It is the purpose of this chapter to:

(1)

Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of the Kennewick Municipal Code ("KMC");

(2)

Preserve or create environmental amenities superior to those generally found in conventional developments;

(3)

Create or preserve usable open space for the enjoyment of the residents;

(4)

Preserve, to the greatest extent possible, the natural characteristics of the land, including, but not limited to, topography, natural vegetation, waterways, and views;

(5)

Encourage development of a variety of housing types; and

(6)

Provide for maximum efficiency in the layout of streets, utility networks and other public improvements and infrastructure.

(7)

Planned residential developments are treated as changes-of-zones and are analyzed in terms of their overall benefits to the City as a whole.

(Ord. 25-6096 meeting Sec. 1, 2025; Ord. 5501 Sec. 1(part), 2013)

Planned residential developments (PRDs) are permitted in all residential zoning districts in the City.

(Ord. 5501 Sec. 1(part), 2013)

The following uses are permitted in a PRD; provided that they meet the standards and criteria established in this chapter:

(1)

Those uses permitted as a matter of right in the underlying zoning district;

(2)

Residential developments of all types as defined by this chapter; and

(3)

As a secondary use, uses permitted in the Commercial Neighborhood (CN) zoning district may be permitted in a PRD of 20 acres or larger.

(Ord. 5501 Sec. 1(part), 2013)

(1)

Zoning Requirements. The provisions of Title 18 pertaining to land use of the underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits and other dimensional requirements are waived and the regulations for PRDs shall be those indicated in KMC 18.45.050;

(2)

Platting Requirements. A PRD shall be exempt from the specific design requirements of the Subdivision Ordinance (KMC Title 17), except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the subdivision and procedural requirements of the Subdivision Ordinance (KMC Title 17) and applicable state laws pertaining to subdivisions and conveyance of land and the preparation of maps shall be followed;

(3)

Public Hearing Required. A PRD shall require a public hearing before the hearing examiner consistent with the provisions of KMC Chapter 4.12.

(Ord. 5501 Sec. 1(part), 2013)

The following standards shall govern the administration of this chapter:

(1)

Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize adverse impact of the PRD on adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development characteristics on the PRD;

(2)

Site Acreage Minimum. The minimum site shall be five acres;

(3)

Minimum Lot Size. The minimum lot size provisions of other sections of the KMC do not apply in a PRD, except that the maximum density of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD;

(4)

Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone, rounded to the nearest whole number, provided, that the open space amenities described in KMC 18.45.060 are met;

(5)

Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the landscaping plan.

(6)

Setback and Side Yard Requirements.

(a)

Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted subarea plans;

(b)

Setbacks or Side Yards between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, be built to the property line as in townhome construction; however, all buildings must meet applicable building code requirements.

(7)

All streets shall be designed and constructed to public street standards, unless deviations are approved by the Public Works Director;

(8)

Off-street parking shall be provided in accordance with KMC 18.36;

(9)

Outdoor lighting shall be in accordance with KMC 18.39;

(10)

Secondary Use Limitations.

(a)

Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated;

(b)

The gross floor area of the commercial use shall not exceed the product of 50 square feet multiplied by the number of dwelling units within the development;

(c)

Construction of at least 35 percent of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office; and

(d)

Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function.

(Ord. 5609 Sec. 1, 2015; Ord. 5501 Sec. 1(part), 2013)

Each PRD shall dedicate not less than 15 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria:

(1)

Location. The area proposed for the open space shall be entirely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or City parks; provided that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section;

(2)

Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purpose of access and security;

(3)

Proposals for credits towards required City park impact fees may be submitted for review per KMC 3.90.080;

(4)

Types of Open Space.

(a)

Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for protecting environmentally sensitive areas such as wetlands;

(b)

Except as provided in subsection (5)(c) or (d) below, a minimum of 30 percent of the required dedicated open space shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation;

(c)

The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units;

(d)

The percentage of active recreational area may be decreased to as low as zero if it is determined that:

(i)

Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or

(ii)

Meeting the standard would require detrimental grading or other disturbance of the natural setting.

(5)

Land required for open space shall not include:

(a)

Structures and areas reserved for the exclusive use and benefit of an individual tenant or owner;

(b)

Dedicated streets, alleys or public rights-of-way, required landscape areas, areas required for yard depth or building setback or separation;

(c)

Vehicular driveways, private streets, parking areas, loading or storage areas; or

(d)

Floodplain (100-year), floodprone areas, drainage easements, natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space.

(6)

Implementation.

(a)

The area proposed for open space shall be dedicated in common to the lot owners within the plat or to a homeowner's association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners' or homeowners' association;

(b)

The City may choose to accept dedication, maintenance and operation responsibilities when common open space area to be dedicated is in the public interest and either one or a combination of the following:

(i)

Greater than five acres;

(ii)

Adjacent to an established or future City park or school grounds;

(iii)

Is an environmentally sensitive area; or

(iv)

The City feels it is in the public interest to accept dedications;

(c)

The dedication shall be identified on the PRD plan.

