Chapter 4.5
PLANNED DEVELOPMENTS
Sections:
4.5.100 Planned development – Purpose.
4.5.110 Planned development – Applicability.
4.5.120 Planned development – Review and approvals process.
4.5.140 Planned development – Concept plan submission.
4.5.150 Planned development – Concept plan review criteria.
4.5.160 Planned development – Administrative procedures.
4.5.170 Planned development – Detailed development plan submission requirements.
4.5.180 Planned development – Detailed development plan review criteria.
4.5.200 Nullification of an approved planned development.
4.5.100 Planned development – Purpose.
The purposes of this section are to:
A. Implement the comprehensive plan and applicable land use district(s) by providing a means for master planning large development sites, or sites with unique physical or ecological attributes;
B. Encourage innovative planning that results in projects that benefit the community (i.e., through compatible mixed-use development, affordable housing, improved protection of open spaces, transportation options and consistent application of standards in phased developments);
C. Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified employment environments;
D. Facilitate the efficient use of land;
E. Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
F. Preserve to the greatest extent possible the existing landscape features and amenities that may not otherwise be protected through conventional development;
G. Encourage energy conservation and improved air and water quality; and
H. Assist the city in planning infrastructure improvements. (Ord. 08-06 § 3, 2008)
4.5.110 Planned development – Applicability.
The planned development designation is a development process that may be applied to any of the city’s land use districts. An applicant may elect to develop a project as a planned development in compliance with the requirements of this chapter, or the city may require a development be processed as such when a project cannot otherwise meet the applicable development code requirements, contains significant natural features, or is subject to the hillside protection overlay. (Ord. 08-06 § 3, 2008)
4.5.120 Planned development – Review and approvals process.
A. Review Steps. There are three required steps to planned development approval, which may be reviewed individually or combined into one package for concurrent review:
1. The approval of a planned development concept plan;
2. The approval of a detailed development plan; and
3. The approval of a preliminary subdivision plat(s) and/or design review application(s).
B. Approval Process.
1. The planned development (PD) concept plan shall be reviewed together using the Type III procedure in SDC 4.1.400, the submission requirements in SDC 4.5.170, and the review criteria in SDC 4.5.150.
2. The detailed development plan shall be reviewed using the Type III procedure in SDC 4.1.400, to ensure substantial compliance with the approved concept plan.
3. Preliminary subdivision plats and design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by SDC 4.1.300.
4. Subsections (B)(1) through (3) of this section may be combined in any manner, so long as the decision-making sequence follows that in subsection (A) of this section. Notification and hearings may be combined. (Ord. 08-06 § 3, 2008)
4.5.130 Planned development – Modification of district standards (Article 2) and design standards (Article 3).
The planning commission may approve modifications or adjustments to the standards in Article 2 and/or Article 3 through the planned development approval without the need for variances upon finding that all of the following criteria are met:
A. Comprehensive Plan. The modification or adjustment equally or better meets the intent of the comprehensive plan and development code section(s) to be modified, as compared to a project that strictly conforms to code standards.
B. Public Benefit. The modification or adjustment results in an overall net benefit to the public; e.g., clustering of smaller lots results in a greater variety of housing, greater affordability in housing, more open space or more usable open space, greater protection of natural features, avoidance of natural hazards (e.g., geological hazards or drainage ways), superior architecture, and/or improved transportation planning in new development.
C. Public improvement standards and engineering design criteria shall not be modified without variance to such standards approved by the city engineer. The city may grant such variances concurrently with the planned development;
D. Residential densities shall not exceed those allowed under the comprehensive plan and where steep slopes exist shall follow the procedures found in Chapter 2.6 SDC;
E. Commercial and mixed-use developments may be approved in a residential district planned development, provided the commercial component of the project, including building area, parking and landscape/commercial common area, does not exceed 20 percent of the subject planned development land area; and
F. Industrial uses shall not be allowed in a residential district planned development. (Ord. 08-06 § 3, 2008)
4.5.140 Planned development – Concept plan submission.
The applicant shall submit five copies of all of the following information, subsections (A) and (B) of this section, for the initial review by city staff. An additional seven copies of the complete application shall be submitted for the planning commission hearing, by a date the community development director specifies.
