1101_00001ORDINANCENO.1101
ANORDINANCEREPEALINGCHAPTER18.66 OF THEMOSESLAKEMUNICIPALCODEENTITLED"PLANNEDUNITDEVELOPMENTZONE"ANDESTABLISHINGANEWCHAPTER18.67 ENTITLED"PLANNEDDEVELOPMENTDISTRICTZONE"
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Chapter 18.66 of the Moses Lake Municipal Code entitled "Planned Unit
i Developments"is hereby repealed in its entirety.
Section 2.A new chapter 18.67 of the Moses Lake Municipal Code entitled "PlannedDevelopmentDistrictZone"is hereby established as follows:
18.67.010 Purpose:
A.The purpose of the Planned Development District ordinance is toallowgreaterflexibilityinthedesignofresidential,commer-cial,or industrial uses or a mixture of such uses by permittingspecificmodificationsofthebulkanduseregulationsandper-formance standards of the underlying zone(s)as applied to aparticularparcelofland.A Planned Development District is afloatingdistrict.Each approved Planned Development District issuperimposedontheunderlyingzonetotheextentthatthePlannedDevelopmentDistrictshallmodifyandsupersedethebulkanduseregulationsandperformancestandardsoftheunderlyingzone.
B.A Planned Development District shall:
1.Encourage flexibility in design and development that willresultinamoreefficientanddesirableuseoftheland.
2.Permit flexibility of design,placement of buildings,use ofrequiredopenspaces,circulation facilities,open spaces,i off-street parking areas,and otherwise to better utilize thepotentialsofthesitecharacterizedbyspecialfeaturessuchasbutnotlimitedtogeography,topography,or shape.
3.Provide for maximumefficiency in the layout of streets,utilities,and other public improvements.
4.Produce an integrated or balanced development of mutuallysupportiveusesthatmightbeotherwiseinharmoniousor in-congruous.
18.67.020 Permitted Planned Development Districts:
A.Planned Development Districts may be approved for any use orcombinationofuseslistedinChapter18.15 through Chapter 18.67ofthistitleascurrentlyexisting.The uses permitted in anyspecificPlannedDevelopmentDistrictshallbeenumeratedintheordinanceestablishingthePlannedDevelopmentDistrict.
B.Approved Planned Development Districts are permitted in all com-mercial,residential and industrial zones existing in the City ofMosesLake's Municipal Code.
C.Planned Development Districts may be used for the following typesofdevelopment:i 1.Planned Unit Developments:An area to be planned and developedasasingledistrictcontainingoneormoreresidentialclus-ters or planned residential developments and one or morepublic,quasi-public,commercial,and/or industrial areas.
2.Planned Unit Residential Development:An area to be plannedanddevelopedasasingledistrictandcontainingoneormoreresidentialclusters;appropriate commercial,public,orquasi-public uses may be included if such uses are for theexclusivebenefitoftheresidentialdevelopment.
3.Planned Commercial Developments:An area to be planned,
developed,operated,and maintained as a single districtcontainingoneormorestructurestoaccommodatecommercial,retail,business,or office uses or a combination of suchuses.
4.Planned Industrial Development:An area to be planned,developed,operated,and maintained as a single entity con-taining one or more structures to accommodate industrial uses.
18.67.030 General Planned Development District Application Requirements:
A.Pre-Application Conference:
1.Prior to submission of a Planned Development District applica-
tion and map,the proponent shall schedule a pre-applicationconferencewiththeCommunityDevelopmentDepartmentDirector
and representatives of other affected cit.y departments.The
proponent shall present a conceptual plan of the PlannedDevelopmentDistrictincludingageneraloutlineofthe pro-posal represented by sketch plans.The Community Development
Department Director will respond informally and address poten-tial items of concern to aid the proponent in preparing thePlannedDevelopmentDistrictapplicationandmap.
2.The Communit.yDevelopment Department Director shall furnish
the proponent with a written review of the conference regarding
the relationship of the Planned Development District to theComprehensivePlanandanyapplicablecityzoningordinances,design standards,and policies.
