Chapter 22.76
PLANNED DEVELOPMENTS
Sections:
22.76.005 Criteria for planned development approval.
22.76.006 Application procedures.
22.76.007 Submittal requirements.
22.76.008 Amendment of development plan.
22.76.009 Processing of associated permits.
22.76.010 Submittal of final development plan.
22.76.011 Duration of a preliminary development plan approval.
22.76.012 Revocation of a final development plan approval.
22.76.014 Limitation on refiling of application.
22.76.017 Maintenance requirements.
22.76.020 Development and design standards.
22.76.001 Purpose.
The purpose of this chapter is to establish procedures for the review of residential planned developments. The planned development review process is intended to enable the review authority to evaluate development plans with respect to neighborhood compatibility, environmental sensitivity, architectural design, landscape design, urban form, pedestrian and vehicular circulation, utility design, recreation and open space needs, site characteristics and the extent to which the community’s housing needs are met by the proposal. The process allows the appropriate review authority (city council, hearing examiner, or director) to condition development proposals to ensure their compatibility with adjoining uses, compliance with development regulations, and conformance with comprehensive plan goals, objectives and policies. The process is intended to run concurrently with the administrative design review process to ensure that all critical design issues are addressed early in the site planning and review stages of project development. The process is also intended to run concurrently with the short plat or preliminary and final plat review processes. (Ord. 1638 § 50, 2019; Ord. 1246 § 24, 2000).
22.76.002 Intent.
The intent of the planned development regulations is:
(a) To permit greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations, when such design is required for new development in specified zoning districts;
(b) To promote urban infilling and more economical and efficient use of land;
(c) To cluster development in order to preserve significant wildlife habitat and take the greatest possible advantage of existing topography and other natural features to promote environmental and aesthetic goals by optimizing siting, orientation, layout and design of structures to protect natural vegetation, wetlands, drainage areas, slopes and other natural features;
(d) To provide more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures;
(e) To provide a variety of housing choices and a high level of urban amenities which contribute to a strong sense of community;
(f) To ensure that new development is compatible with adjoining neighborhoods and existing and potential future land uses within the community; and
(g) To ensure that the design of the development is exemplary and the amenities to be provided are substantially greater than minimum standards of the underlying zoning district would otherwise require. (Ord. 1246 § 24, 2000).
22.76.003 Authority.
The city council may approve, approve with conditions, modify and approve with conditions, or deny, a preliminary development plan for a planned development. The director may approve, approve with conditions, modify and approve with conditions, or deny, a final development plan for a planned development. (Ord. 1246 § 24, 2000).
22.76.004 Applicability.
The provisions of this chapter shall apply to R-4-C, R-8, and R-10-TCD zoning districts, and to uses which may be authorized through a planned development review process. Any proposal to modify a development that was authorized through an alternative procedure prior to the establishment of this chapter shall be considered through the site plan approval process in Chapter 22.72 FMC unless the applicant requests approval of a development plan for a modified proposal under this chapter. (Ord. 1246 § 24, 2000).
22.76.005 Criteria for planned development approval.
Before a development plan approval may be granted, the review authority shall adopt written findings showing that the following criteria are met by the proposal:
(a) The proposed development is consistent with the intent of this chapter as articulated in FMC 22.76.002.
(b) The proposed development is in substantial conformance with the Comprehensive Plan.
(c) Any exceptions from the standards of the underlying zoning district are warranted by the design and amenities incorporated in the development plan and program.
(d) The approval will result in a superior design which could not be achieved under conventional zoning regulations or another zoning district.
(e) The system of ownership and means of developing, preserving and maintaining open space, recreational facilities and other common amenities is suitable and feasible.
(f) For final development plans, the proposed design is in substantial conformance with the preliminary development plan and satisfies all conditions of preliminary development approval. (Ord. 1246 § 24, 2000).