A. General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by SDC 4.1.400. In addition, the applicant shall submit all of the following:
1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed;
3. A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development;
4. Narrative report or letter documenting compliance with the applicable review criteria contained in SDC 4.5.150; and
5. Special studies prepared by qualified professionals (e.g., engineers or scientists) may be required by the community development director, planning commission or city council to determine potential traffic, geologic, stormwater, environmental, natural resource and other impacts, and required mitigation.
B. Additional Information. In addition to the general information described in subsection (A) of this section, the concept plan, data, and narrative shall include the following exhibits and information:
1. Existing conditions map, as defined in SDC 4.2.500, Design review – Application submission requirements;
2. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);
3. Grading concept (for hillside or sloping properties, or where extensive grading is anticipated), consistent with the hillside protection overlay, as applicable;
4. Landscape concept (e.g., shows retention of existing vegetation and general planting areas);
5. Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);
6. Sign concept plan (e.g., locations, general size, style and materials of signs); and
7. Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.). (Ord. 08-06 § 3, 2008)
4.5.150 Planned development – Concept plan review criteria.
The city shall consider the following review criteria and may approve, approve with conditions, or deny a planned development concept plan based on the following; the applicant shall bear the burden of proof.
A. Comprehensive Plan. All relevant provisions of the comprehensive plan are met;
B. Land Division Chapter. All of the requirements for land divisions, including requirements for pre-planning large sites under SDC 4.3.112;
C. Article 2 and Article 3 Standards. All of the land use, development, and design standards contained in Articles 2 and 3 are met, except as may be modified in SDC 4.5.130.
D. Open Space. Master plans shall contain a minimum of 15 percent usable common open space. Common open space shall be integral to the master plan. Plans shall emphasize public gathering places such as plazas, neighborhood parks, trails, and other publicly accessible spaces that integrate land use and transportation and contribute toward a sense of place. Where public or common private open space is designated, the following standards apply:
1. The open space area shall be shown on and recorded with the final plat; and
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication must be acceptable to the community development director with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;
b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.5.160 Planned development – Administrative procedures.
A. Time Limit on Filing of Detailed Development Plan. Within three years after the date of approval of the concept plan, the applicant or his or her successor shall file with the city a detailed development plan, in conformance with SDC 4.5.170 and 4.5.180.
B. Extension. The city may, upon written request by the applicant and payment of the required fee, grant an extension of the approval not to exceed one year; provided, that:
1. No changes have been made on the original conceptual development plan as approved;
2. The applicant can show intent of applying for detailed development plan review within the one-year extension period;
3. There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based; and
4. The extension request is made before expiration of the original approval period. (Ord. 08-06 § 3, 2008)
4.5.170 Planned development – Detailed development plan submission requirements.
The contents of the detailed development plan shall follow the requirements specified for a conceptual plan incorporating any conditions of approval for the conceptual plan as well as contain the following:
A. Location and floor area of existing and proposed structures and other improvements, including maximum heights, building types, and gross density per acre (for residential developments) and location of fire hydrants, overhead lines in the abutting right-of-way, easements and walkways;
B. Typical elevations of buildings and structures (which may be submitted on additional sheets) sufficient to indicate the architectural intent and character of the proposed development;
C. Landscape plan drawn to scale showing location of existing trees and vegetation proposed to be removed from or to be retained on the site, location and design of landscape areas, varieties and sizes of trees and plant materials to be planted, other landscape features including walls and fences, and irrigation systems required to maintain plant materials;
D. Detailed utilities plan indicating how sanitary sewer, storm sewer, drainage, and water systems will function;
E. Circulation plan showing street, driveway, parking area, service area, loading area, pedestrian way, and bikeway improvements and their dimensions;
F. Location and dimensions of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic areas;
G. Exterior lighting plan indicating the location, size, height, typical design, material, color, and method and direction of illumination.
