Chapter 18.48
PLANNED DEVELOPMENT
Sections:
18.48.020 Subdivision regulations.
18.48.030 Single-use planned developments.
18.48.040 Mixed-use planned developments.
18.48.050 Existing planned unit developments.
18.48.060 General use regulations.
18.48.070 Underlying zoning general district regulations.
18.48.090 Additional planned development regulations.
18.48.100 Phased planned developments.
18.48.110 Planned development title.
18.48.120 Preapplication conference.
18.48.130 Preliminary development proposal.
18.48.140 Preliminary development proposal processing.
18.48.150 Final development proposal.
18.48.160 Modifications of final development proposal.
18.48.010 Intent.
The intent of the planned development process is to allow a developer the ability to adjust land use requirements to meet the unique needs of their proposed developments. This process modifies the zoning requirements for selected parcels and is subject to the underlying zoning designation. To assure the planned development meets current requirements and concerns, the city and the public have extensive ability to review and condition those developments. These planned development (PD) requirements replace the planned unit development (PUD) requirements of Title 18 as adopted September 2, 1980. The objectives of planned developments are to:
(a) Provide for flexibility in the design of land uses and activities to encourage more creative approaches to development, resulting in more efficient, aesthetic, and environmentally responsive use of lands within the city limits.
(b) Allow for public input and response by city residents, interested persons, agencies and groups. Public input is essential to further assure that land uses and development within the city reflect the needs and desires of city residents and are consistent with the public welfare of the city.
(c) Encourage creativity in design and placement of buildings, use of required open spaces, provisions for on-site circulation plans, parking, and other site-design elements that better utilize the potentials of the unique natural characteristics of the property.
(d) Facilitate the provision of economical and adequate public improvements and utilities.
(e) Minimize and/or mitigate the impacts of development on valuable natural resources and unique natural or existing features including but not limited to key wildlife habitats, riparian habitats, floodplain and other wetlands, mature tree stands, steep slopes, unique or aesthetically important views and vistas, and similar resources and features.
(f) Encourage the incorporation of public access to recreational opportunities, including trail systems and greenways, as a part of development activities.
(g) Allow areas to be combined together for development that would otherwise be developed on a lot-by-lot basis, and to develop the area jointly with clustered or common features and structures and shared roads and utilities for more economic use of the land and better utilization of limited land and natural resources and maintenance of open space areas.
(h) Assure that aesthetics are considered in the architectural design of structures and in the overall development planned, and are a part of the review process of significant developments within the city.
(i) Provide regulations for the planned development permit process which will give notice to developers of pertinent issues, concerns and limitations in planning of projects.
(j) Allow planned developments to follow the same general property division requirements as a plat or a binding site plan. (Ord. 1286 (part), 1995).
18.48.020 Subdivision regulations.
For the purpose of the subdivision of property, planned developments are essentially binding site plans, short plat/short subdivisions, or plats. Developers may choose which process they wish to use. If a planned development property is not subdivided, the binding site plan procedure will be used. To determine which subdivision process is appropriate in a particular situation, refer to Section 17.48.010 for binding site plans, Section 17.12.010 for short plats and short subdivisions, and Sections 17.20.010 and 17.20.020 for final plats. (Ord. 1286 (part), 1995).
18.48.030 Single-use planned developments.
The purpose of this category is to provide a planned development procedure for single-use development within the city. A single-use planned development is defined as one that does not allow a mixture of uses other than those allowed or conditionally allowed in the underlying zoning district. (Ord. 1286 (part), 1995).
18.48.040 Mixed-use planned developments.
(a) Purpose. The purpose of this category is to provide a planned development procedure for mixed-use developments that will need a mixture of uses. This designation is also appropriate where the size of the project and the resulting needed range of services cannot be effectively provided by traditional single-use zoning districts and other land use regulations.
(b) District Restrictions. Mixed-use planned developments are allowed in areas within the mixed-use overlay and in all districts except: RS—Residential Single Unit district, CB—Central Business district, HI—Heavy Industrial district and PU—Public Use district. (Ord. 1286 (part), 1995).
18.48.050 Existing planned unit developments.
Planned unit developments (PUDs) in existence on the effective date of the ordinance codified in this title shall be zoned according to current comprehensive plan designations. Those uses and regulations not specifically identified in the covenants and conditions for approval for each PUD shall apply according to the underlying zoning designation. (Ord. 1286 (part), 1995).
