The purpose of the urban planned communities (UPC) zone is to provide greater flexibility and encourage more creative land planning solutions on large parcels of land than would be achieved by traditional lot by lot development using the other zoning districts in this title, while at the same time insuring substantial compliance with the goals and policies of the comprehensive plan and permitting more advantageous and efficient use of sites and infrastructure through the location and arrangement of structures, circulation, parking, and open spaces. The purposes of this district also are to provide flexibility to achieve public benefits and to respond to changing community needs. (Ord. 322 Attach. F (part), 2005)

(Ord. No. 461, § II, 12-23-2016)

The UPC zone is allowed only on sites of one hundred sixty acres or more contained within the urban growth area and designated on the comprehensive plan land use map as a master planned community. "Sites," for purposes of this subsection, mean contiguous land under one ownership or under the control of a single legal entity responsible for submitting an application and carrying out the provisions of a development agreement. (Ord. 322 Attach. F (part), 2005)

An application for development of a UPC site shall be on forms prepared by the community development director and shall include at a minimum the information required in Chapter 14.05 of the Walla Walla County Code and a draft development agreement with the information required in Section 17.14.030. The information required on the application forms shall take into account that detailed information may not be available at the time of the application and may be developed through the environmental review process. (Ord. 322 Attach. F (part), 2005)

Development on a UPC site may contain any nonindustrial land use contained in this chapter. The primary land uses shall be residential and active and passive open space. All uses are subject to standards, limitations and conditions specified in a development agreement. (Ord. 322 Attach. F (part), 2005)

The applicant shall submit a draft development agreement under Chapter 36.70B RCW and as provided below:

A.

A development plan that includes at a minimum:

1.

A conceptual site plan showing parcel boundaries; location and acreage of active and passive recreational areas; location, acreage and range of densities for residential development; location and range of types of uses of nonresidential development; location and size of critical areas and buffers; perimeter buffers, if any; and motorized and nonmotorized circulation routes, including connections to streets and pedestrian routes servicing and/or abutting the site;

2.

A parks and open space plan, including trails. The plan must also include the amount of acreage devoted to parks and to open space and the total length of trails;

3.

The expected buildout period;

4.

A phasing plan;

5.

Conceptual road, sewer, water and stormwater plans;

6.

Conceptual grading plan;

7.

Minimum amount of required recreation space and/or open space;

8.

Minimum and maximum number of residential units allowed. The minimum number of residential units shall not be less than three dwelling units per net acre of land devoted to residential uses;

9.

Minimum and maximum amount of nonresidential uses allowed;

10.

Provisions for the termination of the development agreement and rezoning of the property if substantial progress has not been achieved within a prescribed time period.

B.

Measures to adequately address potential land use conflicts between the urban planned community site and adjacent land uses.

C.

Measures to adequately address impacts to public services and facilities.

D.

Measures to mitigate State Environmental Policy Act significant adverse impacts.

E.

Development standards which may differ from those otherwise imposed under the Walla Walla County Code in order to provide flexibility to achieve public benefits and encourage modifications that provide the functional equivalent or adequately achieve the purposes of county standards. Any approved development standards that differ from those in the Walla Walla County Code shall not require any further zoning reclassification, variance from county standards or other county approval apart from that specified in the development agreement. The development standards as approved in the development agreement shall apply to and govern the development and implementation of each area within the site in lieu of any conflicting or different standards or requirements elsewhere in the Walla Walla County Code. Subsequently adopted standards which differ from those in the development agreement shall apply to the urban planned community site only where necessary to address imminent public health and safety hazards or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building codes in effect when the application was deemed complete.

F.

A memorandum of understanding with Walla Walla County that includes cost recovery provisions and timelines for the processing of implementing land development and construction permits and other permits and approvals.

G.

The development agreement shall be:

1.

Signed by the chair of the board of county commissioners and all property owners within the urban planned community site;

2.

Binding on all property owners and their successors in interest to develop the urban planned community site only in accordance with the terms of the development agreement including any conditions of approval;

3.

Recorded with the Walla Walla County auditor prior to the effective date of any development proposal that was submitted and reviewed concurrently with the development agreement. (Ord. 322 Attach. F (part), 2005)

A.

The application process for development of a UPC site shall be as prescribed in Chapter 14.07 of the Walla Walla County Code.

B.

The review and approval process for development of a UPC site shall be as prescribed in Chapter 14.09 of the Walla Walla County Code with the review classification to be legislative review. ¹

C.

Additional review criteria shall include:

1.

Creative site planning solutions;

2.

The provision of substantial active and passive open spaces;

3.

An interconnected network of nonmotorized circulation systems;

4.

Protection of critical areas.

D.

Review and approval of multiple implementing development actions such as subdivision (plat) approval or other specific regulatory permit actions may be processed concurrently with or subsequent to approval of the development agreement. (Ord. 322 Attach. F (part), 2005)

1 Land use decisions shall include notice information for agricultural or natural resource lands consistent with RCW 36.70A.060.

A.

Site elements or conditions of approval may be amended or modified at the written request of the applicant or the applicant's successor in interest designated in writing by the applicant.

B.

Minor modifications of the urban planned community may be authorized by the community development director and shall be established in the development agreement.

C.

Major modifications require board approval following issuance of a planning commission recommendation. A decrease of more than five percent in the minimum amount of total required recreation and open space shall be deemed a major modification. Any decrease in the minimum number of residential dwelling units or increase in the maximum number of residential dwelling units shall be deemed a major modification. Any increase in the maximum amount of nonresidential uses shall be deemed a major modification. The development agreement may specify additional criteria for determining whether proposed modifications are minor or major. (Ord. 322 Attach. F (part), 2005)