Chapter 16.12


16.12.010    Applicability.

16.12.020    Purpose.

16.12.030    Minimum size.

16.12.040    Permitted modifications.

16.12.050    Permitted residential density.

16.12.060    Required open space and recreation facilities.

16.12.070    Multiple residential zones.

16.12.080    Binding site plan submittal requirements.

16.12.090    Project description.

16.12.100    Association documents.

16.12.110    Phased developments.

16.12.120    Required certificates and approval.

16.12.125    Review and approval of planned area developments.

16.12.130    Recording required.

16.12.140    Time limits.

Legislative history: Ords. 86-142 and 97-406.

16.12.010 Applicability.

A. A planned area development is an alternate form of development regulation which allows for a more flexible method of developing land.

B. There are two types of planned area developments:

1. Planned residential developments (PRD) are permitted on lands zoned for residential use or residential developments in nonresidential zone districts that permit residential uses.

2. Planned commercial/industrial developments (PCID) are permitted on lands zoned for commercial or business park uses.

C. Binding site plans are required for all planned area developments including but not limited to commercial, industrial, multi-family, condominium, senior housing and retirement centers, congregate care and nursing homes. Binding site plans are not required for planned residential developments approved in conjunction with a preliminary plat. (Ord. 2009-702 § 2 (Exh. C))

16.12.020 Purpose.

The purpose of this chapter includes but is not limited to the following:

A. To allow for creative development equal to or superior to traditional lot-by-lot development.

B. To preserve open space, natural vegetation, watercourses, wetlands, historic buildings and places, and other community values.

C. To provide more efficient street and utility systems and retain existing vegetation by clustering buildings.

D. To provide for a variety of housing types in one development with architectural design compatibility.

E. To provide integrated landscape development.

F. To provide for the integration of new development into the existing community while protecting and preserving the values of the surrounding neighborhood.

G. To provide for the site planning and regulation of nonresidential sites not requiring a subdivision for development.

H. To manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic conditions.

I. To minimize impervious surfaces and effective impervious surfaces.

J. To require infiltration as a preferred method of stormwater drainage, when feasible.

K. To encourage development of residential environments that are harmonious with on-site and off-site natural and built environments.

L. To further the goals and the implementation of the policies of the comprehensive land use plan. (Ord. 2017-814 § 2; Ord. 2009-702 § 2 (Exh. C))

16.12.030 Minimum size.

Planned commercial/industrial developments may be located on lots of any size. Planned residential developments may be located on a minimum of two and one-half acres in any zone. Planned residential developments on less than two and one-half acres may be approved, provided the developer can demonstrate the preservation of a significant natural feature or amenity by the use of the planned area development process. (Ord. 2009-702 § 2 (Exh. C))

16.12.040 Permitted modifications.

All zoning and subdivision requirements may be modified in a planned area development in the interest of the expressed purposes above except:

A. Permitted uses;

B. Street setbacks on exterior streets in residential zones;

C. Surveying standards;

D. Engineering design and construction standards of public improvements but not including street right-of-way width; and

E. Roadway buffer/cutting preserves consistent with the streetscape element of the comprehensive plan. (Ord. 2009-702 § 2 (Exh. C))

16.12.050 Permitted residential density.

The number of dwelling units permitted in a planned residential development shall not exceed the density of the comprehensive plan land use designation and the zone district in which the project is located. The permitted density shall be computed as follows:

A. Determine the Net Development Area. Subtract from the gross site area all unbuildable land, publicly owned land, commercial and industrial land area and the actual percentage of the gross area devoted to the street system up to a maximum of 20 percent of the gross site area.

B. Determine the Density. Divide the net development area by the minimum lot size of the zone district or multiply by the number of multi-family dwelling units per acre permitted in multi-family zone districts. (Ord. 2009-702 § 2 (Exh. C))

16.12.060 Required open space and recreation facilities.

A. In planned residential developments, open space and community recreation facilities shall be provided pursuant to MCMC 17.22.060. Upon approval of the hearing examiner, unbuildable land may be considered for inclusion in the required open space land upon a showing that such lands can and will be used for specified recreational or community purposes.

