Chapter 10.42


10.42.010    Purpose and description.

10.42.020    Compliance with purpose of this chapter.

10.42.030    Where permitted – Permitted uses.

10.42.040    Association documents.

10.42.050    Minor adjustments and amendments.

10.42.060    Criteria and requirements.

10.42.070    RPD bonus density eligibility criteria.

10.42.080    Hospital planned development (HPD) standards.

10.42.010 Purpose and description.

(1) It is the purpose of this chapter to implement the goals and policies of the Wenatchee urban area comprehensive plan by allowing flexibility in the application of standards for development in order to protect and enhance environmental features, encourage the development of affordable and diverse housing, and provide other public benefits, including the siting of hospitals. More specifically, it is the purpose of this chapter to:

(a) Encourage imaginative design and the creation of permanent open space by permitting flexibility in zoning requirements;

(b) Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise to better utilize the potential of the site characterized by special features such as geography, topography, size, or shape;

(c) Provide for maximum efficiency in layout of streets, utility works, and other public improvements;

(d) Produce an integrated or balanced development of mutually supportive uses that might otherwise be inharmonious or incongruous;

(e) Provide a guide for developers and city officials who review and approve developments meeting the standards and purpose of this chapter;

(f) Permit the use of innovative development methods and approaches not available under conventional zoning to facilitate the construction of public facilities or a variety of housing types and densities serving the diverse needs of the community and to promote affordable housing goals and policies of the comprehensive plan;

(g) Encourage infill within areas of the city which are characterized by existing development.

(2) Designation of a property as a planned development (PD) binds the property owners and their successors to the development described and depicted in the application and approval of the PD. The PD designation confirms that the PD is consistent with the purpose of and provisions for planned developments and the comprehensive plan and provides the standards by which subsequent development permits, including building permits, shall be reviewed. All provisions, conditions and requirements of the PD approval shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel or tract re-created pursuant to the approved plan that depicts the PD.

(3) A PD shall be reviewed according to the provisions for a Type III application process as described in WCC Title 13, Administration of Development Regulations, except as otherwise provided for in this chapter.

(a) A PD which creates nine or less lots, tracts, parcels, or residential dwelling units shall be processed in accordance with WCC 13.09.040, Type II administrative review of applications.

(4) This chapter establishes two types of planned developments, as identified below. Unless otherwise specifically stated, all provisions of this chapter shall apply to both types of planned developments.

(a) Residential Planned Development (RPD). This is a PD devoted to residential and supportive accessory uses. It is intended to promote more economical and efficient use of land, while providing a harmonious variety of housing choices and/or accessory uses within a single project. Mobile/manufactured home parks are considered an RPD.

(b) Hospital Planned Development (HPD). The HPD provides for the location of hospital medical services, health care, and ancillary uses. The purpose of the HPD is to encourage comprehensive long-term master planning, to allow flexible dimensional standards that accommodate dynamic health care facility requirements, to ensure the viability of a site for hospital/medical facilities that provide high-quality, efficient health care and services, to promote good urban design in a campus setting that is pedestrian- and transit-friendly, and to establish use and design standards that are compatible with adjacent neighborhoods. (Ord. 2017-16 § 2 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.020 Compliance with purpose of this chapter.

In addition to compliance with objectives of this chapter and the comprehensive plan, any applicant for a planned development shall have the burden of demonstrating that a development will achieve public benefit as a result of any deviation from underlying zoning regulations through creation of open space, provision of needed public facilities and/or services, or affordable housing. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.030 Where permitted – Permitted uses.

Planned developments, when approved in accordance with all applicable provisions of the WCC and this chapter, are established as a development permit and, as such, do not reclassify the existing zoning district designation.

(1) An RPD is permitted where approved prior to November 7, 2019. All proposals to amend a previously approved RPD shall be processed as a Type III permit per WCC Title 13 and in accordance with the applicable performance and development standards in WCC Titles 10, 11 and 12.

