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Ordinance 1459oprINAIICE NO. 1 yS�- ., 0rDINA?•]CE OF THE CITY OF EDT"ONDS, T]A.S1,INGTON i�., ADOPTINC 1477 SECTIONS 12.14.OGO ThP.OUGH 12.14.069 INCLUSIVL TO THE L,D .C?11DS CITY CODE, r1HICIi SECTIONS ADOPT A ITE-1 PLANNED RESIDENTIAL DEVLLor:. WI,IT OF.- DI11A 10E SETTII,IG r0PT11 THE PURPOSE OF A_ PLANNED RESIDEITT1AL DEtiTELM-ENT, PROVIDING THE PI 11;JTTEL' USES TITLEREIA, THE PI?OCEDUP,L FOr, PPEPA..P.PTION, REVIEV,' ANT' ,APPPOVAL OF rLANNT"D RESIDENTIT`.L DE- VELOPUENTS , P1:_?UIR " ENTa FOI' DE SIGN, LOCATIOi.y , APEL, O7.7'i1EPS iIP, V-PPOVErliIi;TS, P,EVOCATION AND ADANDON.PENT, ALL PURSUANT TO PLANNING CO?`"F'+ISSION RESOLUTION WO. 314 F.S VODIFIED AIM SUPPLEMENTED BY THE ED?'O_dDS CITY COUNCIL. TIIIL-] CITY COUIICIL OF THE CITY of ED BONDS, ']ASHINGTON DO ORDAIN AS FOLLO;^JS Section 12.14.060.! Purpose: The purpose of the Planned residential Development procedure is to permit flexibility and diversification in land use resulting in planned developments as good or better in function and relationship to the community as the traditional lot -by lot development, while insuring substantial compliance with the objectives of the Comprehensive Plan. Other reasons for establishing this procedure are; 1. To lower housing and land development costs through Cie more efficient use of utility and street systems. 2. To preserve a larger area of the outstanding natural landscape, including nature trees and stream beds. 3. To permit more advantageous use of ►arotrerty ` through grou-ping of structures, creating of greater open s--lace and combinations of uses othen,ise not permitted to mix. This advantage is intended to mutually benefit the land owners, adjoining properties and the community., The use of this procedure does not alter the underlyinS zoning attached to t'_ie land nor the fundamental intent, of the district regulations as far as overall density of dwelling units is concerned within the P.R£.D. as a total unit. Section 12.14.061 Permitted Uses: In a Planned residential development the following uses are permitted- 1. Detached single-family homes. 2. Other uses listed in Sections 12.13.030 and 12.13.040. Section 12.14.062. Design Requirements: The following regulations shall apply to the design of planned residential developments. 1. Yards; The largest front yard requirement of the zoning districts contained within the project shall apply to the exterior boundary lines vihere lots are to be located with areas smaller than that established by the zoning districts. In no case shall the eaves or any other portion of a '')uilding or structure be separated by less than 10 feet of open space. 2. Open Space Land: a. Amount: There shall be a minimum of 20 dedicated or reserved as usable common open space land. Driveways, Parking lots, and required yard areas will in com utkin not be allowed/= oven- sracc. b. Guarantee: I,,. written guarantee to the City must be provided to insure permanent retention of open space land area resulting from the application of these regulations, either by private reservation for the use of all of the residents within the development or by dedication to the public or a combination thereof. 3. building Ireirht- The maximum height of build- ings shall not exceed the height permitted in the zone in which the project is located. 4. Alowed_ Density: The number of dwelling units permitted in any "R" classified zone may Le determined by dividing the net development area by the minimum lot area Per dwellinc unit required by the zones established on the property. Tet development area shall be determined -2- =:y subtracting the area set aside for churches, schools, or commercial use frog: the total development area. Fractional units shall be rounded to the closest whole num}per. 5. Permitted Site Coverage: The ;permitted per- centage of coverage by ',uildings and structures for the net development area as determined by the preceding para- graph above shall not exceed the rercentac;e of coverage perr.-Atted in the zones in which the project is located. Percentage for corner lots ti.All not be allowed. 6. Off-street Parking Requirements Off-street parking requirements shall be in accordance with the provisions of Section 12.14.020 of this Title. 