22.76.006 Application procedures.
The processing of an application for a planned development requires a three-step review. The hearing examiner shall conduct an open record public hearing and forward the hearing examiner’s recommendations to the city council on a preliminary development plan, which is classified as a Type III-B application. The city council shall conduct a closed record public hearing and consider the recommendations of the hearing examiner before taking action on a preliminary development plan. The director shall conduct an administrative review of a final development plan, which is classified as a Type II application. The processing procedures for these applications are described in Chapters 22.05, 22.06, 22.07, 22.08, 22.09 and 22.10 FMC. (Ord. 1638 § 51, 2019; Ord. 1246 § 24, 2000).
22.76.007 Submittal requirements.
(a) Application for preliminary development plan review shall be submitted on forms provided by the department. A minimum of two sets of plans, materials and other applicable information specified below and in FMC 22.06.002 shall be submitted with the application in clear and intelligible form:
(1) Documentation listed in FMC 22.72.009 (site plan submittal requirements);
(2) Description of proposed phasing;
(3) Design guidelines generated by the applicant for the project;
(4) Critical area analyses and reports;
(5) Preliminary or short plat submittals; and
(6) Description of specific development standards to be applied to the project, including building heights, building setbacks and build-to lines, individual lot sizes and lot dimensions, and similar provisions.
(b) The director may waive the submittal requirement for any of the items listed in subsection (a) of this section when, in the discretion of the director, the item is inapplicable or unnecessary for the review authority to complete the preliminary development plan review. In such case, the director shall provide the hearing examiner with a list of the items waived for submittal. The director may also require the applicant to submit additional information or material which it finds is necessary for the proper review and hearing of the application.
(c) Application for final development plan review shall be on forms provided by the department. The applicant shall submit the documentation identified by the director as being necessary for the proper review of the application based on the conditions imposed by the review authority during the preliminary development plan review process and issues identified subsequent to the approval of the preliminary development plan. (Ord. 1638 § 52, 2019; Ord. 1246 § 24, 2000).
22.76.008 Amendment of development plan.
(a) An applicant may request an amendment to a previously approved preliminary or final development plan by submitting to the department accurate plans which clearly identify the proposed changes to the approved design. The director may determine that:
(1) The proposed amendment is exempt from further review because it represents a minor change from the previously approved preliminary or final development plan and the criteria listed in FMC 22.76.005 continue to be met;
(2) The proposed amendment is subject to additional administrative review because it represents a major change to the final development plan previously approved by the director; or
(3) The proposed amendment is subject to additional hearing examiner and city council review because it represents a major change to the preliminary development plan previously reviewed by the hearing examiner and approved by the city council.
(b) Major amendments are those which substantially change the character, basic design, density, open space or other requirements or conditions of the development plan. Minor amendments are those which may affect the precise dimensions or siting of buildings (i.e., lot coverage, building height, setbacks, etc.), but which do not affect the basic character or arrangement and number of buildings approved in the preliminary or final development plan, nor the density of the development or the amount and quality of open space and landscaping. Such dimensional adjustments shall not vary more than 10 percent from the original plan approved by the city. Minor amendments also include on-site adjustments which may affect the design and placement of circulation and utility facilities and other improvements, provided they do not substantially change the character, basic design, density, open space or other requirements or conditions of the development plan.
(c) An amendment request which has been determined to be subject to additional review shall be processed using the same procedures applicable to the initial development plan review process. The review authority may impose conditions on the proposed amendment to ensure that the intent and conditions of the original approval are met. Deviations from an approved development plan are not permitted unless an applicant first obtains approval in accordance with this section. (Ord. 1638 § 53, 2019; Ord. 1246 § 24, 2000).
22.76.009 Processing of associated permits.
(a) When any parcel of land in a planned development is intended for individual ownership or sale, the platting and procedural requirements of this title and applicable state laws pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed. Applications for preliminary or short plat approval shall be submitted simultaneously, and processed concurrently, with applications for preliminary development plan approval.
(b) When a conditional use listed in the underlying zoning district is authorized under the preliminary development plan review process, the procedure for reviewing a conditional use permit process shall be waived. When a conditional use listed in the underlying zoning district is proposed subsequent to the granting of a preliminary development plan approval, the conditional use permit procedures in Chapter 22.68 FMC shall apply.