B.Study Session:Prior to the submission of the Planned DevelopmentDistrictapplicationandmap(s)to the Planning Commission foraction,the Community Development Department Director shall sched-ule a Planning Commission study session.The Community Develop-ment Department Director and the Planned Development District
proponent shall present the conceptual Planned Development Dis-trict to the Planning Commission so that the Planning Commission
may study the proposal.
C.Planned Development District Application and Maps:The Planned
Development District application and map(s)shall be filed with
the Community Development Department on forms prescribed by thePlanningDivisionofthatdepartment.The application shall beaccompaniedby11copiesofthePlannedDevelopmentDistrict
application and map(s).A non-refundable fee of one hundred
thirty dollars ($130)shall accompanyeach and every application
for a preliminary Planned Development District.
D.Environmental Information:Environmental information shall bepreparedandsubmittedinaccordancewiththeguidelinesestab-lished under the State Environmental Policy Act of 1971,asamendedandChapter14.04 of the Moses Lake Municipal Code entitled
"Environmental Regulations."Said information is a part of and
must accompany the Planned Development District application andmap(s).
E.Variance(s):Requests for variance(s)of city design standards
and communitystreet and utility standards shall be submitted as apartofandmustaccompanythePlannedDevelopmentDistrictappli-
cation and map(s).The Planning Commission shall recommend to the
City Council that the requested variances(s)be either approved,
conditionally approved,or denied.The City Council shall either
approve,conditionally approve,or deny the requested variance(s)
based upon the recommendation of the Planning Commission and
testimony presented before the City Council.
Variance(s)of city design standards and community street andutilit.y standards shall be listed in the ordinance conditionally
approving and establishing the Planned Development District.
ORD.1101/Pg.3
F.Comprehensive Plan:The Planned Development District shall beconsistentwiththecity's Comprehensive Plan.
G.Findings of Fact:Every decision or recommendation made underthischapterbythePlanningCommissionorCouncilshallbeinwritingandshallincludefindingsoffactandconclusionstosupportthedecisionorrecommendation.
H.Subdivision Approval:A Planned Development District for whichsubdivisionorbindingsiteplanapprovalisrequiredmaybe
i submitted as a Planned Development District Short Plat,a PlannedDevelopmentDistrictMajorPlat,or a Planned Development DistrictBindingSitePlan.Such a Planned Development District shall besubmittedandprocessedinconformancewiththeappropriatesub-division chapter of the Moses Lake Municipal Code and the require-ments of this chapter.Redundant procedures or technical require-ments shall be incorporated into the requirements and proceduresoftheappropriatesubdivisionchaptersoastonotcreateunneces-sary hardship or delay.Procedurally the preliminary and finalPlannedDevelopmentDistrictelementofaPlannedDevelopmentDistrictShortPlat,Major Plat,or Binding Site Plan must beapprovedbytheCouncilpriortotherequiredsubdivisionapprovals.Such approvals may be given concurrently by the appropriate ap-proving body.
I.Titles:Planned Development Districts shall be appropriatelyentitled,i.e.Planned Unit Development District,Planned Residen-tial Development District,Planned Commercial Development Dis-trict,or Planned Industrial Development District.
.18.67.040 Preliminary Planned Development District Requirements:The Prelimin-ary Planned Development District appÍicationand map(s)shall depictorcontainthefollowinginformation:
A.A legal description of the total site proposed for developmentiincludingastatementofthepresentandproposedownershipandpresentandproposedzoning.
B.A statement of the planning objectives to be achieved by the Plan-ned Development District through the particular approach proposedbytheapplicant.
C.An itemized list of the proposed modifications to the bulk and useregulationsoftheunderlyingzone(s).
D.A development schedule indicating the approximate date when con-struction of the Planned Development District or stages of thePlannedDevelopmentDistrictcanbeexpectedtobeginandbecompleted.
E.A statement of the applicant's intention with regard to the futuresellingorleasingofallorportionsofthePlannedDevelopmentDistrict.
F.Quantitative data for the following:number and type of struc-tures;parcel size;proposed lot coverage by buildings and struc-tures;approximate gross and net residential densities;and thetotalamountofopenspace.
