1. Residential use may not be allowed in industrial zones through the PDO process.

2. Up to four units of attached housing may be allowed in single-family zones.

3. Multifamily is allowed only as set forth in Chapter 19.05 EMC.

4. On-site recreational and community facilities are allowed in all residential zones.

1. The planned development overlay may allow nonresidential uses which are not otherwise permitted in the underlying use zone only under one or more of the following circumstances:

2. Nonresidential uses may be located within the residentially zoned portion of a planned development when the proposed development includes residential use as an integral component of the planned development and when nonresidential uses are situated and developed in such a manner as to be compatible with any residential uses that are existing or which could be developed in the adjoining residentially zoned area. (Ord. 3774-20 § 5(Q) (Exh. 3), 2020.)

1. Building setbacks;

2. Height of building or structure;

3. Required off-street parking spaces;

4. Landscaping requirements;

5. Sign requirements;

6. Standards specified in the special regulations or footnotes of the use tables (Chapter 19.05 EMC);

7. Lot size;

8. Lot width;

9. Design and development standards contained in this title;

10. Residential increase of up to fifteen percent greater than the density would be allowed pursuant to Chapter 19.06 EMC without the planned development overlay if:

1. Shoreline regulations when the property is located in an area under the jurisdiction of the Everett shoreline master program;

2. Standards pertaining to development in critical areas or floodplains;

3. Regulations pertaining to nonconforming uses.

1. The quality of the proposed development and its compatibility with surrounding properties, especially related to:

2. The unique characteristics of the subject property;

3. The unique characteristics of the proposed use(s);

4. The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the planned development;

5. Visual impact of the planned development upon the surrounding area;

6. Public improvements proposed in connection with the planned development;

7. Preservation of unique natural features of the property;

8. The public benefit derived by allowing the proposed alteration of development standards. (Ord. 3774-20 § 5(Q) (Exh. 3), 2020.)

1. A public hearing, pursuant to EMC Title 15, shall be conducted by the planning commission, which shall make its decision based upon all information provided in the application materials and/or presented at the public hearing.

2. The planning commission, after reviewing the evidence, shall take formal action in writing either approving the proposal as presented, approving subject to certain specific modifications, or disapproving it.

3. The action of the planning commission is a recommendation to the city council.

1. A planned development overlay must be approved by the city council, following a public hearing.

2. After approval from city council, a planned development overlay may proceed to final development plan approval as set forth in EMC 19.29.080.

1. A planned development overlay approved by city council shall be noted on the official zoning map.

2. In the event that the final development plan is not submitted for approval as set forth in EMC 19.29.080, the planning director shall remove the planned development overlay from the official zoning map. (Ord. 3774-20 § 5(Q) (Exh. 3), 2020.)

1. The final development plan shall be submitted to the planning department.

2. The planning staff shall review the final development plan to see that it is in substantial compliance with the previously approved preliminary development plan.

3. All schematic drawings presented in the preliminary development stage shall be presented in detailed form, i.e., landscaping, circulation, utilities, building location, etc.

4. If the final plan is in substantial compliance with the approved preliminary plan, it shall be approved by the planning director using the review process as described in EMC Title 15, Local Project Review Procedures.

1. Within a period of three years following the approval of the preliminary development plan by city council or such other time frame established, the applicant shall file with the planning department a final development plan.

2. Extension. The planning director, for good cause, may extend for one year the period for filing of the final development plan.

1. A change in the use, intensity or character of the development;

2. An increase in the overall ground coverage of structures of more than ten percent;

3. A reduction in approved open space, off-street parking, or loading zones; or

4. A reduction in the public benefit provided by the approved plan.

1. Increase the residential density;

2. Reduce the area set aside for common open space;

3. Relocate the open space in a manner which makes it less accessible or usable to the public or the tenants of the development;

4. Reduce any of the landscape buffers in width or density of planting between the development and adjoining properties;

5. Change the point(s) of access to different streets;

6. Increase the total ground area covered by buildings or other impervious surfaces by more than ten percent;

7. Relocate buildings or impervious surfaces to areas designated as “critical areas”;

8. Fail to preserve trees or other unique natural features which were required to be preserved by the preliminary planned development approval. (Ord. 3774-20 § 5(Q) (Exh. 3), 2020.)