Division III. Development Regulations
Chapter 18.56
LARGE-SCALE DEVELOPMENTS
Sections:
18.56.020 Large-scale developments permitted.
18.56.030 Planning, design and documentation.
18.56.040 Construction requirements.
18.56.050 Procedure for approval of a large-scale development.
18.56.010 Intent.
The intent and purpose of the large-scale development provisions of this code shall be:
A. To facilitate the orderly development of the city in accordance with the city’s comprehensive plan.
B. To permit developers to vary density, architectural styles and building forms on a project-by-project basis, rather than on the basis of traditional zoning concepts.
C. To reduce the tax burden for special services, the costs of which can be more appropriately charged to property owners within the developments.
D. To facilitate a more economical arrangement of buildings, circulation systems, land use, drainage, and utilities than would otherwise be possible.
E. To promote superior maintenance of buildings and jointly owned open space and facilities within the development, through the use of agreements between the city and homeowners or property owners associations.
F. To facilitate proper development of otherwise derelict and inaccessible parcels.
G. To establish more definitively the rights, duties, and responsibilities of land developers and unit owners with respect to the development and maintenance of large-scale projects.
H. To coordinate the requirements of the Condominium Enabling Act and the Planning Enabling Act. [Ord. 1998-99-A § 10-6-1.1.]
18.56.020 Large-scale developments permitted.
The following types of large-scale developments may be constructed within the city, but may be located only in the zone(s) in which such development is listed as a permitted conditional use:
A. Planned unit developments.
B. Condominium projects.
C. Mobile home parks. [Ord. 1998-99-A § 10-6-1.2.]
18.56.030 Planning, design and documentation.
The layout and design of all large-scale developments and all plans, plats, documents, agreements, brochures, statements, and other submissions shall be prepared in accordance with the provisions of this code and city standards as directed by the planning commission or their authorized representative. [Ord. 1998-99-A § 10-6-1.3.]
18.56.040 Construction requirements.
A. Developer Must Construct Improvements in Accordance with Plans. All individual large-scale developments shall be constructed in accordance with the approved final plans and all final plans, plats, documents, and agreements shall be binding on the developer, his successors, grantees, and assignees and shall limit the use of the land in the development as set forth in the approved plans, documents and agreements. In the event that the developer performs construction work which is not in accordance with approved final plans, the city engineer or other authorized representative shall cause further work to be discontinued and the city council shall obtain compliance or shall revoke all permits relating thereto.
B. Developer Must Construct Improvements within Permitted Time Period. All improvements required under the terms of the applicable type of large-scale development shall be constructed within the time period specified for the duration of the guarantee of performance, except that the city council, upon recommendation of the planning commission, may require the developer to install the landscaping on all or part of the common open space or to construct other specific required improvements on all or part of an approved large-scale development within a time period which is less than the maximum time period specified but which shall not be less than six months from the date of said approval. If no development has occurred pursuant to the adopted plan within 12 months after the date of final approval, the city council may revoke any building permits issued and may repeal all prior approvals of the development.
C. Stage Construction Permitted. Development may be carried out in progressive stages, provided assurance is given to the city council that the requirements and intent of this code with respect to each stage shall be fully complied with. Each stage shall be considered as a separate application. [Ord. 1998-99-A § 10-6-1.4.]
18.56.050 Procedure for approval of a large-scale development.
The procedure to be followed in securing approval of a large-scale development project shall be as follows:
A. Presubmission Conference. Any person desiring to undertake a large-scale development project within the city shall meet with the planning commission or their designated representative to discuss the basic concept of the proposed large-scale development and to obtain information concerning the city’s requirements for approval and construction. The purpose of the conference is to acquaint the developer with the range of opportunities for development under the large-scale development provision, and also to ensure that the developer is fully aware of the approval procedure, the requirements and standards for design and construction of the project and the content of the required documents and statements.
B. Preapplication Conference. The developer shall prepare and present to the planning commission or their designated representative:
1. A sketch plan(s) and general written description of the project.
2. A summary of data required to be included in the information brochure.
3. A statement indicating the present ownership status of the land.
The purpose of the conference is to provide informal assistance to the developer in the preparation of the plans early in the process. The city may suggest changes in the proposed layout or brochure data in order that the project may be more fully consistent with the city’s comprehensive plan and also with the city’s development regulations and policies.
The sole purpose in holding the conference shall be to aid the developer in the preparation of his plans and documents. In no way shall the conference or any of the suggestions made therein be construed to constitute approval of the plan.
C. Developer Prepares Preliminary Plans and Documents and Submits to City. Following the preapplication conference the developer shall prepare and submit the required preliminary plans and documents to the planning commission or its designated representative. The materials submitted shall include:
1. An application for approval of the large-scale development.
2. Four copies of all required preliminary plans, documents, and statements.
3. Evidence of payment of the required review fee.
4. Evidence of compliance with the water rights conveyance requirements of this code.
The application and all other material must be submitted at least 15 days prior to the meeting of the planning commission at which it is to be considered.
