Chapter 17.148
PLANNED DEVELOPMENT Amended Ord. 3305
Sections:
17.148.020 Administration and approval process.
17.148.030 Expiration of approval – Standards for extension of time. Amended Ord. 3305
17.148.040 Noncompliance – Bond.
17.148.050 Applicability of zone as condition of approval.
17.148.060 Planned development allowed and disallowed.
17.148.070 Applicability and allowed uses.
17.148.080 Applicability of the base zone provisions.
17.148.090 Applicability of site development review chapter.
17.148.100 Phased development.
17.148.110 Application submission requirements – Preliminary development plan.
17.148.120 Approval standards.
17.148.140 Additional information required and waiver of requirements.
17.148.160 Grading and drainage plan.
17.148.170 The landscape plan.
17.148.190 Exceptions to underlying zone, yard, parking, sign and landscaping provisions.
17.148.010 Purpose.
The purposes of the planned development overlay zone are:
(1) To provide a means for creating planned environments through the application of flexible standards which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement;
(2) To facilitate the efficient use of land;
(3) To promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
(4) To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site; and
(5) To encourage development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments. (Ord. 2875 § 1.180.010, 2003)
17.148.015 The process.
(1) The planned development designation is an overlay zone applicable to all zones.
(2) There are three elements to the planned development approval process and the elements are as follows:
(a) The recommendation of approval by the planning commission of the planned development overlay zone and the subsequent approval by the city council;
(b) The approval by the planning commission of the preliminary planned development plan; and
(c) The approval by the director of the final detailed development plan.
(3) The planned development overlay zone shall be processed in the same manner as a zone change under the provisions of SHMC 17.24.090(3)(o), Approval authority responsibilities, except in the situation where zone change is part of a legislative rezoning. In the case of an existing planned development overlay zone for a subdivision, conditional use or site development review application, the proposal shall be reviewed by the commission. In the case of an existing planned development overlay zone for any other type of application, the application shall be reviewed under the provisions required in the chapters which apply to the particular land use application.
(4) The application for the overlay zone and for approval of the preliminary development plan may be heard concurrently if an application for each of the actions is submitted.
(5) If the application involves subdivision of land, the applicant may apply for preliminary plat approval and the applications shall be heard concurrently.
(6) The application for the preliminary development plan shall satisfy all of the requirements of SHMC 17.148.110. The applicant may file for exceptions under the provision of SHMC 17.148.190.
(7) The application for the detailed development plan shall satisfy all of the requirements of SHMC 17.148.020(7).
(8) The applicant can file for an overlay zone, or overlay plus preliminary planned development, or overlay zone and subdivision preliminary plat. (Ord. 2875 § 1.180.015, 2003)
17.148.020 Administration and approval process.
(1) The applicant for a planned development overlay zone may be as provided by SHMC 17.24.020. The applicant for the preliminary plan and detailed plan shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) A preapplication conference with city staff is required (see SHMC 17.24.040).
(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months:
(a) Another preapplication conference is required if any planned development application is submitted six months after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria, or requirements of the applications.
(4) Notice of the planned development proceeding before the commission shall be given as required by SHMC 17.24.130.
(5) Action on the application shall be in accordance with Chapter 17.24 SHMC and the following:
(a) The commission shall make a recommendation per planned development overlay zone application to city council for their final decision;
(b) Unless otherwise provided by this code, the commission shall hold a public hearing and approve, approve with conditions, or deny the application for subdivision or development plan based on findings related to the applicable criteria set forth in SHMC 17.148.120; and
(c) A decision on subdivision or development plan by the commission may be reviewed by the council as provided by SHMC 17.24.310(2).
(6) Where a planned development overlay zone has been approved, the development zoning district map shall be amended to indicate the approved planned development designation for the subject development site.