(2) An HPD may be permitted within the following zoning districts located within the Wenatchee urban growth area, provided it is consistent with the comprehensive plan: RS, RL, RM, RH, RMU, OMU, NWBD, SWBD, and MRC overlay. (Ord. 2019-35 § 9; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.040 Association documents.

An outline of the documents of the owners’ association, bylaws, deeds, covenants and agreements governing ownership, maintenance and operation of the PD shall be submitted with the binding site plan if applicable to the development. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.050 Minor adjustments and amendments.

(1) Minor adjustments to an approved PD shall be reviewed according to the provisions for a Type II permit as provided for in WCC Title 13, Development Code Administration. Minor adjustments are characterized by those which may affect the precise dimensions, siting of buildings or lot lines, but which do not: affect the type, character and/or architectural style of buildings; increase the total amount of building floor area; increase the number of dwelling units; decrease or substantially change the location of required buffers; decrease the amount of required parking; decrease on-site recreation or open space areas and/or increase the number of points of ingress and egress to the site.

(2) Modifications that exceed the conditions of a PD approval, are inconsistent with the intent of the approved PD, and/or are not minor adjustments, as determined by the director, shall be considered a request for a major revision to the PD and shall be reviewed and approved in accordance with the procedures of this chapter as a new application. The new application shall be reviewed according to the applicable regulations in effect at the time of new application. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.060 Criteria and requirements.

(1) All planned developments, in addition to other requirements of the WCC and this title, shall meet the following criteria and requirements:

(a) The proposal shall conform with the Wenatchee urban area comprehensive plan, including any applicable subarea plans;

(b) The proposal will be harmonious with the surrounding area or its potential future use; and

(c) The proposal will be superior to or more innovative than conventional development and will provide greater public benefit than required under adopted zoning standards.

(2) Subdivision Requirements. A planned development shall abide by the procedures established in WCC Title 11, Subdivisions. If the land or structures within a proposed planned development are intended to be sold to more than one person, firm, or corporation, or are to include the dedication of land for the installation of improvements regulated by WCC Title 11, Subdivisions, then the proposed planned development shall be subject to the binding site plan, short or major subdivision proceedings, in addition to the requirements of this chapter.

(3) General Requirements.

(a) The developer shall bear the responsibility of achieving a compatible visual effect as seen from neighboring properties. “Compatible” includes, but is not limited to, size, shape, scale, mass, architectural design, screening, landscaping and separation sufficient to protect the interests of the surrounding properties, the neighborhood and the city as a whole;

(b) Planned development projects shall be complete developments and may be required to include facilities such as paved streets, curbs, sidewalks, street lights, drainage, open space, recreational improvements, sanitary sewers, underground power and telephone lines, landscaping and off-street parking in excess of underlying zoning district requirements;

(c) The applicant shall use a design/development team that at a minimum consists of a licensed architect, engineer, and landscape architect for the design and construction phases of the project;

(d) Roads, if privately owned and maintained, shall conform to the same construction standards as public streets of the same class;

(e) No planned development shall be approved that will exceed the reserve capacity of any public facility or service or that will cause the level of service to fall below the levels established in the comprehensive plan;

(f) All public facilities and services must be available concurrently with the demand for such facilities as defined by the comprehensive plan;

(g) The applicant shall furnish the city with a performance bond or other acceptable surety guaranteeing installation of required public improvements prior to final approval of any civil infrastructure plans and/or prior to the issuance of a building permit, whichever occurs first; and

(h) Planned development projects shall begin construction within three years of approval. If after three years no development permits or approvals have been issued for the approved planned development, the planned development overlay created for the project shall be nullified and the original zoning classification returned to the land therein. In the case of phased development, the timetable for development must be submitted with the application materials and conditioned upon the approval of the development. Prior to the expiration of the three-year period, the applicant may request a one-time, one-year extension, which will be reviewed based on the following criteria:

