Chapter 17.54
PLANNED DEVELOPMENT DISTRICT OVERLAY
Sections:
17.54.020 Permitted planned development district.
17.54.030 General planned development district application requirements.
17.54.040 Preliminary planned development district requirements.
17.54.050 Planned development district design standards.
17.54.090 Hearing examiner action.
17.54.100 Preparation of the planned development district ordinance.
17.54.110 City council action.
17.54.120 Final planned development district application and map(s).
17.54.150 Issuance of a building permit.
17.54.160 Landscape performance bond.
17.54.170 Street and utility improvements performance bond.
17.54.180 Extension of bond or security time limit.
17.54.210 Changes and modifications.
17.54.220 Repeal of planned development district ordinance.
17.54.010 Purpose.
(a) The purpose of the planned development district is to allow greater flexibility in the design of residential, commercial or industrial uses or a mixture of such uses by permitting specific modifications of the bulk and use regulations and performance standards of the underlying zone(s) as applied to a particular parcel of land. A planned development district is a floating district. Each approved planned development district is superimposed on the underlying zone to the extent that the planned development district shall modify and supersede the bulk and use regulations and performance standards of the underlying zone.
(b) A planned development district shall:
(1) Encourage flexibility in design and development that will result in a more efficient and desirable use of the land;
(2) Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, open spaces, off-street parking areas, and otherwise to better utilize the potentials of the site characterized by special features such as but not limited to geography, topography or shape;
(3) Provide for maximum efficiency in the layout of streets, utilities, and other public improvements;
(4) Produce an integrated or balanced development of mutually supportive uses that might be otherwise inharmonious or incongruous. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.020 Permitted planned development district.
(a) Planned development districts may be approved for any uses or combination of uses of this title as currently existing. The uses permitted in any specific planned development district shall be enumerated in the ordinance establishing the planned development district.
(b) Approved planned development districts are permitted in all commercial, residential and industrial zones.
(c) Planned development districts may be used for the following types of development:
(1) Planned Unit Developments. An area to be planned and developed as a single district containing one or more residential clusters or planned residential developments and one or more public, quasi-public, commercial, and/or industrial areas. A planned unit development shall only contain the uses permitted in the underlying zone group. For example, a planned unit development involving residential uses shall overlay a residential zone, a planned unit development involving residential uses and commercial uses shall overlay a commercial zone, and a planned unit development involving residential uses and/or commercial uses and industrial uses shall overlay an industrial zone. A planned unit development may be permitted by the city council to deviate from this general rule only upon a finding by the city council that such planned unit development is:
(A) Necessary,
(B) In the best interests of the citizens of the community, and
(C) The more intensive uses of the planned unit development will not adversely impact adjoining properties zoned in the same manner as the zoning group as the subject property.
Planned unit developments proposed under subsections (c)(2), (3) and (4) of this section shall only permit a more intensive use of the property than the underlying zoning group if there is a true mixed use within the planned unit development. In no event will one-lot planned unit developments for a use more intensive than is permitted by the underlying zoning group be permitted;
(2) Planned Unit Residential Development. An area to be planned and developed as a single district and containing one or more residential clusters; appropriate commercial, public, or quasi-public uses may be included if such uses are for the exclusive benefit of the residential development;
(3) Planned Commercial Developments. An area to be planned, developed, operated and maintained as a single district containing one or more structures to accommodate commercial, retail, business or office uses or a combination of such uses;
(4) Planned Industrial Development. An area to be planned, developed, operated, and maintained as a single entity containing one or more structures to accommodate industrial uses. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.030 General planned development district application requirements.
(a) Pre-Application Conference.
(1) Prior to submission of a planned development district application and map(s), the proponent shall schedule a pre-application conference with the community development director and representatives of other affected city departments. The proponent shall present a conceptual plan of the planned development district including a general outline of the proposal represented by sketch plans. The community development director will respond informally and address potential items of concern to aid the proponent in preparing the planned development district application and map(s).
(2) The community development director shall furnish the proponent with a written review of the conference regarding the relationship of the planned development district to the comprehensive plan and any applicable city zoning ordinances, design standards and policies.
(b) Study Session. Prior to the submission of the planned development district application and map(s) to the hearing examiner for action, the community development director shall schedule a planning commission study session. The community development director and the planned development district proponent shall present the conceptual planned development district to the planning commission so that the planning commission may study the proposal.
(c) Planned Development District Application and Maps. The planned development district application and map(s) shall be filed with the building and planning department on forms prescribed by the building and planning department. The application shall be accompanied by eleven copies of the planned development district application and map(s). A nonrefundable fee of five hundred dollars shall accompany each and every application for a preliminary planned development district.
(d) Landscaping Plan. A landscaping plan must be submitted for approval as per Chapter 17.74.
