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Ordinance 1836ORDINANCE NO. 1836 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 12.14 OF THE EDMONDS CITY CODE PROVIDING FOR AN ALTERNATIVE FORM OF LAND DEVELOP- MENT BY MEANS OF PLANNED RESIDENTIAL DEVELOPMENT; ESTABLISHING PROCEDURES, CRITERIA AND STANDARDS FOR SUCH DEVELOPMENT; AND PROVIDING PROCEDURES FOR APPROVAL OF A PLANNED RESIDENTIAL DEVELOPMENT; ESTABLISHING CONDITIONS FOR REVOCATION OF APPROVAL AND CRITERIA FOR DETERMINING ABANDONMENT OF A PLANNED RESIDENTIAL DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 12.14.060 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.060. Purpose. The purpose of the Planned Residential Development (PRD) Ordinance is to provide the City with an alternative form of development which will promote flexibility and ingenuity in the layout and design of new development, and which will protect the environment through the use of open spaces. The PRD process can improve upon the traditional lot by lot development by accomplishing, among other things, the following: (1) preserving outstanding or unique natural landscapes, trees, streams or other amenities deemed valuable to the community (2) clustering structures to create open spaces, especially where steep slopes exist or other natural features can be preserved (3) providing a more efficient street and utility system, serving units in a cluster, thus lowering housing, land development and main- tenance costs, and reducing the amount of impervious surfaces." Section 2. Section 12.14.061 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.061. Permitted Uses. (1) The following uses are permitted in a PRD in a single-family (RS) zone: (a) Detached single-family homes (b) Townhouses and duplexes (c) Primary and secondary uses permitted in RS zones, Sections 12.13.030 and 12.13.040 of the Edmonds City Code. (2) The following uses are permitted in a PRD in a multiple residential (MR) zone: (a) Any uses allowed in subsection (1), above (b) Any primary uses allowed in RM districts in Section 12.13.110 of this Code." Section 3. Section 12.14.062 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.062. General Design Requirements. (1) The PRD concept of development may be utilized only in those instances where the parcel or parcels of property to be thus developed are of sufficient area that not less than five (5) lots could be formed based on the underlying zoning by subdividing in compliance with Chapter 12.10 of the Edmonds City Code. (2) The PRD designation is superimposed over the underlying zoning district designation without changing the intent of the underlying district regulations, including density. Although the PRD provides for modifications of the under- lying zoning regulations, the applicant must carry the burden of proof in demonstrating that the site is conducive to a PRD designa- tion because: (a) Unusual circumstances exist, not created by the applicant, which make it difficult to develop the land on a lot by lot basis, such as (1) the shape of the lot, parcel or aggregated parcels (2) topography, such as steep slopes, soils condition, wetlands; or (b) Significant natural features and/or amenities need to be preserved, such as (1) groves of woods, specimen trees, animal habitats, (2) streams, ponds, lakes, ( 3 ) views, (4) historic structures (3) All projects shall give special treatment to perimeter transition and shall demonstrate that there is a public benefit to be gained by adoption of a PRD on the site, such as: (a) Beneficial creation of open spaces to buffer incompatible uses (residential from commercial, or single-family residential from multi -family resi- dential), or to create desirable and useful yard areas between buildings in the project. -2- (b) Preservation of natural features and assets such as streams, trees, slopes, historic structures, views and other amenities beneficial to the community. (c) Provision of additional public use facilities, such as pedestrian walkways, bike paths which improve local circula- tion or public access to a stream or park. (d) Greater on -site water retention due to a reduced amount of impervious surfaces thus having less of an impact on the drainage system." Section 4. Section 12.14.063 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.063. Specific Design Requirements. The following regulations shall apply to the design of the PRD: (1) Allowable Density. The number of dwelling units permitted in any residential, or "R" classified, zone is determined by dividing the net developable area by the minimum lot area established on the property by the zoning designation. Net developable area is determined by subtracting the area set aside for streets, schools, churches or commercial use from the total development area. Fractional units shall be rounded to the closest whole number. (2) Building Height. The maximum height of any building shall not exceed the height permitted in the underlying zone in which the project is located. If the PRD encompasses two or more zones with different height require- ments, buildings located in each such zone shall conform to the zone within which the building is located. If any building will be built on two or more different zones, the most restrictive height requirement of said zones shall apply. (3) Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with the provisions