Chapter 18.125
MASTER PLANNED DEVELOPMENT

Sections:

18.125.010 Purpose.

18.125.020 Applicability.

18.125.030 Uses.

18.125.040 Permitted density.

18.125.050 Development standards.

18.125.060 Application review procedure.

18.125.070 Amendments.

18.125.080 Time limits.

18.125.090 Site plan and design review procedure.

18.125.100 Merger with subdivision.

18.125.110 Decision criteria.

18.125.120 Submittal requirements.

18.125.130 Site plan and design review decision criteria.

18.125.140 Site plan and design review submittal requirements.

18.125.010 Purpose.

A. The purpose of a master planned development (MPD) is to encourage the comprehensive development of land as a single unit while allowing multiple phased development.

B. A MPD provides greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. A MPD promotes more economical and efficient use of the land by providing coordination of necessary infrastructure, site amenities, and protection of natural systems. (Ord. 97-01 § 14, 1997)

18.125.020 Applicability.

A MPD applies to properties as designated by the comprehensive plan. (Ord. 97-01 § 14, 1997)

18.125.030 Uses.

The uses shall be any permitted or conditional uses in the underlying zone. In developments that include areas that encompass more than one zone, the uses permitted shall be allowed in the same proportion as the area in each zone. (Ord. 97-01 § 14, 1997)

18.125.040 Permitted density.

The number of dwelling units permitted in a development shall not exceed the allowed density of the underlying zone. (Ord. 97-01 § 14, 1997)

18.125.050 Development standards.

Development standards of the underlying zone shall apply except as provided in the following standards:

A. There shall be no minimum setbacks internal to an MPD and no minimum lot size for a commercial or industrial MPD. A residential MPD shall meet the flexible lot standards in the applicable section of BIMC Title 17, Subdivisions.

B. An MPD shall provide the following:

1. An MPD shall plan a circulation system which supports the entire proposed development. A road, bicycle and pedestrian design plan shall be proposed for the development and incorporated as an MPD development standard and a condition of MPD approval. The circulation system may be constructed in phases.

2. Sewage disposal shall be planned for the entire proposed development. The system or systems shall meet the standards for the Bremerton-Kitsap County health district or city of Bainbridge Island standards if located within the city sewer service area. The sanitary sewer system may be constructed in phases.

3. Domestic water shall be planned for the entire proposed development. The water system or systems shall provide adequate potable water and adequate pressure to meet minimum fire flow standards as required under the adopted Uniform Fire Code.

4. Storm drainage management shall be planned for the entire proposed development. The systems shall meet the city standards for storm water management. The storm drainage plan may be constructed in phases.

5. Critical areas shall be protected for the entire proposed development. Protection measures which meet the standards of Chapter 16.20 BIMC, Critical Areas, shall be included in a sensitive areas and open space plan for the MPD. Protection measures may be implemented in phases if approved under the MPD.

6. Open space, landscaping and screening shall be planned for the entire proposed development. The landscaping shall meet Chapter 18.85 BIMC, Landscape Requirements. Landscaping may be constructed in phases.

C. Phasing. Each phase shall support the development proposed in that phase by providing the following:

1. Adequate circulation;

2. Sanitary sewer system;

3. Domestic water with adequate fire flow;

4. Storm management system;

5. Protection of existing environmental sensitive areas; and

6. Adequate open space, landscaping, and screening.

D. The maintenance and preservation of commonly owned areas shall be guaranteed for the life of the structures and uses in the MPD through the execution of appropriate assurance devices acceptable to the city. (Ord. 2004-02 § 1, 2004; Ord. 98-20 § 13, 1998; Ord. 97-01 § 14, 1997)

18.125.060 Application review procedure.

The city shall process a master planned development in accordance with BIMC 2.16.110, city council decision procedures, and the following procedures:

A. The applicant shall submit preliminary materials and plans to the department for consideration at a preapplication conference in accordance with BIMC 2.16.035, preapplication procedure.

B. A complete application as specified in BIMC 18.125.110 and signed by all property owners shall be submitted with the appropriate fee as established by the city by resolution. Upon receipt of a complete application, the director shall provide notice to the applicant and public in accordance with BIMC 2.16.085, and commence the application review process.

C. A MPD application shall be forwarded for review to the development review committee (DRC) and shall be reviewed in accordance with the procedures under site plan and design reviews, BIMC 18.105.040.C.2. The DRC shall not recommend approval of the MPD unless the DRC determines that the proposal complies with each of the applicable MPD development standards contained in BIMC 18.125.050 and the decision criteria contained in BIMC 18.125.110.

