Chapter 17.58
PLANNED COMMUNITY DEVELOPMENT (PCD) DISTRICTS
Sections:
17.58.060 Application – Generally.
17.58.070 Application – Filing.
17.58.080 Application – Form and contents.
17.58.090 Application – Supplemental data – Provisional plan.
17.58.100 Application – Filing fee.
17.58.110 Procedure – Generally.
17.58.120 Department investigation.
17.58.130 Public hearing – Generally.
17.58.140 Findings and conditions.
17.58.150 Time limit for development.
17.58.160 Precise plan – Requirements generally.
17.58.170 Precise plan – Revocation.
17.58.180 Precise plan – Expiration.
17.58.190 Precise plan – Modification.
17.58.200 Failure to give notice.
17.58.010 Generally.
Planned community districts shall be created in the same manner as property is reclassified from one zone to another within the city, as set forth in this title. When a PCD district has been so created, it shall be designated upon the zoning map of the city as an overlay zone by adding the parenthetically enclosed letters “PCD” after the zoning symbol indicating the zone in which the subject property is included. (1964 Code Appx. A § 9.70.)
17.58.020 Permitted uses.
The proposed development may include any of the uses allowed in the underlying zone by rights of zoning or by conditional use permit, as well as such other uses as may be permitted by any other section of this title; provided such other uses are necessary to the development of the planned community and are not detrimental to the surrounding properties or uses permitted in the general area and subject to the regulations set forth in this chapter. (1964 Code Appx. A § 9.70.)
17.58.030 Purpose.
When a proposal for a new development is made and it is desirable to apply regulations more flexible than those applicable to other zones in this title, a planned community development district shall be established. Such districts may provide diversification in location of structure, uses and other site qualities while ensuring compatibility with uses and future developments on the surrounding areas as indicated within the general plan. (Ord. 1494 § 1, 1981; 1964 Code Appx. A § 9.70.)
17.58.040 Restrictions.
In granting a planned community development overlay zone, the granting body shall require such safeguards as are necessary to protect the public health, safety and general welfare, and to prevent any possible detriment to the city or surrounding properties. (1964 Code Appx. A § 9.70.)
17.58.050 Area.
There is no minimum area for a PCD district other than the area shown on an approved precise plan. (Ord. 1494 § 1, 1981; 1964 Code Appx. A § 9.70.)
17.58.060 Application – Generally.
An application for a change of classification to a PCD district shall be according to the requirements set forth in CMC 17.58.070 through 17.58.100. (1964 Code Appx. A § 9.70.)
17.58.070 Application – Filing.
The application for a change of classification under this chapter shall be filed by the owner or owners of the property for which the permit is sought, or by the authorized representative of the owner or owners. Where the owner or representative is a corporation or partnership, the principal partners or owners shall be listed. “Principal partners or owners” means any person holding any interest larger than one percent of the total corporation or partnership. (1964 Code Appx. A § 9.70.)
17.58.080 Application – Form and contents.
Application shall be made to the planning commission on forms furnished by the planning department and shall be full and complete, including such date as may be prescribed by the planning director to assist in determining the validity of the request. The applicant shall verify the application and the date of verification shall be noted on the application. (1964 Code Appx. A § 9.70.)
17.58.090 Application – Supplemental data – Provisional plan.
In addition to the application, the applicant shall submit with his application 15 copies of a provisional site plan, elevations and architectural standards for the total development. Such plans shall be drawn to scale and shall indicate clearly and with full dimensions the following information:
A. Lot dimensions and lot elevations of subject property and adjacent property;
B. All buildings and structures; location, typical floor plans, building elevations, size, height, proposed use;
C. The relation to the existing buildings and structures in the general vicinity and area. Models, raised contour and/or relief displays may be required;
D. Yards and spaces between buildings;
E. Walls and fences, locations, height and materials;
F. Off-street parking, location, number of spaces and dimensions of parking area, internal circulation pattern;
G. Access; pedestrian, vehicular, service; points of ingress and egress;
H. Loading, location, dimensions, number of spaces, internal circulation;
I. Street dedication and improvements, if required;
J. Drainage pattern;
K. Trash collection system;
L. All public utilities installations including poles, transformers, generators, vaults and meters;
M. If residential units are included, a unit breakdown shall be provided indicating type of unit, size in square feet of each typical type of unit;
N. All other data as may be required by the planning director;
O. The following information shall be made a part of the application unless waived by the commission at the public hearing:
1. An economic feasibility study by an independent economic firm or city staff at no expense to the city; the subject form and report scope shall be approved by the planning director,
2. A school impact study by an independent firm or city or school district staff at no expense to the city, indicating the effect of the proposed development upon the public school system; the subject form and report scope shall be approved by the planning director,
3. A report to the planning director and city manager listing financial capabilities to accomplish the development proposed; such data shall be available to the planning director and city manager in a form adequate for their review and recommendation to the planning commission and/or city council as to the security of completing the development proposed,
4. A traffic impact study at no cost to the city, by a registered civil engineer experienced in traffic studies; such study shall include the impact of the proposed development on the surrounding area, the traffic potential to be generated by the development, the adequacy or inadequacy of existing streets and highways to safely carry the predicted traffic loads, necessary changes in the street system or design caused by the development, projected cost of such improvements not to be borne by the developer and such other information as may be required by the planning director in order to aid in making his decision; the form, content and scope of the study shall be approved by the planning director. (Ord. 1232 § 2, 1973; 1964 Code Appx. A § 9.70.)
