Chapter 17.45PMU PLANNED MIXED USE DISTRICT

Sections:

17.45.010
Purposes and objectives.
17.45.020
Mixed use approval required.
17.45.030
Mixed use approval – Exemptions.
17.45.040
Mix of uses encouraged.
17.45.050
Uses permitted.
17.45.060
Development standards.
17.45.070
Application procedures.
17.45.080
Application for mixed use approval.
17.45.090
Approval criteria.
17.45.100
Mixed use final plan.
17.45.110
Subsequent approvals and permits.
17.45.120
Concurrent processing of development proposal applications.
17.45.130
Sureties.
17.45.140
Expiration of mixed use approval.
17.45.150
Amendment of final plan.
17.45.010Purposes and objectives.

A. The PMU district is established to apply to larger parcels of land with significant development potential and to achieve the following purposes:

1. To assure that large new development creates a complete and interdependent Cle Elum community that contains a mix of land uses that provides for most of the daily needs of its residents and visitors including recreation, employment, housing affordable to all residents and education;

2. To obtain development within the city with imaginative site planning in a compatible mixture of land uses that will encourage pedestrian rather than automotive access to employment opportunities and goods and services;

3. To encourage building design that is in keeping with the climate and the traditional rural, small town, mountain character of the Cle Elum area;

4. To ensure sensitivity in land use and design to adjacent land uses within the PMU district, and to avoid creating incompatible land uses;

5. To ensure that all development gives adequate consideration to and provides mitigation for the impacts it creates with respect to transportation, public utilities, open space, recreation and public facilities, and that circulation, solid waste disposal and recycling, water, sewer and stormwater systems are designed to the extent feasible to be adequate to serve future adjacent development that can reasonably be expected; and

6. To ensure that development protects and preserves the natural environment to the maximum extent possible, including but not limited to protecting the water quality of the Cle Elum and Yakima Rivers, contributing to the long-term solution of flooding problems, protecting wetlands and sensitive areas, protecting views and providing a wooded background and ridge adjacent to the community.

B. Each proposal for development within the PMU district shall conform to the Cle Elum comprehensive plan, any applicable subarea plan and applicable annexation and/or development agreements, and will advance the achievement of the foregoing purposes of the PMU district as well as the following objectives:

1. To preserve or create open space for the enjoyment of the residents of the city, employees of businesses located within the city and the general public;

2. To create attractive, pedestrian-oriented neighborhoods with a range of housing types, densities, costs and ownership patterns;

3. To provide access to employment opportunities and goods and services in close proximity to residential uses;

4. To provide a balanced mix and range of land uses within and adjacent to the development that minimize the necessity for the use of automobiles on a daily basis;

5. To use the highest quality architectural design and a harmonious use of building materials;

6. To provide a variety of street sizes and designs, including narrow streets designed principally for the convenience of pedestrians as well as streets of greater width designed primarily for vehicular traffic;

7. To provide commons, greens, parks or civic buildings or spaces as places for social activity and assembly for the neighborhood and community;

8. To provide clustered development to preserve open space within the corporate limits of the city while still achieving an appropriate overall density for the city; and

9. To maintain Old Town as the principal retail center for the City of Cle Elum.

(Ord. 1180 § 3 (part), 2002)

17.45.020Mixed use approval required.

A. Subject to the provisions of CEMC 17.45.303, no land shall be used, subdivided, cleared, graded or filled and no building or structure shall be constructed, altered or enlarged within the PMU district except under the authority of an approved final plan pursuant to CEMC 17.45.140 issued through the process established in this chapter.

B. For purposes of this chapter, “development proposal” means a proposal for any of the activities for which prior mixed use approval is required pursuant to subsection A of this section.

(Ord. 1180 § 3 (part), 2002)

17.45.030Mixed use approval – Exemptions.

A. Road and utility transmission corridors, including electric, telephone, natural gas, television cable, water and sewer, may be constructed in and across the PMU district without an approved final plan, when approved by the city planner, as necessary to serve citywide or regional needs. All proposed road and utility transmission corridors in the PMU district intended solely to serve existing or future development in the PMU district shall be considered as part of an application for planned mixed use approval, and may not be considered pursuant to the authority of this section.

B. Temporary uses and structures, including those for which a grading, clearing or building permit is required may be approved by the city planner without an approved final plan upon a determination that structures can be removed and the area restored to its previous condition without altering the natural characteristics of the property or a significant feature thereof to an appreciable degree. Such temporary structures may be established as permanent features if included in the approved final plan.

C. All approvals under the provisions of this section may include conditions appropriate to ensure to the maximum extent possible that the use or structure approved does not create an impediment to the eventual development of the property to achieve the purposes and objectives of this chapter and do not impact any sensitive area (i.e., wetland, steep slope). Any proposal may be denied if it is found to create a significant impediment to the eventual development of the property or adversely impact environmentally sensitive areas to achieve the purposes and objectives of this chapter that cannot be mitigated by appropriate conditions.

