Chapter 17.08
PLANNED DEVELOPMENTS
Sections:
17.08.050 Preliminary proposal.
17.08.080 Simultaneous processing with proposed subdivisions and annexations.
Prior legislation: Ord. 677.
17.08.010 Purpose.
The purpose of this chapter shall be to provide an alternative to the layout and design of new developments within specified land use zones that is different from the layout and design otherwise permissible in such zones. This alternative is provided to permit:
A. The preservation of natural amenities such as trees, streams, steep slopes, wetlands, etc.;
B. The conservation of open spaces by clustering structures; and
C. The provision of efficient street and utility systems by clustering structures within a prescribed development area. [Ord. 922 §1, 2014].
17.08.020 Overlay zone.
A final development plan approved pursuant to the procedures and standards set forth in this chapter shall act as an overlay zone, overlying the existing land use zone in which the development will be located. [Ord. 922 §1, 2014].
17.08.030 Where permitted.
Planned developments standards and procedures may be applied only to the development of vacant, undeveloped parcels consisting of five or more acres. [Ord. 922 §1, 2014].
17.08.040 Required standards.
A planned development must meet all of the following standards:
A. The uses in the development shall be limited to those uses permitted as principal, accessory, or conditional uses in the underlying land use zone in which the development is located.
B. The planned development must comply with the comprehensive plan adopted by the city of Palouse.
C. The planned development must provide a public benefit as the result of any deviation from the regulations otherwise applicable in the underlying land use zone in which the development is located. The burden of demonstrating the public benefit shall be upon the developer applying for approval of the planned development. The public benefit may be provided through the use of open space, conservation of natural amenities, development of public facilities, or other benefits to the public.
D. Restrictions that apply to individual lots in the underlying land use zone (e.g., setbacks, lot coverage, lot size, etc.) shall apply to the overall planned development, but not necessarily to each individual lot within the development.
E. In addition to the requirement provided in subsection (D) of this section that setbacks on the perimeter of the development must meet the setbacks required for other property within the underlying land use zone, the developer shall provide a 50-foot buffer area with no structures other than fences between the development and any adjacent areas zoned for agricultural use.
F. Throughout the planned development, a pedestrian pathway system providing safe pedestrian routes to public access areas such as schools, open spaces, parks, community centers, and shopping areas must be installed by the developer at the developer’s expense.
G. The city may require a set aside of up to 15 percent of the total land area within the planned development for permanent, usable open spaces if the city determines that the open space set aside is reasonably necessary as a direct result of the proposed planned development or reasonably necessary to mitigate a direct impact that is a consequence of the proposed planned development.
H. The development shall comply with the same requirements and standards for public utilities as set forth in PMC 18.04.060.
I. Rights-of-way for streets, alleys, and pedestrian walkways abutting and within the development shall be dedicated as public ways and conveyed to the city as such.
J. The development shall comply with the same requirements and standards for fire hydrants as set forth in PMC 18.04.060(J).
K. No planned development shall be approved that will require more water supply or sanitary sewer treatment than is available through the city’s then-existing systems; provided, the developer may construct facilities acceptable to the city to provide such additional water supply or sewer treatment capacity as may be required to accommodate the demands the development will place on the existing water supply and sewer treatment systems; provided further, the city may require the construction of such facilities before the planned development is approved.
L. All stormwater and runoff shall be controlled and contained within the development.
M. All streets, sidewalks, curbs, and street lighting within the development shall meet the minimum standards for streets, sidewalks, curbs and street lighting as set forth in PMC 18.04.040.
N. If the land within the proposed planned development will be divided and owned by more than one person, firm, or corporation, then the proposed development shall be subject to, and must comply with, all requirements and procedures for subdivisions as set forth in Chapter 18.04 PMC (Short Plats and Subdivisions); provided, any requirements and standards for subdivisions as set forth in PMC 18.04.050 and 18.04.060 shall not apply to any subdivision included wholly within a planned development to the extent that such requirements and standards are inconsistent with the requirements and standards set forth in this chapter.
In addition to the above requirements and standards, the city may impose such other requirements and standards as it may determine are reasonable and necessary to comply with the intent of the comprehensive plan, promote appropriate uses of land, provide adequate open spaces and safe vehicle and pedestrian circulation, protect the public welfare, and buffer adjacent areas from the effects of the proposed planned development. These additional requirements and standards may include, but are not limited to, restrictions on the diversity of the overall development, screening and landscaping, development setbacks from adjacent properties, access routes and other requirements designed to prevent adverse effects on adjacent properties, the neighborhood, or the general public. [Ord. 922 §1, 2014].