(7) Within one and one-half years after the date of commission approval of the preliminary development plan, the owner shall prepare and file with the director a detailed, final development plan. Action on the detailed development plan shall be ministerial and taken by the director, and:
(a) The director shall approve the detailed, final development plan upon finding that the final plan conforms with the preliminary development plan approved, or approved with conditions, by the commission. The final plan shall be approved unless the director finds:
(i) The change increases the residential densities, the lot coverage by buildings or reduces the amount of parking;
(ii) The change reduces the amount of open space and landscaping;
(iii) The change involves a change in use;
(iv) The change commits land to development which is environmentally sensitive or subject to a potential hazard; and
(v) The change involves a major shift in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping, or other site improvements;
(b) A decision by the director may be appealed by the applicant or other affected/approved parties to the commission and the commission shall decide whether the detailed, final development plan substantially conforms to the approved preliminary development plan based on the criteria set forth in subsection (7)(a) of this section:
(i) The decision shall be based on testimony from the applicant and the staff exclusively; and
(ii) No notice shall be required except as required by SHMC 17.24.120.
(8) Substantial modifications made to the approved preliminary development plan shall require a new application. (Ord. 2875 § 1.180.020, 2003)
17.148.030 Expiration of approval – Standards for extension of time. Amended Ord. 3305
(1) The approval of the planned development overlay zone shall not expire.
(2) The preliminary development plan approval by the commission shall lapse if a detailed development plan proposal has not been submitted for approval within the one-and-one-half-year period or unless an extension of time is granted.
(3) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:
(a) No changes have been made on the original preliminary development plan as approved by the commission;
(b) The applicant can show intent of applying for detailed development plan review within the one-year extension period; and
(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(4) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310(1). (Ord. 2875 § 1.180.030, 2003)
17.148.040 Noncompliance – Bond.
(1) Noncompliance with an approved detailed development plan shall be a violation of this chapter.
(2) The development shall be completed in accordance with the approved detailed development plan including landscaping and recreation areas before any occupancy permits are issued, except that:
(a) When the director determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the director shall, as a precondition of the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the feature at a time certain not to exceed one year. (Ord. 2875 § 1.180.040, 2003)
17.148.050 Applicability of zone as condition of approval.
An approval authority may apply the provisions of this chapter as a condition of approving any application for a commercial or industrial development. (Ord. 2875 § 1.180.050, 2003)
17.148.060 Planned development allowed and disallowed.
(1) A planned development shall not be allowed on any lands, with less than a two-acre minimum, shown on the comprehensive plan map as “developing areas” (SHMC 17.112.030).
(2) A planned development shall not be allowed in residential zones located in areas designated as “established areas” on the comprehensive plan map, except the commission may approve a planned development within an “established area” where the commission finds:
(a) Development of the land in accordance with the provisions of the “established area” would:
(i) Result in an inefficient use of land;
(ii) Result in removing significant natural features; or
(iii) Result in a change of the character of the area surrounding a significant historic feature or building;
(b) The planned development approach is the most feasible method of developing the area; and
(c) The site is of a size and shape that the compatibility provisions of Chapter 17.56 SHMC can be met. (Ord. 2875 § 1.180.060, 2003)
17.148.070 Applicability and allowed uses.
(1) In addition to the use allowed outright in an underlying residential zone the following uses are allowed outright where all other applicable standards are met:
(a) Community building;
(b) Indoor recreation facility, athletic club, fitness center, racquetball court, swimming pool, tennis court, or similar use;
(c) Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and
(d) Recreational vehicle storage area.
(2) In all commercial and industrial planned developments the uses permitted outright shall comply with the underlying zoning district. (Ord. 2875 § 1.180.070, 2003)
17.148.080 Applicability of the base zone provisions.
(1) The provisions of the base zone are applicable as follows:
(a) Lot Dimensional Standards. The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 17.56 SHMC;
(b) Site Coverage. The site coverage provisions of the base zone shall apply;
(c) Building Height. The building height provisions shall not apply except within 100 feet of an “established area”; and
(d) Structure Setback Provisions.
(i) Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 17.96 SHMC;
(ii) The side yard setback provisions shall not apply except that all detached structures shall meet the applicable building code (as administered by the building official) requirements for fire walls; and
(iii) Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that:
(A) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street;
(B) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided.
