Forks City Zoning Code
CHAPTER 17
80 PLANNED UNIT DEVELOPMENT
§ 17.80.010 Planned unit development – Intent.
The planned unit development regulations are intended to allow or encourage better development than that which would result from existing lot development by applying to relatively large areas the same principles and purposes inherent in the comprehensive plan, while providing for interrelated land uses and permitting flexibility in design, location, and height of building, size and use of open spaces, parking areas, and circulation facilities, and best utilizing the potential of sites with special characteristics.
(Ord. 433 § 16.10, 1997)
§ 17.80.020 Planned unit development location and site size requirements.
(1)
When approved pursuant to FMC §§ 17.80.070 and 17.80.080, planned unit developments would be a permitted use as provided in the zone applying to the site;
(2)
Proposed uses within the development shall conform to the uses and policies stated within the comprehensive plan;
(3)
The site shall abut, and the internal street or streets serving the project shall be functionally connected to, an arterial or collector street as specified within the comprehensive plan; and
(4)
The minimum site required shall be two acres.
(Ord. 433 § 16.20, 1997)
§ 17.80.030 Permitted uses in a planned unit development.
In a planned unit development, only the following uses are permitted:
(1)
For residential developments:
(a)
Dwelling units as permitted or conditional within the applicable zoning district and uses and buildings accessory to those dwelling units;
(b)
Recreational facilities including but not limited to tennis courts, swimming pools, and play-grounds;
(c)
Public and semi-public uses as permitted or conditional for residential districts;
(d)
Limited retail commercial and/or personal and professional service centers; provided, that the dominant character of the overall development is residential.
(2)
For nonresidential developments: those uses permitted by the district in which development is located.
(Ord. 433 § 16.30, 1997)
§ 17.80.040 Lot, land, and building requirement in a planned unit development.
Lot sizes, setbacks from exterior boundary lines and between on-site buildings, building heights and locations and amount and location of open space shall conform to the objectives and policy statements of the comprehensive plan and shall be shown on the approved final development plan described in FMC §§ 17.80.070 and 17.80.080. The setback from the exterior boundary for each building in any residential planned unit development shall be at least equal to the height of that building; provided, that other methods of providing an adequate buffer instead of setbacks may be considered and authorized if found to provide adequate protection to adjacent property.
(Ord. 433 § 16.40, 1997)
§ 17.80.050 Density in a planned unit development.
The number of dwelling units permitted in any planned unit development in a residential zone shall equal the total development area in acres.
(Ord. 433 § 16.50, 1997)
§ 17.80.060 Public facilities and open space in a planned unit development.
All public facilities, including electrical, telephone, and TV cable, shall be placed underground. For planned unit developments, private open space consisting of balconies or fenced area shall be provided adjacent to each dwelling unit and the area of such private open space shall be at least 10 percent of the gross floor area of the dwelling unit. A legally enforceable provision for the retention and maintenance of all common open spaces and public facilities shall be provided.
(Ord. 433 § 16.60, 1997)
§ 17.80.070 Planned unit development application procedure.
The application procedure for a planned unit development is divided into three major elements:
(1)
Preapplication Conference. In order to provide an opportunity for the proposing party to discuss the development with the city officials, copies of the proposal’s preliminary plan, sketches, and basic site information shall be submitted to the city clerk/treasurer. The applicant will receive notice within five days of a conference appointment with interested city staff. The more information submitted (sketch, plans, adjacent and on-site land uses, proposed densities, etc.), the more assistance the applicant may receive at this preapplication conference. At a minimum the applicant will receive an indication whether or not the proposal conforms to the comprehensive plan, zoning and subdivision codes, and applicable city requirements.