7. F ll projects n.ay propose concepts such as a. Public or private access lanes. b. Varied lot -size subdivisions. c. stablishr-ent of green belts or other open areas, or connunity-`)uildings or recreation facilities. d. Detacied single-family homes grouped around a common court, playground or recreation area. Section_12.14.063. Locational Requirements: Planned ^esidential Development projects ray locate in any zone permitting residential units. `ecti.on 12.14.064. F rea .�'� "e� dements : F minimum site size of 5 acres is established for Plar."ed Residential Development projects. Section 12.14.065._ Ownershirp requirements: The proposed project shall eit':er be in one ownership or under a unity of control to assure that t'sne development can be accomplishes as planned. Section 12_14.066._ Improvements=ecluired: Projects shall comply all applicable city ordinances, in- cluding but not lirmited to Chapter 12.08. They shall be complete developments and developers shall be required. to -3- include facilities such as paved streets, curbs, sidewalks, street lights, underground store drainace, sanitary sewers, underground power and telephone lines, landscaping, and other facilities deemed necessary by the Planning and yn- gineering Departments and approved by the Planning Commission. If private streets are proposed, a written guarantee will '-)e required that such streets will ?)e maintained by the a,7ners to the degree equal to the Edmonds City design standards applicable to public streets of sul)stantially the same width. Section 12.14.067. Ceneral P.ecquirements. F>11 projects shall })ear the '�urden of perimeter transition and demon- strate that there is a general public benefit to be gained by the deviation from the underlying zoning regulations, such as 1. P.dditional or better -related open spaces, such as yard areas between the 'buildings T%7ithin the project, or yard areas between the project buildings and adjoining properties and buildings, or a design of open space that creates a. desirable or useful environment between buildings. 2. P.dditional public -use facilities, such as ped.- estrian walks providing a service and convenience to residents in the vicinity, or streets improving local circulation or pu'b1ic access to a lar:e or stream. 3. Preservation of natural assets, such as his- toric landmarks, specimen trees, a trove of woods, a stream, a view, or other amenities. The planning Commission and Council shall evaluate the proposed plan to determine if it vAll '_)e an asset to the surrounding residential areas and will result in the construction of an interesting, ?ell -designed neighbor- hood for future residents �,Tithin the project. Section 12.14.068. Procedure for Preparation, review and Appro'vala V� 1. Preliminary L.prlication. 2"M the ovners of -4- property within a ?ronosed project shall submit to the Planning Department a preliminary development plan and shall complete any application forms as provided by said officer. 2. Fees i For the rxeliminary application a r:inimum fee of $500.00 or 1/10th of one cent per square foot, whichever is larder, shall be paid to the City. For the final application an additional fee of 1/20th of one cent per square foot shall be paid. The square foot measurement shall be the same as the gross devel- opment area. If portions of the area are to be sub- divided and sold as separate parcels, the platting fees as specified in the Subdivision ordinance shall be waived. 3. L-,o lication Exhibits: T.11 applications shall include a. vicinity map showing all dedicated streets. b. Proposed development plan showing topo- graphy, existing improvements, the general intent and apportionment of land for buildings, stipulated use, circulation pattern and surrounding Planim.etric detail for a depth of 300 feet. c. Text evp lanation of any material aspects not disclosed on the plan. 4. Pdrninistratiye review- The Planning Department shall review any application and may require infDtination and exhibits to determine t-Y?Iether all reQuirements of this code are fulfilled. If the Planning renartment finds that the T�relirinary proposal meets the miniii ura defined standards, the a -placation will be scheduled for a pu3blic bearing before the Planning Commission. The application shall ue referred to the Engineering, wilding and Fire departments for their review and comment. 5. Plannin_Commission neview.