D. The planning commission shall review the application and conduct a public hearing in accordance with Chapter 2.16 BIMC.

E. The city council shall review and make a final decision on the application in accordance with Chapter 2.16 BIMC. (Ord. 97-01 § 14, 1997)

18.125.070 Amendments.

An approved MPD, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, sewage disposal, storm management, sensitive area protection, stipulated use, circulation pattern, domestic water and landscaping. Amendments that change the character, basic design, building density and intensity, open space or any other requirements and conditions contained in the MPD shall not be permitted without prior review and recommendation by the hearing examiner, and approval by the city council. If approved, amendments shall be clearly depicted as a revision to approved plans. (Ord. 97-01 § 14, 1997)

18.125.080 Time limits.

The length of time in which an approved MPD remains effective shall be determined during the MPD approval process based on the development requirements. However, an MPD shall be effective for a period no greater than 10 years. The city council may grant an extension of the MPD approval if an applicant can demonstrate that circumstances warrant an extension of the MPD. (Ord. 97-01 § 14, 1997)

18.125.090 Site plan and design review procedure.

A site plan and design review application shall be submitted and approved prior to development of any phase of an approved MPD. A site plan and design review application may include one or more phases of the area within an approved MPD. The city shall process the application in accordance with procedures under site plan and design review, BIMC 18.105.040.C.2. The development review committee shall not recommend approval of the MPD unless the development review committee determines that the proposal complies with the approved MPD, including the adopted conditions, development standards and design guidelines.

A. Phasing.

1. If the proposed site plan and design review application is to be constructed in phases, the project as a whole shall be portrayed in the application, and each phase must receive site plan and design review approval prior to development.

2. A site plan and design review application may be processed in combination with an MPD application.

B. Site Plan and Design Review Approval Amendments. Amendments to the site plan and design review approval which change any of the requirements or conditions contained in the approved site plan and design review application shall not be permitted without prior written approval of such adjustment by the director. If the proposed amendment also changes the requirements or conditions of the MPD, the amendment shall be processed as an amendment to the MPD as provided in BIMC 18.125.070. If approved, amendments shall be clearly depicted as a revision to approved plans.

C. Time Limits. The portions of the MPD which have received a site plan and design review approval shall be subject to the time limitations of BIMC 18.105.100, Expiration and extension. (Ord. 97-01 § 14, 1997)

18.125.100 Merger with subdivision.

The applicant may request that the city process a preliminary plat in conjunction with a MPD or site plan review approval. Platting is required for all projects which intend to subdivide land for the sale of individual lots.

A. Procedure. The city may review and decide on a subdivision or short subdivision at the same hearing as the MPD or any subsequent site plan and design review application to the extent allowed by the city and state subdivision regulations.

B. Requirements.

1. Preliminary Plat and Final Plat. The preliminary plat shall conform to the conditions of the approved MPD; comply with the standards and criteria of Chapter 17.04 BIMC, Subdivisions, Chapter 17.12 BIMC, Short Subdivisions, or Chapter 17.16 BIMC, Large Lot Subdivisions, as appropriate; and comply with applicable state laws pertaining to the subdivision and conveyance of land.

2. Binding Site Plan. For any portion of the MPD which is not to be platted, the hearing examiner may approve a binding site plan for any commercial sites. The examiner may attach terms and conditions to the approval of the site plan if necessary to ensure compliance with the MPD or site plan and design review approval. (Ord. 97-01 § 14, 1997)

18.125.110 Decision criteria.

A. An application for a MPD permit may be approved or approved with modifications if:

1. The MPD clearly demonstrates superior site design by incorporating the following:

a. Provisions for public facilities and/or amenities;

b. Energy efficient site design;

c. Innovative site design that complies with the development standards of the MPD and underlying zoning code;

d. Preservation of critical areas, resource areas, and natural features;

e. Placement of structures, circulation systems and utilities that minimizes impervious surface and the alteration of the land and also responds to physical characteristics of the property; and

f. Site design that reduces dependency on automobiles by providing for pedestrian, bicycle and transit uses;

2. For all MPD containing residential development, the MPD shall also include the following:

a. Provision for affordable housing in accordance with the provisions in Chapter 18.90 BIMC; and

b. At least 15 percent of the gross land area must be set aside as active open space and designed as an integrated part of the project rather than an isolated element;

3. The MPD provides general design guidelines which address building size, scale and mass, landscaping, signage and lighting within the planned area;

4. Adequate public services are available including water, sewer/septic, roads, including access roads, fire and storm drainage. Approval of the MPD should not reduce existing public service levels for surrounding properties below acceptable levels without mitigation measures;

5. The MPD is consistent with the goals and policies of the comprehensive plan;

6. The MPD complies with all other codes and policies of the city;

7. If a MPD will be phased, each phase of a proposed MPD must contain adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the MPD to stand alone if no other subsequent phases are developed.