18.48.060 General use regulations.
Adherence to the underlying zoning general use regulations is required unless developers have submitted a concise description of alterations for their planned development. All unique conditions divergent from the underlying zoning shall be clearly identified on the plat and/or recorded development standards. The following requirements will always apply:
(a) Permitted, Accessory and Prohibited Uses. Uses within planned developments shall meet the requirements of the underlying zoning (see Chapter 18.11 and the district use chart) unless specifically identified on the plat and/or recorded development standards.
(b) Temporary Uses. Temporary uses are allowed in planned developments according to the underlying zoning (see Chapter 18.11).
(c) The District Use Chart. The district use chart identifies a detailed list of uses, conditions for their implementation, and specifies uses allowed in the underlying zoning. Interpretation of conditions in the chart are as follows:
(1) Allowed Uses. Allowed uses are permitted.
(2) Single-Use Planned Development. If a single-use planned development is identified for a use, an additional planned development procedure is not required unless the use is an alteration to an existing planned development or planned unit development.
(3) Conditional Uses. Conditional uses are permitted upon approval of the planned development provided that most or all of the requirements for that use (Chapter 18.50) have been met.
(4) Prohibited Uses. Uses identified in the district use chart as prohibited are not permitted.
(5) Binding Site Plan. If a binding site plan is required for a specific use, property subdivision within the planned development must use the procedures for binding site plans as specified by this chapter. (Ord. 1286 (part), 1995).
18.48.070 Underlying zoning general district regulations.
General district regulations within Chapter 18.16 applicable to planned developments include: allowed density (residential), minimum unit size, maximum building height, minimum lot size, home businesses, landscaping, single-unit dwellings, duplexes, clear vision, fencing, signs and site clearance. The aforementioned regulations shall be met in accordance with the underlying zoning unless specifically identified on the plat and/or recorded development standards. Additional general district regulations of the underlying zoning shall meet the following requirements.
(a) Setback (Yard) Requirements. The requirement for yard setbacks as identified in the underlying zoning shall apply to all exterior boundary lines of the site. Interior yard setback requirements may vary upon approval and must be identified on the plat.
(b) Parking Requirements.
(1) For single-use planned developments, parking requirements are the same as those within the underlying zoning unless specifically identified on the plat.
(2) For mixed-use planned developments, parking is required but can be adjusted to meet the projected parking demand. The following minimum requirements shall be met:
(A) Applicants for the planned development identify the quantity of parking places they plan to install.
(B) Applicants submit at least one example of a similar parking condition and property use with a complete description of all relevant and unique conditions.
(C) Applicants shall describe how the proposed parking configuration will not create any foreseeable demands on properties outside the planned developments.
(3) Alterations to approved parking plans for planned developments shall be approved by the hearings examiner.
(4) Parking plans are submitted for recording as a component of the development standards. (Ord. 1667 § 19, 2010; Ord. 1286 (part), 1995).
18.48.080 Common open space.
(1) Planned Developments shall include lands dedicated to open space (Chapter 18.08). Open space areas shall be a percentage of the area of the total planned development parcel:
(A) Residential Single-Unit district—Twenty percent.
(B) Residential Duplex district—Fifteen percent.
(C) Residential Multi-Unit district—Fifteen percent.
(D) Planned Shopping district—Ten percent.
(E) Highway Business district—Ten percent.
(F) Commercial Industrial district—Ten percent.
(G) Light Industrial district—Ten percent.
(H) Heavy Industrial district—Ten percent.
(I) Airport Industrial district—Fifteen percent.
(2) Open space areas in a planned development shall meet the following minimum requirements:
(A) Open space area requirements cannot be met by the inclusion of roads, utility structures, parking areas, individual privately owned building lots, or other structures in determining the size of the open space area. Required setback areas and landscaped areas (except parking areas) may be included as open space.
(B) The location, shape, size, and character of the open space must be suitable for the particular development; open space areas shall not be excessively fragmented.
(C) The uses authorized for open space must be appropriate to the scale and character of the proposed development, considering lot size, density and topography.