17.08.050 Preliminary proposal.
A. The review and approval process for a planned development shall involve a two-step process. The first step in the process shall include the review of a preliminary proposal, and the second step shall involve the consideration of a final plan. An application for a planned development shall be initiated by the developer’s submission of a preliminary proposal to the planning commission for review. The preliminary proposal shall consist of:
1. A preliminary site plan for the development. The site plan shall clearly provide the following information:
a. The boundaries of the proposed development;
b. All existing and proposed structures and uses; and
c. Any special geographic or environmental conditions relevant to the development (e.g., steep slopes, wetlands, flood plains, etc.).
2. A vicinity map that shows the location within the city of Palouse of the proposed planned development, proposed public infrastructure, existing public streets, water mains, sewer mains, buildings, and uses within 600 feet of the proposed development.
3. A legal description of the land, and a development time schedule.
4. The names and addresses of landowners within 300 feet of the boundaries of the development.
5. A completed environmental checklist in the form and manner prescribed in PMC 11.01.020 (WAC 197-11-315 and 197-11-960).
B. Within 30 days after a completed preliminary proposal has been submitted to the planning commission, the planning commission shall hold a public hearing to obtain comments on the proposed planned development. Notice of the hearing shall be as provided in PMC 17.04.100(D).
C. Within 30 days after the date of the public hearing on the proposed planned development, the planning commission shall decide on its recommendation to the city council for the approval, approval subject to conditions, or rejection of the preliminary proposal for the proposed planned development. The commission shall issue written findings of fact to support its recommendations. The commission shall base its recommendations on: (1) the standards for planned developments as set forth in PMC 17.08.040; (2) the comprehensive plan adopted by the city of Palouse; (3) the public interest to be served by the proposed planned development; (4) the compatibility that existing land uses within the vicinity of the planned development will have with the planned development; (5) the adequacy of the provisions in the planned development to meet the needs of the public health, safety, and welfare; and (6) the ability and resources of the city to provide services (e.g., water, sewer, police, fire, etc.) to meet the demands of the planned development.
D. Within 60 days after receipt of the planning commission’s recommendations and findings regarding the preliminary proposal, the city council shall consider and decide whether to approve the preliminary proposal (including any dedications included in it), approve it subject to certain conditions, or reject it. [Ord. 922 §1, 2014].
17.08.060 Final plan.
A. A final development plan shall be submitted to the city council within 12 months after the date of the city council’s approval of a preliminary proposal for a planned development. If a final development plan is not submitted within 12 months after the date of approval, the application for the proposed planned development shall lapse and become null and void.
B. The final development plan for a planned development shall include:
1. The information required for the preliminary proposal;
2. A final site and landscaping plan with elevation contours at five-foot intervals;
3. If a complete environmental review is required under Chapter 11.01 PMC, a preliminary draft environmental impact statement shall be prepared by the developer and submitted with the final development plan;
4. A proposed schedule for completing public improvements that may be part of the plan or otherwise may have been required as a condition of the approval of the preliminary proposal; and
5. Such other information as may be reasonably necessary to describe the land, the proposed development, and compliance with any conditions set forth in the city council’s approval of the preliminary proposal.
C. As a condition of approval of any final development plan for a planned development, all public improvements shall be installed or the developer shall provide a performance bond or alternative security acceptable to the city to ensure that all such improvements will be installed within a schedule acceptable to the city council. As a condition of any final plan, the city shall require the subdivider to reimburse the city for its actual costs for publishing legal notices, postage, document preparation, or engineering or consultant fees incurred in conjunction with the review of the preliminary proposal or final plan.
D. Within 30 days after the city council has received all documents required for review and approval of the final development plan, the council shall review the final development plan to determine whether it complies with the requirements of any provisions of the Palouse Municipal Code which may be applicable, and whether all conditions imposed by the city council as a condition of approval of the preliminary plan have been met. If all such requirements and conditions have been met, the city council shall approve the final development plan. Otherwise, the city council may either reject the final development plan, or return it to the developer for corrective action. If the final development plan is returned to the developer for corrective action, such action shall be completed within a reasonable time period specified by the city council.
E. The approval of a final development plan shall lapse if substantial construction of the infrastructure in the planned development has not been completed within 24 months of the city council’s approval of the final development plan. [Ord. 922 §1, 2014].
17.08.070 Application fees.
Any developer submitting a preliminary plan to the planning commission for consideration of a proposed planned development shall pay an application fee to the city clerk-treasurer at the time the preliminary plan is submitted. The application fee shall be as fixed from time to time upon resolution of the city council. In absence of such resolution, the application fee shall be according to the current fee schedule set by the city council. [Ord. 922 §1, 2014].
17.08.080 Simultaneous processing with proposed subdivisions and annexations.
Nothing in this chapter shall prevent the processing and review of any proposal for a planned development simultaneously with the processing and review of a proposed annexation and/or subdivision application for the proposed development area. This includes requests for zoning changes, zoning variance, conditional use permits, or other land use matters relevant to the proposed development. [Ord. 922 §1, 2014].