of Section 12.14.020 of this Code. (4) Open Space Land. There shall be a minimum of 20% of the net developable land dedicated for or reserved as usable common open space land. Driveways, parking lots and required yard areas will not be allowed in computing open space. The applicant shall specify through what mode and what manner the open space shall be main- tained. The City may require that restrictions be placed in the nature of covenants running with the land including naming the City as the beneficiary of said covenant or such other requirements as are necessary to insure that adequate provision for maintenance for such open space exists. (5) Permitted Site Coverage. Coverage of the site by buildings and other structures shall not exceed the largest per permitted in any zone in which the project is located. -3- (6) Set Backs. The minimum distance between a building and the exterior boundary line in the PRD shall be determined by the largest setback requirement of any zoning within the area of the proposed PRD. 'This minimum may be increased by the Planning Commission or the City Council if they determine it will minimize the impact and improve the design of the PRD. (7) Design Concepts. All projects may propose concepts such as: (a) Establishment of green belts, or community buildings or recreation facilities; (b) Detached single-family homes or townhouses grouped around a common court, playground or recreational area; (c) Common ownerships of exterior spaces and community facilities; (d) Lots of minimum allowable building area with the balance of the site held in common ownership." Section 5. Section 12.14.064 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.064. Ownership Requirements. The City may require the applicant to give evidence that he has proper authority from all property owners within the proposed PRD to develop the PRD as approved. In addition to any other evidence, the City may require preliminary title reports on the property in question and letters of authority from the record title holders." Section 6. Section 12.14.065 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.065. Procedure for Preparation, Review and Approval. Planned residential projects will be approved in three phases. The intent of the procedure is to provide a method for incremental approvals during the design process. The following chart indicates which body approves the plan at each stage of the process: Amenities Planning Planning Design City Approval Process Department ConTnission Board Council 1. Preliminary Review X (X) 2. Design Review X X X 3. Final Approval X -4- (1) Preliminary Review. The preliminary plans of the PRD shall be submitted to the City Planner for review and comment. It is the intent of this phase to provide an opportunity for the developer to work with the City staff to design a total plan for the PRD which best meets the goals of the City and the needs of the developer. Such potential problems as drainage, topography, circulation, site design and neighborhood impact can be identified and addressed before the proposal is submitted for subsequent approvals. The City Planner shall attach preliminary recommen- dations to the PRD application which shall become part of the official file and accompany the applica- tion through the approval process. The City Planner shall submit recommendations no later than one month from the date the application was submitted to the Planning Department for preliminary review. Should the project contain unusual or severe environ- mental problems or unusual compatibility problems with adjoining property owners the City Planner or the ap- plicant may request that the proposal be given pre- liminary review by the Planning Commission before it is submitted for the design review phase. This review should give the applicant and the Planner immediate public response to the proposal as a concept in rough sketch form before substantial amounts of time and money are spent to finalize the concept at the design review .phase. The Planning Commission shall make recommendations to the applicant on his proposal for subsequent action. Notification for the Planning Commission hearing shall be made by three separate postings on or near the property in question at least ten days prior to the date of the hearing. A. Fees. The application fees for PRDs shall be as set forth in Chapter 12.01 and Section 12.10.060 of the Edmonds City Code. B. Exhibits for Preliminary Review. In addition to the other exhibits. required by the Planning Department the following shall be required to be submitted: (1) A vicinity map; (2) A topography map or other available information showing existing slopes and major existing site features. (3) Development plan. The plan should be in sketch form, drawn to scale, of sufficient detail to serve as the initial document that will be further refined for subsequent approvals. The plan in sketch form shall include the following: (a) topo- graphy; (b) existing improvements; (c) existing vegetation, designating trees 8" or more in diameter; (d) proposed structures; (e) circulation pattern ( f ) general statement of intent indicating apportionment of land for buildings, stipulating the use to which buildings and land will be made; (g) the surrounding area in sufficient detail to indicate uses thereon for a radius of at least 300 feet from all boundaries. -5- (2) Design