(i) Any change in the zoning designation for the subject property and/or surrounding properties;

(ii) Any change in the comprehensive plan land use designation and/or policies relating to the subject property and/or surrounding properties; or

(iii) Any change in surrounding uses or other circumstances that may affect the compatibility of the previously approved project and its current surrounding uses. (Ord. 2020-35 § 3 (Exh. A))

10.42.070 RPD bonus density eligibility criteria.

Bonus densities are intended to provide the incentive to encourage development of affordable housing, provide additional public amenities, or preserve valuable natural or cultural resources and features. The satisfaction of any of the bonus density criteria specified in the subsections below is considered to be in the public interest and worthy of bonus density. Where the result of any calculation below achieves a density higher than the density of the land use designation in the comprehensive plan, the maximum density in the comprehensive plan shall not be exceeded.

(1) Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review and approval by the city after a public hearing. Such bonus densities may be granted to a deserving application if the RPD is judged by the city to have achieved one or more of the bonus density criteria.

(2) Basis for Approval of Bonus Density. It is the intention of this section to allow bonus densities where a PD application demonstrates design attributes providing public benefits in addition to those required by applicable local, state or federal land use and environmental regulations. Bonus densities will not be allowed for site design proposals that merely reflect mandatory requirements.

(3) Maximum Bonus Density. The maximum potential bonus density for one project is up to 100 percent of the base density as listed in this chapter. In no case shall the density exceed 50 percent for those items listed in subsections (3)(b) through (o) of this section. Affordable housing is eligible for up to 100 percent density bonus, alone or in combination with other listed items. In no case shall the density of the PD exceed 100 percent of the base density as listed in this chapter.

(a) Affordable Housing. Such affordable housing is defined as residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income. To be eligible for a density bonus under this provision, the affordable housing shall be provided to residents at or below 80 percent of median income or 50 percent of median income as determined using the U.S. Department of Housing and Urban Development’s current fiscal year median income for the Wenatchee MSA (metropolitan statistical area). The provision of affordable housing can include a mix of housing types, utilization of townhouses, condominiums and apartments directed to providing a reasonable mix or diversity of bona fide affordable housing opportunities for a diverse segment of the community. Not all units in a particular development need to be affordable or low-income to qualify; bonus densities will be allowed for projects providing low-income housing in market rate developments. Density bonuses for affordable housing projects will be granted only where all of the following conditions are satisfied:

(i) The developer must agree to sell or rent the affordable units to qualifying residents, i.e., households that are at or below 80 percent of median income (adjusted for household size) for owner-occupied units and at or below 50 percent of median income (adjusted for household size) for renter-occupied units;

(ii) The developer must ensure the continued affordability of the units by qualified residents for a minimum of 20 years through the use of restrictive covenants or other deed restrictions approved by the city and recorded at the county auditor’s office; and

(iii) The units must be of an innovative design and compatible with existing neighborhood character, with adequate assurance that such design and compatibility will be maintained throughout the 20-year period;

(iv) As an alternative to subsections (3)(a)(i) and (ii) of this section, the developer may contract with a qualified public or nonprofit agency to oversee the obligation of ensuring housing affordability and resident eligibility. In this instance, and prior to the issuance of any building permit, the contractual agreement between such parties detailing the specific obligations of each shall be recorded with the Chelan County auditor’s office.

Maximum bonus: in determining a project’s bonus density potential, the percent of affordable units shall be calculated by the percent of units that are affordable before adding the bonus units. For example, a PD plans to build 10 owner-occupied dwelling units, designating six units as affordable; this project may include an additional 10 market rate dwelling units.

(i) Rental Units. Up to 100 percent with corresponding percent of units designated as affordable (e.g., 100 percent affordable units equals 100 percent density bonus; 25 percent affordable units equals 25 percent bonus density).

