Chapter 19.32
PLANNED RESIDENTIAL DEVELOPMENT OVERLAY ZONE

Sections:

19.32.010    User guide.

19.32.020    Review authority—Review process for planned residential developments.

19.32.030    Site location criteria.

19.32.040    Permitted dwelling type and uses.

19.32.050    Development standards—Parcel size.

19.32.060    Development standards—Density.

19.32.070    Development standards—Design.

19.32.080    Development standards—Traffic circulation.

19.32.090    Development standards—Parking requirements.

19.32.100    Development standards—Perimeter landscaping and screening.

19.32.110    Development standards—Open spaces.

19.32.120    Development standards—Preservation of existing features.

19.32.130    Hearing—Determination.

19.32.140    Preliminary approval—Scope.

19.32.150    Zoning map amendment.

19.32.160    Final development plan—Time limit for submission—Extension.

19.32.170    Final development plan—Failure to submit.

19.32.180    Final development plan—Contents—Final approval procedure.

19.32.190    Final development plan—Subdivision plat approval procedure.

19.32.200    Final development plan—Amendments permitted.

19.32.210    Mutual safeguards.

19.32.010 User guide.

This chapter establishes a mechanism for a person to propose a residential development that is innovative or otherwise beneficial but which does not strictly comply with the provisions of this title.

This mechanism, which is called a planned residential development or PRD, is intended to allow residential developments which benefit the city more than would a development which complies with the specific requirements of this title.

If you are interested in proposing a planned residential development or if you wish to participate in the city’s decision on a proposed PRD, you should read this chapter. (Ord. 1671-89 (part), 1989.)

19.32.020 Review authority—Review process for planned residential developments.

A proposed PRD will be reviewed in accordance with the review processes as described in Title 15, Local Project Review Procedures. (Ord. 2538-01 § 25, 2001: Ord. 1671-89 (part), 1989.)

19.32.030 Site location criteria.

This section provides basic guidelines for considering the appropriate location for planned residential development projects.

A.    PRD sites shall be located so as to provide direct access to the proposed project without creating unacceptable volumes or character of traffic along local streets in adjacent neighborhoods.

B.    PRD sites shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems and other utility systems so that neither extension nor enlargement of such systems will be required resulting in a higher net public cost than would development in a form generally permitted in that area. (Ord. 1671-89 (part), 1989.)

19.32.040 Permitted dwelling type and uses.

A.    Dwelling type shall be permitted as follows, according to the underlying zones:

Use

Zone Permitted

Single-family detached

All residential zones

Single-family attached and two-family

R-2*, R-3, R-4

Multiple-family

R-3, R-4 R-5

Recreational facilities

All residential zones

*In R-2 zones, not more than twenty-five percent of the dwellings in a PRD may be located within duplex structures.

B.    The uses which are permitted shall be the same as permitted in the underlying zone and shall be subject to the standards and criteria listed in the underlying zone and in this section. (Ord. 1671-89 (part), 1989.)

19.32.050 Development standards—Parcel size.

A.    Any lot not less than two acres in size may be considered for a PRD classification.

B.    The review authority may accept parcels less than two acres but in no case less than one acre, provided the site has some unique features (slope, vegetation, shorelines, wetlands, etc.) which would possibly be destroyed if traditional development techniques were employed. (Ord. 1671-89 (part), 1989.)

19.32.060 Development standards—Density.

A.    Density increases above current zoning requirements may be granted by the review authority. Any density increase is a bonus given to the applicant in exchange for project amenities listed in Section 19.32.070. The maximum residential densities that the city may approve in a PRD are as follows:

1.    If the Everett general plan specifically has established a higher density for the area that includes the subject property than is permitted in the zone in which the PRD is proposed, the city may approve a density up to that established by the Everett general plan.

2.    If the Everett general plan has not specifically established a higher density for the site than is permitted by the underlying zoning, the city may approve a density bonus of up to fifteen percent greater than the density that would be allowed without the PRD if:

a.    The design quality of the development offsets the impact of the increase in density; and

b.    The increase in density is compatible with existing uses in the immediate vicinity of the subject property.