(c) An approved preliminary development plan is classified as an amendment to the official zoning map. The procedure for reviewing a zoning map amendment as a separate application shall be waived. A reference to the appropriate city council ordinance approving the preliminary development plan and its effective date shall be placed on the official zoning map. (Ord. 1246 § 24, 2000).
22.76.010 Submittal of final development plan.
The applicant shall submit a final development plan for administrative approval within three years of the effective date of preliminary development plan approval. The director shall approve the final development plan after finding that the final development plan has been completed in accordance with the provisions of the preliminary development plan approval, that all required improvements have been completed or arrangements or contracts have been entered into to guarantee that the required improvements will be completed, and that the interests of the city are fully protected. (Ord. 1246 § 24, 2000).
22.76.011 Duration of a preliminary development plan approval.
In the event that a complete final development plan application has not been submitted within three years from the effective date of preliminary development plan approval, the preliminary approval shall automatically become null and void; provided, however, that for good cause, the hearing examiner may grant a one-time extension of one year if an extension request is filed with the department no less than 45 days prior to the date of expiration for the preliminary development plan approval. A properly filed application for a time extension shall stay the effective date of expiration until action on the request has become final. The process for taking action on the request shall be the same used for the original preliminary development plan application at the hearing examiner level of review. Before taking action to grant an extension, the hearing examiner shall adopt written findings showing that the following circumstances exist:
(a) The proposal approved under the terms of the preliminary development plan approval originally granted remains in conformance with current development standards contained in this title. (If the proposal would no longer conform to this title as a result of more restrictive standards being adopted subsequent to the original approval, the hearing examiner may consider a modified proposal which would comply with the more restrictive standards.)
(b) The findings adopted in support of the original preliminary development plan remain valid and supportive of the time extension request. (Ord. 1638 § 54, 2019; Ord. 1246 § 24, 2000).
22.76.012 Revocation of a final development plan approval.
In the event that a final development plan has been granted approval and it appears that the project is not progressing in a reasonable and consistent manner or the project has been abandoned, action may be initiated pursuant to Chapter 22.96 FMC to revoke the planned development approval. When revocation has been enacted upon a planned development, the zoning map amendment authorized through the preliminary development plan review process shall be revoked and the zoning classification returned to its original status. (Ord. 1246 § 24, 2000).
22.76.013 Phasing.
If a planned development is to be developed in phases, the project as a whole shall be portrayed on the preliminary development plan, and each phase shall individually receive final development plan approval pursuant to the procedures in this title. Those portions of the planned development which have received preliminary development plan approval but which have not yet received final development plan approval shall be subject to the permit expiration provisions of FMC 22.76.010. (Ord. 1246 § 24, 2000).
22.76.014 Limitation on refiling of application.
No application for a preliminary development plan shall be accepted for filing by the director within one year following final action in denying an application for a preliminary development plan approval for the same or substantially the same purpose or property. The director shall deem an application to be substantially the same as the preliminary development plan application denied if the use to which the property is proposed to be put is the same or substantially the same as that which was considered and disallowed by the earlier final action. (Ord. 1246 § 24, 2000).
22.76.015 Permits.
(a) Engineering permits may be issued for development within a planned development prior to final development plan approval, provided that:
(1) The improvements will be consistent with the preliminary development plan approval;
(2) The improvements will be constructed in conformance with all applicable development standards;
(3) All required improvements have been completed or arrangements or contracts have been entered into to guarantee that the required improvements will be completed for the phase of the project involved; and
(4) Partial or complete construction of improvements shall not relieve the developer from, nor impair city enforcement of, conditions of preliminary development plan approval.
(b) Building permits shall not be issued for any structure within a planned development prior to the approval of a final development plan. (Ord. 1246 § 24, 2000).