Review. After the City Planner has reviewed the plan with the applicant and has submitted the Planning Department's recommendations, the applicant shall present the PRD application to the City Planning Commission and Amenities Design Board (ADB) for design review. Any City Council action shall occur only after the Planning Commission and the Amenities Design Board have completed their design review. A. Exhibits for Design Review. All exhibits shall become a part of the official file. With the exception of models, all exhibits shall be reduced to be reasonably filed in an 8-1/2" by 11" folder. The exhibits shall include, but not be limited to the following: (1) A vicinity map; (2) A topography map at 5 foot intervals, certified by a registered surveyor or engineer; (3) Detailed landscape plan showing existing trees 8" in diameter at the base or larger, plants and shrubbery to be used on the site for general landscaping as well as perimeter screening; (4) A precise development plan at a scale that clearly shows all proposed structures; common areas and facilities; yard setbacks; circulation elements including walkways, bike or equestrian paths, and parking, in sufficient detail to show relationships between these elements; (5) Building elevations with building materials designated as well as a collage board showing proposed colors and materials to be used; (6) The surrounding area in sufficient detail to indicate uses thereon for a radius of at least 300 feet from all boundaries; (7) In addition to the plan in sketch form there should be a text with explanatory material describing the characteristics of the project and the intent for imple- mentation of the proposed project; (8) The elements listed above are illustrative only and may be expanded as deemed necessary to include other information. B. Planning Commission Design Review. (1) Notice of Hearing. The Planning Commission shall review the PRD application at a public hearing after notice has been given as pres- cribed in Chapter 12.10.080 of the Edmonds City Code. (2) Review Criteria. The Planning Commission shall review the application for conformity with the Official Comprehensive Policy Plan, Land Use Plan, Zoning and Subdivision Codes, this chapter, and shall examine the elements of the PRD elan including, but not limited to: (a) Land use. (b) Circulation, including matters related to fire and police protec- tion. (c) Environmental protection. (d) Utilities and drainage facilities. (e) Assurances that the PRD will be developed as presented in design documents and statements of intent. (3) Approval and Appeal. The Planning Commission shall approve, modify or disapprove the application. If the Planning Commission disapproves the application, the applicant may appeal to the City Council. Provided that any such appeal shall be made only after the Amenities Design Board has completed its review and has forwarded its recommendation to the City Council pursuant to the provisions of this chapter. Such appeal must be made within fifteen (15) days from the date the Amenities Design Board:, forwards its recommendations to the City Council or the Planning Commission denies the application, whichever is later. C. . Amenities Design Board (ADB) Design Review. The ADB shall review the PRD application in an advisory capacity only and shall consider but not be limited to, the following: (1) The criteria contained in Chapter 12.20 of the Edmonds City Code with respect to the following: (a) It encourages the most appropriate use of land. -7- (b) It promotes a coordinated development of unbuilt areas. (c) It conserves and restores natural beauty. (d) It promotes good quality design specifically in landscape and site treatment, circulation and street grade, parking, building design, and impact on the surrounding neighborhood. (2) Review by the Amenities Design Board shall be at a regular meeting of said Board and the Board's recommendation shall be reduced to writing, placed in the file and be transmitted to the City Council for its design review. D. City Council Design Review (1) The City Council shall review the recom- mendations of the Planning Commission and the ADB. The Council may return the application to the Planning Commission for future study or the Council may approve, modify or reject the application. If the project is modified or rejected, the Council shall state its reasons for so acting. It shall create the presumption upon approval by the City Council that the Council has found that all conditions for granting a PRD have been met, even though such findings are not specifically included in the motion for approval. (2) If the City Council rejects the PRD plan, a similar plan for the site may not be submitted to the planning Depart- ment for one year. A new plan which varies substantially from the rejected proposal as determined by the City Planner or one that satisfies the objections stated by the City Council in its design review may be submitted no earlier than three months from the date the City Council rejected the previous application, unless waived by the City Council at a regular.public meeting. (3) Appeal from the City Council's design review decision shall be to the Superior Court of Snohomish County and shall be governed by the requirements as contained in 12.10.190 of the Edmonds City Code. (3) Final Approval. A. Approval by the City Council at the