(e) Environmental Information. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Title 13 entitled “Environmental Regulations.” Said information is a part of and must accompany the planned development district application and map(s).
(f) Alternate(s). Requests for alternate(s) of city design standards and community street and utility standards shall be submitted as a part of and must accompany the planned development district application and map(s). The hearing examiner shall recommend to the council that the requested alternative(s) be either approved, conditionally approved, or denied. The council shall either approve, conditionally approve, or deny the requested alternative(s) based upon the recommendation of the hearing examiner and testimony presented before the council.
Alternative(s) of city design standards and community street and utility standards shall be listed in the ordinance conditionally approving and establishing the planned development district.
(g) Comprehensive Plan. The planned development district shall be consistent with the city’s comprehensive plan.
(h) Findings of Fact. Every decision or recommendation made under this chapter by the hearing examiner or council shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.
(i) Subdivision Approval. A planned development district for which subdivision or binding site plan approval is required may be submitted as a planned development district short plat, a planned development district major plat, or a planned development district binding site plan. Such a planned development district shall be submitted and processed in conformance with the appropriate subdivision chapter of the Othello Municipal Code and the requirements of this chapter. Redundant procedures or technical requirements shall be incorporated into the requirements and procedures of the appropriate subdivision chapter so as to not create unnecessary hardship or delay. Procedurally the preliminary and final planned development district element of a planned development district short plat, major plat or binding site plan must be approved by the council prior to the required subdivision approvals. Such approvals may be given concurrently by the appropriate approving body.
(j) Titles. Planned development districts shall be appropriately entitled, i.e., planned unit development district, planned residential development district, planned commercial development district, or planned industrial development district. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.040 Preliminary planned development district requirements.
The preliminary planned development district application and map(s) shall depict or contain the following information:
(a) A legal description of the total site proposed for development including a statement of the present and proposed ownership and present and proposed zoning;
(b) A statement of the planning objectives to be achieved by the planned development district through the particular approach proposed by the applicant;
(c) An itemized list of the proposed modifications to the bulk and use regulations of the underlying zone(s);
(d) A development schedule indicating the approximate date when construction of the planned development district of stages of the planned development district can be expected to begin and be completed;
(e) A statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the planned development district;
(f) Quantitative data for the following: number and type of structures; parcel size; proposed lot coverage by buildings and structures; approximate gross and net residential densities; and the total amount of open space;
(g) Relationship of the property to the surrounding area including identification of adjacent land uses, zoning, and peripheral treatment of the planned development district to maximize compatibility and integration of the planned development district with adjacent uses;
(h) Proposed land uses and approximate building locations or buildable areas;
(i) A general landscape plan and specific buffer plans (screening);
(j) Existing site conditions including contours at two-foot intervals and unique natural features;
(k) A list of the names and addresses of all owners of record of real property within three hundred feet of the external boundaries of the proposed planned development district. In addition, the proponent shall submit a list of the names and addresses of all owners of record of real property within three hundred feet of real property which lies adjacent to the external boundaries of the proposed planned development district and is owned by the proponent;
(l) The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, service areas, loading areas, storage areas, and points of ingress and egress to the planned development district;
(m) Existing and proposed utility systems including sanitary sewers, storm sewers, water, electrical lines, TV and radio cable lines, and telephone lines;
(n) The proposed pedestrian circulation system;
(o) The proposed treatment of the perimeter of the planned development district, including materials and techniques used such as screens, fences and walls;
(p) Vicinity map showing adjacent subdivision;
(q) The method of maintaining common facilities;
(r) Proposed lot lines;
(s) The location and size in areas or square feet of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites, streets, and similar public and semi-public uses. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.050 Planned development district design standards.
Planned development districts shall be in compliance with the following design standards:
(a) Perimeters of the planned development district shall maintain all required building setbacks as specified in the applicable zone designation.
(b) The planned development district shall be compatible with adjacent land uses and shall not adversely affect the character of the area in which it is located.
(c) Performance standards for the uses enumerated in the planned development district shall be evaluated in light of the standards established in the Othello Municipal Code for the underlying zone.
(d) Population density and building intensity shall be evaluated in light of the densities and intensities permitted in the underlying zone.
(e) All dedicated rights-of-way within a planned development district shall be evaluated in accordance with city street and utility standards. The location of sidewalks may be varied as deemed appropriate when it is found that the planned development district plan provides for the separation of vehicular and pedestrian circulation patterns.
(f) The vehicular movement and parking plan shall be consistent with the existing vehicular movement and shall not create an overburden.
(1) Private streets are permitted. All private streets or roadways shall have direct access onto a dedicated street. Private streets and roadways shall be constructed in compliance with city street and utility standards subject to modification with council approval. All private streets and roadways shall be designed and maintained to carry emergency vehicles.