G.Relationship of the propert.y to the surrounding area includingiidentificationofadjacentlanduses,zoning,and peripheraltreatmentofthePlannedDevelopmentDistricttomaximizecom-patibility and integration of the Planned Development Districtwithadjacentuses.
H.Proposed land uses and approximate building locations or buildableareas.
I.A general landscape plan.
J.Existing site conditions including contours at two foot (2')intervals and unique natural features.
K.A list of the names and addresses of all owners of record of real
property within three hundred feet (300')of the external bound-
aries of.the proposed Planned Development District.In addition,the proponent shall submit a list of the names and addresses ofallownersofrecordofrealpropertywithinthreehundredfeet(300')of real property which lies adjacent to the externalboundariesoftheproposedPlannedDevelopmentDistrictand is
owned by the proponent.
L.The existing and proposed circulation s.ystem of arterial,collec-
tor and local streets including off-street parking areas,serviceareas,loading areas,storage areas,and points of ingress and
egress to the Planned Development District.
M.Existing and proposed utility systems including sanitary sewers,storm sewers,water,electrical lines,natural gas lines,TV andradiocablelines,and telephone lines.
N.The proposed pedestrian circulation system.
0.The proposed treatment of the perimeter of the Planned Development
District,including materials and techniques used such as screens,fences,and walls.
P.Vicinity map showing adjacent subdivision.
Q.The method of maintaining common facilities.
R.Proposed lot lines.
S.The location and size in areas or square feet of all areas to be
conveyed,dedicated,or reserved as commonopen space,public
parks,recreational areas,school sites,streets,and similarpublic,and semi-public uses.
18.67.050 Planned Development District Design Standards:Planned Development
Districts shall be in compliance with the following design standards:
A.Perimeters of the Planned Development District shall maintain all
required building set backs as specified in the applicable zonedesignation.
B.The Planned Development District shall be compatible with adjacentlandusesandshallnotadverselyaffectthecharacteroftheareainwhichitislocated.
C.Performance standards for the uses enumerated in the Planned
Development District shall be evaluated in light of the standardsestablishedintheMosesLakeMunicipalCodefortheunderlying
zone.
D.Population density and building intensity shall be evaluated in
light of the densities and intensities permitted in the underlying
zone.
E.All dedicated right-of-ways within a Planned Development District
shall be evaluated in accordance with city street and utility
standards.The location of sidewalks may be varied as deemed
appropriate when it is found that the Planned Development .District
plan provides for the separation of vehicular and pedestrian
circulation patterns.
F.The vehicular movement and parking plan shall be consistant with
the existing vehicular movement and shall not create an overbur-den.
ORD.1101/Pg.5
1.Private streets are permitted.All private streets or road-ways shall have direct access onto a dedicated street.PrivatestreetsandroadwaysshallbeconstructedincompliancewithcitystreetandutilitystandardssubjecttomodificationwithCouncilapproval.All private streets and roadways shall bedesignedandmaintainedtocarr.y emergency vehicles.
2.Off-street parking spaces and loading areas shall be providedasspecifiedinChapter18.54 of this title.Parking areasshallbedesignedandconstructedaccordingtoAPWAstandards.Parking lots for more than twenty-five (25)vehicles shall beinterspacedwithlandscapedareas.
3.The Planned Development District shall be located with respecttoexistingright-of-ways which are adequately designed tohandlethegeneratedtrafficwithoutcreatingadditionaltrafficalongminorstreetsinresidentialneighborhoods.
4.Planned Development District's shall be so located with respecttoschools,parks,playgrounds,and other public facilities soastohaveaccessinthesamedegreeaswoulddevelopmentinaformgenerallypermittedinthearea.
G.Utilities:
1.All utilities including electrical lines,telephone lines,andcableTVandradiolinesshallbeinstalledundergroundexceptforaccessterminalsinresidentialzonesorresidentialareasofaPlannedDevelopmentDistrictandcommercialzonesorcommercialareasofaPlannedDevelopmentDistrict.
2.Planned Development District's shall be so located in relationtosanitarysewers,water mains,storm and surface drainagesystems,and other utility systems and installations that willbeofadequatesizetoproperlyservethePlannedDevelopmentiDistrictandconformtotheComprehensiveWaterandSewerPlan.
