21.48.800 Procedures and standards for consideration of rezoning to this zone.
A. Ownership. A PRC zone may be established only upon land held in single ownership or under unified control, which land contains no public streets or alleys, except streets deemed necessary by the city for the movement of vehicular traffic and except any rights-of-way for public utility purposes. In the event that a vacation of streets, alleys or plats is necessary in order to meet the requirements of this section, a proper petition for the vacation shall be filed with the city on or before the date of public hearing of the rezone request. Rededication of the vacated streets, in the event that the proposed shopping center is not constructed, may be provided for in a contractual agreement between the developer and the city. When portions of an established PRC zone are sold to third parties, said purchasers shall be subject to all of the provisions of this chapter.
B. Size. The minimum area for each PRC zone shall be 50 acres.
C. Elimination of Nonconforming Use. If a PRC zone is established upon a tract of land which would contain a nonconforming use after the passage of the amendment to the zoning map, the development plan for the tract shall include the elimination of the nonconforming use.
D. Submittal Requirements.
1. Market Analysis. As part of an application for the PRC zone, the applicant shall submit a market analysis, acceptable to the city council and planning commission and conducted by a recognized market analyst, which shall serve as a guide to the city council and planning commission for the evaluation of the application in terms of the need or desirability to change the zoning in the public interest; the amount of land included in the rezoning application which can be realistically supported in commercial use; and a finding that the proposed development will promote the general welfare of the city.
2. Proof of Ability to Complete Project. Prior to the submission of a petition for rezoning an area to PRC zone, the developer shall submit all evidence deemed necessary by the council and/or the planning commission of its ability to undertake the proposed project.
3. Preliminary Site Plan. The applicant or developer shall submit a preliminary site development plan for the shopping center showing a unified and organized arrangement of buildings, off-street parking, internal vehicular traffic and pedestrian circulation, and service facilities which are feasible for the property on which the center is proposed and which planned development shall minimize any adverse effect of the center on the properties surrounding the proposed development. The city of Lynnwood may require the site development plan to be submitted before holding a public hearing on the establishment of this zone. The plan shall contain information showing compliance with the requirements of this chapter and all other applicable city ordinances. Any changes in the site plan shall be filed with the city of Lynnwood and no building permit shall be issued for any structure which is not in conformance with the site plan currently on file with the city.
4. Traffic Circulation Plan. The location of a PRC zone shall have an acceptable relationship to the arterial street plan for the city of Lynnwood. For this purpose the applicant or developer shall submit a traffic circulation plan showing the adequacy of the streets providing access to the shopping center to carry the traffic generated by the shopping center, proper methods of ingress and egress to and from the center, necessary acceleration and deceleration lanes and necessary traffic control devices, including channelization.
E. Contractual Agreement.
1. Public Improvements. In the event that the traffic to be generated by the shopping center is found to create a need for street construction, widening or other street improvements, the financial responsibility of the developer for all or any part of the costs of street construction, widening or resurfacing, acceleration and deceleration lanes, traffic control devices and signs, including channelization, sidewalks, curbs and gutters, and utilities, shall be made the subject of a contractual agreement between the developer and the city; provided, that in any event the developer shall be required to construct proper ingress and egress driveways to the shopping center and street curbing as required by city ordinance. An ordinance establishing the PRC zone shall not be considered until the developer and the city have entered into a contractual agreement as contemplated herein.
2. Rezoning for Nonperformance. The agreement shall further provide that if the developer fails to proceed with the construction within the time provided for in this chapter, that the developer shall not oppose proceedings to have the area reclassified, and shall take no further action to construct buildings in the development other than to complete any buildings under actual construction.
3. Bond. Further, the agreement may contain a provision requiring the developer to post a good and sufficient bond running to the city of Lynnwood with a surety company licensed to do business in the state of Washington in an amount equal to the estimated cost of the street and utility development conditioned that the developer shall faithfully perform all the provisions of the contract concerning the development of the streets and utilities and shall save the city free and harmless from all loss and damage occasioned to any person or property as a result of the developer performing the provisions of the contract.
F. Timing. A building permit must be secured and construction begun in accordance with the approved final site development plan for a PRC zone within two years from the effective date of the ordinance establishing the zone. Application may be made to the city for not more than one-year extension of the time limit for commencement of construction. Construction begun in accordance with the approved final site development plan must be completed within five years of the date construction is commenced; provided, however, that an alternate schedule for development of the center may be made a part of the contract required by this chapter. In the event that construction is not begun or not completed within the time limits specified by this chapter or by the contract, the planning commission shall review the zoning of the zone and the development which has taken place and, if deemed necessary, initiate proceedings to reclassify the zone. (Ord. 2441 § 15, 2003; Ord. 2020 § 20, 1994; Ord. 978 § 1, 1978; Ord. 447 § 1, 1968)