(A)
Purpose. The purposes of this section are:
(1)
To offer an alternative form of development that benefits the city in ways that are superior to traditional lot-by-lot subdivision development;
(2)
To allow flexibility and creativity in the layout and design to protect valued critical areas and to provide usable open space and recreation facilities;
(3)
To promote a variety of housing choices in harmony with the surrounding areas;
(4)
To provide a more efficient street and utility system that may reduce housing prices and the amount of impervious surface;
(5)
To achieve the goals of the city's comprehensive plan, other ordinances and development regulations with regard to livable, desirable residential communities.
(B)
Specific Requirements of PRD. A PRD should be based on the following general goals. These goals are translated into prescriptive regulations in the following pages. A determination of whether a specific PRD should be approved should be based on those requirements and not on general goals alone.
(1)
The proposed PRD meets the requirements of this subsection.
(2)
A PRD is allowed in the R-9,600 zone. The tract must be of single ownership.
(3)
The property in question must be in common ownership.
(4)
The applicant provides one or more of the following improvements to the subject property as part of the proposed PRD:
(a)
The PRD provides public facilities that the city could not require of the applicant without a PRD including but not limited to facilities like parks, playgrounds, ball fields, sites for libraries, city halls, fire stations, and public parking lots for access to public facilities;
(b)
The PRD will preserve, enhance or rehabilitate natural features such as significant woodlands, wetland areas, water bodies, view corridors and similar features;
(c)
The design of the proposed PRD is superior to a traditional lot-by-lot proposal in one or more of the following ways:
(i)
Additional usable open space and recreation areas;
(ii)
Recreation facilities including, but not limited to, bicycle or pedestrian paths, children's play areas and play fields;
(iii)
Superior circulation patterns and location of parking;
(iv)
Superior landscaping, buffering, or screening in or along the perimeter that exceeds the minimum requirements of the UDC;
(v)
Superior design, layout, and orientation of structures including but not limited to examples like traditional neighborhood development approaches, grid road systems, alleys, clustering of houses for the purposes of economics, affordable housing elements as part of the project, and trail systems connecting other neighborhoods.
(C)
Consideration of Density Bonus. In a proposed PRD, the hearing examiner may approve a residential density increase of up to 120 percent of the maximum density allowed in the R-9,600 zone if the requirements for providing amenities (open space, recreation facilities) and housing needs (innovative layout and design, special uses) are met.
(D)
Minimum Size. PRDs may only be permitted on a minimum of one acre or greater.
(E)
Permitted Zones. PRDs are permitted in the residential R-9,600 (R-9600) zone only. Any uses permitted or conditioned in the underlying zone shall be permitted in the PRD. Duplexes may be permitted in any residential PRD. No uses shall be permitted except in conformance with a specific and precise final development plan in accordance with the procedural and regulatory provisions of this subsection.
(G)
Availability of Public Services.
(H)
Application Process.
(1)
The application shall be filed with the city clerk together with the application fee and required documents in compliance with the Granite Falls Municipal Code.
(2)
The PRD application fee shall cover the reimbursable costs of the preapplication conference, technical review, and the staff report to the hearing examiner. The application will be accompanied by a nonrefundable fee (see permit fee resolution). Any application for an amendment to the PRD shall also be subject to permit fees.
(3)
Written documents required with the application shall include:
(a)
Application for a short plat or subdivision approval, if needed;
(b)
Environmental checklist (SEPA determination);
(c)
A legal description of the total site;
(e)
A site description that provides:
(i)
Total number, type and location of dwelling units;
(ii)
Parcel sizes;
(iii)
Proposed lot coverage and all structures;
(iv)
Approximate gross and net residential density;
(v)
Total amount of proposed open space (divided into usable and protected) and identified recreation areas;
(vi)
Economic feasibility studies, market analysis, or other required studies;
(f)
A site plan and maps including:
(i)
Site plan of all existing and proposed structures and improvements;
(ii)
Map of existing and proposed circulation system (pedestrian and vehicular) including public rights-of-way and notations of ownership;
(iii)
Map of existing and proposed location of public utilities and facilities;
(iv)
Landscape plan showing greenbelts, buffers and open space (usable and protected);
(v)
Proposed treatment of the perimeter indicating the location of vegetation to be retained and to be installed;
(vi)
Schematic plans and elevations of proposed buildings with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs, and accessory structures;
(g)
A description of the proposed sequence and timing of construction, the provisions of ownership and the management once the PRD is developed;
(h)
Any information about adjacent areas that might assist in the review of the proposal.
(I)
Site Design Criteria.
(1)
Basic Density. The allowable basic density shall be the same as permitted by the R-9,600 zone.
(2)
Density Bonus. The hearing examiner may approve a density increase of up to 120 percent of the allowable density if the required amenities and needs are proposed. Bonuses shall be based on a formula of:
(a)
Fifteen percent if the PRD proposal provides for the following: at least 25 percent of the net area is designated as common open space. Active recreation facilities such as paths, trails, playgrounds and equipment, ball fields and basketball courts for people of all ages shall be provided based on review and approval by the city.
