Chapter 17.67
PLANNED DEVELOPMENT DISTRICT ZONE

Sections:

17.67.010    Purpose.

17.67.020    Permitted planned development districts.

17.67.030    General planned development district application requirements.

17.67.040    Preliminary planned development district requirements.

17.67.050    Planned development district design standards.

17.67.060    Referral to other city departments.

17.67.070    Planning agency public hearing.

17.67.080    Notice.

17.67.090    Planning agency action.

17.67.110    City council action.

17.67.120    Final planned development district application and map(s).

17.67.130    Final review.

17.67.150    Final approval.

17.67.160    Landscape performance bond.

17.67.170    Street and utility improvements performance bond.

17.67.180    Extension of bond or security time limit.

17.67.190    Maintenance bond.

17.67.200    Inspection of improvements.

17.67.210    Changes and modifications.

17.67.220    Repeal of planned development district overlay ordinance.

17.67.010 Purpose.

A. The purpose of the planned development district ordinance is to allow some flexibility in the design of clustered residential, commercial, or industrial uses with sufficient and appropriate collective open space or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone.

B. A planned development district shall:

1. Encourage flexibility in design and development that will result in a more efficient and desirable use of the land.

2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography, or shape.

3. Provide for maximum efficiency in the layout of streets, utilities, and other public improvements.

4. Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. (Ord. 1105 § 1, 2009).

17.67.020 Permitted planned development districts.

A. Planned development districts may be approved for any use or combination of uses listed in Chapters 17.12 through 17.65 SLMC as currently existing. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing the planned development district.

B. Approved planned development districts are permitted in all commercial, residential, and industrial zones existing in the city of Soap Lake’s Municipal Code.

C. Planned development districts may be used for the following types of development:

1. Planned Unit Developments. An area to be planned and developed as a single district containing one or more residential clusters with sufficient and appropriate collective open space and one or more public, quasi-public, commercial, and/or industrial areas.

2. Planned Unit Residential Development. An area to be planned and developed as a single district and containing one or more residential clusters with sufficient and appropriate collective open space. Appropriate commercial, public, or quasi-public uses may be included if such uses are for the exclusive benefit of the residential development.

3. Planned Commercial Developments. An area to be planned, developed, operated, and maintained as a single district with sufficient and appropriate collective open space containing one or more structures to accommodate commercial, retail, business, or office uses or a combination of such uses.

4. Planned Industrial Development. An area to be planned, developed, operated, and maintained as a single entity with sufficient and appropriate collective open space containing one or more structures to accommodate industrial uses. (Ord. 1105 § 1, 2009).

17.67.030 General planned development district application requirements.

A. Preapplication Conference.

1. Prior to submission of a planned development district application and map(s), the proponent shall schedule a preapplication conference with the planner and representatives of other affected city departments. The proponent shall present a conceptual plan of the planned development district including a general outline of the proposal represented by sketch plans. The planner will respond informally and address potential items of concern to aid the proponent in preparing the planned development district application and map(s).

2. The planner shall furnish the proponent with a written review of the conference regarding the relationship of the planned development district to the comprehensive plan and any applicable city zoning ordinances, design standards, and policies.

B. Study Session. Prior to the submission of the planned development district application and map(s) to the planning agency for action, the planner shall schedule a planning agency study session. The planner and the planned development district proponent shall present the conceptual planned development district to the planning agency so that the planning agency may study the proposal.

C. Planned Development District Application and Maps. The planned development district application and map(s) shall be filed with the planner on forms prescribed by the planner. The application shall be accompanied by 11 copies of the planned development district application and map(s). A nonrefundable fee established by a resolution of the council shall accompany each and every application for a preliminary planned development district. If a development is planned for the zoning overlay district, a separate fee for the plat or binding site plan shall also be paid per the city’s fee schedule for processing such developments.

D. Environmental Information. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended and Chapter 14.04 SLMC entitled “Environmental Policy Act.” Said information is a part of and must accompany the planned development district application and map(s).