(D) Open space shall be suitably improved for its intended use (i.e., restored to beneficial native habitat) as applicable, including provision for suitable weed control and revegetation plans. Any improvements to be permitted in the open space area shall be appropriate to the authorized uses and must conserve and enhance the natural features of the open space.
(3) The development schedule must coordinate designation and improvement of open space with construction of the development improvements, including proper phasing of open space areas with phasing of other portions of the development.
(4) Open space must be protected in the final development plan by provisions to assure permanent retention and maintenance of the open space areas in accordance with approved uses. Such protection may be in form of recorded restrictive covenants including: a provision requiring city approval prior to any amendment or reappeal of any portion thereof, or dedication of open space areas to the city when such dedication is determined by the city to be in its best interest and is accepted by the city in writing, or any other assurances of protection deemed by the city to be both practical and legally sufficient to assure the permanent retention and maintenance of the open space areas. All legal documents necessary to implement the provision for such protection shall be filed by the applicant with the final development planned and shall be subject to approval as to form by the city attorney. All such protective provisions shall vest in the city the right to enforce the terms of the final development plan as they relate to permanent retention and maintenance of the open spaces and limitation of their uses as approved in the plan, including right of the city to recover all costs of any enforcement action of necessary maintenance not being performed, from the violators including owners of the property within the development in the event of lack of proper maintenance. (Ord. 1344 § 1 (part), 1997: Ord. 1325 § 5, 1996; Ord. 1286 (part), 1995).
18.48.090 Additional planned development regulations.
(a) Utilities. All electrical lines, telephone lines, and other wiring conduits and similar facilities in planned developments shall be placed underground by the developer, unless this requirement is waived by the planning commission and the city council. Waiver of this requirement must be based upon the physical constraints of the site and/or technical difficulties with such underground installations which are unique to the lot or parcel, and shall not be based upon financial consideration alone. A waiver shall not be permitted when it would be in violation of the requirements of this or other city ordinances or regulations for the zone in which the planned development is located. When a planned development includes utility extensions which are to be dedicated to and become the responsibility of the city upon completion and acceptance thereof, the developer shall provide to the city a one-year maintenance bond for such extension during the covered period. The one-year term may be required to be an increased bond period by the city council; provided, that in no event shall the one year term for the maintenance bond be reduced. Water and sewer line extensions shall be properly engineered with plans approved by the city and shall meet all applicable city, state and federal requirements.
(b) Views. Planned development proposals shall give consideration to views, both those available from the subject lot(s) or parcel in orientation of the development, and those views from neighboring properties and roadways which might be obscured or obstructed by the development. Proposals shall be designed to minimize obstruction of river views and of other desirable views from neighboring properties, including usage of more stringent height limitations, view corridors, and building orientation and location restrictions where feasible and appropriate.
(c) Trails and Recreation Facilities. Additional consideration for increased densities and development approval on riverfront parcels, or critical areas (such as steep slopes) developers may be required to dedicate a public nonmotorized trail along the river (in such location as shall be determined by the developer with approval of the administrator and in consultation with city departments and resource agencies). Residential planned developments shall consider additional trail opportunities and pedestrian circulation. Commercial planned developments shall provide for (where possible) pedestrian access to the development and through the development. Multi-unit housing planned developments or larger-scale residential planned developments shall consider other recreation areas and facilities, such as community parks, picnic areas and play areas in the design of the development.
(d) Landscaping.
(1) General. Planned developments shall meet the requirements for landscape maintenance in Section 18.16.040(g), for performance assurance in Section 18.16.040(h), and clear vision in Section 18.16.040(i).
(2) Single-use planned developments shall meet the requirements of the underlying zoning.
(3) Mixed-use planned developments shall meet the requirements of the underlying zoning unless specified on the plat and/or recorded development standards.
(e) Additional Areas of Regulation. Those areas of concern set forth in later in this chapter in Section 18.48.060(b) as planned development program items shall be reviewed by the city and may be subject to regulation to meet the specified performance goal for each item when appropriate. (Ord. 1286 (part), 1995).
18.48.100 Phased planned developments.
(a) A master plan is required as a part of the preliminary and final development plan applications for all planned developments which will be phased.
(b) One or more phases must be fully planned before approval of the planned development.
(c) Subsequent phases of development will be consistent with the master plan.