(2) All other provisions of the base zone shall apply except as modified by this chapter. (Ord. 3164 § 3 (Att. B), 2012; Ord. 2875 § 1.180.080, 2003)
17.148.090 Applicability of site development review chapter.
The provisions of Chapter 17.96 SHMC shall apply to all uses except as provided by Chapter 17.96 SHMC. (Ord. 2875 § 1.180.090, 2003)
17.148.100 Phased development.
(1) The commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for preliminary development plan review.
(2) The criteria for approving a phased detailed development plan proposal are that:
(a) The public facilities shall be constructed in conjunction with or prior to each phase; and
(b) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A temporary public facility is any facility not constructed to the applicable city or district standard. (Ord. 2875 § 1.180.100, 2003)
17.148.110 Application submission requirements – Preliminary development plan.
(1) All applications shall be made on forms provided by the director and shall be accompanied by:
(a) Eight copies of the preliminary development plan(s) and necessary data or narrative which explains how the development conforms to the standards:
(i) Sheet size for the preliminary development plan(s) and required drawings shall preferably not exceed 18 inches by 24 inches; and
(ii) The scale for a preliminary development plan shall be an engineering scale; and
(b) The required fee.
(2) The required information may be combined and does not have to be placed on separate maps.
(3) The preliminary development plan, data, and narrative shall include the following:
(a) Existing site conditions, SHMC 17.148.130;
(b) A site concept, SHMC 17.148.150;
(c) A grading concept, SHMC 17.148.160;
(d) A landscape concept, SHMC 17.148.170;
(e) A sign concept, SHMC 17.148.180; and
(f) A copy of all existing or proposed restrictions or covenants. (Ord. 2875 § 1.180.110, 2003)
17.148.120 Approval standards.
The approving authority shall make findings that the following criteria are satisfied when approving or approving with conditions, or the criteria are not satisfied when denying an application:
(1) All the provisions of the land division provisions, Chapters 17.136 and 17.140 SHMC, et seq., shall be met;
(2) The provisions of the following chapters shall also be met:
(a) Chapter 17.56 SHMC, Density Computations;
(b) Chapter 17.48 SHMC, Solar Access Requirements;
(c) Chapter 17.64 SHMC, Additional Yard Setback Requirements and Exceptions;
(d) Chapter 17.68 SHMC, Building Height Limitations – Exceptions;
(e) Chapter 17.72 SHMC, Landscaping and Screening;
(f) Chapter 17.76 SHMC, Visual Clearance Areas;
(g) Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements;
(h) Chapter 17.84 SHMC, Access, Egress, and Circulation;
(i) Chapter 17.88 SHMC, Signs; and
(j) Chapter 17.124 SHMC, Accessory Structures;
(3) In addition, the following criteria shall be met:
(a) Relationship to the Natural and Physical Environment.
(i) The streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible (justification required);
(ii) Structures located on the site shall not be in areas subject to ground slumping and sliding;
(iii) There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection;
(iv) The structures shall be oriented with consideration for the sun and wind directions, where possible; and
(v) Trees with a six-inch caliper measured at four feet in height from ground level shall be saved where possible (justification required to cut down trees);
(b) Buffering, Screening, and Compatibility between Adjoining Uses.
(i) Buffering shall be provided between different types of land uses (for example, between single-family and multiple-family residential, and residential and commercial);
(ii) In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 17.72 SHMC:
(A) The purpose of the buffer, for example, to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier;
(B) The size of the buffer needs in terms of width and height to achieve the purpose;
(C) The direction(s) from which buffering is needed;
(D) The required density of the buffering; and
(E) Whether the viewer is stationary or mobile;
(iii) On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on rooftops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening:
(A) What needs to be screened;
(B) The direction from which it is needed; and
(C) Whether the screening needs to be year-round;
(c) Privacy and Noise. Nonresidential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise;
(d) Private Outdoor Area – Residential Use.
