(1) The purpose of the planned development 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 is its own district. Each approved planned development is superimposed on the underlying zone to the extent that the planned development shall modify and supersede the bulk and use regulations and performance standards to the underlying zone.

(2) A planned development shall:

(1) Preapplication Conference.

(2) Study Session. Prior to the submission of the planned development application and map(s) to the hearing examiner for action, the administrator shall schedule a planning agency study session. The administrator and the planned development proponent shall present the conceptual planned development to the planning agency so that the planning agency may study the proposal.

(3) Planned Development Application and Maps. The planned development application and map(s) shall be filed with the city on forms prescribed by the administrator and shall provide the information proscribed in Chapter 18.49 ECMC. The application shall be accompanied by three paper copies and one digital copy of the planned development application and map(s). A nonrefundable fee shall accompany each and every application for a preliminary planned development.

(4) Landscaping Plan. A landscaping plan must be submitted for approval as per Chapter 18.47 ECMC.

(5) 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 ECMC Title 16, Environment. Said information is a part of and must accompany the planned development application and map(s).

(6) 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 application and map(s). The planning agency shall recommend to the hearing examiner that the requested alternative(s) be either approved, conditionally approved, or denied. The hearing examiner shall either approve, conditionally approve, or deny the requested alternative(s) based upon the recommendation of the planning agency and testimony presented before the hearing examiner. 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.

(7) Comprehensive Plan. The planned development shall be consistent with the city’s comprehensive plan.

(8) Findings of Fact. Every decision or recommendation made under this chapter by the planning agency or hearing examiner shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

(9) Subdivision Approval. A planned development for which subdivision or binding site plan approval is required may be submitted as a planned development with short plat, a planned development major plat, or a planned development binding site plan. Such a planned development shall be submitted and processed in conformance with the appropriate subdivision chapter of the Electric City 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 element of a planned development short plat, major plat, or binding site plan must be approved prior to the required subdivision approvals. Such approvals may be given concurrently by the appropriate approving body. (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009)

(1) A legal description of the total site proposed for development including a statement of the present and proposed ownership and present and proposed zoning.

(2) A statement of the planning objectives to be achieved by the planned development through the particular approach proposed by the applicant.

(3) An itemized list of the proposed modifications to the bulk and use regulations of the underlying zone(s).

(4) A development schedule indicating the approximate date when construction of the planned development or stages of the planned development can be expected to begin and be completed.

(5) A statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the planned development.

(6) 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.

(7) Relationship of the property to the surrounding area including identification of adjacent land uses, zoning, and peripheral treatment of the planned development to maximize compatibility and integration of the planned development with adjacent uses.

(8) Proposed land uses and approximate building locations or buildable areas.

(9) A general landscape plan.

(10) Existing site conditions including contours at two-foot intervals and unique natural features.

(11) A list of the names and addresses of all owners of record of real property within 500 feet of the external boundaries of the proposed planned development. In addition, the proponent shall submit a list of the names and addresses of all owners of record of real property within 500 feet of real property which lies adjacent to the external boundaries of the proposed planned development and is owned by the proponent.

(12) 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.

(13) Existing and proposed utility systems including sanitary sewers, storm sewers, water, electrical lines, natural gas lines, TV and radio cable lines, and telephone lines.

(14) The proposed pedestrian circulation system.

(15) The proposed treatment of the perimeter of the planned development, including materials and techniques used such as screens, fences, and walls.

(16) Vicinity map showing adjacent subdivision.

(17) The method of maintaining common facilities.

(18) Proposed lot lines.

(19) 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. 517 § 1, 2016; Ord. 416 § 1, 2009)

(1) Perimeters of the planned development shall maintain all required building setbacks as specified in the applicable zone designation.

(2) The planned development shall be compatible with adjacent land uses and shall not adversely affect the character of the area in which it is located.

(3) Performance standards for the uses enumerated in the planned development shall be evaluated in light of the standards established in the Electric City Municipal Code for the underlying zone.

(4) Population density and building intensity shall be evaluated in light of the densities and intensities permitted in the underlying zone.

(5) All dedicated rights-of-way within a planned development shall be evaluated in accordance with adopted street and utility standards. The location of sidewalks may be varied as deemed appropriate when it is found that the planned development plan provides for the separation of vehicular and pedestrian circulation patterns.

(6) The vehicular movement and parking plan shall be consistent with the existing vehicular movement and shall not create an overburden.

(7) Utilities.

(1) Upon receipt of a complete and satisfactory preliminary planned development application and map(s), the administrator shall distribute copies of the preliminary planned development to each of the following offices, departments, or agencies within two working days of receipt:

(2) Each department, office, or agency may file written recommendations with the administrator within 15 days from the date of filing of the planned development with the city.

(3) The administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations. The proceedings and results of such a meeting shall be documented by minutes. (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009)

(1) The administrator shall transmit the planned development application and map(s), respective comments and recommendations from other offices, agencies, and city departments, to the hearing examiner prior to the hearing.

(2) The hearing examiner shall review the planned development application and map(s), planning agency recommendations, testimony, and exhibits submitted at the hearing and establish required conditions to assure conformance of the proposed planned development with the provisions of this chapter and a determination that:

(1) A title report from a title company licensed to do business in the state of Washington dated within 30 days of the date of filing of the final planned development 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 application and map(s) and/or instrument or dedication.

The holder of the owner’s power-of-attorney may sign the planned development 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.

(2) Three complete sets of preliminary construction plans and specifications along with an AutoCad copy prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements required by the hearing examiner in granting planned development approval. All construction plans and specifications shall be in conformance with city design standards and community street and utility standards. Construction plans and specifications must be approved by the public works department prior to the submission of the final planned development to the hearing examiner for approval.

(3) 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 plan map(s) or as a separate instrument of dedication.

(4) All covenants proposed to run with the land.

(5) A nonrefundable fee shall accompany each and every application for a final planned development approval. (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.120)

(1) Hearing Examiner Action. Within 45 days of filing of the complete and satisfactory final planned development application and map(s) with the city, the administrator shall set a date for hearing examiner review of the final planned development application and map(s). The hearing examiner shall approve or disapprove the final planned development application and map(s) unless the subdivider consents to an extension of such time period in writing.

(2) If the hearing examiner finds that the planned development proposed for final approval conforms to all terms of the preliminary planned development approval, the requirements of this chapter, applicable state laws, and any other requirements that were in effect at the time of preliminary planned development approval, it may recommend approval of the final planned development application and map(s). (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.130)

(1) 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 150 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.

(2) 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. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.160)

(1) 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 150 percent of the estimated cost, as determined by the public works director, of all street and utility improvements required by the hearing examiner in granting planned development approval. All street and utility improvements must be completed within two years of approval of the final planned development.

(2) 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. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.170)

(1) The hearing examiner 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 filled with the administrator at least 60 days prior to the expiration date of the bond or security.

(2) 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 150 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.

(3) 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 as determined by the administrator to the bond or security to cover the cost of completing utility and street improvements and/or landscaping improvements without the written consent of the applicant. (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.180)

(1) Major changes in the approved final planned development shall be considered as a new application for preliminary planned development approval. Major changes include, but are not limited to, the following:

(2) The administrator may approve changes in the final planned development which are minor and of a technical nature and which are consistent with the approved plan. (Ord. 517 § 1, 2016; Ord. 416 § 1, 2009. Formerly 18.63.210)

(1) The administrator shall prepare and submit to the planning agency a proposed vacation of the planned development upon the occurrence of the following:

(2) Application for Time Extension.