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A. Elements of approval process. The two elements of the planned development approval process are:

1. Approval of the planned development concept development plan which contains a substantial level of detail for the whole project; and

2. Approval of the detailed site plan(s) to be constructed in one or more phases that provide all of the additional detail not contained in the concept plan.

B. Decision-making process.

1. Initial approval. A new planned development concept plan shall be processed by means of a Type IV review, per 20.210 VMC, using approval criteria contained in 20.260.050 VMC. The Planning Commission shall be the initial review authority for planned developments greater than 25 acres in size and the Hearings Examiner shall be the initial review authority for planned development 25 acres or less in size. The initial reviewer shall issue a recommendation to the City Council. The City Council shall be the final authority for planned developments.

2. Subsequent reviews. The detailed site plan, and phases thereof, shall be reviewed by means of a Site Plan Review under 20.270 VMC, to ensure that it is substantially in compliance with the approved concept development plan, using approval criteria contained in 20.260.050 VMC.

3. Modification of an approved concept plan

a. Type I Review. The following shall be reviewed by means of a Type I review, using procedures contained in Section 20.210.040 VMC, or as part of a subsequent Site Plan Review for a detailed site plan:

1. Modification of the location of an approved building, providing the modification complies with the applicable base zone development and design standards, as modified in the concept plan approval, and all relevant conditions of approval.

2. Removal of building approved in the concept plan approval.

3. A new building of any size in any location that replaces a building approved but not constructed, provided there is no net increase in total building coverage and there is compliance with the applicable base zone design and development standards, as modified in the concept plan approval, and all relevant conditions of approval.

4. New buildings or building additions up to 5,000 gsf not anticipated and, therefore, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 2,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.

5. Change in residential density by 5% or less, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.

6. Relocation of open space of up to 25% of required total as long as the total amount is not reduced.

7. Reduction or increase of parking by 5% or less.

b. Type II Review. The following shall be reviewed by means of a Type II review, using procedures contained in Section 20.210.050 VMC, or as part of a Site Plan Review for a detailed site plan:

1. New building or building addition exceeding 5,000 gsf but less than 10,000 gsf, not contained in the concept plan approval, except in locations within 100 feet of a boundary abutting residentially-zoned property, in which case such new buildings or building additions shall not exceed 5,000 gsf, provided the modification complies with the applicable base zone use, design and development standards, as modified in the concept plan approval.

2. Change in residential density by more than 5% but less than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.

3. Reduction or increase of parking by at least 5% but no more than 10%.

c. Type III Review. The following shall be reviewed by means of a Type III review using procedures contained in Section 20.210.060 VMC.

1. New building or building additions greater than of 10,000 gsf or more, not anticipated and not contained in the concept plan approval, except within 100 feet of a boundary abutting residentially-zoned property where this review shall be required for new buildings or building additions that exceed 5,000 gsf.

2. Change in residential density by more than 10%, provided the project still complies with the minimum and maximum residential density required in the underlying zone, unless a density bonus has been granted, subject to 20.260.060(D) VMC, in which case the modified density shall not exceed the total bonus density.

3. Reduction or increase of parking by more than 10%.

4. Decrease in the amount of open space approved in the concept plan.

5. New uses not included in the concept plan approval.

6. A proposed use or development that was denied in the initial master plan approval.

d. Modification of a detailed development plan.

1. Minor modification of a detailed development plan, as defined in Subsection 3(a) above shall be processed as a Type I review, per 20.210.040 VMC.

2. Moderate modification of a detailed development plan, as defined in Subsection 3(b) above shall be processed as a Type II review, per 20.210.050 VMC.

3. Major modification of a detailed development plan, as defined in Subsection 3(c) shall trigger the need for a review of the concept plan as a Type III Action, per 20.210.060 VMC.

C. Concurrent reviews. An applicant may file two or more related requests concurrently. These concurrent reviews will be reviewed by the procedure type of the higher/highest level, that is, if one review is subject to a Type III process and the other a Type II process, both will be subject to a Type III review process. Examples of concurrent reviews include:

1. Concept development and one or more phases of a detailed site plan.

2. Concept development plan and one or more environmental reviews.

3. Concept development plan and land division.

4. Concept development plan and height variance.

5. Concept development plan and one or more conditional use(s).

6. Detailed site plan and modification of an already-approved concept development plan may be reviewed concurrently by means of a Type II or III process, depending upon the nature of the concept plan modification as defined in Section B(3) above.

7. A concept development plan and any combination of the above.

D. Adjustments. Adjustments to numerical development standards in the underlying zoning district shall meet the criteria contained in Section 20.260.050(B) VMC below in lieu of requirements for variances contained in Chapter 20.290 VMC. The exception to this is a request to exceed the maximum height permitted in the underlying zone, which will require a concurrent variance request per 20.290 VMC. (Ord. M-3931 § 7, 11/02/2009; Ord. M-3847 § 4, 11/19/2007; Ord. M-3663 § 8, 08/02/2004; Ord. M-3643, 01/26/2004)