(ii) Ownership Units. Up to 100 percent with 60 percent of the original dwelling units designated as affordable; 50 percent bonus density with 30 percent of the original dwelling units designated as affordable; 25 percent bonus density with 15 percent of the original dwelling units designated as affordable; five percent bonus density with five percent of units affordable.

(b) Public Service and Facility Dedication. Items for consideration in meeting this criterion may include the provision of public schools; public parks or other public facilities and/or sites; bicycle and pedestrian pathway systems; and new full public streets identified in the adopted circulation map. Off-site provisions/improvements to public streets may be permitted if the applicant can demonstrate the provisions/improvements mitigate impacts resulting from the PD. Only those services or facilities identified as deficient in the vicinity shall be credited to this provision. Maximum bonus: 20 percent.

(c) Preservation of Identified Open Space. Such preservation and/or dedication is only applicable to areas identified in the parks and recreation element of the comprehensive plan as deficient in neighborhood parks and/or open space that contributes to the foothills trails plan. Dedication of neighborhood parks off site and within one-half mile service area of the project in an identified deficient area are allowed, as agreed upon by the developer, proposed park managing agency, and city. Maximum bonus: 10 percent.

(d) Preservation of Natural Features. Significant existing natural features are maintained on the site, including, without limitation, topography, designated critical areas, viewpoints or other important natural features found on site. Maximum bonus: 10 percent.

(e) Trees, if not otherwise required by this title, are planted in the planter strip, along the entire frontage of public and/or private street rights-of-way on the property being developed. Planting areas shall be a minimum of five feet in width and consist of deciduous trees at least six feet high at the time of planting and spaced no more than 40 feet on center. Suitable ground cover including grasses and/or low-growing shrubs shall also be provided to result in at least 75 percent coverage of planting areas within four years. Maximum bonus: 10 percent.

(f) The PD selects to incorporate green building techniques into the design of the development and proposed buildings. This shall include designing buildings that follow the LEED standards for green building and that provide good indoor air quality, conserve energy and water, reduce waste generation, and use materials that are less detrimental to the environment. Maximum bonus: 10 percent.

(g) The PD selects to make provisions for bicycle, pedestrian and/or natural trail systems, the majority of which are physically separated from motor vehicle traffic. Separation may include such features as landscaping, undulated berms, natural features, topography, open space, or other similar features. Trail systems shall encompass the entire development and may be incorporated as part of the on-site recreation required. The trail system components shall connect all public open space, drainageways, shoreline areas and other trail systems designated in the comprehensive plan. Trail system components shall be a minimum of eight feet wide and improved with an all-weather surface suitable for the type of trail proposed. Trails that contribute to the foothills trails plan shall be designed in accordance with the trails plan. Maximum bonus: 10 percent.

(h) Where a PD is proposed along an existing transit route, transit stops and the construction of shelters, pull-outs and other associated transit systems are integrated into the project, as agreed upon by the developer, transit authority, and city. Maximum bonus: five percent.

(i) Where a proposed PD consists of more than 10 multifamily dwelling units, parking areas that are kept small (six or less spaces) in any group and interspersed with landscaping, recreation features, structures, or other similar uses when applicable. Maximum bonus: five percent.

(j) Natural drainageways are incorporated into the overall PD design and left undisturbed or enhanced with native ornamental landscaping when applicable. Maximum bonus: five percent.

(k) On-site storm water drainage retention facilities are integrated as usable recreation areas with use improvements such as benches, tables, garbage cans, etc., and with a slope ratio not exceeding four units horizontal to one unit vertical. Maximum bonus: five percent.

(l) The PD project selects to contain a facility for a child day care center, pursuant to applicable provisions of the Wenatchee zoning code. The day care facility shall be of sufficient size to serve the projected demand for such services generated by the project. Maximum bonus: five percent.

(m) At least two covered parking spaces are provided for all residential dwelling units. Covered parking shall be in the form of carports or garages. Maximum bonus: five percent.

