Chapter 17.38
PLANNED DEVELOPMENT
Sections:
17.38.010 Purpose and description.
17.38.015 Where permitted—Permitted uses.
17.38.020 Protection of critical areas—Provision of on-site recreation.
17.38.050 Project description.
17.38.060 Association documents.
17.38.070 Phased developments.
17.38.080 Required certificates and approval.
17.38.095 Minor adjustments and amendments.
17.38.110 On-site recreation and/or open space design requirements.
17.38.120 Minimum development standards.
17.38.010 Purpose and description.
A. The purpose of a planned development (PD) is to allow a more flexible use of land by encouraging the careful application of design components to achieve the creation of innovative developments and a more efficient utilization of public facilities in exchange for public benefits that achieve comprehensive plan goals. The PD can also be used to protect wetlands, floodways, and other critical areas from development. A planned development is one that:
1. Permits diversity in the location and type of structures;
2. Promotes the efficient use of land by facilitating a more economical arrangement of buildings, streets, utilities, and land use;
3. Preserves as much as possible critical areas and natural landscape features;
4. Reduces development impacts to adjacent neighborhoods through design and mitigation.
B. Designation of a property as a planned development binds the property owners and their successors to the development described and depicted in the application, binding site plan and approval of the PD, and applicable development standards of this chapter. The PD designation confirms the PD is consistent with the purpose of and provisions for planned developments, and the comprehensive plan and provides the standards by which subsequent development permits, including building permits, shall be reviewed. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel or tract recreated pursuant to the binding site plan that depicts the PD.
C. A PD shall be reviewed according to the provisions for a “Type III application” process as described in the Mattawa Municipal Code Title 14 “Development Code Administration,” except as otherwise provided for in this chapter.
D. There are established by this chapter two types of planned developments, as identified below. Unless otherwise specifically stated, all provisions of this chapter shall apply to both types of planned developments.
1. Residential Planned Development (RPD). This is a PD devoted solely to full-time residential uses. It is intended to promote more economical and efficient use of the land, while providing a harmonious variety of housing choices within a single residential project.
2. Mixed Use Planned Development (MUPD). This is a PD that is intended to provide for a variety of different residential, recreational and tourist/resort-related land uses within a single development area. It is intended to promote the mix of these uses in an integrated, coordinated and comprehensively designed development project that offers a high level of urban amenities and preserves the natural and scenic qualities of open spaces and critical areas.
(Ord. 453 § 1(part), 2007).
17.38.015 Where permitted—Permitted uses.
Planned developments, when approved in accordance with all applicable codes and this chapter, are established as a development permit and, as such, do not reclassify the existing zoning district designation.
A. Minimum Project Size. An RPD may be permitted within any residential zoning district located within the Mattawa urban growth area, provided it is consistent with the comprehensive plan and a minimum project size of one acre.
B. Permitted Uses. An RPD may include the following uses, which uses shall be specifically identified and approved in the development permit application review and approval process:
1. A combination of residential dwellings such as single-family attached, single-family detached, modular homes, duplexes, townhouses, and other similar dwellings in accordance with this chapter and the Mattawa Zoning Code;
2. Manufactured homes are also allowed to be part of an RPD; however the placement of manufactured homes shall be specifically included and approved as part of the initial development permit application;
3. Accessory uses specifically designed to meet the needs of the residents of the RPD such as garages, carports, personal and recreational vehicle storage, and other similar noncommercial uses; and
4. Developed recreational facilities for the residents of the RPD, such as clubhouses, tennis or racquetball courts, ball fields, trails, sports fields, spa facilities, horse arenas and riding academies, parks, undeveloped recreational areas, open space areas and other similar-type uses.
C. An MUPD may only be permitted in the commercial-2 district provided it is consistent with the comprehensive plan and provided the minimum project size shall be three acres.