B. If no reasonable conditions or modifications can be imposed to ensure the application meets the criteria set forth above, then the application shall be denied. (Ord. 98-20 § 13, 1998; Ord. 97-01 § 14, 1997)

18.125.120 Submittal requirements.

A. A master planned development application and fee shall be filed with the department by the owner of land for which the permit is sought, or the authorized agent of the owner.

B. Submittal requirements include the following:

1. The legal description of the property and tax account number;

2. A complete and detailed written statement of the intended use of the land, the sequence and timing of the proposed development, and the applicant’s intentions with regard to the proposed ownership of land areas, dwelling units and commercial buildings within the development, both during and after construction. The statement shall include the following:

a. The acreage contained within the proposed MPD, the minimum and maximum number of lots and dwelling units being proposed, and the minimum and maximum number of lots and dwelling units per acre of land;

b. The maximum and minimum lot sizes;

c. The acreage of open space (including a separate figure for usable open space) to be contained in the MPD and the percentage it represents of the total area;

d. The proposed maximum total square footage of nonresidential construction;

e. The height, setbacks, building and development coverage;

f. Phasing of on- and off-site requirements such as sidewalks, bike paths, bus stops, street lights, traffic signals, utilities or improvements of adjacent streets;

g. The phasing of street improvements, including road construction, acreage of road area and percentage it represents of the total land area;

h. The availability and phasing of water system extensions; and

i. The method of sewage disposal, to include the availability and phasing of system extension;

3. A scale drawing of the property indicating:

a. North point and graphic scale;

b. Boundaries, easements, and ownerships as set forth in the legal description;

c. Topography at appropriate contour intervals;

d. Existing structures and improvements;

e. Existing vegetation and significant trees as required by the landscape regulations, Chapter 18.85 BIMC; watercourses, and other natural features;

f. Lot or land divisions;

g. All proposed improvements, including general building footprints;

h. Sewage disposal system;

i. Storm drainage design;

j. Utilities plans, including existing and proposed hydrant locations;

k. Existing and proposed circulation system on and off the site, including auto, truck, emergency and transit access and pedestrian and bicycle circulation plans;

l. Landscaping plans, including street trees;

m. Proposed land uses and densities on the subject property;

n. Location and types of dwelling units proposed;

o. All adjacent streets and rights-of-way; and

p. Other plans and drawings deemed necessary for evaluation;

4. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, driveways and other land features;

5. Phasing schedule;

6. The terms, conditions, covenants, and agreements regarding the intended development and terms, conditions, covenants, and agreements under which the proper is bound;

7. An environmental checklist when required by the State Environmental Policy Act, codified at Chapter 16.04 BIMC; and

8. The proposed method of insuring permanent retention and maintenance of circulation system, storm drainage system, sewage disposal system, parks, open space, or other common private or public facilities.

C. The director or designee may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 97-01 § 14, 1997)

18.125.130 Site plan and design review decision criteria.

The decision criteria of site plan and design review, BIMC 18.105.060, shall apply in addition to the following:

A. All applicable MPD development standards and adopted design guidelines shall be met.

B. All applicable MPD conditions of approval shall be met. (Ord. 97-01 § 14, 1997)

18.125.140 Site plan and design review submittal requirements.

The submittal requirements of site plan and design review, BIMC 18.72.050, shall apply in addition to the following:

A. Depiction of the phase or phases of the approved MPD being proposed for the site plan review and design approval;

B. Circulation plan which meets the standards of the approved MPD;

C. Sewage disposal plan which meets the standards of the approved MPD;

D. Storm drainage management plan which meets the standards of the approved MPD;

E. Sensitive areas and open space plan which meets the standards of the approved MPD;

F. Landscape plan which meets the standards of the approved MPD; and

G. Adopted development regulations and design guidelines of the approved MPD. (Ord. 97-01 § 14, 1997)