Chapter 17.36
PLANNED UNIT DEVELOPMENT
Sections:
17.36.020 Cluster development projects.
17.36.030 Condominium developments.
17.36.045 Development standards.
17.36.060 Site conditions map.
17.36.080 Permitted construction.
17.36.090 Changes in concept plan.
17.36.100 Exemptions from subdivision regulations.
17.36.010 General provisions.
In addition to standard subdivision layouts, it is the intent of the city to permit a reasonable degree of latitude in subdivision and improvement standards to encourage imaginative and innovative design. This is allowable for subdivision developments proposed as planned unit cluster development projects, commercial centers, industrial parks, and shopping centers. Any such plans submitted shall include design and construction elements, common use facilities, open space, private housing and land management maintenance, etc., subject to requirements of all existing city ordinances, except as may be modified by this chapter, in order to arrive at alternative urban and rural land development quality, different from conventional design.
The general purposes of the planned unit development are as follows:
A. Create an alternative method for property development where the strict application of subdivision standards does not address the process of combined residential and commercial development and alternative land development techniques;
B. Provide for more efficient use of land, resulting in smaller networks of utilities, safer networks of streets, lower construction and maintenance costs to the general public, creates greater opportunities for public and private recreation and provide open space;
C. Encourage harmonious and coordinated development of the site. Primary considerations should be the relationship of natural features, community facilities and pedestrian and vehicular circulation to overall transportation plans and the land use relationship with surrounding properties and the general community;
D. Encourage the enhancement and conservation of lands which have scenic, environmental, cultural, or historic significance. (Ord. 681 § 2, 1996)
17.36.020 Cluster development projects.
A. Planned unit developments may include cluster development projects in which the individual lots are substantially smaller than otherwise allowed; provided there is at least as much open space as specified under DPMC Title 18 (maximum lot coverage and density) within the total development as would exist if all lots were of standard size.
1. The density and maximum lot coverage for the project area as a whole shall be the same as allowed under DPMC Title 18, unless a variance is approved by the commission.
2. All of such open space shall be dedicated to scenic or recreational purposes and to be enjoyed in common by all residents of the development, their guests and, where applicable, by the general public.
B. The purpose of such a cluster development is to allow residences in a portion or portions of the development site to be built at greater density than allowed in DPMC Title 18, but with substantially larger total open space to provide better use of land contours and to utilize what otherwise might be waste land as common areas to be enjoyed by all. All such cluster developments shall include provisions as follows:
1. Appropriate provisions for continued use and maintenance of open areas. These provisions shall include a contract commitment between owners to maintain common areas, a provision for its administration and specification of uses. Equivalent provisions for the above may be accepted by the planning commission.
2. The common areas shall be utilized in a feasible manner beneficial to the residents primarily, but consideration shall be given to the public’s use.
3. If there are to be individual owners of the cluster development units, then appropriate and adequate provisions must be made concerning the future sale of such units to provide for the maintenance and upkeep of the open space as stated in subsection (B)(1) of this section as well as the free alienation of said units. (Ord. 681 § 2, 1996)
17.36.030 Condominium developments.
A planned unit development utilizing a condominium development shall follow the same procedures as cluster developments with zero setbacks allowed; provided it is consistent with the concept plan. The concept plan shall include specific provisions concerning the division of ownership of the individual dwelling units, as well as provisions for maintenance, utility costs, ownership of common areas, appearance and cleanliness, violations of agreement provisions, along with such other provisions as may be required by the planning commission consistent with the provisions of this chapter. (Ord. 681 § 2, 1996)
17.36.040 Ownership.
All land included for the purpose of development within a planned unit development shall be owned or be under control of the applicant, whether that applicant is an individual, partnership or corporation, or group of individuals, partnerships or corporations. The applicant shall, in conjunction with preliminary approval under DPMC 17.36.050(B), present proof of the unified control of the entire area within the proposed planned unit development and shall state agreement that, if the applicant proceeds with the proposed development, the applicant will:
A. Do so in accordance with the concept plan of development officially adopted for the planned unit development, the regulations existing when the planned unit development is passed by the planning commission and such other conditions or modifications as may be attached to the land at the time the planned unit development is approved;
B. Provide contracts, and proposed deed restrictions acceptable to the city as to content, for the completion of the undertaking in accordance with the adopted concept plan as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense;
C. Bind any developer successors in title to any commitments made under subsections A and B of this section;
D. All expenses incurred in receiving approval under subsections A, B and C of this section shall be the developer’s responsibility. (Ord. 681 § 2, 1996)
17.36.045 Development standards.
The following standards and criteria shall govern the interpretation and administration of this chapter:
A. Site Acreage Minimum. The minimum site for a planned unit development shall be three acres for exclusively residential developments, and five acres for developments combining retail, commercial, industrial and/or combinations of these types of uses. The site shall abut a dedicated street and the major arterial street serving the planned unit development shall be connected to at least one primary arterial or collector street as defined in the comprehensive plan.