1. An MUPD may include the following uses, which uses shall be specifically identified and approved in the development permit application review and approval process:
a. A combination of residential dwellings such as single-family attached, single-family detached, modular homes, duplexes, townhouses, full-time and time-share condominiums and other similar dwellings in accordance with this chapter and the Mattawa Zoning Code;
b. Accessory uses specifically designed to meet the needs of the residents of the MUPD such as garages, carports, personal and recreational vehicle storage, and other similar noncommercial uses;
c. Developed recreational facilities, such as clubhouses, tennis or racquetball courts, ball fields, trails, sports fields, spa facilities, horse arenas and riding academies, parks, undeveloped recreational areas, open space areas and other similar-type uses;
d. Shared boat docks, launch facilities, and marinas compatible with the purposes of this chapter and the town of Mattawa shoreline master program;
e. Hotels, motels, guest ranches, and other similar resort facilities with a primary focus on visitor accommodations and recreational opportunities that capitalize on the area’s natural environment and amenities; and
f. Accessory uses specifically designed to meet the needs of the users of the MUPD such as resort-related retail sales, micro-breweries, wineries, restaurants and drinking establishments within multi-use buildings, personal services, game, card and arcade rooms, exercise facilities, etc.
(Ord. 453 § 1(part), 2007).
17.38.020 Protection of critical areas—Provision of on-site recreation.
The following standards apply to both an RPD and an MUPD:
A. Where critical areas exist on a site subject to a PD, the benefits derived from the PD, including without limitation decreased lot sizes and increased densities as provided for in this chapter, shall be achieved in exchange for a dedicated protection of another portion of the property containing critical areas; provided that:
1. The critical areas to be protected are dedicated in perpetuity, and all future rights for development are traded in exchange for the rights to derive benefits from the PD process; and
2. Land protected by trading development density shall be protected from encroachment and maintained free of fill material, building and construction wastes, yard wastes and other debris that would diminish the property characteristics that the dedication was intended to protect. Any use of the critical areas on-site shall be governed by the Mattawa Critical Areas Code, Chapter 17.10
3. Where critical areas within the development account for less than twenty-five percent of the overall area of the development, additional on-site recreation and open space areas, as provided for in this chapter and in the applicable zoning code provisions, shall be provided in addition to retention of critical areas in an amount that achieves a total area in critical areas/open space/on-site recreation use of at least twenty-five percent.
B. Where no critical areas exist on a site subject to a PD, the benefits derived from the PD, including without limitation decreased lot sizes and increased densities as provided for in this chapter, shall be achieved in part, in exchange for a dedication of another portion of the property as on-site recreation and/or open space areas, consistent with the provisions of this chapter and other applicable sections of the zoning code, that total at least twenty-five percent of the overall development; provided that:
1. The on-site recreation may include a combination of natural areas, parks, landscaped areas, trails, and/or visual corridors, provided that a minimum of ten thousand square feet or sixty percent of the on-site recreation, whichever is greater, is contiguous usable space;
2. The on-site recreation area/areas are dedicated in perpetuity, and all future rights for development are traded in exchange for the rights to derive benefits from the PD process.
(Ord. 453 § 1(part), 2007).
17.38.025 Dedicated lands.
All lands dedicated for the preservation of critical areas, creation of open space or establishment of recreation facilities shall be protected in perpetuity by recorded covenants, approved by the town, which restrict uses to only those specified in the approved planned development site plan and provide for the maintenance of the open space in a manner which assures its continuing use for the intended purpose. Dedicated open space may be held in common interest by all of the property owners within the planned development, a public or private entity empowered to manage and maintain the open space, or by other appropriate legal measures that ensure the continuation of the open space/recreation areas. Perpetual restrictions shall be placed upon the title to all dedicated areas and on the face of the binding site plan indicating that:
A. All land uses and development shall be limited to the stated purpose of the dedicated property;
B. If the open space/recreation areas are held in common interest by all of the property owners within the planned development, then all property owners within the planned development shall be mutually responsible for the maintenance and preservation of the dedicated lands;
C. That dedicated lands shall be maintained free of any liens or encumbrances that could interfere with the stated purpose of the dedication.
(Ord. 453 § 1(part), 2007).
17.38.035 Density credits.
The following standards apply to both an RPD and an MUPD:
A. The maximum number of dwelling units permitted per acre for a PD shall be determined by utilizing the maximum density levels established by the comprehensive plan and zoning regulations, and the amount of public benefit or design elements provided within the proposed development.
B. Additional density shall be achieved by incorporating at least eleven of the following twenty items into the design and construction of the PD:
1. The applicant shall use a design/ development team that at a minimum consists of a licensed architect, engineer, surveyor, landscape architect, and licensed building contractor throughout the design and construction phases of the project.
2. On-site stormwater drainage retention facilities are integrated as usable recreation areas with a slope ratio not exceeding four units horizontal to one unit vertical.