(7)

Improvements. The following improvements to the area proposed for dedication may be required prior to final approval of the PRD:

(a)

Removal of construction debris and hazards; and

(b)

Rough grading and establishment of grass cover over those portions of the site suitable for playfields.

(8)

Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in this chapter, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the director according to the following guidelines:

(a)

The proposed land and improvements must create recreational opportunities generally equivalent to, or greater than, the land required for the residents within the PRD;

(b)

The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City;

(c)

The proposed land and improvements shall be dedicated in accordance with subsection (7) of this section.

(9)

Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria:

(a)

The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity;

(b)

The side slope of the detention pond shall not exceed 33 percent unless slopes are existing, natural, and covered with vegetation;

(c)

If detention facilities are located adjacent to or near a natural, year-round stream or wetland, these systems shall be left in natural or near-natural condition;

(d)

The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected;

(e)

Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather; and

(f)

In the case of joint use of open space for detention and recreation, the homeowners or homeowners' association shall be responsible for maintenance of the detention facilities.

(10)

Rights and Duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions:

(a)

The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of residents of the development and their guests;

(b)

The right to locate pedestrian paths, bicycle paths and bridle paths;

(c)

The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property thereto, or to correct a hazardous condition posing a threat to life or limb;

(d)

The right to regulate access to or entry on the open space land and duty to maintain such land.

(Ord. 5768, Sec. 1, 2018; Ord. 5609 Sec. 1, 2015; Ord. 5501 Sec. 1(part), 2013)

(1)

Required Information for Residential Developments. The completed application form must be accompanied by the following:

(a)

A drawing of the proposed development containing all information required by Title 17;

(b)

A written statement indicating all requested deviations from the Kennewick Municipal Code;

(c)

A list of property owners within 300 feet;

(d)

An environmental checklist;

(e)

A fee, in accord with the adopted fee schedule;

(f)

Preliminary homeowners' association charter, bylaws, and any restrictive covenants which must not conflict with this code;

(g)

A statement indicating which areas are to be dedicated to the public;

(h)

Any other relevant information required by the Director;

(i)

A development schedule showing the estimated starting date, probable stages of development, and the estimated completion date;

(j)

Development plans showing the use or uses, with dimensions; and the location of proposed structures and of any areas to be dedicated for streets, parks, playgrounds, schools, school sites; landscaping, and other open space;

(k)

A landscape plan drawn to a legible scale including:

(i)

The location of proposed plants, trees, and ground cover;

(ii)

Number, location, species, planting method, size, height and caliper of plants and trees;

(iii)

Type, design and location of non-living materials;

(iv)

Method of irrigation.

(2)

Architectural drawings or sketches demonstrating the design and character of the proposed uses and the physical relationship of the elements;

(3)

Regulations. Development of the property will be limited to the uses set forth in the planned development permit. The regulations and conditions will also be set out in the permit;

(4)

Subdivisions. If the planned development entails a subdivision of land, preliminary and final plats must be submitted for approval, and substantially conform to the approved planned development. Preliminary plats can be considered concurrently with the planned development application and must comply with Title 17.

(Ord. 5501 Sec. 1(part), 2013)

(1)

PRD applications shall be heard pursuant to KMC Chapter 4.02;

(2)

The PRD shall be effective for seven years from the date of approval from the hearing examiner. During this time the terms and conditions upon which approval was given will not be changed except as provided in Section 18.45.090(2) (Minor and Major Adjustments);

(3)

Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The City of Kennewick shall not be held accountable for notification of expirations, although it may notify the applicant of date of expiration. All requests for an extension of time must be submitted in writing to the Planning Department prior to expiration of PRD approval;

(4)

Expiration of a permit application is per Section 4.12.075.

(Ord. 5501 Sec. 1(part), 2013)

(1)

Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when, in the opinion of the director, the work to be performed meets the requirements of the final plan and program elements of the PRD;

(2)

Minor and Major Adjustments.

(a)

Minor adjustments may be made and approved by the director when a building permit is issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than ten percent from the original;

(b)

Major adjustments are those which, in the opinion of the director, substantially change the basic design, density, open space or other requirements of the PRD. When, in the opinion of the director, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the hearing examiner of such adjustment;

(3)

Parties Bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignments, any interest in the real property within the proposed PRD, shall be bound by the conditions attending the approval of the development and the provisions of this chapter;

(4)

Cessation of work or abandonment thereof for a period of 12 months is grounds for revocation. The applicant may be required to complete certain construction deemed necessary to protect property owners within and surrounding the development from adverse effects;

(5)

Recording Notice. Before commencing construction, the permittee must record with the Benton County Auditor, a description of the property indicating that it is subject to a planned development permit.

(Ord. 5501 Sec. 1(part), 2013)

In a PRD, a property owners' or homeowners' association shall be established for the purpose of ownership, maintenance and management of open space, common areas and private roads.

(Ord. 5501 Sec. 1(part), 2013)