Chapter 17.58
PLANNED DEVELOPMENT ZONE
Sections:
17.58.040 Notification of intent.
17.58.050 Filing of preliminary development plan and program.
17.58.060 Preliminary development plan – Requirements.
17.58.070 Preliminary development program – Requirements.
17.58.080 Preliminary review by planning commission.
17.58.090 Rezone application – Final development plan and program.
17.58.100 Final development plan – Elements.
17.58.110 Final development program – Elements.
17.58.120 Rezone – Hearing and findings.
17.58.140 Common open space requirements.
17.58.150 Retention and maintenance of common open space.
17.58.160 Decision of planning commission – Subsequent procedure.
17.58.170 Modification to development.
17.58.180 Review of grant of rezone.
17.58.210 Reconstruction of buildings and improvements.
17.58.010 Purpose.
The PD, planned development zone, is established to:
A. Encourage flexibility in design and development that will encourage a more creative approach in the development of land and which will result in a more efficient, aesthetic and desirable use of the land;
B. Permit flexibility of design, placement of buildings, use of required open spaces, circulation patterns, off-street parking areas and otherwise to better utilize the potentials of sites characterized by special features of geography, topography, size or shape;
C. Facilitate the adequate and economical provision of streets and utilities;
D. Preserve the natural and scenic qualities of open areas and the city. (Ord. B-153 § 1, 1980).
17.58.020 Permitted uses.
Uses permitted in a planned development shall be limited to:
A. All private institutional uses, such as hospitals, schools, or nursing homes, permitted by right or conditional use permit in any district and the structures and accessory features appurtenant thereto;
B. All uses permitted in residential zones under the conditions of Chapters 17.28 and 17.32 TMC for such zoning;
C. Commercial uses as permitted in existing commercial zones;
D. Industrial uses as permitted in the existing industrial zones, subject to the controls herein governing industrial development under Chapters 17.48 and 17.52 TMC;
E. Open spaces, (common or public) such as parks, recreation areas, golf courses, public institutional and public school sites, playgrounds, drainage or other ways. (Ord. B-153 § 1, 1980).
17.58.030 Minimum site area.
All planned developments shall have a minimum size of not less than two adjacent or contiguous acres. (Ord. B-153 § 1, 1980).
17.58.040 Notification of intent.
The applicant for a proposed planned development project to be governed by the provisions of this chapter shall file with the city manager a preliminary notice of the applicant’s intention concerning the proposed project as may be requested by the city manager on forms furnished by him. Such preliminary notice shall be signed by the owner(s) of all property to be involved in the planned development zone, including all persons claiming any right, title or interest of record in and to such property. (Ord. B-153 § 1, 1980).
17.58.050 Filing of preliminary development plan and program.
After filing the preliminary notice required by TMC 17.58.040, the applicant for a PD zone shall file with the city manager a preliminary plan and program (and the fee as specified in TMC 17.58.190), for the area within the boundary of the project. (Ord. B-153 § 1, 1980).
17.58.060 Preliminary development plan – Requirements.
A preliminary development plan shall consist of an accurate map drawn to scale of not less than one inch to 100 feet and which shall be at least 18 inches by 24 inches in size, depicting the following:
A. The boundaries of the site;
B. Names and dimensions of all streets bounding or touching the site of the proposed location, and any existing public dedications or easements within;
C. Horizontal and vertical dimensions of all buildings and structures proposed to be located on the site;
D. Proposed location and dimension of “common open space”;
E. Proposed public dedications;
F. Location, dimension and design of off-street parking facilities, showing points of ingress to and egress from the site;
G. Location and direction bearing of all major physiographic features such as railroads, drainage canals and shorelines;
H. Existing topographic contours at intervals of not more than five feet, together with proposed grading, drainage and landscaping;
I. Building types and intensities;
J. Pedestrian and vehicular circulation pattern. (Ord. B-153 § 1, 1980).
17.58.070 Preliminary development program – Requirements.
A preliminary development program shall consist of a written program for development setting out detailed information concerning the following subjects as they may be involved in or provided for by the planned development project:
A. Market analysis of proposed use;
B. Proposed ownership pattern;
C. Operation and maintenance proposals, i.e., home association, condominium, co-operative or other, and a copy of the agreement effecting said proposal;
D. Solid waste disposal facilities;
E. Lighting;
F. Water supply and sewage collection lines;
G. Public transportation;
H. Community facilities;
I. General timetable of development, including project phases and projected starting and completion dates. (Ord. B-153 § 1, 1980).