3. Where a PD is proposed along an existing transit route, transit stops and the construction of shelters, pull-outs and other associated transit systems shall be integrated into the project.
4. Trees shall be planted adjacent and along the entire frontage of public and/or private street rights-of-way on the property being developed. Planting areas shall be a minimum of five feet in width and consist of a minimum of sixty percent deciduous trees at least four feet high at the time of planting on no greater than fifty-foot centers. Suitable groundcover including grasses and/or low-growing shrubs to complement the trees shall also be provided.
5. At least two covered parking spaces shall be provided for all residential dwelling units. Covered parking shall be in the form of carports, garages, or above/below ground parking garages.
6. Where a proposed PD consists of more than ten units, parking areas that are kept small (ten to twenty spaces) in any group and interspersed with landscaping, recreation features, structures, or other similar uses when applicable.
7. Provisions shall be made for bicycle, pedestrian and/or natural trail systems, the majority of which are physically and functionally separated from motor vehicle traffic by a distance of ten feet or more. Separation may include such features as landscaping, undulated berms, natural features, topography, open space, or other similar features. Trail systems shall encompass the entire development and may be incorporated as part of the on-site recreation required. The trail system components shall connect all public open space, drainage ways, shoreline areas and other trail systems designated in the comprehensive plan. Trail system components shall be a minimum of eight feet wide and improved with an all-weather surface suitable for the type of trail proposed.
8. Natural drainage ways shall be incorporated into the overall PD design and left undisturbed or enhanced with native ornamental landscaping when applicable.
9. Significant existing natural features shall be maintained on the site, including without limitation, topography, significant tree stands, or particularly noteworthy trees, view points or other important natural features found on-site.
10. The PD project shall contain a facility for a child day care center, pursuant to applicable provisions of the Mattawa Zoning Code. The day care facility shall be of sufficient size to serve the projected demand for such services generated by the project.
11. Significant recreational areas shall be developed and equipped with such features as swimming pools, tennis courts, commercial grade playground equipment, community center or other significant features.
12. At least twenty-five percent of the site shall incorporate duplex, multifamily or zero-lot-line dwelling units.
13. Where a proposed PD incorporates the development of duplexes, multifamily units and zero-lot-line lots, disperse their locations throughout the PD.
14. Solar design and access considerations shall be incorporated into the design of the development and proposed buildings. This may include using topographical features of the development, siting criteria for structures, or specific structure design requirements for solar use.
15. Accessory features such as benches, trash cans, tables and other similar attributes to enhance the character of the open space or other features shall be provided in the development. This shall not include primary garbage disposal areas. Trash cans shall be forty-two inches high with a total radius of two feet or less. The accessory features shall be consistent to the overall design of the development.
16. An area shall be designated and developed with each PD phase for the storage of personal property and/or recreation vehicle storage. Storage areas shall be sized and designed for the sole use by the residents within the development. Common features shall include perimeter landscaping to screen them from view, accessibility to all residents, minimal lighting, and similar architectural features as the proposed residential structures. Signs for advertising purposes are prohibited.
17. Pedestrian access, open space and recreation amenities shall be provided and incorporated into the PD, when the PD adjoins cultural/historical sites or water bodies such as ponds, creeks, rivers or lakes, when applicable.
18. Landscape decks/garden porches shall be incorporated into the design of all duplexes and multifamily units.
19. The PD shall be a secured, gated community.
20. The PD shall incorporate some other unique site and/or design features not listed above that distinguish it from a typical subdivision. The hearing authority shall determine the applicability and appropriateness of this provision during the review process for each PD.
C. In no case shall the overall density of the PD exceed the following:
1. Eight units per acre in R-1;
2. Fourteen units per acre in R-2;
3. Eight units per acre in C-2;
4. Where allowed by the particular zoning district, the density of a manufactured home park shall not exceed six units per acre.
(Ord. 453 § 1(part), 2007).
17.38.040 Binding site plan.
A binding site plan is required for all PDs and shall include the following:
A. All information required on a preliminary plat;
B. The location of all existing and proposed structures;
C. A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation landscaping structures to be installed, the type of vegetation by common name and/or taxonomic designation, the installed and mature height of all vegetation;
D. Schematic plans and elevations of proposed building(s) with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs and accessory structures;
E. Utility, street and storm water drainage plans that indicate the facilities, lay-out and capacities necessary to serve the entire PD;
F. Inscriptions or attachments setting forth the limitations and conditions of development; and
G. The provisions ensuring the development will be in conformance with the site plan.
(Ord. 453 § 1(part), 2007).