E. Deviations. Requests for deviations of city design standards and community street and utility standards shall be submitted as a part of and must accompany the planned development district application and map(s). The planning agency shall recommend to the council that the requested variance(s) be either approved, conditionally approved, or denied. The council shall either approve, conditionally approve, or deny the requested variance(s) based upon the recommendation of the planning agency and testimony presented before the council.

Deviations of city design standards and community street and utility standards shall be listed in the ordinance conditionally approving and establishing the planned development district.

F. Comprehensive Plan. The planned development district shall be consistent with the city’s comprehensive plan.

G. Findings of Fact. Every decision or recommendation made under this chapter by the planning agency or council shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

H. Subdivision Approval. A planned development district for which subdivision or binding site plan approval is required may be submitted as a planned development district short plat, a planned development district major plat, or a planned development district binding site plan. Such a planned development district shall be submitted and processed in conformance with the appropriate subdivision chapter of the Soap Lake Municipal Code and the requirements of this chapter. Redundant procedures or technical requirements shall be incorporated into the requirements and procedures of the appropriate subdivision chapter so as to not create unnecessary hardship or delay. Procedurally, the preliminary and final planned development district element of a planned development district short plat, major plat, or binding site plan must be approved prior to the required subdivision approvals. Such approvals may be given concurrently by the appropriate approving body.

I. Titles. Planned development districts shall be appropriately entitled, i.e., planned unit development district, planned unit residential development district, planned commercial development district, or planned industrial development district. (Ord. 1105 § 1, 2009).

17.67.040 Preliminary planned development district requirements.

The preliminary planned development district application and map(s) shall depict or contain the following information:

A. A legal description of the total site proposed for development including a statement of the present and proposed ownership and present and proposed zoning.

B. A statement of the planning objectives to be achieved by the planned development district through the particular approach proposed by the applicant.

C. An itemized list of the proposed modifications to the bulk and use regulations of the underlying zone(s).

D. A development schedule indicating the approximate date when construction of the planned development district or stages of the planned development district can be expected to begin and be completed.

E. A statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the planned development district.

F. Quantitative data for the following: number and type of structures; parcel size; proposed lot coverage by buildings and structures; approximate gross and net residential densities; and the total amount of open space.

G. Relationship of the property to the surrounding area including identification of adjacent land uses, zoning, and peripheral treatment of the planned development district to maximize compatibility and integration of the planned development district with adjacent uses.

H. Proposed land uses and approximate building locations or buildable areas.

I. A general landscape plan.

J. Existing site conditions including contours at two-foot intervals and unique natural features.

K. A list of the names and addresses of all owners of record of real property within 500 feet of the external boundaries of the proposed planned development district. In addition, the proponent shall submit a list of the names and addresses of all owners of record of real property within 500 feet of real property which lies adjacent to the external boundaries of the proposed planned development district and is owned by the proponent.

L. The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas, storage areas, and points of ingress and egress to the planned development district.

M. Existing and proposed utility systems including sanitary sewers, storm sewers, water, electrical lines, natural gas lines, TV and radio cable lines, and telephone lines.

N. The proposed pedestrian circulation system.

O. The proposed treatment of the perimeter of the planned development district, including materials and techniques used such as screens, fences, and walls.

P. Vicinity map showing adjacent subdivision.

Q. The method of maintaining common facilities.

R. Proposed lot lines.

S. The location and size in areas or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, streets, and similar public, and semi-public uses. (Ord. 1105 § 1, 2009).

17.67.050 Planned development district design standards.

Planned development districts shall be in compliance with the following design standards:

A. Perimeters of the planned development district shall maintain all required building setbacks as specified in the applicable zone designation.

B. The planned development district shall be compatible with adjacent land uses and shall not adversely affect the character of the area in which it is located.

C. Performance standards for the uses enumerated in the planned development district shall be evaluated in light of the standards established in the Soap Lake Municipal Code for the underlying zone.

D. Population density and building intensity shall be evaluated in light of the densities and intensities permitted in the underlying zone.

E. All dedicated rights-of-way within a planned development district shall be evaluated in accordance with city street and utility standards. The location of sidewalks may be varied as deemed appropriate when it is found that the planned development district plan provides for the separation of vehicular and pedestrian circulation patterns.