(2) Off-street parking spaces and loading areas shall be provided as specified in Chapter 17.61.
(3) The planned development district shall be located with respect to existing rights-of-ways which are adequately designed to handle the generated traffic without creating additional traffic along minor streets in residential neighborhoods.
(4) Planned development districts shall be so located with respect to schools, parks, playgrounds, and other public facilities so as to have access in the same degree as would development in a form generally permitted in the area.
(g) Utilities.
(1) All utilities including electrical lines, telephone lines, and cable TV and radio lines shall be installed underground except for access terminals in residential zones or residential areas of a planned development district and commercial zones or commercial areas of a planned development district.
(2) Planned development districts shall be so located in relation to sanitary sewers, water mains, storm and surface drainage systems, and other utility systems and installations that will be of adequate size to properly serve the planned development district and conform to the comprehensive water and sewer plan. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.060 Permit processing.
Applications for a planned development district shall be processed as a land use permit under Title 19, Development Code. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.090 Hearing examiner action.
(a) The community development director shall transmit the planned development district application and map(s), respective comments and recommendations from other offices, agencies, and city departments to the hearing examiner prior to the hearing.
(b) The hearing examiner shall review the planned development district application and map(s), municipal recommendations, testimony and exhibits submitted at the hearing and make recommendations to the council to assure conformance of the proposed planned development district with the provisions of this chapter and a determination that:
(1) The planned development district shall be compatible with nearby developments and uses.
(2) Peripheral treatment insures proper transition between planned development district uses and nearby external uses and developments.
(3) The development will be consistent with the comprehensive plan and with the purpose of a planned development district.
(4) The planned development district can be completed within a reasonable period of time.
(c) The hearing examiner shall recommend that the council approve, conditionally approve, or disapprove an ordinance providing for the establishment of a planned development district. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.100 Preparation of the planned development district ordinance.
(a) Upon hearing examiner review of a planned development district application and map(s), the city attorney shall prepare an ordinance providing for the designation of the subject property as a planned development district. That ordinance shall establish the planned development district as a floating district to be superimposed over the existing zone and provide for specific modifications of the bulk and use regulations and performance standards as provided for in the ordinance. The ordinance shall specify the specific modifications to the underlying zone’s bulk regulations and performance standards. The ordinance shall provide that the applicant or the applicant’s successor in interest shall be bound to the uses and modifications specified in the ordinance.
(b) The ordinance providing for the designation of the subject property as a planned development district shall conditionally approve the preliminary planned development district. The ordinance shall only confer development rights upon the applicant or the applicant’s successor in interest upon the submission and approval of a final planned development district application and map(s) which shall be in substantial conformity with the preliminary planned development district application and map(s). Approval for the applicant to proceed with construction shall be contingent upon receipt and approval by the city council of a final planned development district application and map(s). (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.110 City council action.
(a) At the next regularly scheduled meeting of the city council there shall be presented an ordinance providing for the establishment of the planned development district.
(b) The council shall consider and adopt or reject the ordinance with respect to the recommendations of the hearing examiner and the requirements of this chapter. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.120 Final planned development district application and map(s).
Upon preliminary planned development district approval, the applicant shall prepare a final planned development district application and map(s) as needed.
The final application and map(s) shall be prepared in substantial compliance with the approved preliminary planned development district application and map(s); contain or depict all information required in the preliminary application and map(s); and shall incorporate any changes required by the council in granting preliminary planned development district approval.
In addition, the final planned development district application and map(s) shall contain and/or depict the following information:
(a) A title report from a title company licensed to do business in the state of Washington dated within thirty days of the date of filing of the final planned development district application and map(s) confirming that the title of the lands described and shown on the application and/or map(s) is in the name of the owners signing the planned development district application and map(s) and/or instrument or dedication.
The holder of the owner’s power of attorney may sign the planned development district application and map(s) and/or instrument of dedication; provided, that the title company confirms that the person signing the documents is in fact the holder of the owner’s power of attorney and that title to the land is in the name of the person granting power of attorney;
(b) All street and utility improvements required by the council in granting planned development district approval must be built and accepted by the city, or guaranteed, prior to submittal of the final planned development district application;
(c) Required dedication of all streets, rights-of-way, parks, playgrounds, easements, reservations, irrigation water rights-of-way, and any area to be dedicated to public use, together with any restrictions or limitations thereon, shall be submitted for council approval and acceptance as a part of the final planned development district plan map(s) or as a separate instrument of dedication;
(d) All covenants proposed to run with the land;
(e) A nonrefundable fee of five hundred fifty dollars shall accompany each and every application for a final planned development district approval. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.140 Council action.