(d) Amendments to the master plan shall be considered for approval by the city council following a review and recommendation by the planning commission. The total common open space for the entire development will remain the same as initially approved. Open space may be transferred from one phase to another.
(e) Master Plan. The master plan for a phased planned development means a map the same size and scale as the site plan. Master plans shall:
(1) Delineate phases of development;
(2) Identify common open space areas;
(3) Label the size of each common open space in square feet or acres;
(4) Delineate areas for buildings and identify proposed building types (i.e. single unit, duplex, multi-unit);
(5) Identify residential density in dwelling units per acre. (Ord. 1344 § 1 (part), 1997: Ord. 1286 (part), 1995).
18.48.110 Planned development title.
The title of the planned development shall read as the name of the project followed by “Single-Use Planned Development” or “Mixed-Use Planned Development” as appropriate. (Ord. 1286 (part), 1995).
18.48.120 Preapplication conference.
Refer to procedures outlined in Section 17.16.010. (Ord. 1286 (part), 1995).
18.48.130 Preliminary development proposal.
(a) Application and Fee. Formal application for a planned development permit shall be made by submitting nine copies of a planned development permit application (on forms provided by the administrator) and upon payment of the application fee.
(b) Content. The planned development permit application includes a conceptual master plan (for phased developments only), a preliminary site plan, and a written development plan.
(c) Master Plan. A master plan shall be submitted for phased planned developments only. Refer to Section 18.48.030.
(d) Preliminary Site Plans.
(1) For preliminary site plans using binding site plan procedures, refer to Section 17.48.020 of Title 17, Subdivisions.
(2) For preliminary site plans using short plat/short subdivision procedures, refer to Sections 17.12.030, 17.12.040, 17.12.045, 17.12.050, and 17.12.070 of Title 17, Subdivisions.
(3) For preliminary site plans using final plat procedures, refer to Section 17.20.020.
(4) Additional Requirements For All Preliminary Site Plans. Include the following information on the preliminary site plan or on separate sheets for clarity (separate sheets should use the same scale, medium, etc., as the site plan). Preliminary site plans shall:
(A) Delineate the location of major physiographic features such as canals, floodplain areas, etc.;
(B) Delineate existing topography for the entire site at contour intervals at not more than five feet together with existing drainage and vegetation;
(C) Identify the location and use of all buildings and their accessory structures;
(D) Identify pedestrian and vehicular patterns by representing routes of travel with dashed lines;
(E) Identify the type and location of all existing and proposed recreational improvements including (but not exclusive to) trails, paths, and parks;
(F) On the site plan or a separate sheet, identify a conceptual landscape plan, meeting or exceeding the requirements of Section 18.16.040(g).
(e) Written Planned Development Program and Specifications. The written planned development program shall include concise and detailed evaluation and information on the following items, and shall explain how the proposed goal of each item has or will be met, or why such goal is unattainable for the project. Written planned development programs shall also include:
(1) An explanation of the density of the proposed project in contrast to the density goals set forth in the regulations for the various zone districts (applies to residential uses only);
(2) Proposed ownership pattern including proposed method of subdivision (i.e., binding site plan, short plat/short subdivision, or final plat);
(3) Operation and maintenance proposal (if not dedicated to the public) for the project amenities, roadways, utilities, etc. (i.e., homeowner association, co-op, condominiums). The performance goal is to assure that a long-range maintenance program is provided for all common areas and commonly used utilities and roadways, with provision for collection of a pro rated share of costs and expenses of such maintenance and for decision making with regard thereto;
(4) General timetable for development, including any project phasing and conditions therefore and any foreseeable future expansion. The performance goal is to provide sufficient open spaces and project utilities and amenities for each phase of development, so that each phase can stand alone as a satisfactory completed project;
(5) Description of existing and proposed community and recreational facilities. The performance goal is for larger projects or projects that have a significant impact on existing formal or informal recreational opportunities to minimize and mitigate such impact by and expansion of retention existing opportunity or provision for new or improved community or public recreation opportunities, including park areas, access to river or public lands, or recreational improvements such as pools, tennis courts, etc.;
(6) Visual impacts, including description of project view orientation, proposals to minimize view obstruction from adjacent lands and public roadways, and proposed site barriers for utility or loading areas, parking areas, etc. The performance goal is to minimize degradation of the existing views of river areas, mountains and open lands, to preserve the aesthetic qualities which the city values, to provide aesthetically pleasing visual barriers to unsightly areas, and to assure that new developments benefit from the available views without preventing their enjoyment by others;
