Chapter 18.57
MASTER PLANNED DEVELOPMENT - MPD
Sections:
18.57.020 Purpose.
18.57.040 Approval process overview.
18.57.050 General procedures for application review.
18.57.060 Pre-submission conference.
18.57.070 Applications.
18.57.080 Master plan approval process.
18.57.100 Project approval process.
18.57.120 Plat approval process.
18.57.020 - Purpose
The purposes of the Master Planned Development (MPD) regulations are as follows:
A. To permit greater flexibility and, consequently, more creative and imaginative design as required for the development within the Urban Village (UV), Neighborhood Village (NV), Neighborhood Center (NC) District, and Community Oriented Shopping Center (COSC) Districts than generally is possible under conventional zoning regulations.
B. To promote urban infill, and more economical and efficient use of the land, while providing a development which is compatible with the surrounding neighborhood; a variety of housing choices; and, a high level of urban amenities.
C. To encourage the provision of more usable and suitably located recreation facilities and other private and common facilities than would otherwise be provided under conventional land development procedures.
(Ord. 5539 §4, 1995).
18.57.040 - Approval process overview
In the following zoning districts, a Master Plan shall be processed as an amendment to the Official Zoning Map as follows:
A. Districts. Development within the COSC, NC, NV and UV districts is permitted only after Master Plan approval, project approval, and construction permits are issued pursuant to this Chapter, Chapter 18.05, and Chapter 18.05A (Villages and Centers).
B. Pre-Submission Conference. Applicants shall meet with the Site Plan Review Committee (SPRC) for an initial discussion of the proposed MPD prior to submittal of an application. The applicant shall present preliminary studies and conceptual sketches which contain in a rough and approximate manner the information required on the MPD application. The purpose of the preliminary site plan review is to eliminate as many potential problems as possible in order for the MPD to be processed without delay. (See Section 18.57.060 Pre-Submission Conference.)
C. Master Plan Review Process. An approved Master Plan is an amendment to the official zoning map. Applications for Master Plan approval shall be submitted concurrently to the Design Review Board and Hearing Examiner for review and recommendation to the City Council. (See Section 18.57.080, Master Plan Approval Process.)
D. Project Application Review Process. At any time during review or after Master Plan approval, the applicant may submit a Project Application for a portion or all of the site to the Department for review by the Design Review Board, Hearing Examiner, and/or SPRC. (See Section 18.57.100, Development Application Approval Process.)
E. Plat Approval. When any parcel of land subject to a Master Plan is intended for individual ownership or sale, the platting and procedural requirements of the Olympia Subdivision Ordinance and applicable State laws, as amended, pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed. See Olympia Municipal Code Title 17, Subdivisions, and Section 18.57.120, Plat Approval Process. Applications for project approval may be submitted simultaneously, and processed concurrently, with applications for Master Plan approval or any other Development Application.
F. Engineering, Detailed Design Review, and Building Permits. The Building Official shall not approve a Building Permit unless it complies with the use limitations, standards, and design concepts and guidelines contained in the applicable Master Plan. Any conditions of Master Plan, Land Use, Preliminary or Final Plat, or Binding Site Plan approval will constitute a limitation on the use and design of the site. Engineering and Building Permits may be issued for any improvements or structures only if consistent with an approved Master Plan and project approval.
(Ord. 5830 §34, 1998; Ord. 5539 §4, 1995).
18.57.050 - General procedures of application review
Except as specifically provided in this Chapter, applications for project approval within Master Plans, including but not limited to land use approval, plats, and building and engineering permits, shall be reviewed and decided, and otherwise processed, in accordance with the procedures applicable to comparable projects in all other districts as set forth in this Development Code.
(Ord. 5830 §40, 1998)
18.57.060 - Pre-submission conference
Prior to submitting a Master Plan the applicant shall meet with the Site Plan Review Committee (SPRC) for an initial discussion of the proposal, as follows:
A. The applicant or representative shall present to the SPRC preliminary studies or conceptual sketches which contain in a rough and approximate manner the information required on the Master Plan application. The purpose of the pre-submission conference is to enable the applicant to obtain the advice of the SPRC as to the intent, standards and provisions of this chapter.
B. The SPRC will make available pertinent information as may be on file relating to the proposal. It is the purpose of this conference to eliminate as many potential problems as possible in order for the Master Plan to be processed without delay. The conference should take place prior to detailed work by the applicant’s architect, engineer or surveyor.