B. Minimum Lot Size. The minimum lot size provisions of other sections of this title are waived in a planned unit development, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to determine planned unit development densities.
C. Setback and Side Yard Requirements. Setbacks and side yards in a planned unit development shall be as required by the planning commission.
D. Off-Street Parking. Off-street parking shall be provided in a planned unit development in the same ratios for types as underlying zones.
E. Design Standards.
1. Open space required shall be as follows:
a. Common Open Space. Each planned unit development shall provide not less than 28 percent of the gross land area for common open space which shall be either:
i. Held in common ownership by all of the owners in the development area; or
ii. Dedicated for public use if acceptable to the city.
b. Private Open Space. Private, usable open space shall be provided for each dwelling unit or other occupancy in a planned unit development as follows:
i. For all occupancies, detached or attached, private open space shall be at ground level, and shall be equal to 20 percent of the site covered by the structures, except in no case shall this open space be less than 200 square feet.
ii. For occupancies having no direct access to ground level, private open space shall be provided in the following amounts: (a) for areas one story above grade, an area (balcony or deck) equal to a minimum of 10 percent of the gross square footage of the occupancy, and (b) for occupancies more than two stories above grade, an area (balcony or deck) equal to a minimum of five percent of the gross square footage of the occupancy.
2. Land Area and Dwelling Unit Computations. Open space and street areas are computed as follows:
a. Street Right-of-Way. Streets in a planned unit development shall be computed at 20 percent of the gross land area, regardless of the amount of land actually used for streets in the final design.
b. Density and Development Formula. In a planned unit development, the planning commission may authorize a dwelling unit or commercial occupancy density not more than 20 percent greater than that permitted by the underlying zone.
3. Maximum Site Coverage. Site coverage shall be not more than the square footage permitted by the underlying zone based on conventional subdivision design and on the open space requirement of the zone.
4. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the planning commission. Such landscaping shall be maintained by the homeowners association, and shall be subject to periodic inspection by the city. In the event that such landscaping is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners association accordingly. If unpaid, such bill shall be a lien against the homeowners association.
5. Relationship to Adjacent Areas. The design of a planned unit development shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned unit development shall be so designed as to minimize undesirable impact of the planned unit development on adjacent properties and, conversely, to minimize undesirable impact on adjacent land use and development characteristics of the planned unit development.
6. Setback Requirements. Setbacks from the property line of the planned unit development area shall be comparable to or compatible with those of the existing development of adjacent properties, or if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning on such properties. In no event shall such setback be less than 15 feet.
7. Streets. All public streets within or adjacent to a planned unit development are to be completed pursuant to the street standards listed in DPMC 17.28.050. (Ord. 681 § 2, 1996)
17.36.050 Procedure.
A. Concept Review. After initial consultation with the planning director, a review of the preliminary development concept shall be made by the planning commission. This will identify many of the planning and platting complications posed by the development and will also afford the applicant with an early indication of the planning commission’s concerns regarding the proposal before the applicant proceeds with extensive planning and engineering studies necessitated by this approach.
B. Preliminary Plat Review. The preliminary plat submittal shall contain the same information required in the regular platting procedure. It shall include the concept plan and site conditions map and shall also contain a written statement identifying all standards of this title which are proposed to be modified. The application shall be accompanied by a State Environmental Policy Act (SEPA) checklist, including a review and analysis of the comprehensive impacts of the proposed planned unit development.
C. Final Plat Approval. A final plat must follow the regular platting procedures and final plat standards, except as modified by this chapter, and may be submitted only after zoning changes, if any, have been completed. The final concept plan shall be submitted with the final plat. After receiving approval from the planning commission, all planned unit developments must receive final approval from the city council. The council shall:
1. Approve the plan and methods utilized to carry out the plan concept;
2. Approve the subdivision plat giving findings of fact and reasons for acceptance. Should the planned unit development be rejected, the council will adopt findings of fact and give reasons for such rejections in its notice of decision issued pursuant to DPMC Title 19. (Ord. 722 § 29, 1998; Ord. 681 § 2, 1996)
17.36.060 Site conditions map.
This map or series of maps shall be submitted with the preliminary plat and shall be drawn to a scale of one inch equals 250 feet and shall indicate the following:
A. Name of the planned unit development and name and address of the developer and/or agent;
B. Scale, date, north arrow, and general location map showing the relationship of the site adjacent to such external facilities as highways, residential areas, shopping areas, fire stations, schools, cultural or recreational complexes, and existing public facilities. Notation of this information on a scaled map is acceptable. (Ord. 681 § 2, 1996)
17.36.070 Concept plan.
A. This plan shall be submitted with the preliminary plat, shall be processed as a Type III (quasi-judicial) application in accordance with all requirements of DPMC Title 19, and shall be prepared to the scale set forth in DPMC 17.28.040, and shall indicate:
1. Pedestrian and vehicular circulation, showing right-of-way widths as well as access points to the major thoroughfares. The applicant may submit alternate proposals for pedestrian systems, bicycle paths, or other alternatives for the movement of persons within the planned unit development other than the automobile.