B.    The density shall be based on the lot area. For lots which contain environmentally sensitive areas, the areas designated as environmentally sensitive may be included in the calculation of permitted density, provided that all standards of Sections 19.33D.360 through 19.33D.590 and Chapter 19.37 of this title are met. (Ord. 1849-92 § 19, 1992; Ord. 1671-89 (part), 1989.)

19.32.070 Development standards—Design.

The degree of distinctiveness and the desirable variation achieved by the project shall govern the amount of density increase which the review authority may approve. Such considerations may include but are not limited to:

A.    Landscaping, including open space, use of existing vegetation, pedestrian facilities and developed recreational areas. Maximum density increase allowed is one-third of that permitted in Section 19.32.060.

B.    Project siting, including visual focal points, use of existing physical features as topography, view, sun and wind orientation, circulation pattern, variation in building setbacks and building groups. Maximum density increase allowed is one-third of that permitted in Section 19.32.060.

C.    Project design features, including street sections, architectural styles, harmonious use of materials, and parking areas broken by landscaping features. Maximum density increase allowed is one-third of that permitted in Section 19.32.060.

D.    No increase in permitted density shall be permitted for sites which have been cleared of evergreen trees within two years prior to the date of application for PRD approval. Density increases granted which were based upon preservation of existing trees shall be forfeited if such trees are removed between the time of preliminary and final approval and issuance of building permits. (Ord. 1671-89 (part), 1989.)

19.32.080 Development standards—Traffic circulation.

A.    Increased densities shall not be permitted to an extent which would burden traffic on existing streets.

B.    All streets shall be public dedicated.

C.    Streets and rights-of-way shall be provided in accordance with city standards unless the city engineer approves a lesser requirement based on projected demand. (Ord. 1671-89 (part), 1989.)

19.32.090 Development standards—Parking requirements.

A.    Parking spaces shall be provided in accordance with the requirements of the underlying zone.

B.    Parking areas shall be arranged so as to prevent through traffic to other parking areas.

C.    Parking areas for more than ten vehicles shall be screened from adjacent structures, roads and traffic arterials with hedges, dense planting, earth berms and changes in grade or walls.

D.    All parking areas for more than ten vehicles shall be adequately lighted, and the light shall be directed away from adjacent residences. (Ord. 1671-89 (part), 1989.)

19.32.100 Development standards—Perimeter landscaping and screening.

If topography, vegetation, screening or other barriers along the perimeter of the PRD project do not achieve reasonable compatibility with adjacent uses, the review authority may impose the following requirement: Structures located on the perimeter of the PRD project must be set back two feet for each foot in height above twenty feet. The additional setback shall be in excess of the basic setback requirement. (Ord. 1671-89 (part), 1989.)

19.32.110 Development standards—Open spaces.

A.    When open space is provided for the purpose of active or passive recreational activities, its usability will be a prime consideration of the review authority. The review authority will base its acceptance of such open space on the characteristics of the surface of the open space area (land, water, rooftops), its dimensions, location, slope and physical improvements.

B.    Open space may be provided to achieve preservation of any unique or natural site amenities. Such areas might include unusual rock outcroppings, groves of trees, ravines, ponds and streams, and are aimed at enhancing the PRD project.

C.    Provision shall be made for perpetual maintenance of any common open space in a form which is acceptable to the city attorney. (Ord. 1671-89 (part), 1989.)

19.32.120 Development standards—Preservation of existing features.

A.    Existing trees and other natural and unique features shall be preserved wherever possible. The location of these features must be considered when planning the open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels. This shall be demonstrated to the review authority by submission of an inventory of the natural and unique features of the site, including all trees over six inches in diameter at the height four feet above grade, to be removed or retained, excluding alder.

B.    The review authority may inquire into the means whereby trees and other natural features will be protected during construction. Clearing of topsoil, trees and natural or unique features before the commencement of building operations shall be prohibited. (Ord. 1671-89 (part), 1989.)

19.32.130 Hearing—Determination.

A.    The review authority shall make its decision on the PRD proposal based upon all information presented at the public hearing.

B.    The review authority, after reviewing the evidence, shall take formal action in writing either approving the plan as presented, approving subject to certain specific modifications, or disapproving it. The action of the review authority takes the form of a recommendation to the city council. (Ord. 1671-89 (part), 1989.)