C. At the pre-submission conference, the SPRC will furnish, to the prospective applicant, comments on how the proposed development conforms to City policies and regulations, and the Committee’s requirements for development approval. The level of detail of SPRC’s comments will be directly proportional to the level of detail provided by the prospective applicant.
(Ord. 5830 §35 1998; Ord. 5539 §4, 1995).
18.57.070 - Applications
A. Application. An application for a Master Plan may be filed only by a property owner or someone acting on behalf of the owner. The applicant shall complete a Master Plan application and environmental checklist, together with preliminary development plans and other required supplementary reports. The applicant shall submit a minimum of seventeen (17) copies of maps and supplementary reports to the Department. Within twenty-eight (28) days of the date of receipt of the application, the Department shall inform the applicant of any deficiencies found in the application. The Department shall return the application to the applicant if it is deemed incomplete or inaccurate. Re-submittal with the necessary information making the application complete must be submitted within six months of original filing. If not, the file shall be considered void and 50% of the filing fees will be refunded.
B. Accuracy. Accuracy for all data and information submitted on or with a Master Plan and Project Applications shall be the responsibility of the applicant.
C. Environmental Review. Applications for a proposed Master Plan shall include, at a minimum, an Environmental Checklist submitted to the Department. Pursuant to the City’s adopted regulations concerning compliance with the State Environmental Policy Act, Chapter 43.21C RCW and OMC Title 14 Environmental Protection, the City shall determine whether an Environmental Impact Statement will be required.
D. Master Plan Application. An application for Master Plan approval shall be on forms provided by the Department. Submittal requirements shall be approved by the City Council.
(Ord. 5830 §39 1998; Ord. 5539 §4, 1995).
18.57.080 - Master plan approval process
A Master Plan application shall be submitted to the Department for review. The Design Review Board and Hearing Examiner shall forward their recommendations to the City Council as follows:
A. SEPA. Master Plan applications submitted to the Department shall comply with the City’s adopted regulations concerning compliance with the State Environmental Policy Act, Chapter 43.21C RCW and OMC Title 14 Environmental Protection.
B. Design Review Board. A complete application including proposed draft design vocabulary and design guidelines (OMC Chapter 18.05A, Village and Center Design Guidelines), shall be submitted and reviewed by the Design Review Board for review and recommendation to the City Council. The Design Review Board shall not recommend approval of a Master Plan unless they determine that the proposed Master Plan complies with each of the applicable design guidelines contained in OMC Chapter 18.05A, Village and Centers Design Guidelines. The Design Review Board shall also review the applicant’s proposed design vocabulary and provide a recommendation to the City Council. The Design Review Board may schedule additional meetings to consider the proposed Master Plan, or recommend denial or approval with or without conditions of approval. Public notice of meetings shall be provided pursuant to OMC Chapter 18.78, Public Notification.
C. Hearing Examiner. A complete Master Plan application, including the proposed draft ordinance, OMC Chapter 18.05 and schematic maps, shall be reviewed by the Hearing Examiner for recommendation to the City Council. Prior to the recommendation on a Master Plan application, the Hearing Examiner shall hold a public hearing thereon, and notices thereof shall be given as provided in OMC Chapter 18.78, Public Notification. The Hearing Examiner shall not recommend approval of a Master Plan unless the Examiner determines that the plan complies with the requirements of OMC Chapter 18.05, Villages and Centers. The Hearing Examiner may:
1. Recommend terms and conditions of approval; or
2. Require the provision, and further public review, of additional information and analyses; or
3. Recommend denial.
D. City Council.
1. The Board’s and the Examiner’s recommendations, together, with any conditions, shall be considered by the Council at a regular public meeting within thirty (30) calendar days after the Examiner’s recommendation becomes final unless the applicant agrees to a later meeting date.
2. Such consideration shall be based upon the record which was established by the Design Review Board and the Examiner.
3. If the Council finds that the Board’s or Examiner’s recommendation is in conflict with the City’s adopted plans, policies and ordinances; or insufficient evidence was presented as to the impact on surrounding area the Council may:
a. Deny the MPD application;
b. Remand the matter back to the Design Review Board or Hearing Examiner for another hearing;
c. Continue to a future date to allow for additional staff analysis desired by the Council;
d. Modify the Design Review Board’s and Examiner’s recommendation based on the applicable criteria and adopt their own findings and conclusions, and deny or approve the Master Plan; or
e. Schedule its own open-record public hearing.
4. If the Council determines there are no conflicts and sufficient evidence was presented as to the impact on the surrounding area, it shall adopt the Board’s and Examiner’s recommendation as their own and approve the Master Plan by ordinance. If approved, the Master Plan, or subsequent revision thereto, shall be an amendment to the Official Zoning Map.