(7) Existing and proposed landscaping, including irrigation. The performance goal is to assure a long range landscape plan which provides necessary greenbelt around structures for fire protection, provides for tree and vegetative buffers to reduce noise, light and view impacts from neighboring lands, minimizes irrigation water needs, and prevents noxious weeds;
(8) Stormwater collection and disposal plan. The performance goal is to assure that stormwater runoff after development does not exceed the amount before development, and that stormwater disposal has no negative impact on the water quality of either surface or groundwater of the Okanogan Valley, and to provide where possible for a stormwater management system which can be extended to serve future developments at the developers’ expense;
(9) Geophysical characteristics of the site, including soils, slope, drainage patterns, erosion problems and controls. The performance goal is to prevent further or accelerated erosion of slopes or topsoil, provide for adequate site drainage and storm water collection (see subsection (e) (8) of this section) properly designed for the site, and to identify problem areas prior to development to prevent unanticipated erosion or drainage problems;
(10) Air quality considerations and mitigation measures, including dust control measures. The performance goal is to allow no degradation of the air quality of the Omak area, either from single projects or by cumulative impacts, and to prevent degradation of the ambient air quality by using sufficient dust-control measures both during periods of construction, and after project completion. Automobile emissions will be considered, and projects which will have a significant traffic impact will be expected to investigate all possible avenues to minimize motor vehicle usage, including provision for mass transit (such as bus or van runs to or from the project) and pedestrian/bike access;
(11) Traffic circulation elements, including anticipated traffic increases (vehicles per day) and major times thereof. The performance goal is to assure a smooth flow of traffic through and throughout the city, to avoid traffic congestion and hazardous intersections, mergers or other traffic patterns, and to minimize increased traffic loads by encouraging pedestrian, nonvehicular transportation, and mass transit;
(12) Noise considerations and mitigation measures therefore. The performance goal is to minimize noise impacts on surrounding properties and the city in general, and mitigation measures to be examined include placing indoor those recreation facilities which may generate noise in evening or night hours, limiting motor vehicle usage within the project, plantings to buffer noises, and limiting allowable hours and days of construction;
(13) A concise statement of the general public benefits to be derived from the development of the proposed project, which may include but are not limited to increased open space, special wildlife or recreation benefits, perimeter transitions to surrounding land uses, or new public facilities included in the development (including dedicated or public trails, parks, etc.) . The performance goal is to assure that all approved projects benefit the general welfare of the city of Omak;
(14) Conditions to control or prohibit further land divisions, where appropriate. The performance goal is to provide long range, perpetual restriction on future division of the developed property beyond the approved density and/or below the approved minimum lot sizes, and to eliminate the need for city oversight to enforce such approved densities/lot sizes;
(15) Description of planned uses of and improvements to common open space areas, if any, and proposals to ensure future maintenance of common open space areas, and to ensure compliance with the open space requirements set herein;
(16) Preliminary Utilities Plan and Specifications. The preliminary utilities plan and specifications shall depict the planned extension of any city utilities, including water and sewer lines, together with specifications and preliminary engineering therefore, and showing compliance with all state and city rules, regulations and codes applicable to such utility extensions; and shall detail any utility installations which are not an extension of city utilities. The preliminary utilities plan shall reveal those utility extensions which are desired to be dedicated to the city upon completion. Three copies of the preliminary utilities plan and specifications shall be submitted by the applicant;
(17) SEPA environmental checklist and any fee charged by the city for the filing and processing thereof. (Ord. 1286 (part), 1995).
18.48.140 Preliminary development proposal processing.
(a) For all planned developments, follow corresponding procedures for plats in Sections 17.20.040 through 17.20.100 of Title 17, Subdivisions.
(b) SEPA. In the event that the SEPA responsible official shall determine that an Environmental Impact Statement (EIS) is required pursuant to the State Environmental Policy Act (SEPA), then the time limits set forth above for hearing and consideration by the planning commission shall not commence to run until the final Environmental Impact Statement is issued. (Ord. 1286 (part), 1995).