The detailed development plan may combine land division, development review, design review, and/or other applications for concurrent review and approval. The detailed development plan shall be reviewed using a Type III procedure. (Ord. 08-06 § 3, 2008)
4.5.180 Planned development – Detailed development plan review criteria.
The city shall approve the detailed development plan upon finding that the final plan conforms to the concept plan and required conditions of approval. If the detailed plan request combines other land use and development applications, as provided in this section, those applications shall additionally be subject to the applicable review criteria in Article 4. Minor changes to the approved concept plan may be approved with the detailed plan, when the review body finds that the modification(s) is/are consistent with the criteria in subsections (A) through (H) of this section. Changes exceeding those in subsections (A) through (H) of this section must be reviewed as major modifications under Chapter 4.6 SDC.
A. Increased residential densities (overall or reallocated between development phases) by no more than 10 percent from the concept plan, provided such increase conforms to the comprehensive plan and underlying district;
B. Increase in lot coverage or impervious surface (overall or reallocated between development phases) by no more than 10 percent over that which is approved;
C. Reduction in open space or landscaping by no more than 10 percent;
D. Increase in overall automobile parking spaces by no more than 10 percent;
E. Land Use. No change in land use shall be permitted without a major modification to the concept plan;
F. Proposals to add or increase lot coverage within areas subject to a potential hazard or requiring protection under the comprehensive plan shall require a major modification to the concept plan;
G. Major changes in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall require a major modification pursuant to Chapter 4.6 SDC. “Major” in this subsection means by more than 100 feet, or 10 percent, relative to setbacks; and
H. Other substantial modifications not listed in subsections (A) through (G) of this section shall require approval of a major modification, in conformance with Chapter 4.6 SDC. (Ord. 08-06 § 3, 2008)
4.5.190 Planned development – Land use review, design review, final plat, and building permit approvals.
A. Land Use and Design Reviews. For projects requiring land use or design review, all such approvals must be final and appeal periods expired before the city issues building permits. Chapter 4.2 SDC applies to design review.
B. Land Divisions. For projects requiring a land division, the preliminary land division plats must be final and appeal periods expired before a final plat is approved and building permits issued. Chapter 4.3 SDC applies to land divisions.
C. Streamlined Review Option. Applications for preliminary land division plats, land use reviews, and design review applications that are part of an approved planned development may be reviewed using a Type II procedure, rather than the conventional Type III procedure. This shall be the applicant’s option. The variation from the standard procedures of Chapter 4.2 SDC, Land Use Review and Design Review, and Chapter 4.3 SDC, Land Divisions and Property Line Adjustments, is intended to streamline review of projects that have received planned development approvals, since those projects have previously been subject to public review and hearings. (Ord. 08-06 § 3, 2008)
4.5.200 Nullification of an approved planned development.
A. Property owner(s) or their authorized agents may apply to nullify an approved planned development (conceptual or detailed) by filing an application form provided by the director through a Type III procedure.
B. The burden of proof is on the applicant to justify nullification of an approved planned development (conceptual or detailed) by giving substantial evidence that:
1. Developing the property under conventional zoning standards and regulations will not create nonconforming development;
2. Special circumstances such as building relationships, drainage ways, public improvements, topography, etc., that were to be addressed through the planned development process can be dealt with as effectively through conventional standards;
3. Conditions of approval attached by the hearing authority to the approved planned development can be met or are no longer necessary; and
4. Prior commitments arising from the planned development approval involving the subject property or impacting adjacent properties or city interests (i.e., sewer, water, streets, parks, drainage or other interests) will not be adversely affected by the nullification. In the case of density transfers, phasing of public infrastructure, provisions of open space and/or recreational amenities, the nullification may not provide a greater benefit or burden than would have remained had the planned development not been approved and utilized.
C. Action. The approval body may approve or deny a planned development nullification. (Ord. 08-06 § 3, 2008)