(Ord. 1180 § 3 (part), 2002)

17.45.040Mix of uses encouraged.

The PMU district allows and encourages a mixture of land uses, both vertically and horizontally, on one parcel or several contiguous combined parcels, but does not require such a mixture of uses on-site, provided the development proposal, when considered in relation to surrounding development, achieves the purposes and objectives of this chapter.

(Ord. 1180 § 3 (part), 2002)

17.45.050Uses permitted.

A. All principally and conditionally permitted uses in this title may be allowed in the PMU district pursuant to an approved final plan provided that retail and service uses shall be limited to those convenience retail and service uses that are sized and designed to serve the residents or employees of the PMU zone and provided further specific uses permitted only in industrial districts pursuant to CEMC 17.24, and indicated in subsection B, which shall be prohibited in the PMU district, unless a special finding has been made as described in subsection B of this section.

B. The following uses may be allowed in the PMU district only upon a special finding pursuant to subsection C of this section:

1. Manufacturing, rebuilding and/or repairing nonmetal or mineral products;

2. Welding and metal fabrication shops;

3. Vehicle and machinery repair and storage;

4. Transportation terminals;

5. Contractor’s offices, shops and storage yards;

6. All chemical manufacture, mixing or refining;

7. Asphalt manufacture, mixing or refining;

8. Automobile dismantling, wrecking or junkyards;

9. Blast furnaces or coke ovens;

10. Cement, lime, gypsum, or plaster of paris manufacture;

11. Drop forge industries;

12. Explosives, storage or manufacture;

13. Reduction or disposal of garbage, offal or similar refuse;

14. Oil refining;

15. Rubber reclaiming;

16. Feed yards, livestock sales yards or slaughterhouses;

17. Smelting, reduction or refining of metallic ores;

18. Tanneries;

19. Manufacturing or industrial or household adhesives, glues, cements, or component parts thereof, from vegetable, animal or synthetic plastic materials.

C. The uses specified in subsection B of this section may be permitted in the PMU zone only upon a special finding by the city council that the proposal is for:

1. Public facilities deemed necessary by the city to protect or promote the public health, safety and welfare;

2. The proposed use:

a. Promotes the public health, safety and welfare,

b. Can be carried on within a development proposal without greater traffic, noise, glare, air or water pollution impacts or other environmental impacts than other uses not subject to the prohibition of this section, and

c. Does not materially hinder the achievement of the objectives of this chapter and provides a net benefit to the city.

(Ord. 1180 § 3 (part), 2002)

17.45.060Development standards.

A. It is the intention of this chapter to encourage development proposals not constrained by fixed development standards, and toward that end, deviation from the development standards set forth in subsection D of this section or other standards of this code, except those specified in subsection B of this section, may be authorized when the city council finds, with the advice of the planning commission, that compared to such standards, such deviation would advance the achievement of the stated purposes and objectives of the PMU district at the completion of the development.

B. The development standards in this section shall apply to all development proposals within the PMU district unless an adopted subarea plan or annexation implementation agreement specifies different standards, in which case the standards specified in the subarea plan or development agreement shall apply.

1. All property in one ownership shall be included in a PMU application;

2. The minimum acreage for a mixed use final plan shall be of such size that the applicant can demonstrate the ability to incorporate the intent of this chapter;

3. At least thirty-five percent of the total acreage within the proposed final plan must be dedicated to open space, natural areas, parks, recreation areas, or village greens, commons or public assembly areas, excluding streets and parking areas;

4. The tract or tracts of land included in a proposed mixed use final plan in a PMU district must be in one ownership or control, or be the subject of a joint application by the owners of all the property included;

5. Proposed circulation, solid waste disposal and recycling, water, sewer and stormwater management systems shall be designed in such a manner to allow adequate and efficient future expansion to accommodate development which can reasonably be anticipated on adjacent or nearby lands within the City of Cle Elum or the UGA;

6. The siting of compatible land uses shall be encouraged to the greatest extent possible through the use of sensitive site planning, use of landscaping, buffering and open space;

7. A lighting plan that provides sufficient illumination without significantly diminishing the ambient darkness of the rural setting. Outdoor lighting shall be designed so as not to direct light and/or glare on public roadways and/or neighboring properties. All outdoor lighting shall be fully cut off with the light fully shielded to reduce unnecessary light and glare. No lighting shall exceed a level of thirty footcandles;

8. Average density for single family to be four dwelling units per acre; minimum density for multi-family to be eight units per acre; maximum density for multiple family to be twelve to fifteen dwelling units per acre. Submittal of the final plan shall include sufficient information to determine that all proposed lots have adequate buildable area for the proposed use;

9. Maximum building height: three stories or thirty-five feet, whichever is lower;

10. Include provisions for a floor area ratio for business park; maximum amounts of impervious surface and building coverage for the various uses; refer to the city’s zoning code; and

11. All other requirements of the Cle Elum Municipal Code such as parking, landscaping street standards, etc., unless specifically modified by a subarea plan or development agreement.