F. The vehicular movement and parking plan shall be consistent with the existing vehicular movement and shall not create an overburden.

1. Private streets are permitted. All private streets or roadways shall have direct access onto a dedicated street. Private streets and roadways shall be constructed in compliance with city street and utility standards subject to modification with council approval. All private streets and roadways shall be designed and maintained to carry emergency vehicles.

2. Off-street parking spaces and loading areas shall be provided as specified in Chapter 17.54 SLMC. Parking areas shall be designed and constructed according to APWA standards. Parking lots for more than 25 vehicles shall be interspaced with landscaped areas.

3. The planned development district shall be located with respect to existing rights-of-way which are adequately designed to handle the generated traffic without creating additional traffic along minor streets in residential neighborhoods.

4. Planned development districts shall be so located with respect to schools, parks, playgrounds, and other public facilities so as to have access in the same degree as would development in a form generally permitted in the area.

G. Utilities.

1. All utilities including electrical lines, telephone lines, and cable TV and radio lines shall be installed underground except for access terminals in residential zones or residential areas of a planned development district and commercial zones or commercial areas of a planned development district.

2. Planned development districts shall be so located in relation to sanitary sewers, water mains, storm and surface drainage systems, and other utility systems and installations that will be of adequate size to properly serve the planned development district and conform to the comprehensive water and sewer plan. (Ord. 1105 § 1, 2009).

17.67.060 Referral to other city departments.

A. Upon receipt of a complete and satisfactory preliminary planned development district application and map(s), the planner shall distribute copies of the preliminary planned development district to each of the following offices, departments, or agencies within two working days of receipt:

1. Public works department.

2. Fire department.

3. Police department.

4. Building official.

5. Park and recreation department.

6. PUD.

7. Gas company.

8. Telephone company.

9. Cable company.

B. Each department, office, or agency may file written recommendations with the planner within 15 days from the date of filing of the planned development district with the planner.

C. The planner may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations. The proceedings and results of such a meeting shall be documented by minutes. (Ord. 1105 § 1, 2009).

17.67.070 Planning agency public hearing.

When the planner determines that the completed planned development district application and map(s) is acceptable, the director shall set a date for a public hearing on the planned development district before the planning agency. (Ord. 1105 § 1, 2009).

17.67.080 Notice.

The planner shall give notice of the application and public hearing in the manner provided in Chapter 18.07 SLMC. (Ord. 1105 § 1, 2009).

17.67.090 Planning agency action.

A. The planner shall transmit the planned development district application and map(s), respective comments and recommendations from other offices, agencies, and city departments, and planner comments and recommendations to the planning agency prior to the hearing.

B. The planning agency shall review the planned development district application and map(s), municipal recommendations, testimony, and exhibits submitted at the hearing and make recommendations to the council to assure conformance of the proposed planned development district with the provisions of this chapter and a determination that:

1. The planned development district shall be compatible with nearby developments and uses.

2. Peripheral treatment ensures proper transition between planned development district uses and nearby external uses and developments.

3. The development will be consistent with the comprehensive plan and with the purpose of a planned development district.

4. The planned development district can be completed within a reasonable period of time.

C. Upon planning agency review of a planned development district application and map(s), the planner shall prepare an ordinance providing for the designation of the subject property as a planned development district. That ordinance shall establish the planned development district as a floating district to be superimposed over the existing zone and provide for specific modifications of the bulk and use regulations and performance standards as provided for in the ordinance. The ordinance shall specify the specific modifications to the underlying zone’s bulk regulations and performance standards. The ordinance shall provide that the applicant or the applicant’s successor in interest shall be bound to the uses and modifications specified in the ordinance.

D. The ordinance providing for the designation of the subject property as a planned development district shall conditionally approve the preliminary planned development district. The ordinance shall only confer development rights upon the applicant or the applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s) which shall be in substantial conformity with the preliminary planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the council of a final planned development district application and map(s).

E. The planning agency shall enter findings, conclusions, and decision that shall recommend to the city council approval of an ordinance providing for the establishment of a planned development district. (Ord. 1105 § 1, 2009).

