HMC 19.45.040. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.070 Concept plan and expiration.
1. Filing. Upon approval of a concept plan, the approved plan, including any conditions of approval, shall be binding on future uses and development of the property, except where an approval expires.
2. Expiration. Except as provided by subsection (3) of this section, a concept plan shall become void three years after the date of approval if the applicant, or successor, has not filed with the City an application for detailed development plan and final plat approval in conformance with HMC 19.45.080 and 19.45.090.
3. Extension. The City may grant extensions of the concept plan approval period, not to exceed 18 months per extension; provided, that the extension request is made before expiration of the master planned development approval, the applicant can show intent of applying for detailed development plan review within the 18-month extension period, and there have been no substantive changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.080 Detailed development plan submission.
Detailed development plan submittal requirements are determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan submittal shall meet the minimum requirements for final plat submission under Chapter 19.20 HMC and shall contain information demonstrating compliance with the concept plan. The detailed development plan and preliminary subdivision plan shall be reviewed using the Type III procedure in HMC 19.10.040 to ensure substantial conformance to the approved concept plan. Site design reviews on detailed development plans shall be processed through the Type III procedure. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.090 Detailed development plan criteria.
Approval of the detailed development plan shall be based upon a finding that the final plan substantially conforms to the concept plan, including any concept plan conditions of approval. Minor changes to the approved concept plan may be approved with the detailed plan where the City Administrator finds that the modification is necessary to correct an error or to address changes in circumstances beyond the applicant’s control that have occurred since the date of project approval. Other changes must be reviewed as major modifications under Chapter 19.30 HMC. [Ord. 987 § 1 (Exh. A), 2022.]
19.45.100 Subsequent development reviews.
Notwithstanding the provisions of HMC 19.15.030, where the City has previously approved a development project in concept as part of a master planned development approval, subsequent land use applications for the same project may be processed through a Type II review. [Ord. 987 § 1 (Exh. A), 2022.]