17.58.080 Preliminary review by planning commission.
The planning commission shall review the preliminary development plan and program and may recommend additions or modifications to, or other changes in, the proposed plan and program. The planning commission shall determine the extent of any additional market and analysis to be included in the final development program. (Ord. B-153 § 1, 1980).
17.58.090 Rezone application – Final development plan and program.
Upon the completion of the review of the preliminary development plan and program by the planning commission, the applicant shall apply for a rezone pursuant to Chapter 17.20 TMC requesting a change of zone to a PD zone. A final development plan and program consisting of the plan elements and program elements enumerated in TMC 17.58.100 and 17.58.110 shall accompany the rezone application, together with fees as specified in Chapters 17.20 and 17.24 TMC. (Ord. B-153 § 1, 1980).
17.58.100 Final development plan – Elements.
The plan shall include the following:
A. Existing maps drawn to scale of not less than one inch to 100 feet and proposed contour map, which shall be at least 18 inches by 24 inches in size;
B. Location, with the names of all existing and proposed streets, public ways, railroad and utility rights-of-way, parks or other open spaces and all land uses within 300 feet of the boundary of the development;
C. Location and elevation of existing sewers, water mains and other underground facilities within and adjacent to the development and their certified capacities;
D. Proposed sewer or other waste disposal facilities, water mains and other underground utilities;
E. Preliminary subdivision plan;
F. Proposed land use plan;
G. Community facilities plan;
H. Location and amount of open space;
I. Traffic flow plan;
J. Location and dimension of walks, bikeways, trails or easements;
K. Location, arrangement, number and dimensions of auto garages and parking spaces, width of aisles, bays and angles of parking;
L. Location, arrangement, number and dimension of truck loading and unloading spaces and docks;
M. Preliminary plans, elevations of typical buildings and structures, indicating general height, bulk and number of dwelling units;
N. Approximate location, height and materials of all walls and fences;
O. Indication of stages of development. (Ord. B-153 § 1, 1980).
17.58.110 Final development program – Elements.
The program shall include the following:
A. Statement of goals and objectives, i.e., why it would be in the public interest and be consistent with the comprehensive plan;
B. A market analysis adequate to meet the requirements of the planning commission under the provisions of TMC 17.58.050;
C. Evidence of resources available to develop the project;
D. Tables showing total number of acres, distribution of area by use, percent designated for each dwelling, type of off-street parking, streets, parks, playgrounds, schools and open spaces;
E. Tables indicating overall densities and density by dwelling types and any proposal for the limitation of density;
F. Restrictive covenants, including any relating to retention and maintenance of common open space;
G. Development timetable. (Ord. B-153 § 1, 1980).
17.58.120 Rezone – Hearing and findings.
The application for rezone to a planned development zone shall be heard before the planning commission of the city at a public hearing within the time and in the manner as provided by Chapter 17.20 TMC. The recommendation of the planning commission to approve or deny the application shall include consideration of the following criteria:
A. The proposal will not be contrary to the objectives of the comprehensive plan;
B. The proposal’s harmony with the surrounding area, or its potential future use;
C. The system of ownership and means of development, preserving and maintaining open space;
D. The adequacy of the size of the proposed district to accommodate the contemplated development. (Ord. B-153 § 1, 1980).
17.58.130 Project densities.
The planning commission may recommend approval of a housing density for a planned development, even though such density may be greater than that specified in the comprehensive plan for the city for the area containing the planned development, if in the opinion of the planning commission, the design of the planned development will not result in inconvenient or unsafe access to the planned development or excessive burden on parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned development. (Ord. B-153 § 1, 1980).
17.58.140 Common open space requirements.
A. Common open space in a planned development zone shall meet the following requirements:
1. The location, shape, size and character of the open space must be suitable for the planned development.
2. Common open space must be used for scenic or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and number and type of dwelling units to be provided.
3. Common open space must be suitably improved for its intended use, but common open space containing advantageous natural features may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for common open space and must conserve and enhance the general character of the common open space in regard to its topography and unimproved condition.
B. The development schedule, which is part of the development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space, and the construction of residential dwellings in the planned development. (Ord. B-153 § 1, 1980).