(i) In addition to the requirements of subsection (3)(d)(iii) of this section, each ground level residential dwelling unit shall have an outdoor private area (patio, terrace, porch) of not less than 48 square feet;
(ii) Wherever possible, private outdoor open spaces should be oriented toward the sun; and
(iii) Private outdoor spaces shall be screened or designed to provide privacy for the use of the space;
(e) Shared Outdoor Recreation Areas – Residential Use.
(i) In addition to subsections (3)(e)(ii) and (iii) of this section each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows:
(A) Studio units up to and including two-bedroom units, 200 square feet per unit; and
(B) Three- or more bedroom units, 300 square feet per unit;
(ii) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety;
(iii) The required recreation space may be provided as follows:
(A) It may be all outdoor space; or
(B) It may be part outdoor space and part indoor space; for example, an outdoor tennis court and indoor recreation room; or
(C) It may be all public or common space; or
(D) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room, and balconies on each unit; or
(E) Where balconies are added to units, the balconies shall not be less than 48 square feet;
(f) Access and Circulation.
(i) The number of allowed access points for a development shall be as provided in Chapter 17.84 SHMC;
(ii) All circulation patterns within a development must be designed to accommodate emergency vehicles; and
(iii) Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan;
(g) Landscaping and Open Space.
(i) Residential Development. In addition to the requirements of subsections (3)(d) and (e) of this section, a minimum of 20 percent of the site shall be landscaped;
(ii) Commercial Development. A minimum of 15 percent of the site shall be landscaped; and
(iii) Industrial Development. A minimum of 15 percent of the site shall be landscaped;
(h) Signs.
(i) In addition to the provisions of Chapter 17.88 SHMC, Signs:
(A) Location of all signs proposed for the development site; and
(B) The signs shall not obscure vehicle drivers’ sight distance;
(i) Parking.
(i) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 17.80 SHMC;
(ii) Up to 50 percent of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space;
(j) Drainage. All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 17.44 SHMC and the criteria in the adopted 1999 master drainage plan. (Ord. 2875 § 1.180.120, 2003)
17.148.130 Site conditions.
(1) The site analysis shall include:
(a) A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrianways and bikeways, and utility access;
(b) The parcel boundaries, dimensions, and gross area;
(c) Contour lines at two-foot intervals for slopes from zero to 10 percent and five-foot intervals for slopes over 10 percent;
(d) The drainage patterns and drainage courses on the site and on adjacent lands;
(e) Potential natural hazard areas including:
(i) Floodplain areas;
(ii) Areas having a high seasonal water table within zero to 24 inches of the surface for three or more weeks of the year;
(iii) Unstable ground (areas subject to slumping, earth slides or movement). See Soil Conservation Service maps;
(iv) Areas having a severe soil erosion potential; and
(v) Areas having severe weak foundation soils;
(f) Resource areas including:
(i) Wetland areas; and
(ii) Wildlife habitat areas identified by the city in its comprehensive plan;
(g) Site features including:
(i) Large rock outcroppings;
(ii) Areas having unique views; and
(iii) Streams and stream corridors;
(h) The location of trees having a six-inch caliper at four feet and, where the site is heavily wooded, an aerial photograph at the same scale as the site analysis may be submitted and only those trees that will be affected by the proposed development need to be sited accurately;
(i) The location and type of noise sources.
(2) Where the site is subject to landslides or other potential hazard, a soils and engineering geologic study based on the proposed project shall be submitted which shows the area can be made suitable for the proposed development. (Ord. 2875 § 1.180.130, 2003)
17.148.140 Additional information required and waiver of requirements.
(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080(1).