19.32.140 Preliminary approval—Scope.

Preliminary approval does not constitute approval to obtain any building permits nor begin construction of the project. (Ord. 1671-89 (part), 1989.)

19.32.150 Zoning map amendment.

The procedure for amending the zoning map for a PRD shall be in accordance with the procedure described in Section 41.160.D.12 of this title for “performance agreement rezones.” (Ord. 1671-89 (part), 1989.)

19.32.160 Final development plan—Time limit for submission—Extension.

Within a period of three years following the approval of the preliminary development plan by city council, the applicant shall file with the planning department a final development plan. The planning director, for good cause, may extend for one year the period for filing of the final development plan. (Ord. 1671-89 (part), 1989.)

19.32.170 Final development plan—Failure to submit.

If the applicant fails to apply for final approval for any reason within the time specified in Section 19.32.160, the resolution of intent to rezone shall become void. All future plats and permits shall be subject to the requirements of the basic zoning and subdivision codes unless a new application for preliminary PRD approval is submitted and approved. (Ord. 1671-89 (part), 1989.)

19.32.180 Final development plan—Contents—Final approval procedure.

The final development plan shall consist of elements presented for preliminary approval and the requirement of the subdivision code, when applicable. The procedure involved in final approval shall consist of the following:

A.    The final development plan shall be submitted to the planning department.

B.    The planning staff shall review the final development plan to see that it is in substantial compliance with the previously approved preliminary development plan.

C.    All schematic drawings presented in the preliminary development stage shall be presented in detailed form, i.e., landscaping, circulation, utilities, building location, etc.

D.    If the final plan is in substantial compliance with the approved preliminary plan, it shall be approved using the review process described in Title 15, Local Project Review Procedures. (Ord. 2538-01 § 26, 2001: Ord. 1671-89 (part), 1989.)

19.32.190 Final development plan—Subdivision plat approval procedure.

A.    If the PRD project also involves a subdivision plat, preliminary plat approval may occur simultaneously with the final development plan approval. Construction on public utilities and roads shall not begin until approval of such plans by the city engineer.

B.    Final plat approval of a PRD project shall involve acceptance of the installed public improvements and other dedicated property. (Ord. 1671-89 (part), 1989.)

19.32.200 Final development plan—Amendments permitted.

A.    Minor changes in the location, siting and height of buildings and structures may be authorized by the director without additional public hearings if these changes were required by engineering or other circumstances not known at the time the final plan was approved. No changes authorized by this section may cause any of the following:

1.    A change in the use, intensity or character of the development;

2.    An increase in the overall ground coverage of structures;

3.    An increase in the problems of traffic circulation;

4.    A reduction in approved open space, off-street parking, loading zones, right-of-way or pavement width.

B.    Changes in uses, rearrangement of lots, blocks, buildings, tracts or changes in the provision of common open space and changes other than listed above shall be reviewed by the city council following a recommendation from the review authority. Such amendments may be made only if they are shown to be in the best long term interests of the community. (Ord. 1671-89 (part), 1989.)

19.32.210 Mutual safeguards.

A.    The city shall not impose additional zoning code standards to a proposed PRD which has been given preliminary approval, even if code standards have been amended, provided a final development plan is submitted within the original three-year period that the preliminary approval is valid. If the applicant requests an extension of time, the city may impose additional standards to the preliminary PRD approval if such changes are based upon changes to the zoning code or any other ordinances which have occurred since the original PRD approval was granted.

B.    A plan submitted for final approval shall be deemed to be in substantial compliance with the plan given tentative approval, provided any modification by the applicant does not:

1.    Increase the residential density;

2.    Reduce the area set aside for common open space;

3.    Relocate the open space in a manner which makes it less accessible or usable to the residents of the development;

4.    Reduce any of the landscape buffers in width or density of planting between the development and adjoining properties;

5.    Change the point(s) of access to different streets;

6.    Increase the total ground area covered by buildings or other impervious surfaces;

7.    Relocate buildings or impervious surfaces to areas designated as “environmentally sensitive” by the requirements of Sections 19.33D.360 through 19.33D.590 or designated as “critical areas” by the requirements of Chapter 19.37;

8.    Fail to preserve trees or other unique natural features which are required to be preserved by the preliminary PRD approval. (Ord. 1671-89 (part), 1989.)