5. Once the development plan receives Master Plan approval, 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 subject to the proposed Master Plan, shall be bound by the conditions attending the approval of the development and the provisions of the Ordinance.
6. The action of the Council, approving, modifying, or rejecting a recommendation of the Design Review Board and Examiner, shall be final and conclusive, unless within twenty-one (21) calendar days from the date of the Council action an aggrieved party or person appeals to the Superior Court of Washington for Thurston County, for the purpose of review of the action taken.
E. Phasing. If the Master Plan is to be developed in phases, the project as a whole shall be portrayed on the Master Plan, and each phase may individually receive project review and approval according to the procedures established herein.
F. Amendments. An approved Master Plan, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern. Amendments which change the character, basic design, density, open space or any other requirements and conditions contained in the Master Plan shall not be permitted without prior review and recommendation by the Hearing Examiner, and approval by the City Council, of such amendment. Amendments shall be an amendment to the Official Zoning Map and shall be clearly depicted as a revision to the ordinance text and site plans.
G. Expiration or Extension. There shall be no time limitation or extensions required of a Master Plan approval. However, if in the opinion of the City Council, the Master Plan does not continue to serve the public use and interest or comply with the comprehensive plan or other applicable laws or plans, the City Council may initiate an amendment or rezone at any time.
(Ord. 5830 §36 1998; Ord. 5539 §4, 1995).
18.57.100 - Project approval process
A project shall be submitted to the Department for review and approval by the Hearing Examiner or Site Plan Review Committee prior to any development. A project may include one or more phases of the area within an approved Master Plan.
A. Conceptual Design Review. A complete Conceptual Design Review supplement, on forms provided by the City, shall be submitted to the Design Review Board for review and recommendation. The Design Review Board shall not recommend approval of a Conceptual Design Review supplement unless the Board determines that said proposal complies with the applicable design concepts and guidelines contained in the approved Master Plan. The Design Review Board may:
1. Schedule additional meetings to consider the Conceptual Design; or
2. Recommend approval with or without conditions of approval; or
3. Recommend denial of the proposal.
Prior to a recommendation, the Design Review Board shall conduct a public meeting thereon, and notices thereof shall be given as provided in OMC Chapter 18.78, Public Notification. The recommendation of the Design Review Board shall be given substantial weight by the decision-maker.
B. SEPA. Development and Subdivision applications submitted to the Department shall comply with the City’s adopted regulations concerning compliance with the State Environmental Policy Act, Chapter 43.21C RCW and OMC Title 14 Environmental Protection.
C. Hearing Examiner. An application for a subdivision plat or binding site plan shall be submitted to the Hearing Examiner for review and decision. The Hearing Examiner shall hold a public hearing thereon, and notices thereof shall be given as provided in OMC Chapter 18.78, Public Notification. The Hearing Examiner shall not approve an application unless the Examiner determines that said plan complies with the standards contained in the applicable Master Plan approval and OMC Title 17, Subdivision. The Hearing Examiner may:
1. Approve the development with or without terms and conditions of approval; or
2. Require the provision, and further public review, of additional information and analysis; or
3. Deny the proposal.
Such decisions by the Hearing Examiner are final unless appealed to the City Council.
D. Site Plan Review Committee (SPRC). For development for which no public hearing is otherwise required, a complete Land Use Review or other project application, on forms provided by the City, shall be submitted to the City for review and decision. The SPRC shall not approve an application unless the Committee determines that said proposal complies with the Master Plan, any SEPA conditions of approval, and City engineering development standards. The SPRC may:
1. Schedule additional meetings to consider the project application; or
2. Approve with or without conditions of approval; or
3. Deny the proposal.
Prior to the approval of an application, notices thereof shall be given as provided in OMC Chapter 18.78, Public Notification. Decisions by the SPRC are final unless appealed to the Hearing Examiner.
E. Engineering and Building Permits. The approved Master Plan and any project approval shall constitute a limitation on the use and design of the site. Engineering and Building permits may be issued for any improvements or structures consistent with project approval prior to the approval of the Final Plat, provided that:
1. The construction will be consistent with the approved Master Plan and project approval.
2. The building permit application must identify the location and dimensions of the proposed building(s) in relation to all lot lines for the site and must provide proposed building elevations. Minor alterations may be made provided the alteration is approved by the Site Plan Review Committee. Minor alterations are those which may affect the precise dimensions or siting of buildings (i.e., setback, lot coverage, height), but which do not affect the basic character or arrangement and number of buildings approved in the Master Plan or project approval, nor the density of the development or the amount and quality of open space and landscaping. Such dimensional adjustments shall not vary more than ten percent. The applicant shall submit five copies of a revised or adjusted project approval of the applicable portion(s) to the City for the completion of its files.