(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2) and (3). (Ord. 2875 § 1.180.140, 2003)
17.148.150 Detailed plan.
The site plan shall be at the same scale as the site conditions, and shall show the following:
(1) The applicant’s entire property and the surrounding property to a distance sufficient to determine the relationship between the applicant’s property and proposed development and adjacent property and development;
(2) Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot lines, section lines, corners, and monuments;
(3) The location of at least one temporary benchmark and contours as provided by SHMC 17.148.130(1)(c);
(4) Identification information, including the name and address of the owner, developer, and project designer, and the scale and north arrow;
(5) The location, dimensions, and names of all:
(a) Existing and platted streets and other public ways, railroad tracks and crossings, and easements on adjacent property and on the site; and
(b) Proposed streets or other public ways and easements on the site;
(6) The location, dimensions and setback distances of all:
(a) Existing structures, improvements, utility and drainage facilities on adjoining properties;
(b) Existing structures, improvements, utility and drainage facilities to remain on the site; and
(c) Proposed structures, improvements, utility and drainage facilities on the site;
(7) The location and dimensions of:
(a) The entrances and exits to the site;
(b) The parking and circulation areas;
(c) Pedestrian and bicycle circulation areas;
(d) On-site outdoor recreation spaces and common areas; and
(e) Above ground utilities;
(8) The location of areas to be landscaped; and
(9) The location and type of street lighting with specific consideration given to crime prevention. (Ord. 2875 § 1.180.150, 2003)
17.148.160 Grading and drainage plan.
The grading and drainage plan shall be at the same scale as the site conditions and shall include the following:
(1) The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals;
(2) A statement from a registered engineer supported by factual data that all drainage facilities are designed in conformance with the city’s master drainage plan. This shall be reviewed by the city engineer; and
(3) Identification information including the name and address of the owner, developer, project designer, and the project engineer. (Ord. 2875 § 1.180.160, 2003)
17.148.170 The landscape plan.
(1) The landscape plan shall be prepared on the site plan and in addition shall show:
(a) The conceptual location of the underground irrigation system or hose bibs where applicable;
(b) The location and height of fences and other buffering or screening materials;
(c) The location, size, and species of existing plant materials;
(d) General location and function of proposed plant materials (buffer, shading, cover, etc.); and
(e) The location of trees to be removed.
(2) The landscape plan shall be accompanied by a narrative description of:
(a) The soil conditions and plant selection requirements relating to the soil conditions;
(b) Plans for soil treatment such as stockpiling the top soil; and
(c) The erosion controls which will be used if necessary. (Ord. 2875 § 1.180.170, 2003)
17.148.180 Sign drawings.
Specify location and size. (Ord. 2875 § 1.180.180, 2003)
17.148.190 Exceptions to underlying zone, yard, parking, sign and landscaping provisions.
(1) The commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone based on findings that:
(a) The minor exception is not greater than 10 percent of the required parking; and
(b) The application is for a use designed for a specific purpose which is intended to be permanent in nature (for example, a nursing home) and which has a low demand for off-street parking; or
(c) There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement; or
(d) Public transportation is available to the site, reducing the standards, and will not adversely affect adjoining uses; or
(e) There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards.
(2) The commission may grant an exception to the sign dimensional requirements in the applicable zone based on findings that:
(a) The minor exception is not greater than 10 percent of the required applicable dimensional standard for signs;
(b) The exception is necessary for adequate identification of the use on the property; and
(c) The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties.
(3) The commission may grant an exception to the landscape requirements of this code upon a finding that:
(a) The overall landscape plan provides for 20 percent of the gross site area to be landscaped. (Ord. 2875 § 1.180.190, 2003)
17.148.200 Shared open space.
Where the open space is designated on the plan as common open space the following applies:
(1) The open space area shall be shown on the final plan and recorded with the director; 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 as open space. Open space proposed for dedication to the city must be acceptable to it with regard to the size, shape, location, improvement, and budgetary and maintenance limitations;
(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 instrument of conveyance must include provisions suitable to the city attorney for guaranteeing the following:
(i) The continued use of such land for the intended purposes;
(ii) Continuity of property maintenance;
(iii) When appropriate, the availability of funds required for such maintenance;
(iv) Adequate insurance protection; and
(v) Recovery for loss sustained by casualty and condemnation or otherwise;
(c) By any method which achieves the objectives set forth in subsection (2) of this section. (Ord. 2875 § 1.180.200, 2003)