17.51.010 Purpose.
The purpose of a planned development is to provide greater flexibility and greater freedom of design in the development of land than may be possible under strict interpretation of the provisions of the zoning ordinance. Further, the purpose of a planned development is to encourage a variety in the development pattern of the community; encourage mixed uses in a planned area; encourage developers to use a creative approach and apply new technology in land development; preserve significant man-made and natural features; facilitate a desirable aesthetic and efficient use of open space; and create public and private common open spaces. A planned development is not intended to be simply a guise to circumvent the intent of the zoning ordinance.
In approving a planned development, the council and the planning commission shall also take into consideration those purposes set forth in MMC 17.03.020. A planned development shall be considered as an overlay to an existing zone, and the development of said property shall be in accordance with that zone’s requirements, except as may be specifically allowed by the planning commission. For purposes of implementing these objectives, two means are available:
A. The property owner or his representative may apply for a planned development to overlay an existing zone and shall submit an acceptable plan and satisfactory assurances it will be carried out in accordance with MMC 17.51.030. Such plan should accomplish substantially the same general objectives as proposed by the comprehensive plan and zoning ordinance for the area; (The fee charged for processing such an application shall be equal to the one charged for zone changes.)
B. The council, the commission, or the property owner of a particular parcel may apply for a planned development designation to overlay an existing zone without submitting any development plans; however, no development of any kind may occur until a final plan has been submitted and approved. (The planning director shall note such properties and direct that no building permit be issued in respect thereto.)
1. A planned development overlay may be approved under these circumstances for a property which has unique characteristics (e.g., geological, ecological, location, or the nature of the surrounding property) and the development of which may have an impact upon the surrounding area or the city as a whole. A planned development overlay initiated by the council or the planning commission shall address itself to the purposes set forth herein.
2. The council and planning commission shall set forth the reasons for approval and the areas of concern that must be addressed when final plan are submitted;
C. The council and planning commission, with the assistance of the planning director, shall ensure that no planned development overlay granted under subsection A or B of this section which is merely a guise to circumvent the intent of the zoning ordinance shall be approved. A denial of such a zone request based upon this principle shall be enunciated in the findings of fact adopted by the planning commission;
D. A planned development overlay shall be heard and approved under the public hearing procedures set forth in Chapter 17.72 MMC (Applications and Review Process). (A planned development overlay and change of the underlying zone may be processed simultaneously.)
E. A planned development overlay proposed by the council, the planning commission, or the property owner under subsection B of this section shall be subject to all of the hearing requirements again at such time as the final plans under MMC 17.51.030 are submitted, unless those requirements have been specifically changed in the planned development approval;
F. A property owner shall not be required to pay an additional fee when the planned development overlay was originally initiated by the council or planning commission. (Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).