(b)
Five percent for innovative site design and layout such as, but not limited to, facing views, buffered parking, accommodating land constraints, clustered lots, alleys, grid systems for roads, interconnected green spaces, and landscaping buffering along the frontage in separating the developed areas from adjacent properties.
(3)
Common Open Space. At least 25 percent of the net land area of a planned residential development shall be dedicated as common open space other than required public improvements or private streets, stormwater conveyances, landscape strips, or critical areas or their buffers. The dedicated open common space shall be deeded to the city or placed in a permanent easement as may be required by the city. Stormwater vaults can be part of the open space as long as they are covered, flush with the ground, and meet the other requirements for open space included in this chapter.
(4)
The dedicated open common space shall be set aside in perpetuity for the use of residents of the development or shall be deeded to a homeowners' association by written instrument. If a conveyance to a homeowners' association is the instrument selected, the landowners shall so organize said conveyance that it may not be dissolved, nor dispose of the open space by sale or other means except to an organization conceived and established to own and maintain it or dedicated to the city subject to city council approval.
(a)
All streams, wetlands, geologically critical areas, and any associated buffers shall be preserved as open space and reserved in separate tracts (native growth protection areas), as provided by the city's critical area regulations, GFMC § 19.07.020.
(b)
Any area to be dedicated for common open space shall be kept, located and of such a shape to be acceptable to the designated official. In determining the acceptability of proposed common space, the designated official shall consider future city needs and may require a portion of the common space to be designated as the site of a potential future public use; provided, however, that not more than 25 percent of the gross area shall be taken for public facilities. In the event that it is deemed necessary to set aside any portion of the site for public buildings, an agreement shall be entered into between the applicant and the city of Granite Falls. This shall apply to the need for land for any public purpose except for public recreation. No final plat or occupancy permit shall be granted until the improvements required for the PRD have been installed to the satisfaction of the city.
(c)
All common open space area shall be graded and seeded or paved by the developer during the course of construction, unless the designated official approves or directs the maintaining of all or a portion of such open space in its natural state or with minor, specified improvements. Required or proposed improvements shall either be provided during construction or bonded prior to final plat approval.
(d)
All off-street parking areas shall be transferred to the ownership of a homeowners' association for maintenance and repairs. Wherever median grass strips or other landscaped areas are proposed that will be visible to the general public within the development, covenants and/or agreements shall provide for the maintenance of such areas by the homeowners' association.
(e)
At least 75 percent of the required open space shall be contiguous. The length of the open space tract shall be no more than twice its width. Under special conditions that are peculiar to the particular parcel of land or to the public purpose for which the land is to be used, dedication of a smaller area can be authorized by the designated official.
(f)
Common open space areas may be used as park, playground, or recreation areas, including swimming pools, equestrian, pedestrian, and/or bicycle trails, tennis courts, shuffleboard courts, basketball courts, and similar facilities; woodland conservation areas; or any similar use of benefit to the residents of the development if in the ownership of a homeowners' association or the city, or if dedicated to and accepted by the appropriate department of the city, and deemed appropriate by the designated official.
(g)
Common open space shall contain active recreation facilities such as play structures, sport courts, game areas, trails and walking paths. In addition, the facilities shall include park benches, garbage containers, and five trees for every 20,000 square feet of common space or portion thereof. Existing trees are encouraged to be retained when addressing this requirement.
(h)
Each lot shall be located within a 1,200-foot walking distance of common open space and shall be provided access to the common open space via pedestrian walkways, paths, or sidewalks.
(5)
Minimum Lot Size. The hearing examiner may recommend and the city council may approve a proposal that averages the lot sizes with no lot size of less than 6,000 square feet in the R-9,600 zone.
(6)
Criteria for Lot Coverage and Setbacks.
(a)
No portion of any building or structure shall be constructed to project onto any common open space.
(b)
The front yard building setback shall be one-half of the right-of-way the lot front is on. Rear and side yard building setbacks shall be a minimum of five feet. The sum of the side yards shall not be less than 10 feet. The minimum front yard is intended to provide privacy and usable yard area for residents. Typically privacy may be a more important factor than use and where a preliminary plan can demonstrate privacy by reducing traffic flow in front of the dwelling, screening or planting, or by facing the structure toward common open space, a reduction in the front yard requirement is possible.
(c)
Minimum lot widths are intended to prevent the construction of long buildings with inadequate light and air. The hearing examiner may approve minimum lot widths of no less than 50 feet as measured at the building setback line in a PRD in situations which create irregular lot configurations; if the design can adequately provide for light, air, and privacy provisions (particularly for living spaces and bedrooms), a narrower lot width may be permitted.
