§ 17.40.160. Preliminary PD site plan and PD zoning regulations.

A.

Submittal Requirements. Following the preapplication conference and the sketch PD plan review, the applicant shall submit a preliminary PD site plan, design guidelines, and zoning regulations, or if approved by the director of development services, a preliminary/final PD site plan, which includes design guidelines, and zoning regulations. In addition to the requirements of this chapter, the format and other requirements for a preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary/final PD site plans, design guidelines, and zoning regulations are set forth in administratively adopted checklists which may be amended from time to time.

B.

Site Plan Improvement Agreement (SPIA). The SPIA shall be administratively approved and executed by the applicants and Town prior to recordation of the preliminary/final or final PD site plan. If a subdivision plat and PD site plan are being processed concurrently, an SPIA is required and the requirement for a SIA (subdivision improvement agreement) may be waived by the director of development services.

C.

Public Notice. Public notice of the hearing on the request for approval of the preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary/final PD site plan, design guidelines, and PD zoning regulations shall be made in accordance with Chapter 17.88.

D.

Review Process. After complete submittals of the preliminary PD site plan, design guidelines, and PD zoning regulations, or preliminary/final PD site plans, design guidelines, and zoning regulations have been properly received, reviewed by the Town staff and other referral agencies, and modified plans and documents have been submitted if required, the development services department shall schedule the preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary/final PD Site Plan, design guidelines, and zoning regulations for a public hearing before the planning commission and the board of trustees. The planning commission shall review the plan and send their recommendations to the board of trustees. The board of trustees shall approve, approve with conditions, or disapprove the preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary final PD site plan, design guidelines, and zoning regulations.

E.

Review and Approval Criteria. The Town must be satisfied that the preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary/final PD site plan, design guidelines, and zoning regulations have adequately addressed the following criteria in a manner consistent with the general public interest, health, safety and welfare:

1.

Quality and functionality of open space reservations and parks are appropriate to the site in terms of recreation, views, density relief, convenience, and optimum preservation of natural features including trees, shrubs, wildlife habitat, scenic areas, riparian areas, and drainage areas in conformance with the Comprehensive Plan and Parks, Trails, and Open Space Master Plan and Town Subdivision Regulations (Title 16);

2.

The trail system provides adequate internal circulation and makes appropriate external connections to schools, parks, employment centers, and transit; and trails conform to the Comprehensive Plan and Parks, Trails, and Open Space Master Plan;

3.

The fiscal impact of project has been addressed; the project is expected to have a positive fiscal impact or otherwise provide a benefit to the Town such as increasing the variety of development to fill a need and/or provide amenities for the benefit of the Town residents;

4

Variety of development and housing types, styles, and densities, are proposed. Mixed land use is encouraged;

5.

Appropriate relationship exists between use areas, both internal and surrounding, with adequate buffer areas provided if warranted;

6.

Circulation system provides adequate capacity, connectivity, and accessibility;

7.

Phasing plan is appropriate, minimizes unnecessary or premature grading, removal of vegetation and utility extensions and adequately addresses other fiscal concerns of the Town;

8.

Utility service is physically feasible and economically capable of being connected to the Town system, unless such connection requirement is specifically waived by the Town and there is adequate capacity to serve the development, including that the water supply meets Town standards;

9.

Plan design and layout are innovative and creative, and the architecture will enhance the architectural character of the Town and/or contribute other benefits such as providing affordable housing;

10.

Plan design and density are sensitive to the site's major environmental characteristics including topography, geology, flood plains, view sheds, scenic features, wildlife habitat and vegetation;

11.

The plan is consistent with Town's Comprehensive Plan in effect at the time of application, and other relevant Town goals and policies;

12.

A site plan improvement agreement (SPIA) shall be approved by staff and executed by the owners/applicant and the Town prior to recordation of a PD site plan.

F.

Recording and Approval Lapse Period. Upon approval by the board of trustees, the applicant shall have three hundred sixty-five (365) days from the approval date to satisfy any conditions of approval and submit to the Town the approved preliminary PD site plan, design guidelines, and zoning regulations or a preliminary/final PD site plan, design guidelines, and zoning regulations on twenty-four (24) inch by thirty-six (36) inch Mylar sheets in recordable form with all landowner, lien holder and mortgagee, surveyor, and title commitment signatures and recordation fee. If approved by the director of development services, the design guidelines, and PD zoning regulations may be submitted as separate documents. The applicant may make a request to the staff for an extension of the approval and recordation period prior to the end of the initial three hundred sixty-five (365) day period. It shall be the applicant's responsibility to ensure the request is made prior to the expiration of the approval period. Staff may grant an extension(s) not to exceed a total of two additional years if the site plan is consistent with the review and approval criteria and there is adequate justification for the extension. Beyond three years from the board of trustees approval date, the granting of any additional request for an extension shall be in the sole discretion of the board of trustees, and shall be based on a finding of whether the project conforms to the current Town Code and Review and Approval Criteria, and that there is adequate justification for the extension. After the three hundred sixty-five (365) days, if the approval time period has not been extended in accordance with this section, the approval of the preliminary PD site plan, design guidelines, and PD zoning regulations or preliminary/final PD site plan, design guidelines, and zoning regulations shall lapse. A fee may be imposed for processing the extension requests.

G.

The effective period for a recorded final PD site plan or preliminary/final PD site plan shall be five years from the date of recording. Once a certificate of occupancy has been issued, the project shall be considered vested and the approval shall not expire. If no construction commences within five years from the date when the PD site plan is recorded, then the approval shall expire and the PD site plan shall become null and void and a new PD site plan must be approved prior to any building permit issuance and construction occurring.

(Ord. No. 05-2010, 2-1-2010)