Chapter 16.48
PLANNED DEVELOPMENTS
Sections:
16.48.050 Initiation--Application.
16.48.060 Application procedure.
16.48.070 Applicable standards--Any zone.
16.48.080 Applicable standards--Residential zone.
16.48.110 Approval--Council review.
16.48.120 Approval--Guarantees of compliance.
16.48.010 Purpose.
The purpose of this chapter is to:
A. Provide an alternative means of development to short plats and subdivisions.
B. Encourage development more appropriate to an area than plat development.
C. Permit flexibility that will encourage a creative approach to the development of land and will result in a more efficient, attractive and desirable environment.
D. Permit flexibility in land use and density, placement of buildings, use of open space, vehicle and pedestrian access, parking and other factors that will best utilize the potential of an area. (Ord. 1343 §1, 1993).
16.48.020 Definitions.
The following definitions apply in this chapter:
A. Planned Development (PD): The development of property that involves variations from the zoning codes.
B. Administrator: The city administrator who shall administer and supervise all planned developments.
C. Applicant: The person or organization that submits a PD application. (Ord. 1343 §2, 1993).
16.48.030 Description.
A PD is an alternative means of land use for parcels of 10,000 square feet or larger, all of which must be entirely within the city limits. (Ord. 1343 §3, 1993).
16.48.040 Where permitted.
A PD is permitted within all zones. (Ord. 1343 54, 1993).
16.48.050 Initiation--Application.
PD projects may be initiated by anyone having an interest in the property who submits the information and application as required by this chapter. (Ord. 1343 §5, 1993).
16.48.060 Application procedure.
A. Before a PD application is submitted, the applicant shall meet with the administrator and provide the following information:
1. Location of the PD;
2. The type of PD;
3. Type and number of proposed structures; and
4. Anticipated municipal services required.
B. Within thirty days of receiving the information, the administrator shall provide the applicant with a written staff assessment of the feasibility and compatibility of the project with the city’s comprehensive plan.
C. Within thirty days of receiving the written staff assessment, the applicant shall submit a preliminary development plan to the administrator, which preliminary plan shall include the following:
1. Property legal description;
2. Environmental checklist;
3. Statement of present ownership and present zoning;
4. Statement of anticipated final ownership including any plans for rental, sale or other disposition;
5. Tentative schedule of development;
6. State of planning objectives;
7. Terrain information, including topography, soils, vegetation, hydrology;
8. Structure information, including type, size and height, location and number of structures, general design, density, open space use and public use areas such as parks and walkways;
9. Public improvement information, including location of primary water and sewer mains, fire hydrants, construction standards of streets, curbs and sidewalks;
10. A vicinity map showing the PD in relation to the surrounding property;
11. A site plan showing terrain and water features, vegetation cover, land use by structure type, property line arrangement, streets, utilities, arrangement of open space, public use areas and landscaping; and
12. Environmentally critical areas that require protection under the Growth Management Act.
D. Within thirty days of receiving a complete preliminary development plan, the administrator will submit the preliminary plan with the staff assessment and recommendation to the planning commission. Within sixty days of receiving the preliminary plan, the planning commission will assess the compatibility with the comprehensive plan and provide a recommendation to the council.
E. The council will examine the preliminary plan, the recommendation of the planning commission, the city staff assessment, and provide for comment from the community in one or more public hearings. The council may accept or reject the preliminary plan. Rejection of the preliminary plan is final and terminates the PD process. Approval of the preliminary plan provides an agreement in principle between the city and the applicant as to the general intent for the use of the property in the PD including the location of structures, streets, utilities, open space and public uses.
F. Within one year of the approval of the preliminary development plan, the applicant shall submit a final development plan to the administrator. The planning commission can extend the one year an additional twelve months if the applicant shows reasonable cause for a delay.
G. The final PD plan shall include the following:
1. All documents included in the preliminary plan;
2. Proof of ownership of the property if not in the preliminary plan;
3. A plan for the maintenance of common or public areas or facilities;
4. Any homeowner agreements and/or covenants;
5. A site map showing types of structures;
6. A landscape plan showing vegetation to be added or retained;
7. Utility and drainage plan showing location of all water and sewer mains, water hydrants, fire hydrants, manholes and storm sewers;
8. Perimeter development plan; and
9. Architectural plans and renderings showing typical floor plans and styles that will indicate the architectural character of the development;
10. All streets in the PD shall be paved.
H. The council may accept or reject the PD on the basis of the information provided. Rejection of the PD is final and terminates the PD process. Approval by the council authorizes the building inspector to issue building permits and results in a binding land use covenant with respect to the property. (Ord. 1387 §1, 1995; Ord. 1343 §6, 1993).