(a) The council may within sixty days from the date of filing of the final planned development district application and map(s), approve or disapprove the final planned development district application and map(s) unless the subdivider consents to an extension of such time period in writing.
(b) If the council finds that the planned development district proposed for final approval conforms to all terms of the preliminary planned development district approval, the requirements of this chapter, applicable state laws, and any other requirements that were in effect at the time of preliminary planned development district approval, it may approve the final planned development district application and map(s).
(c) The council may approve a phased planned development district construction schedule. On-site construction and installation of all required street and utility improvements and landscaping shall be completed in compliance with the approved planned development district construction schedule for each phase of the planned development district. (Ord. 1546 § 4 (part), 2020: Ord. 979 § 1, 1996; Ord. 948 § 2 (part), 1995).
17.54.150 Issuance of a building permit.
No building permit shall be issued until final council approval of the planned development district and/or fulfillment of the subdivision or binding site plan requirements of the Othello Municipal Code. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.160 Landscape performance bond.
(a) No building permit shall be issued until the applicant has posted a performance bond or other approved security in a form satisfactory to the city attorney in such an amount to cover one hundred fifty percent of the cost of completing all landscaping improvements as required by the council in approving the final planned development district. All landscaping improvements listed in the bond or security must be completed within two years of council approval of the final planned development district.
(b) In the event that all landscaping improvements are not completed within the time limit specified in the performance bond or approved security, the bond may be forfeited and the city may undertake the installation and completion of all required landscape improvements. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.170 Street and utility improvements performance bond.
(a) No building permit shall be issued until the applicant has posted a performance bond or other approved security in a form satisfactory to the city attorney in such an amount to cover one hundred fifty percent of the estimated cost, as determined by the city engineer, of all street and utility improvements required by the council in granting planned development district approval. All street and utility improvements must be completed within two years of council approval of the final planned development district.
(b) In the event that all street and utility improvements are not completed within the time limit specified in the performance bond or approved security, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.180 Extension of bond or security time limit.
(a) The council may grant one extension of any performance bond or approved security required by this chapter not to exceed one year; provided, that the request for an extension is filed with the community development director at least sixty days prior to the expiration date of the bond or security.
(b) In the event that a time extension is granted, a new performance bond or other approved security shall be submitted in an amount sufficient to cover one hundred fifty percent of the cost of completing utility and street improvements or landscaping improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased costs shall be passed onto the bond.
(c) Departments issuing recommendations for new performance bonds or approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates to the bond or security to cover the cost of completing utility and street improvements and/or landscaping improvements. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.190 Maintenance bond.
Upon completion of the required public improvements and prior to acceptance by the council, the subdivider/developer must submit a maintenance bond or alternative security approved by the city attorney as specified in the public works design standards. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.210 Changes and modifications.
(a) Major changes in the approved final planned development district shall be considered as a new application for preliminary planned development district approval. Major changes include, but are not limited to, the following:
(1) Change in use;
(2) Major change in vehicular circulation system;
(3) Increase in density or relocation of density pattern;
(4) Change in exterior boundaries except survey adjustments;
(5) Increase in building height.
(b) The community development director may approve changes in the final planned development district which are minor and of a technical nature and which are consistent with the approved plan. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).
17.54.220 Repeal of planned development district ordinance.
(a) The community development director shall prepare and submit to the council an ordinance providing for the repeal of the ordinance establishing the planned development district upon the occurrence of the following:
(1) A final planned development district application and map(s) has not been submitted within three years of adoption of the ordinance conditionally approving and establishing the planned development district unless an application for an extension has been approved by the council.
(2) Construction has not commenced within two years of final planned development district approval or in compliance with the final approved planned development district construction schedule unless an application for an extension has been approved by the council.
(b) Application for Time Extension.
(1) Sixty days prior to the consideration of an ordinance to repeal the ordinance establishing the planned development district, the responsible party of record representing the planned development district shall be notified by certified letter via U.S. mail of the pending action and shall be afforded the opportunity to submit an application or an extension of the planned development district ordinance.
(2) The council may grant one extension not to exceed one year of the ordinance establishing the planned development district.
(3) Application for an extension shall be made to the city council at least thirty calendar days prior to the scheduled date of the repeal ordinance.
(4) The application shall include a statement of mitigating and/or hardship circumstances necessitating the request for an extension.
(5) At the time of the consideration of the ordinance the council may grant the requested extension based upon the recommendation of staff and testimony given at that time.
(6) If the extension is approved, the repealing ordinance shall be docketed for consideration at the termination of the one-year extension period. In the event that a final planned development district application and map(s) has not been submitted within the one-year extension period or in the event that construction has not commenced within the one-year extension, there shall be adoption of the ordinance repealing the planned development districts. (Ord. 1546 § 4 (part), 2020: Ord. 948 § 2 (part), 1995).