D. Planning Commission Reviews and Takes Action on Preliminary Plans and Documents.
The planning commission shall review the preliminary plans, documents, and statements and shall act to approve or disapprove the proposal or approve it subject to modification.
The action of the planning commission shall be communicated to the city council within 30 days following first consideration of the application.
Approval by the planning commission shall not constitute final approval of the project but shall be deemed as a positive recommendation to the city council that a public hearing on the proposed project be advertised and held and the project approved.
E. City Council Reviews Plans and Documents and Calls Public Hearing. The city council shall review the preliminary plans, documents, and statements as recommended by the planning commission and shall advertise and hold a public hearing on the proposed project. Said hearing shall be called in the same manner as an amendment to this code.
F. City Council Takes Action on Plans and Documents. Following the public hearing, the city council shall act upon the preliminary plans and documents to approve, disapprove, or approve subject to modification.
If disapproved, no further action is required. If approved subject to modification, the plans, documents and statements shall be returned to the planning commission with instructions that the developer should modify the plans and/or documents in accordance with required changes and to resubmit the modified proposal to the planning commission for its further review and recommendation.
If approved, the preliminary plans and documents shall be returned to the planning commission with instruction to authorize the developer to proceed to prepare and submit the final plans and documents through the planning commission.
Upon passage of a motion by the planning commission and city council to approve the preliminary plans and documents, the city shall be committed to grant final approval of the final plans and documents upon compliance with all procedures, standards, requirements, and any conditions attached to said approval relating to the applicable large-scale developments.
The preliminary plans and documents shall be valid for 12 months from the date of action by the city council. The time limit may be extended for an additional year upon approval by the planning commission. Any extension of time shall be officially requested in writing and submitted to the planning commission office 31 days prior to the end of the 12-month preliminary approval period.
No construction shall be permitted until final approval of the development has been obtained.
G. Developer Prepares and Submits Final Plats, Plans and Documents. After receiving authorization to proceed, the developer shall prepare and submit to the planning commission:
1. Application for final approval.
2. One reproducible tracing and three copies of the final plat, where applicable.
3. Three copies of the final plans.
4. Three copies of the final documents and statements.
5. Three copies of an itemized estimate of the cost of constructing the required improvements.
6. Evidence of payment of review and recording fee.
7. Documents conveying evidence of compliance with water rights requirements of the city.
8. A policy of title insurance or preliminary report of title verifying that the owners listed in the owner’s dedication certificate of the final plat have sufficient control over the premises to effectuate said dedication without boundary exceptions.
All submissions shall be prepared in accordance with city standards. In order for the development to be placed on the agenda, the final plans, plat, and documents must be submitted to the planning commission office at least seven days prior to the meeting at which the plans are to be considered.
H. Planning Commission Acts on Final Plat, Plans, Documents and Statements. When the plans, plat, documents, cost estimates, and other materials required for approval have been completed in final form, the developer may make application to the planning commission and the planning commission will grant final approval after reviewing the final plan and ascertaining that:
1. The final plans conform with the conditions of the preliminary approval.
2. The final plat complies with the requirements and standards relating to the applicable type of large-scale development.
3. The final documents and statements comply with the standards relating to the applicable type of large-scale development.
4. The estimates of cost of constructing the required improvements are acceptable.
5. Tax liabilities of the common open space (wherever a large-scale development involves the reservation of common open space) have been determined.
6. The proposed performance guarantee is in accordance with the provisions of Chapter 18.72 MMC and is in an amount sufficient to cover the cost of the outstanding required improvements.
Upon a finding of approval, the chairman shall be authorized to sign required final plats.
I. Developer Submits Performance Guarantees. Upon approval by the planning commission, the applicant shall proceed to make arrangements suitable to the city for posting a bond or other financial assurance guaranteeing construction of all uncompleted required improvements. Said performance guarantee shall be in conformance with the provisions of Chapter 18.72 MMC.
J. City Council Acts on Final Plans, Plats, and Documents. After the planning commission has approved the final plans, plat, documents, and other materials, a copy of the same shall be submitted to the city council for its approval. The council will review said materials and also the proposed performance guarantees and, subject to a properly presented motion, may approve said plans; execute all appropriate documents, agreements and final plats; and accept all public dedications.
Final approval shall be by adoption and publication of an ordinance of approval. Said ordinance shall show and identify the area included within the development and shall constitute an amendment of the ordinance and zone map. Upon adoption and publication of the ordinance of approval, the specific requirements of the underlying zone shall be considered modified in conformance with the plans, plats, documents, and agreements as approved by the city council.
K. City Records Plats and Documents. Upon acceptance of the performance guarantees, compliance with any conditions of approval, receipt of all executed documents and passage and publication of the amending ordinance, the city shall record all final plats, documentation and agreements in the office of the county recorder and shall notify the developer to proceed with construction.
L. Amendments. The plans, plats, documents and statements may be amended by following the same procedure required for initial approval. No change shall be made which is contrary to the intent of the city’s land use plan or the standards and requirements of this code. Any amendment of a recorded final plat which also qualifies as a subdivision shall not be approved or recorded until the existing recorded plat has been vacated. [Ord. 1998-99-A § 10-6-2.]