(7)
Street Standards. PRDs shall be subject to the city's public works standards, with the following exceptions:
(8)
Buffer Between Uses. A buffer of 30 feet shall be established between single-family and multiple-family structures within a PRD. Buffers must be free of structures and must be landscaped, screened, or protected by natural features. Buffers may be used as part of the permitted common open space if the hearing examiner finds it consistent with the intent of the design criteria and suitable for that purpose.
(J)
Review Criteria. These criteria will guide the hearing examiner's review and recommendations and final decision.
(1)
The preliminary plan includes appropriate provisions for the public health, safety and general welfare of the public including, but not limited to, the following:
(a)
Open space (protected and usable) and recreation facilities;
(b)
Water, sewer, drainage and stormwater utilities;
(c)
Streets, vehicle and pedestrian facilities;
(d)
Appropriate ingress and egress;
(e)
Fire and emergency vehicle access; and
(f)
Minimized potential for soil erosion, landslides, and mudslides.
(4)
All public and private facilities and improvements on and off the site necessary to provide for the proposed PRD are or will be available when needed.
(5)
Use of existing public facilities and services will not degrade levels of service to existing users.
(6)
Scenic value of existing vistas is protected.
(7)
Existing vegetation and permeable surfaces (which provide watershed protection, ground water recharge, climate moderation and air purification) are protected.
(8)
Existing habitat, wildlife corridors, and areas used for nesting and foraging by endangered, threatened or protected species are protected to the extent consistent with the proposed new development.
(K)
Official Site Plan. The official site plan, as approved by the hearing examiner, shall become the official site plan of the PRD.
(L)
Maintenance of Open Space and Utilities. Prior to final plat approval, the applicant shall submit to the city covenants, deeds and homeowners' association bylaws and other documents guaranteeing maintenance and construction and common fee ownership of public open space, community facilities, private joint use driveways, and all other commonly owned and operated property.
(M)
Amendments and Modifications.
(1)
Any amendments or major modifications shall be reviewed in the same manner as an original application. A "major modification" means any proposed change in the basic use or any proposed change in the plans and specifications for structures or locations of features whereby the character of the approved development will be substantially modified or changed in any material respect or to any material degree.
(2)
Prior to issuing a building permit for any structure in a PRD, the final plat, subdivision, or dedication shall have been approved by the city council and filed for record by the city clerk with the Snohomish County auditor. If a PRD does not require subdivision or dedication, an official site plan and accompanying documents shall be filed with the county auditor, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval.
(3)
Prior to final plat approval, these documents shall be reviewed by an attorney and accompanied by a certificate stating that they comply with the requirements of this section. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the Secretary of State and the Snohomish County auditor as a condition precedent to the filing of any final plat of the property or division thereof, except that the conveyance of land to a homeowners' association may be recorded simultaneously with the filing of the final plat.
(N)
Covenants. PRD covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common.
(O)
Time Limit. Applications and/or official site plan approval for the entire PRD shall expire five years after preliminary plat approval.
(P)
Phased Developments. If a PRD is to be constructed over a period of more than two years from the date of preliminary plat approval, the PRD will be divided into phases or divisions of development and numbered sequentially in the order construction is to occur. The preliminary and final plats for each phase shall be reviewed separately. Each phase of the project shall meet all the requirements of a single PRD.
(Q)
Final Plat Assurance Device. The city may require assurance devices to assure compliance with the conditions of the approved final plat. All required improvements must be completed within one year from the date of final plat approval unless work is continuous beyond that point or unless modified by the conditions of approval. A maintenance assurance device for at least one year after city acceptance of all required improvements shall be provided. A longer period may be established by the conditions of final approval or by the city engineer for improvements of facilities which may not reasonably demonstrate their durability or compliance within a one-year period.
(R)
Special Requirements for Resource Lands. In accordance with RCW 36.70A.060, when appropriate, the final plat must contain a notice that the subject property is on or within 300 feet of lands designated agricultural lands, forest lands or mineral resource lands.
(S)
Enforcement. Any division of land contrary to the provisions of this chapter or approved amendments shall be declared to be unlawful and a public nuisance. Compliance with this section or approved amendments may be enforced by mandatory injunction brought by the owner or owners of land in proximity to the land with the proscribed condition. The prosecuting attorney may immediately commence action or actions, or proceedings for abatement, removal and enjoinment thereof, in a manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the illegal division.
(T)
Severability. If any section, subsection, sentence, clause or phrase of this chapter or amendment thereto, or its application to any person or circumstances, is held invalid, the remainder of this chapter or application to other persons or circumstances shall not be affected.
(U)
Injunctive Action. The city of Granite Falls, through its authorized agents and to the extent provided by state law, may commence an action to restrain and enjoin violations of this chapter, or any term or condition of plat approval prescribed by the city, and may compel compliance with the provisions of this chapter, or with such terms or conditions as provided by RCW 58.17.200 and 58.17.320. The costs of such action, including reasonable attorneys' fees, may be taxed against the violator.
(Ord. 1020 § 1 (Att. A), 2022)