17.67.110 City council action.

Pursuant to SLMC 18.09.030, the council shall consider and adopt or reject the ordinance with respect to the recommendations of the planning agency. (Ord. 1105 § 1, 2009).

17.67.120 Final planned development district application and map(s).

Upon preliminary planned development district approval, the applicant shall prepare a final planned development district application and map(s) as needed.

The final application and map(s) shall be prepared in substantial compliance with the approved preliminary planned development district application and map(s); contain or depict all information required in the preliminary application and map(s); and shall incorporate any changes required by the council in granting preliminary planned development district approval.

Preliminary map(s), if suitable, may be submitted as final map(s) with the final application if they are to be unaltered or are able to be altered to satisfy the final planned development district map(s) requirements.

In addition, the final planned development district application and map(s) shall contain and/or depict the following information:

A. A title report from a title company licensed to do business in the state of Washington dated within 30 days of the date of filing of the final planned development district application and map(s) confirming that the title of the lands described and shown on the application and/or map(s) is in the name of the owners signing the planned development district application and map(s) and/or instrument of dedication.

The holder of the owner’s power of attorney may sign the planned development district application and map(s) and/or instrument of dedication; provided, that the title company confirms that the person signing the documents is in fact the holder of the owner’s power of attorney and that title to the land is in the name of the person granting power of attorney.

B. Three complete sets of preliminary construction plans and specifications prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements required by the council in granting planned development district approval. All construction plans and specifications shall be in conformance with city design standards and the community street and utility standards. Construction plans and specifications must be approved by the city engineer prior to the submission of the final planned development district to the council for approval.

Preliminary construction plans and specifications shall be submitted in compliance with SLMC 16.17.120(A) and (B) entitled Major Subdivisions, Improvements.

C. Required dedication of all streets, rights-of-way, parks, playgrounds, easements, reservation, irrigation water rights-of-way, and any area to be dedicated to public use, together with any restrictions or limitations thereon shall be submitted for council approval and acceptance as a part of the final planned development district plan map(s) or as a separate instrument of dedication.

D. All covenants proposed to run with the land.

E. A nonrefundable fee established by a resolution of the council shall accompany each and every application for a final planned development district approval. (Ord. 1105 § 1, 2009).

17.67.130 Final review.

A. Planning Agency Action. Within 45 days of filing of the complete and satisfactory final planned development district application and map(s) with the planner, the planner shall set a date for planning agency review of the final planned development district application and map(s). The planning agency shall approve or disapprove the final planned development district application and map(s) unless the subdivider consents to an extension of such time period in writing.

B. If the planning agency finds that the planned development district proposed for final approval conforms to all terms of the preliminary planned development district approval, the requirements of this chapter, applicable state laws, and any other requirements that were in effect at the time of preliminary planned development district approval, it may recommend approval of the final planned development district application and map(s). (Ord. 1105 § 1, 2009).

17.67.150 Final approval.

No building permit shall be issued until final council approval of the planned development district and/or until completion and/or fulfillment of the subdivision or binding site plan requirements of the Soap Lake Municipal Code. (Ord. 1105 § 1, 2009).

17.67.160 Landscape performance bond.

A. No building permit shall be issued until the applicant has posted a performance bond or other approved security in a form satisfactory to the city attorney in such an amount to cover 150 percent of the cost of completing all landscaping improvements as required by the council in approving the final planned development district. All landscaping improvements listed in the bond or security must be completed within two years of council approval of the final planned development district.

B. In the event that all landscaping improvements are not completed within the time limit specified in the performance bond or approved security, the bond may be forfeited and the city may undertake the installation and completion of all required landscape improvements. (Ord. 1105 § 1, 2009).

17.67.170 Street and utility improvements performance bond.

A. No building permit shall be issued until the applicant has posted a performance bond or other approved security in a form satisfactory to the city attorney in such an amount to cover 150 percent of the estimated cost, as determined by the city engineer, of all street and utility improvements required by the council in granting planned development district approval. All street and utility improvements must be completed within two years of council approval of the final planned development district.

B. In the event that all street and utility improvements are not completed within the time limit specified in the performance bond or approved security, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. (Ord. 1105 § 1, 2009).