3. No vertical construction may take place until the necessary fire flow and emergency vehicle access have been provided to the building(s).
4. All required infrastructure, including but not limited to utilities and streets, have been completed or arrangements or contracts have been entered into to guarantee that such required infrastructure will be completed for the phase of the project involved. Such guarantees shall be considered for minor finish-out items only. All basic infrastructure, such as roads, services and utilities, must be complete and operable.
5. Partial or complete construction of structures shall not relieve the applicant from, nor impair City enforcement of, conditions of Master Plan approval or the project approval.
6. Units/property may not be leased or sold until Final Plat or Binding Site Plan approval has been recorded (see OMC Title 17, Subdivision).
7. Building permits and other permits required for the construction or development of property under the provisions of this Chapter shall be issued only when the work to be performed meets the requirements of the program phasing elements of the Master Plan and applicable project approvals.
F. Detailed Design Review. As applicable, a building permit application shall be accompanied by complete Detailed Design Review application, on forms provided by the City, and be submitted to the Department for review and decision. If subject to its review, the Design Review Board may:
1. Schedule additional meetings to consider the Detailed Design Review Application; or
2. Recommend approval with or without conditions of approval; or
3. Recommend denial of the proposal.
Prior to a recommendation on an application, the Design Review Board shall conduct a public meeting thereon, and notices thereof shall be given as provided in OMC Chapter 18.78, Public Notification. The Building Official shall not approve a Detailed Design Review Application unless the Building Official determines that said proposal complies with each of the design concepts and guidelines contained in the applicable Design Guidelines contained in the Master Plan approval. Decisions by the Building Official are final unless appealed to the Hearing Examiner.
G. Appeals. Appeals, if any, shall be considered together, pursuant to OMC 18.75, Appeals.
H. Phasing. If a proposed project is to be constructed in phases, the project as a whole shall be portrayed on the Application, and each phase must receive review and approval according to the procedures established herein. Those portions of the MPD which have received a project approval shall be subject to the provisions of OMC Section 18.57.100(I), Expiration and Extensions.
I. Amendments. Amendments to the project conflicting with any of the requirements or conditions contained in the project approval shall not be permitted without prior written approval of such adjustment by the Site Plan Review Committee or Hearing Examiner. If the proposed amendment also conflicts with requirements or conditions of the Master Plan, the amendment shall be processed as an amendment to the Master Plan as provided in OMC Section 18.57.080(F), Amendments. If approved, amendments shall be clearly depicted as a revision to the ordinance text and site plans.
J. Expiration or Extension. Knowledge of expiration date is the responsibility of the applicant. The City shall not be held accountable for notification of expirations.
1. Subdivisions. Pursuant to OMC Title 17.20, Subdivision Term and Effect of Preliminary Plat Approval, an approved preliminary plat shall be binding for a period not to exceed five (5) years.
2. Land Use Approval. The Land Use approval shall be valid for one year and may be extended for a period not to exceed two years pursuant to OMC Section 18.72.140(E), Administration - Expiration of Approvals.
3. Detailed Design Review Approval. The Detailed Design Review Approval shall be valid so long as the associated building permit is valid.
(Ord. 5830 §37 1998; Ord. 5539 §4, 1995).
18.57.120 - Plat approval
A. Preliminary Plat. When any parcel of land in any Master Planned Development is intended for individual ownership, lease or sale, the platting and procedural requirements of OMC Chapter 17.16, Subdivision Preliminary Plat, and applicable State laws pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed as amended. Applications for preliminary or short plat approval may be submitted simultaneously, and processed concurrently, with applications for Master Plan or any associated project approval.
B. Binding Site Plan. For any portion of the Master Plan, the Hearing Examiner may approve a binding site plan for any commercial sites. The Examiner may attach terms and conditions to the approval of the site plan if necessary to insure compliance with the Master Plan. Review of any preliminary or short plat, or Binding Site Plan shall be as provided OMC Chapter 17.16, Subdivision -Preliminary Plat.
C. Final Plat Approval. An application for Final Plat approval shall be submitted to the Department. The platting and procedural requirements of the OMC Chapter 17.24, Subdivision - Final Plat and applicable State laws, as amended, pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed.
(Ord. 5830 §38 1998; Ord. 5539 §4, 1995).