17.58.100 Application – Filing fee.
When the application under this chapter for a change of classification is filed, the uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings.
Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by resolution and shall respectively be applicable for the respective periods designated or governed by such respective resolutions. (Ord. 1357 § 1, 1977; 1964 Code Appx. A § 9.70.)
17.58.110 Procedure – Generally.
The change of classification shall be determined pursuant to the procedure set forth in CMC 17.80.090 through 17.80.150 entitled “zone change” and the provisional plan shall be merged with the PCD district for the particular property so classified. A provisional plan which does not adhere to standards of development in the underlining zone may be approved when such plan fulfills the purpose of a PCD district. A change in the provisional plan enacted with a PCD district shall constitute a change in the zoning map, and such change shall be determined pursuant to CMC 17.80.080 through 17.80.150. (1964 Code Appx. A § 9.70.)
17.58.120 Department investigation.
All city departments shall investigate the facts bearing on the use to provide the commission with data essential for action consistent with the intent of this chapter. Such data shall include cost of providing city service to the proposed development. (1964 Code Appx. A § 9.70.)
17.58.130 Public hearing – Generally.
All provisions set forth in CMC 17.80.120, 17.80.130, 17.80.140 and 17.80.150 shall apply. (1964 Code Appx. A § 9.70.)
17.58.140 Findings and conditions.
The city council in approving a planned community development district shall find as follows:
A. That the site for the proposed use is adequate in size and shape to accommodate the use;
B. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
C. That the proposed use is not detrimental to the surrounding properties or uses permitted in the general area;
D. That the conditions stated in the decision are deemed necessary to protect the health, safety and general welfare; such conditions shall include, but not be limited to:
1. A time limit for development,
2. Regulation of use or uses,
3. Special yards, spaces and buffer areas,
4. Fences, walls and screening devices,
5. Surface of parking areas subject to specifications established by the council,
6. Required street, service road or alley dedication and improvements,
7. Regulation of points of vehicle ingress and egress,
8. Regulation of signs,
9. Required landscaping and maintenance thereof,
10. Regulation of noise, vibrations, odors, glare,
11. Required maintenance of grounds,
12. Regulation of time for certain activities during the construction phase and during the lifetime of the project,
13. Duration of use,
14. When there is more than one parcel of land involved, the land shall be recorded as one parcel for state and city code prior to issuance of the building permit,
15. Require bonding or financial guarantee of any requirements or conditions made a part of the approval by the council,
16. Such other conditions as will make possible the development of the use in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter. (1964 Code Appx. A § 9.70.)
17.58.150 Time limit for development.
The city council must establish a time limit within which the subject property and use shall be developed. The time limits shall be reasonable, based on the size and nature of the proposed development. (1964 Code Appx. A § 9.70.)
17.58.160 Precise plan – Requirements generally.
No development of the subject site shall begin and no permits shall be issued in any case until a precise plan of planned community development has been approved by the planning department. In order that building structures, signs and landscaping will be in harmony with other structures and appearances in the area and not obnoxious, undesirable or unsightly appearances, the applicant shall apply for and receive approval of a precise plan as provided for in Chapter 17.64 CMC, Site Plan Review. In addition to the requirements of that chapter, the planning department in reviewing the precise plan shall consider the following items in addition to those provided for in Chapter 17.64 CMC:
A. The total development plan showing all the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, open spaces and other public or private facilities. The plan shall include a statement of all uses proposed to be established and the location of each use;
B. Architectural drawings or sketches showing the design and character of the proposed structures, uses and facilities and the physical relationship of all elements;
C. Detailed landscaping plans indicating type of material and size;
D. The size, type, location and design of all signs and advertising devices;
E. The colors and materials on the exterior of all buildings;
F. The type and pitch of roofs;
G. The size and spacing of windows, doors and other openings;
H. Towers, chimneys, roof structures, flagpoles, radio and television masts;
I. Engineering site plans;
J. Other pertinent information as may be necessary to determine that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this code;
K. The precise plan shall substantially conform to the provisional plan. (1964 Code Appx. A § 9.70.)
17.58.170 Precise plan – Revocation.
Upon recommendation by the planning director the city council shall conduct a noticed public hearing to determine whether such precise plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval:
A. That the approval was obtained by fraud; or
B. That the precise plan is being implemented contrary to any conditions imposed upon approval of the plan, or in violation of any law. (1964 Code Appx. A § 9.70.)
17.58.180 Precise plan – Expiration.
Any precise plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such precise plan, or, if no time is so specified, if the same is not exercised within one year from the date the approval becomes final; provided, that if litigation is filed prior to the exercise of such rights, attacking the validity of such approval, the time for exercising such rights shall be automatically extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this chapter once, for a period of not to exceed one year, without a public hearing. (1964 Code Appx. A § 9.70.)
17.58.190 Precise plan – Modification.
Any condition imposed upon the approval of a precise plan may be modified or eliminated, or new conditions may be added; provided, that no such modification shall be made unless the planning director finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable development under the precise plan as approved. All such modifications shall be in substantial compliance with the provisional plan. (1964 Code Appx. A § 9.70.)
17.58.200 Failure to give notice.
Failure to give notice in the manner hereinabove prescribed shall have no effect upon any proceeding before the commission or the council. (1964 Code Appx. A § 9.70.)
17.58.210 Site plan review.
The provisions of Chapter 17.64 CMC shall apply. (Ord. 1679 § 21, 1988.)