(n) The PD selects to incorporate duplex, multifamily or zero-lot-line dwelling units on a minimum of 25 percent of the site. Maximum bonus: five percent.

(o) The PD selects to incorporate some other unique site and/or design features not listed above that distinguishes it from a typical subdivision. The applicant shall demonstrate how the selection is unique or distinguishing from other subdivisions along with identifiable benefits of the selection. The hearing body shall determine the applicability and appropriateness of this provision during the review process for each PD. Maximum bonus: 10 percent. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.42.080 Hospital planned development (HPD) standards.

These hospital planned development standards are in addition to, or in place of, the criteria and requirements listed in WCC 10.42.060:

(1) Hospital and medical-related services, developed as part of a planned development, may include: hospital, ambulatory health care center; professional services, medical clinics and other health-care-related services; medical-related administrative offices; research, development and testing services; child care and adult care services; medical helicopter landing pad; personal services: laundry, dry cleaning, barber and beauty shops, massage therapy/health spa, and other services ancillary to a hospital; and religious activities.

(2) Transportation and utilities may include: accessory parking; commercial parking; wireless facilities; utility facilities; local utility systems; warehousing (with loading areas); and transit facilities.

(3) Retail services may include: eating establishments; health-care-related retail; overnight accommodations; and miscellaneous retail trade: drug and pharmacy stores, gift stores, book stores, newsstands, florists, jewelry, clothing, photo supplies, video sales/rental, and other retail ancillary to a hospital.

(4) Setbacks in Residential Zoning Districts. Structures 30 feet or less in height shall be no closer than 20 feet from perimeter property lines. With each 10-foot segment of building height above 30 feet, the setback shall be increased by five feet to a maximum of a 50-foot setback wherein height is defined as listed in subsection (6)(c) of this section. Surface parking lots shall be located no closer than 10 feet from property lines facing arterials and 20 feet from all other property lines.

(5) Maximum lot coverage: 50 percent for all structures.

(6) Maximum Building Height. Building heights shall be limited based on development area (DA) as set forth below, and shall be measured from existing grade to the highest point of the building; provided, however, that mechanical rooms are permitted to extend an additional 15 feet above structures; and provided further, that heights are limited as set forth in subsection (4) of this section.

(a) DA-1, hospital development center: 150 feet;

(b) DA-2, administrative/ancillary support with parking structure: 80 feet;

(c) DA-3, medical office building with parking structure: 80 feet;

(d) DA-4, mechanical plant: 50 feet;

(e) DA-5, overnight accommodations: 40 feet.

(7) Signs shall meet the following standards, in addition to meeting applicable provisions of Chapter 10.50 WCC, Signs:

(a) One monument sign, per street frontage, for each building.

(i) Maximum Copy Area. Twenty-five square feet; provided, that land parcels with more than 100 feet of frontage on any one street may increase the maximum size of the sign located on that street frontage by one square foot for each four lineal feet of street frontage over 100 feet, to a maximum sign copy area of 40 square feet.

(ii) Maximum Height. Monument signs shall not exceed eight feet.

(b) Wall Signs. Wall signs shall include canopy, awning and marquee-style signs. Maximum copy area for wall signs shall be two square feet per one lineal foot of building frontage. No wall sign shall extend above the eaves, parapet, or cornice line of any building.

(c) Projecting Signs.

(i) One projecting sign, per street frontage, per building, not extending over the cornice of a single-story building or over the second-story sill line of a multiple-story building.

(ii) Projecting signs shall be a minimum of eight feet above the grade of the sidewalk and may project a maximum of five feet from the building facade. No sign shall project within two feet of the curb line extended vertically. No sign shall be higher than the sill line of a second-story window.

(d) Reader Boards. Reader boards shall be installed on a permanent sign structure as a monument sign.

(e) Portable Signs. One temporary A-frame or T-frame sign structure, per building, shall be permitted to a maximum size of six square feet, located on site. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))