16.48.070 Applicable standards--Any zone.
The following standards apply to a PD in any zone:
A. The PD shall:
1. Contain at least 10,000 square feet of real property located in the city limits;
2. Be connected to existing roads to provide safe and reasonable access;
3. Have new utilities underground;
4. Have properly controlled storm water drainage which does not adversely affect adjoining property nor degrade the quality of natural storm runoff into the flood control area;
5. Have landscaping for all areas not covered by structures, parking lots, sidewalks or other improvements;
6. Meet or exceed all city standards, regulations and uniform codes; and
7. Public improvements for streets and utilities shall be in accordance with the latest edition of Standard Specifications for Roads, Bridges and Municipal Construction (WSDOT & APWA) as amended by the city;
8. Have paved streets. (Ord. 1387 §2, 1995; Ord. 1343 §7, 1993).
16.48.080 Applicable standards--Residential zone.
The following standards further apply to a PD in any residential zone:
A. A density of one dwelling unit per 2,000 square feet lot size is permitted if the following features are included:
1. Compatible design;
2. Preservation of open space, natural features and views;
3. Energy conscious construction;
4. Private open space;
5. One covered parking space/unit; and
6. Sidewalk, curb and street construction.
B. A density of one dwelling unit per 1,250 square feet lot size is permitted if the following features are included:
1. Compatible design;
2. Preservation of open space, natural features and views;
3. A minimum 20,000 square foot parcel;
4. Energy conscious construction;
5. Private open space;
6. One covered parking space per unit;
7. Sound transmission reduction; and
8. Sidewalk and curb construction and asphalt streets.
C. In the event the PD does not satisfy all of the standards in either subparagraph A or B of this section, then any use of the property must comply with the density standards otherwise applicable to that zone.
D. A minimum of twenty-five percent of the site will be usable open space. A minimum of ten percent and a maximum of fifty percent will be personal open space. In multi-story dwellings balconies and decks can be used to calculate personal open space.
E. A buffer containing landscaping, fencing, walks and/or plants shall be located along any boundary which is adjacent to a nonresidential area or arterial road.
F. Uses permitted in a residential zone PD include residential, residential accessory, neighborhood convenience, personal and professional use, recreation, religious or educational. The location, size and type of any nonresidential use shall be specified on all site plans and specifically evaluated by the planning commission. (Ord. 1343 §8, 1993).
16.48.090 Applicable standards--Nonresidential zone.
The following standards further apply to a PD in any nonresidential zone:
A. A minimum of twenty percent of the site shall be open space.
B. Buffers shall be constructed to include visual screening and sound attenuation if the PD is within one hundred feet of a residential area or an arterial road.
C. Noise reduction barriers shall be constructed if the use produces or may likely produce sounds in excess of one hundred decibels. (Ord. 1343 §9, 1993).
16.48.100 Adjustments--Permitted when.
The administrator may by order make minor adjustments to the PD involving the location or dimensions of a building providing such adjustments do not increase the total amount of floor space or reduce parking or loading facilities, do not change locations that move a structure closer to a boundary, or change points of access. (Ord. 1343 §10, 1993).
16.48.110 Approval--Council review.
Upon approval of a PD, the council shall retain jurisdiction to review the PD based upon its own motion, a request by the planning commission, or any other person who has an interest in the PD or claims to be aggrieved by the PD. Any such request for a review of the PD shall be conducted in a public hearing after fifteen days notice has been published and given to the PD applicant and any other parties of interest. (Ord. 1343 §11, 1993).
16.48.120 Approval--Guarantees of compliance.
A. In granting final approval for a PD, the council may require guarantees of compliance with the final plan. Such guarantees may include performance bonds, lien agreements, or escrow accounts.
B. The development of an approved PD shall be in accordance with the conditions of final approval. Failure to comply with the conditions of approval, final plan, or any PD standards will be considered a violation of the zoning ordinance and the council may then terminate the PD and require the applicant to comply with all zoning laws otherwise applicable to the property.
C. After approval of the PD by the council, the applicant will record a plat of the PD with the Whitman County auditor, which shall occur prior to the issuance of a building permit for any improvements on the PD. (Ord. 1343 §12, 1993).
16.48.130 Nonrefundable fee.
The applicant shall pay a three-hundred-dollar nonrefundable fee to the city when the preliminary development plan is submitted. Any engineering costs incurred by the city with respect to the PD will be paid by the applicant as a condition of approval of the PD. (Ord. 1343 §13, 1993).