(Ord. 1180 § 3 (part), 2002)

17.45.070Application procedures.

Planned mixed use master site plan applications are considered a Type IV process pursuant to Chapter 17.100. Applications shall be processed in accordance with the procedures established by Chapter 17.100 of this title. Provided, that the time limits for decisions established by Section 17.100.120 of this title are not applicable because of the complex nature of the applications and the large areas covered.

(Ord. 1180 § 3 (part), 2002)

17.45.080Application for mixed use approval.

All applications for approval of a development proposal in the PMU district shall, at a minimum, include the following:

A. A statement about the objectives and character of the proposed development. It should outline the concept for the development with a summary of the uses, their density or intensity, the circulation system (vehicular, bike, pedestrian and recreation), provision of public facilities, and relationship to adjacent jurisdictions or development. It should summarize how it meets the purposes and objectives of the planned mixed use district and applicable plans;

B. A site plan, which includes one or more drawings at a scale prescribed by the planning director, showing the following:

1. The location of the site and its relationship to the surrounding areas, including the current land use, natural features, existing road and trail network and the zoning of both the site and the surrounding areas;

2. The existing site conditions, including topography at not less than ten-foot intervals, water bodies, soil types, geologic conditions, sensitive areas, easements, vegetative cover, historical or archaeological sites and other factors or constraints that may shape future use and development;

3. The approximate location and size of all existing and proposed uses, including notations of maximum heights; types and designs of dwelling units, buildings, structures and other improvements; density per type; affordable housing and renderings of a typical streetscape, character of multiple-family, business park and other more intense uses and/or typical lot configuration;

4. The location and approximate size in acres or square feet of all areas to be conveyed, dedicated or reserved as open space, natural areas, parks, recreation areas, or greens, commons or public assembly areas or similar public uses;

5. The existing and proposed circulation system of arterial and collector streets, including if known, the approximate general location of local streets, off-street parking, service and loading areas, and major points of access to public rights-of-way, with notations of proposed public ownership;

6. The existing and proposed pedestrian/recreation circulation system, including approximate locations of bicycle lanes and other recreation trails, including internal connections to regional trails;

7. The existing and proposed major utility systems, including sanitary sewers, storm drainage pipes and detention facilities, sewers, gas, electric power, communications and water;

8. The existing and proposed public transportation services and facilities.

C. In addition to the graphic illustrations set forth in subsection B of this section, the applicant shall submit the following in such form as the city planner may specify:

1. A legal description of the subject property;

2. The program for development, including phasing or completion schedules, if any, and the anticipated project completion date;

3. Proposed design standards for minimum lot area, width, frontage, and yard requirements, street standards, building heights, and parking provisions, as applicable;

4. A list of the items, issues or subjects to be provided for by restrictive covenants and/or design and architectural guidelines;

5. Proposed provisions to assure the permanence and maintenance of common open space and recreational facilities;

6. Proposed landscape standards to apply to open space and yards, and the proposed treatment of required buffers between uses on-site, if any, and around the perimeter of the development, including materials and techniques to be used, such as types of vegetation, screens, fences and walls;

7. The proposed method of street lighting and signing;

8. The proposed plan for solid waste disposal and recycling and a proposal for adequate maintenance of such facilities;

9. A detailed affordable housing program including numbers of units by price ranges, schedules with restrictions and monitoring to assure continuation as affordable units;

10. A statement identifying applicable policies of the Cle Elum comprehensive plan, any subarea plan and any annexation and/or development agreements, and demonstrating how the development proposal meets such policies and the purposes and objectives of this chapter;

11. A list of applicable conditions or mitigations applicable to the development identified in the environmental analysis, development agreements, final master plan approval or specific project approvals;

12. The signature of the applicant or agent authorized to act on behalf of the applicant, with evidence of the agent’s authority;

13. Fees or deposits as provided for in CEMC 16.48.

D. The applicant shall include an assessment of the projected public revenues and expenditures that reflects the construction phases as defined in the planned mixed use master plan;

E. The application shall include a SEPA checklist or a written request for a determination of significance, acknowledging that an environmental impact statement will be required, in lieu of such checklist. If an environmental impact statement has been completed which is applicable to the application, the applicable mitigation measures shall be identified as part of the application;

F. Such other information or studies shall be provided as the city planner may deem necessary to fully evaluate the proposed mixed use final plan’s compliance with this chapter, any applicable subarea plan or annexation/development agreement and other applicable ordinances and regulations of the city.