17.38.050 Project description.
A detailed written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the PD, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the PD shall be submitted with the binding site plan.
(Ord. 453 § 1(part), 2007).
17.38.060 Association documents.
An outline of the documents of the owners’ association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the PD shall be submitted with the binding site plan if applicable to the development. PD covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The town may require that it be a third party beneficiary of certain covenants with the right but not obligation to enforce the same.
(Ord. 453 § 1(part), 2007).
17.38.070 Phased developments.
If a PD is planned to be completed in more than two years from the date of site plan approval, the PD will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur. The binding site plan for each phase shall be approved separately through a “Type II application” process pursuant to the “Mattawa Permit Review Procedures,” Title 14, and shall be consistent with all provisions of the PD.
(Ord. 453 § 1(part), 2007).
17.38.080 Required certificates and approval.
Recording a binding site plan shall include all of the certificates required for a final plat.
(Ord. 453 § 1(part), 2007).
17.38.090 Recording required.
A binding site plan of a PD and accompanying documents, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval, shall be recorded by the Grant County auditor.
(Ord. 453 § 1(part), 2007).
17.38.095 Minor adjustments and amendments.
A. Minor adjustments to an approved PD shall be reviewed according to the provisions for a Type II permit as provided for in Mattawa Title 14 “Permit Review Procedures.” “Minor adjustments” are characterized by those which may affect the precise dimensions, siting of buildings or lot lines, but which do not: affect the type, character and/or architectural style of buildings, increase the total amount of building floor area; increase the number of dwelling units, decrease or substantially change the location of required buffers; decrease the amount of required parking; decrease on-site recreation or open space areas and/or increase the number of points of ingress and egress to the site.
B. Modifications that exceed the conditions of a PD approval, are inconsistent with the intent of the approved PD, and/or are not “minor adjustments,” as determined by the town, shall be considered a request for a major revision to the PD and shall be reviewed and approved in accordance with the procedures of this chapter as a new application. The new application shall be reviewed according to the applicable regulations in effect at the time of new application.
(Ord. 453 § 1(part), 2007).
17.38.100 Expiration.
A binding site plan for a PD expires unless final approval is obtained from the town and recorded by the Grant County auditor within two years from the date of approval. For a PD that includes phases as permitted by this chapter, the PD shall expire unless final approval is obtained for the first phase from the town, with subsequent phases falling within the identified phasing schedule, and recorded by the Grant County auditor within two years from the date of approval. Minor revisions to the phasing schedule of a PD that has not expired pursuant to this section may be granted by the town provided the schedule is consistent with the overall timeframe anticipated for build-out of the PD. An applicant who files a written request with the town within thirty days before the expiration date shall be granted a one year extension upon a showing of a good faith effort to file the site plan.
(Ord. 453 § 1(part), 2007).
17.38.110 On-site recreation and/or open space design requirements.
The following are minimum design requirements for PDs that incorporate on-site recreation and/or open space:
A. The following areas shall not be calculated in whole or in part as a portion of the required on-site recreation or open space:
1. Public and/or private streets, parking lots and storm drainage, except as specifically enumerated within this chapter;
2. Slopes in excess of forty-five percent, geologically hazardous areas, water bodies, and/or submerged or marshy/boggy land, except that these areas may be used to satisfy a maximum of fifty percent of the open space requirements.
B. The location, shape, size and character of the open space shall be configured appropriate to the scale and character of the planned density, expected population, and topography of the area. On-site recreation areas shall be centrally located in the development and designed for active and passive recreation unless otherwise approved by the hearing authority.
C. A minimum of sixty percent of the on-site recreation or open space shall be concentrated and/or connected into large usable areas. The remaining forty percent may be designated as buffers, entry features, recreation facilities, streetscape, and/or used for a natural trail system or other uses approved by the hearing authority.
D. On-site recreation areas or open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PD, provided that the building coverage of such buildings or structures shall not exceed fifty percent of the minimum on-site recreation or open space required.
E. At least sixty percent of the on-site recreation area or open space required shall be reasonably level to accommodate active recreational uses with slopes no greater than fifteen percent. On-site recreation areas shall be located on a public or private street with a minimum frontage width of thirty feet if the site is two acres or less in size and sixty feet of frontage width for areas larger than two acres.
