Chapter 17.38
PLANNED DEVELOPMENT (PD) DISTRICT
Sections:
17.38.020 Master plan defined.
17.38.050 Application requirements.
17.38.060 Permit decision and appeal process.
17.38.070 Review and approval criteria.
17.38.080 Permit revision and modification.
17.38.010 Purpose.
The planned development (PD) district acknowledges that certain tracts of land in the northwest section of the city have development potential that may be constrained by environmental conditions. Specifically, the area’s steep topography, presence of a wetland environment, and its proximity to the Hylebos Creek drainage basin present planning concerns for the site that are not adequately addressed without further environmental review. The purpose of this zoning designation is to allow for the future development of that land in a manner which is consistent with the goals of the comprehensive plan, without immediately performing costly studies that may be outdated by the time the land is proposed for development. (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1405 § 2, 1999).
17.38.020 Master plan defined.
For the purposes of this chapter, a master plan is defined as a plan showing the proposed development of a parcel or parcels of land totaling not less than two acres. (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1696 § 1, 2007; Ord. 1405 § 2, 1999. Formerly 17.38.040).
17.38.030 Authorized uses.
A. Master plan authorized uses in this zone may include any use allowed in any zoning district as an authorized use, a conditional use, or a special use.
B. Without the submittal of a master plan, authorized uses are limited to detached single-family dwellings on lots of record existing as of the date of adoption of the ordinance codified in this chapter or the following uses, pursuant to the provisions set forth in Chapter 17.42 MMC (Special Uses):
1. Surface mining;
2. Yard waste recycling;
3. Concrete crushing; and
4. Public utility facilities.
C. Without the submittal of a master plan, parking lots are allowed as a special use pursuant to the provisions of Chapter 17.42 MMC (Special Uses).
Landscaping requirements do not apply to temporary parking lots.
Parking lots shall be authorized for one three-year period with the right to a two-year extension if impacts have not increased in that three-year period. (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1626 § 1, 2004; Ord. 1578 § 3, 2003; Ord. 1553 § 2, 2002; Ord. 1405 § 2, 1999. Formerly 17.38.020).
17.38.040 Bulk regulations.
A. Density, height, setback and other restrictions shall be applied in a manner consistent with the regulations found in other sections of this chapter for the uses proposed.
B. Increased setbacks and buffers may be required to provide adequate protection between differing land uses. (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1405 § 2, 1999. Formerly 17.38.030).
17.38.050 Application requirements.
The applicant must provide application materials as required in Chapter 17.70 MMC (Application Requirements). (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1405 § 2, 1999).
17.38.060 Permit decision and appeal process.
Each application for a proposed planned development or an appeal of a decision regarding a planned development is subject to the procedures of a Process Type V decision pursuant to the applicable provisions of Chapter 17.71 MMC (Permit Decision and Appeal Processes). (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009; Ord. 1405 § 2, 1999).
17.38.070 Review and approval criteria.
The city shall consider the following review requirements as part of the approval of a master plan application:
A. The city’s comprehensive plan.
B. The policies set forth in the state’s Growth Management Act.
C. The requirements of the State Environmental Policy Act (SEPA).
D. There shall be a demonstrated need for the master plan within the community at large which shall not be contrary to the public interest.
E. The master plan shall be located, planned, and developed in such a manner that all uses shall not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in it or the persons residing or working in the community.
F. The site is of adequate size to accommodate the proposed uses, including, but not limited to, parking, traffic circulation, and buffers from adjacent properties.
G. Adequate landscaping, screening, yard setbacks, open spaces, or other design elements necessary to mitigate the impact of the planned development master plan upon neighboring properties shall be provided.
H. All external illumination is designed to face inward, so that impact to adjacent properties is mitigated to the greatest extent practicable.
I. Parking areas are designed to assure that headlight glare from internal traffic does not affect motorists on adjoining streets.
J. On-site drainage is designed to assure that post-construction drainage has no greater impact on downstream properties than preconstruction drainage.
K. The proposed access to the site must be adequate considering traffic safety and existing street conditions.
L. There is adequate sight distance at each proposed point of access to the site to assure traffic safety.
M. The applicant must demonstrate and the hearing examiner must find that the noise generated by the proposed use shall not exceed the maximum permissible noise levels set forth in Chapter 173-60 WAC and shall not be an increase of more than five dBA above the ambient noise level. The ambient noise level shall be measured using the 15-hour period from 7:00 a.m. to 10:00 p.m. instead of using a 24-hour period.
N. The generation of noise, noxious or offensive emissions or odors, or other nuisances which may be injurious or detrimental to the community must be mitigated to the greatest extent practicable.
O. Availability of adequate infrastructure as required for subdivisions.
P. Parking lots associated with a master plan shall be subject to the following standards:
1. To the extent necessary to preserve public safety and prevent crime, parking lots shall be fenced to limit access and lighted to improve visibility.
2. Parking lot owners shall provide a plan to ensure adequate maintenance of parking lots. The parking lot owner shall also post security or have an ongoing owners’ association or equivalent to cover the cost of implementing the plan.
Q. Standards.
1. Maximum building site coverage: 50 percent.
2. Minimum structural setback: 25 feet.
3. The operation of the planned development shall be effectively screened from view by using a solid screen six feet high. Screening may include fences, walls, vegetation, berms with vegetation, combinations of these, or other methods, all of which must provide a permanent solid screen barrier to visibility from rights-of-way and adjacent and nearby properties. Vegetation used for screening must be of sizes, types, numbers, and siting adequate to achieve 100 percent opacity within three years. All vegetation used for screening shall be maintained in a healthy condition. Vegetation used for screening that dies shall be replaced within six months. Native vegetation shall be emphasized for replanting in screening areas if feasible. Vegetation for screening may include preserved native vegetation that meets the aforementioned requirements. Vegetation planted within low impact development facilities may count towards site screening requirements. Fences and walls over six feet high, which may be required to screen the use from adjacent properties, shall require a building permit and shall maintain the setback required in these criteria. (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009).
17.38.080 Permit revision and modification.
Revisions to an approved master plan shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification). (Ord. 1912 § 1, 2017; Ord. 1741 § 20, 2009).