18.48.150 Final development proposal.
(a) When the applicant has completed all necessary improvements of roads, utilities and other infrastructure requirements or has bonded the same for completion, and has taken all other action as required by the preliminary development plan approval and any conditions thereon, the applicant shall submit his/her final development plan to the administrator, in triplicate, including recordable form thereof signed by all owners (including lienholder of record) of the property included in the planned development and on stable base mylar-polyester film or equivalent approved by the administrator. If the administrator, upon receipt of such final development plan, including copies of any necessary covenants, property owners association documents, other documents necessary to meet the terms of the preliminary approval, and binder or commitment in the form of the required maintenance bond on dedicated utility extensions, determines that the final development plan is consistent with the preliminary development plan as approved or conditioned, and that any bond is sufficient to assure completion of any unfinished improvements, or maintenance of dedicated improvements, the administrator shall so inform the city council by written recommendation, and the city council shall at its next public meeting set a date for consideration of approval of the final development plan. The city council shall, at such public meeting, determine whether the final development plan is consistent with the preliminary application as approved or conditioned, whether any required bond is adequate, and whether the requirements of the ordinance codified in this title, other applicable ordinances and state law have been satisfied by the developer. The council shall then approve the final development plan, refer it to the planning commission for further review of specified issues or concerns, or disapprove the final development plan.
(b) No final development plan shall be considered for approval unless all other permits and approvals necessary for development of the project, except building permits, are obtained and/or approved, including Shoreline Management Act permits or approvals, flood plain permits, and any other applicable environmental or land use permits and approvals.
(c) If the council approves the final development plan, the mayor shall sign the approved plan, and a fully signed copy thereof, together with all other documents necessary to such approval, shall be filed with the city of Omak. The final development plan shall then be recorded with the Okanogan County auditor, along with recording of any other necessary documents.
(d) The terms and conditions of the approved final development plan, as filed and recorded, shall constitute limitations on the use of the land included therein and upon development of the site, which shall be enforced by all means included therein or allowed by law.
(e) Approval of the final development plan shall constitute authorization for the developer or his/her successors or assigns in the property, to proceed with the development thereof following issuance of all other appropriate building, sewer or other permits or approvals by the city, in accordance with the terms and conditions of the final development plan as approved.
(f) Approval of a final development plan shall be valid for a term of two years following issuance thereof, and construction shall commence within said two-year period and shall be completed within two years after commencement, except as to phasing approved as a part of the final development plan, unless extended by the city council upon recommendation of the administrator and application therefore by the developer (or his/her assigns), for good cause shown. An extension shall be valid for one additional year, and no more than three extensions shall be given for any planned development permit. Extensions may be conditioned by the city council after recommendation by the administrator.
(g) If construction under a final development plan is not commenced and completed within the time limits set forth in Subsection (e) of this section, or any allowed extensions thereof, then the planned development permit approval shall expire and any future development of the subject property shall be in accordance with the zoning and land use ordinances then in effect, without regard to such prior planned development permit approval.
(h) A final development plan approval for a planned development which includes division of property into separate lots or parcels shall constitute subdivision approval for such land division. (Ord. 1286 (part), 1995).
18.48.160 Modifications of final development proposal.
(a) Minor Modifications. Minor changes in the location, citing and height of buildings and structures may be authorized by the administrator without additional public hearings or city council review if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by the administrator may cause any of the following:
(1) A change in the use or character of the development;
(2) An increase in overall coverage by structures;
(3) An increase in the intensity of use;
(4) An increase in the problems of traffic circulation and public utilities;
(5) A reduction in approved open space;
(6) A reduction in off-street parking and/or loading space;
(7) A reduction in required pavement widths;
(b) Major Modifications. All other changes in use, or rearrangement of lots, blocks, and/or building tracts, or any changes in the provision for common open spaces, or any other changes from the final development plan as approved or conditioned, except those listed in subsection A above, must be approved by the City Council after public hearing thereon by the Planning Commission and recommendation therefrom, and upon formal application by the developer (or his/her assigns) including payment of required fees and submission of SEPA environmental checklist for the proposed modification, which shall be considered as a supplement to all environmental information provided with the original planned development permit application. Any changes which are approved in the final development plan must be recorded and filed as amendments in accordance with the procedure established for the recording and filing of the initial final development plan documents. (Ord. 1286 (part), 1995).