design review shall enable the applicant to prepare the final development plan. Within three months after the design approval by the City Council, the applicant shall file with the Planning Department such bonds, evidence of compliance or undertakings as may be required by the conditions of the City Council's design review approval. B. Upon fulfillment of any and all required conditions precedent contained in the City Council design approval, the applicant shall submit the final development plan to the City Council to adopt the PRD as an amendment to the zoning map, incorporating by reference all maps, drawings, conditions, and exhibits required to specify the precise land use authorized, provided there have been no substantive changes in the plan since Design Review Approval was granted by the City Council. The proposed amendment to the zoning map shall designate the boundaries of the project and the file number of the application. A file shall be maintained by the Planning Department under that number containing all maps and other documents or exhibits referred to or incorporated in the adoptive ordinance, the provisions of which shall constitute a limitation on the use of the property. C. The ordinance shall contain a text legal description of the boundary of the planned residential development. D. Adoption of the ordinance shall not repeal the underlying zone classification in the PRD area. The PRD ordinance shall merely allow development to occur in a different way, consistent with all underlying zoning require- ments and restrictions. Revocation of approval or abandonment as provided in this chapter shall eliminate all requirements imposed under the PRD plan and shall cause the old underlying zoning requirements to be in full force and effect." Section 7. Section 12.14.066 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.066. Administration of Planned Residential Developments. After the effective date of the Ordinance passed pursuant to 12.14.065(3), the city shall permit use of the land and erection of structures in compliance with the plans as approved. Any use or structure inconsistent with the approved plans shall be a viola- tion of this chapter and no building permits shall be issued thereon. A. Record of subdivision. A project which plats or subdivides land for sale shall properly record the plat in accordance with the Edmonds City Code chapter 12.10 prior to the issuance of any building permits, authorization to commence construction, or sale of any portion of the property. B. Required permits. The application for a building permit or other authorization to commence work on the project shall be accom- panied by: (1) Any bond required by the City Council guaranteeing completion of a specific defined portion of the project as authorized and approved, and/or a standard plat 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 completed project. (3) A complete project site plan and construc- tion plans and specifications for the initial buildings. (4) Compliance. Before any permits may be issued the city departments shall find that the plans submitted for construction comply with the conditions of approval imposed by the City Council. C. Modification of approved projects. Except as approved, no planned residential development shall be used, constructed, modified or changed. Any change in a planned residential development shall be applied for and processed in the same manner as an original application. Changes in plans or specifications may be permitted by city departments having juris- diction provided such changes are not material to the maintenance of the character of the approved development. Written notice of all proposed changes shall be given to the Planning Department for review prior to their approval." Section 8. Section 12.14.067 of the Edmonds Municipal Code is hereby amended to read as follows: "12.14.067. Revocation of Approval. (1) 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 viola- ted, the Council may, either on recommenda- tion of the Planning Department or on its own -10- motion, direct that written notice be given to the applicant at least ten 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. Nothing in this section shall limit the revocation of building permits, issuance of stop orders or other such procedures else- where authorized by the Edmonds City Code. (2) Abondonment. If a Planned Residential Develop- ment project is abandoned, or if, upon the expiration of two years from the adoption of the authorizing ordinance, the project has not been completed (or commenced pursuant to an extension of time for completion granted by the Planning Commission), the authorization for the project shall automatically expire and no building or occupancy permits shall thereafter be issued, renewed, or extended. Upon expiration, the land and structures if any, may only be used for lawful purpose permitted in the zoning district in which the project is located. The City Council shall, by ordinance, remove the Planned Residential Development designation from the Official Zoning Map. Section 9. Sections 12.14.068 and 12.14.069 of the Edmonds Municipal Code are hereby repealed. APPROVED: D/'t r *' _t� � � I MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE RNEY MORAN FILED WITH THE CITY CLERK: April 12, 1976 PASSED BY THE CITY COUNCIL: April 20, 1976 PUBLISHED: April 28, 1976 -11-