- kfter notice as -5- prescribed !by Section 12.16.170 c (1) (2) as in the case of rezones, the Planning Commission shall conduct a public hearinn on tie application to determine whether the Flan is in agreement with the development policies indicated '>y Title 12 of the I?d_monds City code and the purposes of this ordinance. The Planning Commission shall give preliminary approval, disapproval or approval with modifications of the proposed development. This preliminary approval of the proposed development plan shall be binding upon the intent and use as specified above, but shall not be construed to render inflexible the ultimate design, specific uses or final plan of the project. In the event the Planning Commission gives preliminary approval, the said approval will be reviewed by the City Council at a public hearing held in accord- ance with Section 12.16.170 e and f. In the event the Planning Commission disapproves the application, the applicant or other interested party may file a written appeal of said disapproval with the Planning Department to request a hearing before the City Council. The appeal must be made within 30 days of said public hearing 10y the Planning Commission and will ')e heard by the City Council in accordance with Section 12.16.170 e and f . 6. City, _Council Action; The Council may approve, modify or reject the Planning Commission �_relim.inary reQomr,w_-ndation. Any action ?;y the Council shall be by motion. If the City Council denies a proposal, a six month --)eriod must lapse after the Council hearing be- fore another planned residential development proposal may be submitted to the Planning Department for the same pro,)erty, or any ;?art thereof, unless waived by the Council at a rerular public nearing. 7. Preparation of Final Development Plans: 7 -ppli- cant shall, within six months following date of prelim- inary approval '_)y the Council of the --)rorosed development -J- plan, submit a final developient Tian for approval by the Planning Cormlission. The plan, will, upon approval by the Commission, constitute a limitation on the use and design of the site. 8. Lxhibits; Final applications shall include the following exhi1:,its a. An accurate map drawn to a scale specified by the Planning Department s iowing the boundaries of Cie site, nares and dip:-ensions of all streets Founding or touching the site; the proposed location and horizontal and vertical dimensions of all commonly owned structures; the front, rear and side yard areas to be established on privately owned lots; my proposed location and dimension of "open space" and proposed public dedications within the site; location, dimensions- -and=°design of -off-street park- ing facilities showing points of 'ingress to and, egress from, ' the site; the location,, direction `and bearing of any major'physiocrraphic features such as railroads, drainage canals, and shore lines and existing;t6pographic contours,at intervals of not more than five feet together with radin roposed P g g; 'drainage' and landscaping: lj Tn `explanatory' text containing a written stater.ent of the cenerah purposes of '_ the -project - an, explanation of all'featurest pertaining to •uses and other T)ertinent, mattersnot readily iden t-ifiable in r sp °form and the proposed forre of guarantees relative to maintenance standards, -.open sppace I 'and` similar matters, such `as' the land' owners trust; 'home: ovmers association,i, or similar required, arrangement' to- assure the perforirance'. of the purposes of the planned residential developr!ent. 'ihe: adoption of the texts ecifyinc; the narticular'non-res- dentiaTc-:uses= permitted to'locate�.on:the site; if .any. shall 'constitute alimitation to those, specifioc uses 9' P lLtihhinu covvdssion Peviell : � 'the .:Plannin Cor.:Yfissian shall reviews 'tlie -proposed` final `flan as pre scribed in the nreceding, paragraphs "�herein, 'eXcert that -7- hosted. and published notice is not required. final approval by the Planning Corraission shall Le conditioned upon performance of conditions and performance bonds may he required. The applicant, within three months after the final approval, shall file with the Planning Department such bonds, evidence of compliance or undertakings as may be required by the conditions of final approval. Upon fulfillment of all required con- ditions precedent contained in the final approval, the Planning Department shall ►resent to the Council a draft ordinance to adopt the Planned residential Development as an arnendrent to the Zoning i :ap, incorporating by re- ference all maps, draerings, conditions, undertakings and ex- hibits required to specify the precise land use authorized. The proposed amendrent to t :e Zoning rq.ap shall designate the boundaries