18.67.060 Referral to Other City Departments:
A.Uponreceipt of a complete and satisfactory preliminary PlannedDevelopmentDistrictapplicationandmap(s),the Community Devel-opment Department Director shall distribute copies of the pre-liminary Planned Development District to each of the followingoffices,departments,or agencies within two working days ofreceipt:
1.Public Works Department
2.Fire Department
3.Police Department
4.Building Department
5.Park and Recreation Department
6.PUD
8.
TaelSeCompaen
ompany
9.Cable Company
B.Each department,office,or agency may file written recommenda-tions with the Community Development Department Director withinfifteen(15)days from the date of filing of the Planned Develop-ment District with the Community Development Department.
C.The Community Development Department Director may determine that ameetingshallbeheldtoresolvemajorissuesidentifiedasaresultoftherecommendations.The proceedings and results of
such a meeting shall be documented by mintues.
18.67.070 Planning Commission Public Hearing:When the Community Development
Department Director determines that the completed Planned Development
District application and map(s)is acceptable,the Director shall set
a date for a public hearing on the Planned Development District beforethePlanningCommissionnotlessthantwenty(20)days nor more thanforty-five (45)days after the receipt of the completed Planned
Development District application.
18.67.080 Notice of Public Hearing:The Community Development Department Direc-
tor shall give notice of the time,location,and purpose of the public
hearing in the following manner:
A.At least one public notice shall be published not less than ten(10)days prior to the hearing in a newspaper of general circula-tion within the city and the area where the real property that is
proposed for the Planned Development District is located.
8.Three (3)notices shall be posted on or adjacent to the land pro-posed for a Planned Development District at least ten (10)dayspriortothepublichearingdate.
C.One (1)notice shall be mailed to each owner of property within
three hundred feet (300')of the property proposed for a Planned
Development District at least ten (10)days prior to the public
hearing.
D.If the owner of the real property which is proposed for a Planned
Development District owns another tract of land which lies adjacenttotherealpropertyproposedforaPlannedDevelopmentDistrict,
one (1)notice shall be mailed to each owner of real property
located within three hundred feet (300')of any portion of the -boundaries of such adjacent located parcels of real property.
18.67.090 Planning Commission Action:
A.The Community Development Department Director shall transmit the
Planned Development District application and map(s),respective
comments,and recommendations from other offices,agencies,andcitydepartments,and Planning Division commentsand recommenda-tions to the Planning Commission prior to the hearing.
B.The Planning Commission shall review the Planned Development
District application and map(s),municipal recommendations,testimony,and exhibits submitted at the hearing and make recom-mendations to the Council to assure conformance of the proposed
Planned Development District with the provisions of this chapterandadeterminationthat:
1.The Planned Development District shall be compatible with
nearby developments and uses.
2.Peripheral treatment insures proper transition betWeen Planned
Development District uses and nearby external uses and devel-
opments.
3.The development will be consistent with the Comprehensive Plan
and with the purpose of a Planned Development District.
4.The Planned Development District can be completed within areasonableperiodoftime.
C.The Planning Commissionshall recommend that the Council approve,conditionally approve,or disapprove an ordinance providing for
the establishment of a Planned Development District.
ORD.1101/Pg.7
18.67.100 Preparation of the Planned Development District Ordinance:
A.UponPlanning Commissionreview of a Planned Development Districtapplicationandmap,the Community Development Department DirectorshallprepareanordinanceprovidingforthedesignationofthesubjectpropertyasaPlannedDevelopmentDistrict.That ordi-nance shall establish the Planned Development District as a float-ing district to be superimposed over the existing zone and provideforspecificmodificationsofthebulkanduseregulationsandperformancestandardsasprovidedforintheordinance.The
i ordinance shall specify the specific uses permitted in the PlannedDevelopmentDistrictandshallspecifythespecificmodificationstotheunderlyingzone's bulk regulations and performance stand-ards.The ordinance shall provide that the applicant or theapplicant's successor in interest shall be bound to the uses andmodificationsspecifiedintheordinance.