(Ord. 1180 § 3 (part), 2002)

17.45.090Approval criteria.

Approval of the PMU district shall require the following findings:

A. The development proposal substantially complies with the Cle Elum comprehensive plan, the policies of any applicable subarea plan, the requirements of any applicable annexation implementation agreement and the purposes and objectives of this chapter, and including but not limited to the following:

1. The purposes and objectives of CEMC 17.45.010 and 17.45.020 specifically advanced by the proposal;

2. Adequacy of the provisions for each of the following, where applicable:

a. Water supply;

b. Wastewater treatment facilities;

c. Stormwater management;

d. Power supply;

e. Schools;

f. Affordable housing;

g. Open space, natural areas, parks, recreation areas, or greens, commons or public assembly areas;

h. Municipal services and facilities;

i. Fiscal impact guarantees; and

j. Transportation systems management.

3. Environmental impacts and mitigation, including but not limited to the following, where applicable:

a. Wetlands protection;

b. Sensitive areas protection;

c. Habitat protection;

d. Quiet and dark night sky;

e. Water quality protection; and

f. Air quality protection.

(Ord. 1180 § 3 (part), 2002)

17.45.100Mixed use final plan.

A. The site plan and conditions, as approved by city council, shall constitute the “final plan” for purposes of this chapter. Approval of the final plan does not of itself authorize development, but provides the standards against which applications for subsequent approvals and permits for development proposals are to be reviewed. The final plan is intended to provide a framework within which future discretionary review, including but not limited to subdivisions, binding site improvement plans and design review, will be conducted.

B. Approval of the final plan constitutes mixed use approval.

C. The final plan shall be recorded with the Kittitas County Auditor’s Office.

D. The city planner shall maintain a true, accurate and complete copy of the final plan.

(Ord. 1180 § 3 (part), 2002)

17.45.110Subsequent approvals and permits.

A. Applications for subsequent permits and approvals shall be approved only when substantially in conformance with the approved final plan.

B. The city planner shall determine within forty-five days after receipt whether any application subsequent to approval of the final plan is substantially in conformance therewith. All applications will be reviewed consistent with the requirements of CEMC 17.100, Procedures.

C. The subsequent application shall be considered substantially in conformance with the approved final plan when the proposal:

1. Is within the scope and intent of the final plan;

2. Is of a similar size and scale and does not present appreciably different environmental effects from those identified during the final plan review process;

3. Does not reduce overall acreage identified as dedicated public areas, open space or buffering areas;

4. Does not materially change the balance of uses; and

5. Does not exceed the limitations of any development standards approved pursuant to CEMC 17.45.060.

D. Notice of the city planner’s determination as to whether a subsequent application is substantially in conformance with the approved final plan shall be mailed to the applicant and published, and such determination shall be final unless appeal is taken to the city council within fifteen days after the date of publication.

E. Applications for subsequent subdivisions or permits for construction shall include the proposed covenants, conditions and restrictions, and any other matter required as a condition of the final plan.

F. A determination of consistency with the final plan shall not exempt the subsequent application from the necessity of obtaining any other required local, state or federal permits or compliance with any other applicable requirements.

(Ord. 1180 § 3 (part), 2002)

17.45.120Concurrent processing of development proposal applications.

Applications for development approvals, including but not limited to subdivisions, may be submitted with applications for mixed use approval and may, to the extent practicable, be processed concurrently.

(Ord. 1180 § 3 (part), 2002)

17.45.130Sureties.

When the final plan approves phased development, conditions shall be established for sureties or other performance guarantees acceptable to the city for infrastructure, open space, landscaping and any other performance required as a condition of mixed use approval.

(Ord. 1180 § 3 (part), 2002)

17.45.140Expiration of mixed use approval.

A mixed use approval shall expire and become void unless substantial construction is commenced within two years of the date of approval of the final plan, or within a longer period if specifically authorized in the phasing or construction schedules approved in the final plan and is substantially completed within the approved phasing or construction schedules; provided, such time periods shall be tolled during the pendency of any litigation related to the mixed use project that prevents the applicant from commencing or completing such construction; and further provided, that prior to the expiration of the mixed use approval, an applicant may apply directly to the city council for one or more extensions not to exceed one year each. The city council shall approve such extension or extensions upon a finding of good cause.

(Ord. 1180 § 3 (part), 2002)

17.45.150Amendment of final plan.

All provisions of this chapter shall apply to applications for amendment of an approved final plan, except such application need only detail the proposed changes. All changes to the approved final plan, which are not determined to be in substantial conformance therewith pursuant to CEMC 17.45.110, including any request to materially alter the entire phasing schedule contained in a mixed use approval, shall require amendment of the final plan.