of the -project and t'-ie file number of the application. Ii file shall be rI.Lintained by the Deputy City Clerk for the i lanning Department under that number containing all raps and other documents or exhibits re- ferred to or incorporated in the adoptive ordinance, the provisions of which shall constitute a limitation on the use of the property. The ordinance shall contain a text legal description of the ?)oundary of the Planned :esid- ential Development. The Council will take action on the proposed ordinance in accordance with Section 12.16.170 e and f. 10. Administration of Planned pesidential Developments_ Upon the adoptive ordinance ?jeing effective, the City shall permit the use of the land and erection of structures in compliance with the plans and undertakings approved. Tny use or structure inconsistent with the approved plans and undertakings shall lie a violation of this ordinance and no -wilding Permits shall l:)e issued thereon. a. ::'odification of �.proved Projects: Except as approved, no Planned Pesidential Development shall be WO used, constructed, modified or changed. 1`ny c-3zange in a Planned residential Development shall be applied for and processed in the same manner as an original application. Changes in plans or s ecifications m.ay be periftitted by City Departments having jurisdiction provided such chancres are not material to the maintenance of the character of the approved development. T,7ritten notice of all such changes shall be given the Planning Department immediately. b. record of Subdivision: A_ project which plats or subdivides land for sale and individual owner- ship shall properly record the plat with the Snohomish County Tuditor prior to the issuance of any building per- mits, authorization to commence construction, or sale of any portion of the property. C. Buildinq Permits: The application for a building permit or other authorization ro commence work on the project shall be accompanied byz (1) -ny bond required by the City Council guaranteeing completion of a specific defined portion of the project as authorized and anp_ roved, and/or a standard i-)lat bond if subdivision and sale of lots is a part of the project. (2) Deeds to any land or properties intended for public ownership and use in the cornnleted project. (3) A complete project site plan and construct- ion flans and specifications for the initial buildings. d. Compliance; The City Administration shall find that the plans submitted for construction comply with the conditions of approval by the Planning Commission and City Council. Section 12.14.159. revocation of I`_pproval. In the event a condition of approval is violated. or unfulfilled within the time set for its completion, or provisions of the approval or the Edmonds City Code are violated, the Council may, either on recommendation of the Planning -9- Commission or on its ol•in motion, direct that written notice ;.;e given to the applicant at least ten (10) days prior to and conduct a public hearing upon the question of the revocation of the approval and any permits granted pursuant to it. After a public hearing the Council may revoke the approval and/or permits by ordinance. Tlothing 'herein shall limit the revocation of ?building permits, issuance of stop orders or other suc'i -.rocedures elsewhere authorized by the *'dmonds City Code. 1. Abandonment: If a Flannec'. Residential Devel- opment project is abandoned, of if, upon the expiration of two years from the adoption of the authorizing ordinance, the project has not been completed (or commenced pur- suant to an extension of time for completion granted by the Planning Commission), the authorization for the project shall automatically expire and no r_uilding or occupancy permits shall thereafter be issued, renewed, or extended. Upon expiration, the land and structures if any, may only be used for a lawful purpose rermitted in the zoning district in which the project is located. The City Council shall, 'y ordinance, strike the Planned residential Development designation from the Official Zoning '-an. If a rroject is approved for construction in phases, file authorizing ordinance may provide completion dates for each phase, which provisions shall supersede this naragran<h . 71-P P f0VILD s I IT H21 ^F.ISOIT 1. f .YOP.__._ ATTEST: I rENL VAFTJEY OPI(V1 CITY CLY Fs: _-. -- — PASSLD 13Y WE CITY COUIXIL: January 20, 1970 FILED T'IITH TII _ CITY CLEFT, z January 20, 1970 PUI;LI 1'I?TD : January 28, 1970 -110-