17.67.180 Extension of bond or security time limit.

A. The council may grant one extension of any performance bond or approved security required by this chapter not to exceed one year; provided, that the request for an extension is filed with the planner at least 60 days prior to the expiration date of the bond or security.

B. In the event that a time extension is granted, a new performance bond or other approved security shall be submitted in an amount sufficient to cover 150 percent of the cost of completing utility and street improvements or landscaping improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased costs shall be passed on to the bond.

C. Departments issuing recommendations for new performance bonds or approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the city engineer to the bond or security to cover the cost of completing utility and street improvements and/or landscaping improvements without the written consent of the applicant. (Ord. 1105 § 1, 2009).

17.67.190 Maintenance bond.

Upon completion of the required public improvements and prior to acceptance by the council, the subdivider/developer must submit a maintenance bond or alternative security approved by the city attorney in an amount determined by the city engineer and approved by the city engineer. The maintenance bond amount shall be 100 percent of the actual cost of construction. An alternative security shall be in an amount not less than 10 percent nor more than 100 percent of the actual cost of construction. The amount shall be determined on a case-by-case basis based upon the city engineer’s estimated cost of repair or maintenance should repair or maintenance be required. The subdivider/developer shall submit documentation of the cost of construction to the city engineer for his review and approval and use in determining the required bond or alternative security amount. (Ord. 1105 § 1, 2009).

17.67.200 Inspection of improvements.

The city engineer or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all public or dedicated planned development district street and utility improvements to ensure conformance with the approved plans and specifications. The applicant shall deposit an inspection fee in the amount of two and one-half percent of the estimated cost of construction. The inspection fee shall be based on the actual cost of labor, materials, and equipment plus 15 percent for overhead. If the cost is less than the amount deposited, the difference will be refunded. (Ord. 1105 § 1, 2009).

17.67.210 Changes and modifications.

A. Major changes in the approved final planned development district shall be considered as a new application for preliminary planned development district approval. Major changes include, but are not limited to, the following:

1. Change in use.

2. Major change in vehicular circulation system.

3. Increase in density or relocation of density pattern.

4. Change in exterior boundaries except survey adjustments.

5. Increase in building height.

B. The planner may approve changes in the final planned development district which are minor and of a technical nature and which are consistent with the approved plan. (Ord. 1105 § 1, 2009).

17.67.220 Repeal of planned development district overlay ordinance.

A. The planner shall prepare and submit to the planning agency a proposed ordinance providing for the repeal of the ordinance establishing the planned development district upon the occurrence of the following:

1. A final planned development district application and map(s) have not been submitted within three years of adoption of the ordinance conditionally approving and establishing the planned development district unless an application for an extension has been approved by the planning agency.

2. Construction has not commenced within two years of final planned development district approval or in compliance with the final approved planned development district construction schedule unless an application for an extension has been approved by the planning agency.

B. Application for Time Extension.

1. Sixty days prior to the first reading of an ordinance to repeal the ordinance establishing the planned development district, the responsible party of record representing the planned development district shall be notified by certified letter via U.S. mail of the pending action and shall be afforded the opportunity to submit an application or an extension of the planned development district ordinance.

2. The planning agency may grant one extension not to exceed one year of the ordinance establishing the planned development district.

3. Application for an extension shall be made to the planning agency at least 30 calendar days prior to the scheduled date of a first reading of the repeal ordinance. A nonrefundable application fee established by a resolution of the council shall accompany each and every application for an extension.

4. The application shall include a statement of mitigating and/or hardship circumstances necessitating the request for an extension.

5. At a public meeting of the planning agency there shall be a consideration of a recommendation to the council to adopt a repealing ordinance. At consideration of the recommendation to the council to adopt the repealing ordinance, the planning agency may grant the requested extension based upon the testimony given at the meeting.

6. If the extension is approved, the consideration of a recommendation to the council concerning a repealing ordinance will be redocketed for consideration at the termination of the one-year extension period. In the event that a final planned development district application and map(s) has not been submitted within the one-year extension period or in the event that construction has not commenced within the one-year extension, there shall be a recommendation to the council to repeal the ordinance creating the planned development district. (Ord. 1105 § 1, 2009).