(2)
Preliminary Plan Consideration. If the applicant wishes to proceed, six copies of an application signed by the property owner, together with the application fee shall be submitted to the city clerk/treasurer. The application shall include the following information:
(a)
A legal description of the area to be designated, present and proposed owners, and present and proposed zoning;
(b)
A statement outlining the proposed development’s adherence to the goals, objectives, and policies of the comprehensive plan;
(c)
An estimated construction time schedule;
(d)
Project quantitative data including:
(i)
Total number of parcels and average parcel size;
(ii)
Total number and type of dwelling units and unit density per acre;
(iii)
Total acres of open space;
(iv)
Other information requested in the preapplication conference;
(e)
An accurate map suitable for filing, drawn to a scale of not less than 100 feet to the inch showing:
(i)
The boundaries of and lot lines on the site;
(ii)
All existing and proposed streets within or bordering the site including major points of ingress and egress to the development;
(iii)
The proposed location and vertical heights of any building on the site;
(iv)
Public dedications, if any, including location of private and common open space; and
(v)
Proposed and existing land uses;
(f)
A city-wide map showing the location of the development in relation to the whole city and its streets;
(g)
A topographic map with contours at intervals of not more than two feet together with proposed grading, landscaping, and existing and proposed drainage. Contours at intervals of not more than five feet may be allowed, subject to the approval of the city engineer, where the slope of the site is significant enough to provide sufficient detail at such greater contour intervals. This map should also display any natural or manmade buffers placed between different uses;
(h)
An accurate map of the proposed development authorizing existing and proposed utility systems including sanitary sewers, storm sewers, and water, electrical, gas, and telephone lines;
(i)
An environmental checklist;
(j)
Any additional information suggested necessary at the preapplication conference.
(3)
Upon receipt of the application, the planning director shall schedule a public hearing for the next regular meeting of the Forks planning commission provided there remains adequate time to prepare public notice as outlined in FMC § 17.120.010.
(4)
After conducting the public hearing the commission shall determine the proposal’s conformance to the comprehensive plan, the requirements of this code and any other law and shall forward to the city council within 15 days its recommendation for approval, disapproval, or modifications, of the proposal with appropriate findings.
(5)
Once the commission’s recommendation is received, the city council shall approve, disapprove, or modify the preliminary plan of the proposal stating its reasons for its decision.
(6)
Should the preliminary plan be disapproved, the applicant must resubmit the application as outlined within this section and incorporate the council’s comments within the proposal.
(7)
Should the preliminary plan be approved with minor adjustments required, the council may direct that the proposal be resubmitted to the Forks planning commission at its regular session to insure that the modified proposal conforms to the city comprehensive plan. The commission’s findings shall be forwarded to the applicant and the city council at the next regular meeting. Once a preliminary plan is approved by the city council, acceptance of the final plan will be based upon conformance to the preliminary proposal.
(Ord. 433 § 16.70.010, 1997)
§ 17.80.080 Final plan considerations.
The applicant shall submit three copies of a final plan for filing based upon the approved preliminary plan to the city clerk/treasurer within one year of the preliminary plan approval. The final plan shall consist of information required in the preliminary plan application updated and corrected. The final plan shall also include:
(1)
Total estimated floor space and specific location of buildings;
(2)
Any engineering reports or drawings completed for the development especially related to water and sewer installation, street and circulation specifications, and surface design; and
(3)
Detailed construction schedule of proposal. The city planning director shall forward a copy of the final plan to the Forks planning commission for their consideration at their next regular meeting.
(a)
If the Forks planning commission determines that the final plan submitted conforms to the approved preliminary plan, and approved and proposed minor adjustments, it shall so report in writing to the city council and recommend approval of the final plan.
(b)
If the Forks planning commission finds that the final plan does not conform to the preliminary plan, it shall so report to the city council. Notice of a public hearing by the city council shall be made within 21 days after the Forks planning commission reports the finding to the city council. Following acceptance of public opinion at the final hearing, the city council may act upon the final plan.
(4)
If the plan is accepted, the planned unit development shall be formally recorded, building permits under the authority of the building inspector may be issued, and construction may begin.
(5)
If the final approval is subjected to minor modifications of the proposal, the conditions shall be agreed to in writing by the developer prior to formal acceptance.
(Ord. 433 § 16.70.020, 1997)
§ 17.80.090 Expiration.
If a building permit has not been obtained within one year of a final approval, the approval shall expire. The Forks planning commission may at any time after the expiration of the final plan, recommend to the city council an action to extend or renew the planned unit development designation. For phased or staged developments, the Forks planning commission may set expiration dates based on the separate stages of the development. The expiration date may be set at one year for the first stage of the development and one additional year for each subsequent stage of development as defined by the Forks planning commission.
(Ord. 433 § 16.80, 1997)