22.76.016 Open space.
(a) Open space is considered an essential component of a planned development which supports the intent of this chapter as articulated in FMC 22.76.002. Open space shall be provided in a manner consistent with the specifications of the underlying zoning district. The proportion of private and public open space and the amount of land area devoted to common open space and common active recreational areas shall be determined through the preliminary development plan review process. For the purposes of this chapter, the following descriptions shall apply:
(1) Common Open Space. Common open space consists primarily of large usable areas which may include, but are not limited to sensitive area management tracts, wetland buffers, stormwater facilities, buffer yards, public space, landscaped or natural areas, recreational areas or an area for a recreation/socialization facility.
(2) Common Active Recreational Areas. Common active recreational areas include, but are not limited to pedestrian trails, pools, child play areas, improved picnic areas and recreational buildings. Common recreational facilities, such as trails, play fields, community centers, sport courts and picnic areas should be provided when determined by the city to be appropriate for the site and its intended use. A common facility or open space should be an integral part of a planned development by being centrally located and accessible to all occupants, and having buildings facing, rather than backing, onto it.
(b) Open space and active recreational areas which are to be available for the common use of the residents of the planned development shall be either:
(1) Owned in common and maintained by the property owners within the framework of a homeowner’s association or comparable body; or
(2) Conveyed to a public agency that will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it. (Ord. 1246 § 24, 2000).
22.76.017 Maintenance requirements.
Property within a planned development which is individually owned shall be maintained by the property owner. The maintenance of any common property shall be the responsibility of all property owners within the development. Required maintenance of any common facilities, including but not limited to common private streets and alleys, parking, circulation areas, open spaces, trails and stormwater facilities, shall be ensured by covenants approved by the city. Failure to maintain any common area or amenity shall be considered a violation of this title. (Ord. 1246 § 24, 2000).
22.76.018 Guarantees.
Before approval of a final development plan may be granted, the applicant shall submit to the city all necessary covenants, deeds and/or association by-laws and other documents guaranteeing maintenance, construction, common fee ownership, if applicable, of open space, community facilities, stormwater facilities, private roads and alleys, and all other commonly owned and operated property. The review authority may require as a condition of development plan approval that the applicant furnish the city with a performance bond, or other form of guarantee deemed acceptable by the city attorney, to secure the applicant’s obligation to complete the provisions and conditions of the development plan as approved. The city shall release the bond or other guarantee when the improvements have been completed in accordance with the development plan. (Ord. 1246 § 24, 2000).
22.76.019 Parties bound.
All persons and parties, their successors, heirs or assigns, who own, have or will have, by virtue of purchase, inheritance or assignment, any interest in the real property within an approved planned development, shall be bound by the conditions of the planned development. Failure to comply with such conditions shall be grounds for a revocation of the planned development by the city. (Ord. 1246 § 24, 2000).
22.76.020 Development and design standards.
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Maximum density |
Specified in the underlying zoning district. |
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Minimum and maximum lot area |
To be determined through the preliminary development plan review process. |
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Maximum height of buildings and structures |
Specified in the underlying zoning district. The review authority may increase height in relationship to provisions for greater open space and separation between buildings on the same or adjoining property when adequate provision is made for light, air and safety. |
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Minimum and maximum front yard, interior side yard, side street side yard, alley, and rear yard setback |
To be determined through the preliminary development plan review process. |
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Minimum setback for yards abutting the exterior boundary of the planned development |
Specified in the underlying zoning district. |
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Accessory building and structure standards |
To be determined through the preliminary development plan review process. |
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Maximum lot coverage for structures |
To be determined through the preliminary development plan review process. |
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Maximum impervious surface coverage |
Specified in the underlying zoning district. |
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Minimum site area for a planned development |
None. |
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Permitted uses |
All uses listed as permitted uses, accessory uses or conditional uses within the underlying zoning district. |
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Common open space and common active recreational areas |
Minimum percentage of site required as common open space or common active recreational areas, and mandatory types of common space or facilities, are to be determined through the preliminary development plan review process. |
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Calculations resulting in a fraction shall be rounded to the nearest whole number with .50 being rounded up. |
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(Ord. 1246 § 24, 2000).