8.The ordinance providing for the designation of the subject prop-erty as a Planned Development District shall conditionally approvethepreliminaryPlannedDevelopmentDistrict.The ordinance shallonlyconferdevelopmentrightsupontheapplicantortheappli-cant's successor in interest upon the submission and approval of afinalPlannedDevelopmentDistrictapplicationandmap(s)whichshallbeinsubstantialconformitywiththepreliminaryPlannedDevelopmentDistrictapplicationandmap(s).Approval for theapplicanttoproceedwithconstructionshallbecontingentuponreceiptandapprovalbytheCityCouncilofafinalPlannedDevel-opment application and map(s).
18.67.110 City Council Action:
A.At the next regularly scheduled meeting of the City Council thereshallbeafirstreadingofanordinanceprovidingfortheestab-lishment of the Planned Development District.The Council shallsetadateforasecondreadingoftheordinanceandapublicihearingwithinthirty(30)days of the date of the first reading.
B.The council shall consider and adopt or reject the ordinance with
respect to the recommendations of the Planning Commission and therequirementsofthischapter.
18.67.120 Final Planned Development District Application and Map:Upon prelim-inary Planned Development Distiret approval,the applicant shallprepareafinalPlannedDevelopmentapplicationandmap(s)as needed.
The final application and map shall be prepared in substantial compli-
ance with the approved preliminary Planned Development District appli-cation and map(s);contain or depict all information required in thepreliminaryapplicationandmap(s);and shall incorporate any changesrequiredbytheCouncilingrantingpreliminaryPlannedDevelopmentDistrictapproval.
Preliminary map(s),if suitable,may be submitted as final map(s)withthefinalapplicationiftheyaretobeunalteredorareabletobealteredtosatisfythefinalPlannedDevelopmentDistrictmap(s)requirements.
In addition,the final Planned Development District application andmap(s)shall contain and/or depict the following information:
i A.A title report from a title company licensed to do business in thestatedatedwithinthirty(30)days of the date of filing of thefinalPlannedDevelopmentDistrictapplicationandmap(s)confirm-ing that the title of the lands described and shown on the appli-cation and/or map(s)is in the name of the owners signing thePlannedDevelopmentDistrictapplicationandmap(s)and/or instru-ment of dedication.
The holder of the owner's power-of-attorney may sign the Planned
Development District application and map(s)and/or instrument ofdedicationprovidedthatthetitlecompanyconfirmsthatthepersonsigningthedocumentsisinfacttheholderoftheowner'spower-of-attorney and that title to the land is in the nameof thepersongrantingpowerof-attorney.
B.Three complete sets of preliminary construction plans and specifi-
cations prepared by a professional engineer licensed by the StateofWashingtonshowingallstreetandutilityimprovementsrequiredbytheCouncilingrantingPlannedDevelopmentDistrictapproval.All construction plans and specifications shall be in conformance
with city design standards and the community street and utilitystandards.Construction plans and specifications must be approvedbytheCityEngineerpriortothesubmissionofthefinalPlannedDevelopmentDistricttotheCityCouncilforapproval.
1.Preliminary construction plans and specification shall be
submitted in compliance with Chaper 17.17.120 (A and B)of theMosesLakeMunicipalCodeentitledMajorSubdivision,subsec-tion Improvements.
C.Required dedication of all streets,rights-of-way,parks,play-grounds,easements,reservations,irrigation water rights-of-way,and any area to be dedicated to public use,together with anyrestrictionsorlimitationsthereonshallbesubmittedforCoun-cil approval and acceptance as a part of the final Planned Devel-
opment District plan map or as a separate instrument of dedica-tion.
D.All covenants proposed to run with the land.
E.A non-refundable fee of one hundred and fifty dollars ($150)shall
accompanyeach and every application for a final Planned Develop-ment District approval.
18.67.130 Planning Commission Action:Within forty-five (45)days of filing ofthecompleteandsatisfactoryfinalPlannedDevelopmentDistrict
application and map with the Community Development Department,theCommunityDevelopmentDirectorshallsetadateforPlanningCommis-sion review of the final Planned Development District application and
map.The Planning Commission shall review the final Planned Develop-ment District application and map as to compliance with all terms ofthepreliminaryapprovalandshallrecommendtotheCityCouncilthatsaidPlannedDevelopmentDistrictbeapprovedordisapproved.