17.58.150 Retention and maintenance of common open space.
A. The final development plan and program shall include a provision (with accompanying implementing documents) approved by the planning commission as being sufficient to assure permanent retention and maintenance of the common open space in a planned development zone. Such assurance may be in the form of restrictive covenants; dedication of open space to the public; provided, that such dedication must be approved by action of the city council; an undertaking by an association of owners of property within the planned development zone; or in any other form or by any other method approved by the planning commission and city attorney as being practical and legally sufficient to assure the permanent retention and maintenance of the common open space. All legal documents to carry out the plan and program in this regard shall be prepared, filed, and recorded with the county auditor at the expense of the applicant with the final development plan and program accompanying the rezone application, and shall be subject to approval as to form by the city attorney. All such plans and programs shall contain provisions whereby the city will be vested with the right to enforce the permanent retention and maintenance of the common open space provisions and shall further provide that in the event the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, then and in such event the city may at its option cause necessary maintenance to be performed and assess the costs thereof to the owners of the property within the planned development zone, to the extent permitted by law.
B. No common open space may be put to any use other than as specified in the approved final development plan unless the development plan has been modified to permit such other use pursuant to TMC 17.58.170. No such modification of use shall be deemed as a waiver of any of the provisions of the approved final development plan assuring the permanent retention and maintenance of the common open spaces. (Ord. B-153 § 1, 1980).
17.58.160 Decision of planning commission – Subsequent procedure.
A. At the conclusion of the hearing by the planning commission as provided for in TMC 17.58.120, the planning commission shall adopt a motion on the affirmative vote of a majority of its voting members which shall recommend to the city council that the application for rezone to a planned development zone be either approved, denied, or approved with modifications specified by the planning commission in its motion. Within 15 calendar days from the date of such action, the city shall mail to the applicant, at the address shown on the rezone application, notification of the planning commission’s recommendation.
B. The procedures provided for by Chapter 17.20 TMC shall be followed to afford a review by the city council of the recommendation submitted by the planning commission and to provide for the consideration of the rezone application by the city council. (Ord. B-153 § 1, 1980).
17.58.170 Modification to development.
A. Major Modification. Applications for major modifications in the final development plan and program must be submitted to the planning commission, and hearings held and recommendations made and approved by it, and by the city council, as if such application were an original application for a planned development zone.
B. Minor Modification. Minor modifications in the final development plan and program may be approved by the city manager. Such changes may include minor shifting of the location of buildings, proposed streets, public or private ways between the easements, parks or other public open spaces, or other features of the plan, but shall not include those changes involving increases of density, changes of boundaries, changes in land use or other changes of location which are not devoted to specific land uses. (Ord. B-153 § 1, 1980).
17.58.180 Review of grant of rezone.
If within 18 months after the granting of an application for a planned development zone, substantial progress, as determined by the approved development time table, has not been performed on the approved project, the planning commission shall review on its own motion the granting of such rezone application at a public hearing after giving written notice of such hearing to all persons claiming any right, title or interest of record in and to the affected property, which notice shall be given at least 20 days prior to such hearing, and after otherwise giving notice of such hearing as required by this chapter. Such hearings shall be held at times and in the manner prescribed by this section and may be continued as provided herein. At such hearings, the planning commission shall determine whether the continued existence of such planned development is in the best interests of the public, and such determination shall be based on the criteria specified in TMC 17.58.090 through 17.58.110. At the conclusion of such hearing, the planning commission shall adopt a motion on the affirmative vote of a majority of its voting members which shall recommend to the city council that the existence of such planned development be rezoned to another zone. In the event such recommendation is that the area be rezoned, the procedure specified in Chapter 17.20 TMC shall be followed to effect such rezone. This section shall not be construed so as to divest the planning commission and the city council of authority to otherwise rezone property within a planned development district pursuant to and in accordance with the provisions of Chapter 17.20 TMC. (Ord. B-153 § 1, 1980).
17.58.190 Fees.
The fee for an application for a planned development shall be $200.00 plus $5.00 per residential unit and $5.00 per 1,000 square feet of gross commercial and industrial floor area. (Ord. B-153 § 1, 1980).
17.58.200 Maintenance bond.
The developer shall file with the administrator a security bond or propose some other method of security providing for and securing to the city the successful operation of required public improvements for one year after completion, and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period. (Ord. B-153 § 1, 1980).
17.58.210 Reconstruction of buildings and improvements.
Replacement or reconstruction of any buildings or improvements damaged or destroyed after completion of project shall substantially conform to the originally approved planned development zone plan. (Ord. B-153 § 1, 1980).