B. In planned commercial/industrial developments, street setbacks may be modified; provided, that equivalent open space is provided on the site. (Ord. 2013-761 § 3; Ord. 2009-702 § 2 (Exh. C))

16.12.070 Multiple residential zones.

If a planned residential development is proposed within two or more residential zones, the maximum number of dwelling units will be the total allowed in each zone combined. (Ord. 2009-702 § 2 (Exh. C))

16.12.080 Binding site plan submittal requirements.

A binding site plan shall include:

A. All information required on a preliminary plat under Chapter 16.04 MCMC;

B. The location of all proposed structures;

C. A general landscape plan indicating the location of existing vegetation to be retained, location of vegetation and landscaping structures to be installed, and the type of vegetation by common name;

D. Inscriptions or attachments setting forth the limitations and conditions of development; and

E. The provisions ensuring the development will be in conformance with the site plan. (Ord. 2009-702 § 2 (Exh. C))

16.12.090 Project description.

A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of planned area developments, 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 planned area development shall be submitted with the binding site plan. (Ord. 2009-702 § 2 (Exh. C))

16.12.100 Association documents.

An outline of the documents of the owners’ association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the planned area development shall be submitted with the binding site plan. Planned area development 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 city may require that it be a third party beneficiary of certain covenants with the right but not obligation to enforce the same. (Ord. 2009-702 § 2 (Exh. C))

16.12.110 Phased developments.

If a planned area development is planned to be completed in phases, the site plan for each phase may be approved separately; provided, that an overall site plan is approved, that accesses and future connections with adjacent properties where applicable are approved, that utilities necessary to serve the site are installed, and required frontage improvements are constructed concurrent with each phase of development. In addition, utilities shall be extended to the boundaries of each phase of development. (Ord. 2009-702 § 2 (Exh. C))

16.12.120 Required certificates and approval.

Binding site plans shall include all of the certificates required for a final plat under Chapter 16.04 MCMC. (Ord. 2009-702 § 2 (Exh. C))

16.12.125 Review and approval of planned area developments.

A. Planned area developments shall be reviewed and final decisions made in accordance with the procedures in MCMC Title 14.

B. In the event the hearing examiner’s jurisdiction is invoked for review of a planned area development, including any major amendment or modification, and in addition to other findings required by the code, the examiner shall not approve the planned area development unless the examiner finds:

1. The site plan and design is in conformance with zoning standards and regulations.

2. The site plan and design is in conformance with critical areas standards and regulations.

3. The locations of (a) buildings, structures and site facilities; (b) open spaces, recreation, and landscaping; and (c) pedestrian, bicycle and vehicular circulation systems, are adequate, safe, and efficient.

4. The site plan will be served by adequate infrastructure.

5. A prima facie case of adequacy as required by these criteria shall be established upon a written staff assessment and determination that the proposed site plan conforms to applicable development standards and regulations. (Ord. 2018-830 § 15)

16.12.130 Recording required.

A binding site plan of a planned area development 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 applicant with the Snohomish County auditor within 30 days of final approval and prior to issuance of a certificate of occupancy. (Ord. 2014-776 § 4; Ord. 2009-702 § 2 (Exh. C))

16.12.140 Time limits.

A binding site plan issued under this chapter shall expire and become void unless site improvements are substantially implemented within seven years of approval. The applicant may request one and only one extension of time before the expiration date. Such request shall be in writing, shall be filed with the director not less than 30 days before the expiration date, and shall contain a concise explanation of the reason for and requested duration of the extension. If a timely request is made, the director shall grant one extension of time of up to one year past the original expiration date. (Ord. 2013-762 § 9; Ord. 2010-717 § 2 (Exh. B); Ord. 2009-702 § 2 (Exh. C))