18.67.140 City Council Action:
A.The Council may,within sixty (60)days from the date of filing ofthefinalPlannedDevelopmentDistrictapplicationandmap,approve or disapprove the final Planned Development District ap-plication and map unless the subdivider consents to an extensionofsuchtimeperiodinwriting.
B.If the Council finds that the Planned Development District pro-posed for final approval conforms to all terms of the preliminaryPlannedDevelopmentDistrictapproval,the requirements of thischapter,applicable state laws,and any other requirements that
were in effect at the time of preliminary Planned Development
District approval,it may approve the final Planned Development
District application and map.
C.The Council may approve a phased Planned Development Districtconstructionschedule.On-site construction and installation ofallrequiredstreetandutilityimprovementsandlandscapingshall
be completed in compliance with the approved Planned DevelopmentDistrictconstructionscheduleforeachphaseofthePlanned
Development District.
ORD.1101/Pg.9
18.67.150 Issuance of a Building Permit:No building permit shall be issueduntilfinalCouncilapprovalofthePlannedDevelopmentDistrictand/or until completion and/or fulfillment of the subdivision orBindingSitePlanrequirementsoftheMosesLakeMunicipalCode,
18.67.160 Landscape Performance Bond:
A.No building permit shall-be issued until the applicant has postedaperformancebondorotherapprovedsecurityinaformsatisfac-tory to the City Attorney in such an amount to cover one hundredandfiftypercent(150%)of the cost of completing all landscapingimprovementsasrequiredbytheCityCouncilinapprovingthefinalPlannedDevelopmentDistrict.All landscaping improvementslistedinthebondorsecuritymustbecompletedwithintwo(2)years of Council approval of the final Planned Development Dis-trict.
B.In the event that all landscaping improvements are not completedwithinthetimelimitspecifiedintheperformancebondorap-proved security,surety,the bond may be forfeited and the citymayundertaketheinstallationandcompletionofallrequiredlandscapeimprovements.
18.67.170 Street and Utility Improvements Performance Bond:
A.No building permit shall be issued until the.applicant has postedaperformancebondorotherapprovedsecurityinaformsatisfac-tory to the City Attorney in such an amount to cover one hundredandfiftypercent(150%)of the estimated cost,as determined bythePublicWorksDirectorofallstreetandutilityimprovementsrequiredbytheCouncilingrantingPlannedDevelopmentDistrictapproval.All street and utilit.y improvements must be completedwithintwo(2)years of Council approval of the final PlannedDevelopmentDistrict.
I B.In the event that all street and utility improvements are notcompletedwithinthetimelimitspecifiedintheperformance bondorapprovedsecurit,y,the bond or security may be forfeited andthecitymayundertaketheinstallationandcompletionofallrequiredstreetandutilityimprovements.
18.67.180 Extension of Bond or Security Time Limit:
A.The Council may grant one (1)extension of any performance bond orapprovedsecurityrequiredbythischapternottoexceedone(1)year provided that the request for an extension is filed with theCommunityDevelopmentDepartmentDirectoratleastsixty(60)dayspriortotheexpirationdateofthebondorsecurity.
B.In the event that a time extension is granted,a newperformancebondorotherapprovedsecurit.y shall be submitted in an amountsufficienttocoveronehundredandfiftypercent(150%)of thecostofcompletingutilityandstreetimprovementsorlandscapingimprovements.The bond will be updated with newestimates of costonalluncompletedimprovementsandallincreasedcostsshallbepassedontothebond.
C.Departments issuing recommendations for new performance bonds orapprovedsecurityshpllnotmodifythetermsandrequirementsofthebondorsecuritýotherthantopassonallincreasedcostiestimatesasdeterminedbythePublicWorksDirectortothebondorsecurit.y to cover the cost of completing utility and streetimprovementsand/or landscaping improvements without the writtenconsentoftheapplicant.
18.67.190 Maintenance Bond:A one (1)year maintenance bond shall be requiredintheamountof100%of the construction cost of all required streetandutilityimprovements.