2. Use of all lands within the proposed planned unit development. Such plans shall indicate the general location, function, and extent of the components or units of the plan including zoning designation; open space provisions, such as parks, outdoor recreation, or scenic areas; community-serving recreational, educational, and leisure time facilities.
3. What arrangements are made for the needed utilities to and within the planned unit development, including municipal sewer and water supply, sewage treatment, electrical, natural gas, communications, ambulance, and fire protection.
4. Evidence that the conceptual plan and any supporting documents have been submitted to such appropriate agencies or departments of the city and state as may be designated by the planning director. Unless otherwise indicated by the planning director, at least the following municipal departments shall be sent the conceptual plan and supporting documents:
a. Public works;
b. Building department;
c. Planning department;
d. Additional agencies include:
i. City of Deer Park fire department or administrative designee;
ii. Washington Water Power;
iii. Inland Power and Light;
iv. U.S. West Communications;
v. Local cable television providers;
vi. State of Washington, Department of Transportation;
vii. State of Washington, Department of Ecology;
viii. Spokane County health officer.
The departments and agencies shall transmit their comments within the time frame established by the planning director pursuant to DPMC 19.16.030. If their comments are not received within that time, it may be assumed that they have no objection. If required, evidence shall be presented that the conceptual plan and supporting documents have been sent to the appropriate state and federal regulatory agencies. Final approval of the plan shall be contingent upon a ruling of compliance or no objections by the agencies. All comments received by the applicant shall be delivered to the planning director in a timely fashion so that a staff report can be prepared in accordance with DPMC 19.16.060 prior to the open record public hearing concerning the concept plan and preliminary plat.
B. After the hearing on the preliminary plat and concept plan, the planning commission will review and give approval as submitted, conditional approval, or deny the concept plan application in its notice of decision issued in accordance with DPMC 19.16.080. If given approval, the applicant has 30 days to submit additional data required by the commission. If requested, an extension may be granted by the commission. If the commission elects to deny the concept plan application, it must state, in its notice of decision issued in accordance with DPMC 19.16.080, the specific reasons for such denial, and state what corrective measures may be taken by the applicant, if any, to correct the stated objections.
C. If the applicant is denied concept plan approval or is in disagreement with conditional approval, the applicant may either:
1. Within the next six months resubmit a concept plan and preliminary plat which satisfy the conditions and objections of the commission; or
2. Appeal the decision to the city council in accordance with Chapters 17.48 and 19.16 DPMC.
D. The concept plan shall contain provisions, if required by the planning commission, for financial responsibility to ensure the completion of each stage of the project, and the agreement of the owner/applicant to defend and indemnify the city from any claims, liabilities, or expenses the city may incur by reason of deficiency of design or construction by or on behalf of the owner/applicant. (Ord. 722 § 30, 1998; Ord. 681 § 2, 1996)
17.36.080 Permitted construction.
Construction may proceed for public and/or approved private roads, utility installation, community-serving open space, and recreational facilities, only after approval of the concept plan, preliminary plat and approval by the city engineering department of required construction documents. No lots or rights shall be sold until after final plat recording. (Ord. 681 § 2, 1996)
17.36.090 Changes in concept plan.
It is not intended that the approved planned unit development concept plan shall be inflexibly applied, but rather the planned unit development should be in conformance with the concept plan, subject to modification upon approval of the planning commission. (Ord. 681 § 2, 1996)
17.36.100 Exemptions from subdivision regulations.
Exemption from or modification of the normal requirements of the subdivision regulations may be permitted when the developer demonstrates to the planning commission that adequate provisions have been made in the planned unit development so that the density of the development is compatible with surrounding land uses and zoning requirements for the proposed use, that pedestrian and vehicular traffic circulation systems are safe and efficient, that the development will progress in orderly phases, and that the public health, safety and general welfare will be protected. Further such modification shall result in at least equivalent quality of living standards compared to regular developments. (Ord. 681 § 2, 1996)
17.36.110 Common space.
Clearly identified responsibilities must be established between the public, homeowners association, and other owners for the ownership, maintenance, management, and use of all common space. (Ord. 681 § 2, 1996)
17.36.120 Staged development.
A subdivision proposed for completion in stages shall be designed and constructed so that each stage would be self-supporting should future proposed stages not occur. The concept plan is to include details of each development stage and the expected timing of each stage. (Ord. 681 § 2, 1996)