(Ord. 453 § 1(part), 2007).
17.38.120 Minimum development standards.
Within an RPD and an MUPD, the following minimum standards shall apply:
A. Yard, Setback, and Width Requirements. The minimum yard, setback, and width requirements otherwise applying to the development in the zoning district may be modified from the standards of the district, provided:
1. The minimum front, side and rear yard requirement on the exterior boundaries of the proposed PD shall not be less than twenty feet and the minimum front yard setback within the interior of the PD shall not be less than fifteen feet. Interior yards and setbacks shall be as approved on the PD binding site plan and each development will be reviewed to ensure adequate provision of light, air and life safety for all structures.
2. All buildings that are not attached or do not have common walls shall be separated by a minimum distance of ten feet.
3. Each lot utilized for residential purposes shall have a minimum width of not less than thirty feet on an interior public or private street. Lots located on an exterior perimeter street shall comply with the normal minimum lot width of the district.
B. Minimum Lot Size. The minimum lot size within a PD may be modified from the normal standards of the district, and reduced by thirty-five percent of the district requirement unless located on an exterior perimeter street. Lots located on the exterior perimeter boundary or along an exterior street of the PD shall be reduced by not less than ten percent of the normal minimum lot size requirement of the zoning district. Regardless of reduced minimum lot sizes, at no time shall the overall density of the development exceed the maximum densities identified in this chapter.
C. Maximum Lot Coverage. The maximum lot coverage may be increased by twenty-five percent of the normal district requirement.
D. Maximum Building Height. The maximum building height within a PD shall be the same as permitted in the district. The maximum building height within a MUPD shall be proposed and approved during the review and approval process, but in no case shall building heights exceed sixty feet. Whenever possible, development of the PD shall be designed to maximize views for each dwelling unit and to ensure that the views of surrounding properties have been considered.
E. Landscaping. Landscaping shall be required at entries into a PD, for on-site recreation areas and facilities, and in conjunction with multifamily complexes. Natural landscape features including existing trees, shrubs and ground cover, drainage ways, rock outcroppings, and slopes shall be preserved to the greatest extent possible.
F. Buffer. A buffer shall be required when a PD has a density and/or intensity greater than that allowed within the applicable zoning district. The buffer shall include a combination of additional landscaping, fencing, increased setbacks and/or other alternatives that mitigate impacts to adjacent properties.
G. Parking Requirements. Parking shall be provided in the same ratio as required for the district and shall meet the minimum provisions established in Chapter 17.46 of the Mattawa Zoning Code and the following:
1. For each ten multifamily dwelling units, four additional parking spaces shall be required for visitor parking when on-street parking is unavailable. Special considerations may be given to low traffic generators such as senior citizen or assisted living housing.
2. Additional parking/storage areas shall be required for recreational vehicles (RVs) such as campers, boats, trail bikes, motor homes and other similar vehicles unless these types of vehicles are precluded by the developer in the form of covenants or other restrictions, approved by the director. When thirty or more dwelling units are proposed, one parking space shall be provided for every ten dwelling units. The size of the parking/storage area shall be based on the following:
a. Parking/storage stalls: minimum of ten feet wide by twenty-eight feet long;
b. Access driveway: minimum of thirty feet in width;
c. Parking/storage lot: The minimum area requirement for each space, together with access and maneuvering area shall not be less than seven hundred square feet.
H. Special Areas. A PD that is adjacent to any lake, river, drainage or other waterway shall provide pedestrian or vehicular access in accordance with the Mattawa Critical Areas Code, Chapter 17.10
I. Flexible Standards. A PD may allow development standards different from those imposed under the Mattawa Zoning Code, except as provided in the applicable district in relation to permitted uses and provided a clear description of the approved development standards is provided with the binding site plan that is recorded pursuant to Section 17.38.090. Any approved development standards that differ from that otherwise required by the city shall not require any further zoning district reclassification, variance from the Mattawa Zoning Code or other city approval apart from the PD and any subsequent, associated construction plan approvals. The development standards as approved through the PD shall apply to and govern the development and implementation of each PD site in lieu of any conflicting or different standards or requirements elsewhere in the city’s zoning code.
(Ord. 453 § 1(part), 2007).