18.67.200 Inspection of Improvements:The Engineering Division of the City of
Moses Lake's Public Works Department or a licensed professional engi-
neer or engineering firm hired by the city shall be responsible for
the inspection of all public or dedicated Planned Development District
street and utility improvements to insure conformance with the ap-proved plans and specifications.The applicant shall deposit aninspectionfeeintheamountoftwoandahalfpercent(2½%)of theestimatedcostofconstruction.The inspection fee shall be based ontheactualcostoflabor,materials,and equipment plus fifteen per-cent (15%)for overhead.If the cost is less than the amount de-posited,the difference will be refunded.
18.67.210 Changes and Modifications:
A.Major changes in the approved final Planned Development District
shall be considered as a new application for preliminary PlannedDevelopmentDistrictapproval.Major changes include,but are not
limited to,the following:
1.Change in use.
2.Major change in vehicular circulation system.
3.Increase in density or relocation of density pattern.
4.Change in exterior boundaries except survey adjustments.
5.Increase in building height.
B.The Community Development Department Director may approve changes
in the final Planned Development District which are minor and of
a technical nature and which are consistent with the approved
plan.
18.67.220 Repeal of Planned Development District Ordinance:
A.The Community Development Department Director shall prepare andsubmittotheCouncilanordinanceprovidingfortherepealofthe -
ordinance establishing the Planned Development District upon the
occurrance of the following:
1.A final Planned Development District application and map(s)
has not been submitted within three (3)years of adoption oftheordinanceconditionallyapprovingandestablishingthePlannedDevelopmentDistrictunlessanapplicationforanextensionhasbeenapprovedb.y the Council.
2.Construction has not commenced within two (2)years of final
Planned Development District approval or in compliance with
the final approved Planned Development District construction
schedule unless an application for an extension has beenapprovedbytheCouncil.
B.Application for Time Extension:
1.Sixty (60)days prior to the first reading of an ordinance torepealtheordinanceestablishingthePlannedDevelopment
District,the responsible party of record representing thePlannedDevelopmentDistrictshallbenotifiedbycertifiedletterviaU.S.mail of the pending action and shall beaffordditheopportunitytosubmitanapplicationforanexten-
sion of the Planned Development District ordinance.
2.The Council may grant one (1)extension not to exceed one (1)
year of the ordinance establishing the Planned Development
District.
IIIIDIIEEN
†
A4
Simplex mode
Mode Recto
Simplex-Modus
Modo símplex
Modo simplex
ORD.1101/Pg.11
3.Application for an extension shall be made to the PlanningCommissionatleastthirty(30)calendar days prior to thescheduleddateofafirstreadingoftherepealordinance.Anon-refundable application fee of $70 shall accompany each andeveryapplicationforanextension.
4.The application shall include a statement of mitigating and/orhardshipcircumstancesnecessitatingtherequestforanexten-sion.
I 5.The Planning Commission shall review the application for anextensionandrecommendtothecouncilthattheapplication beapprovedorrejected.
6.There shall be a first reading of .the repeal ordinance.AtthefirstreadingoftheordinancetheCouncilmaygranttherequestedextensionbasedupontherecommendationofthePlanningCommissionandtestimonygivenatthefirstreading.
7.If the extension is approved,the repealing ordinance will beredocketedforafirstreadingattheterminationoftheone(1)year extension period.In the event that a final PlannedDevelopmentDistrictapplicationandmap(s)has not beensubmittedwithintheone(1)year extension period or in theeventthatconstructionhasnotcommencedwithintheone(1)year extension,there shall be a first and second reading andadoptionoftheordinancerepealingthePlannedDevelopmentDistrict.
18.67.230 Severability:If any provision of this ordinance,or its applicationtoanypersonorcircumstanceisheldinvalid,the remainder of theordinanceortheapplicationoftheprovisionstotheotherpersons orcircumstanceshallnotbeaffected.
Section 2:This ordinance shall take effect and be in force five (5)days afteriitspassageandpublicationasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on April 13,1983.
ATTEST:
City Clerk
PROV AS TO FORM:
ity ttorney i
Publish:April 25,1983
i