Chapter 19.66
PLANNED UNIT DEVELOPMENT

Sections:

19.66.010 Authorization.

19.66.020 General purpose.

19.66.030 Definitions.

19.66.040 Minimum requirements.

19.66.050 Approval of all land use.

19.66.060 Application requirements.

19.66.070 General requirements.

19.66.080 Authorization of construction permits.

19.66.090 Termination of approved plans.

19.66.100 Approved plans not transferable.

19.66.010 Authorization.

Recognizing that there may be situations in which the basic provisions of this title may be modified so as to permit the improvement of large tracts of undeveloped land by what is known as the planned unit development method for the benefit of the general welfare, the planning commission may, after giving notice as required by law and by holding a public hearing, recommend approval of the plans submitted by the owner or developer for the improvement of land by the planned unit development method to the council. The submitted plans and contemplated improvements shall comply with the hereafter specified requirements and conditions. Planned unit development shall be permitted only within the residential district, R-1, residential district, R-4, the suburban residential district, S-R, and riverfront district, RF-1. (Ord. 1787 § 2, 1976; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.020 General purpose.

(1) The use of planned unit development is intended to permit a greater degree of flexibility and diversification in the use of land for planned group building developments which will provide land development as good or better than that resulting from the traditional land development which complies with requirements of Chapters 19.18 through 19.63 LMC.

(2)  Planned unit development will permit more advantageous use of sites through group buildings, large scale site planning, the arrangement of specific structures, open spaces, and park and recreation facilities within such a development. (Ord. 2662 § 1, 1997; Ord. 1334, 1967).

19.66.030 Definitions.

(1) “Approved” means approval by the council.

(2) “Planned unit development” means a planned large project, the average density of which shall not be less than the minimum density required by other sections of this title, but which provides for a degree of latitude for approving lot sizes, yard requirements and land use, and which requires open space for the residents of such area and which makes provisions for public park and recreational areas.

(3) “Townhouse” means three or more dwelling units connected at the sides, but with separate entrances and utility connections for each unit and not having joint services as for apartment houses as defined by other sections of this title.

(4) “Unusable land” means land having a grade of more than 45 degrees from horizontal grade.

(5) “Condominium” means a structure containing one or more units:

(a) Which is the subject of a declaration filed pursuant to the Horizontal Property Regimes Act (Chapter 64.32 RCW); or

(b) In which there is private ownership of individual units and common ownership of common areas.

(6) “Homeowners’ association” means a Washington State nonprofit corporation required by this chapter in connection with every planned unit development hereafter permitted in the city, the members of which shall consist of the owners of land within such planned unit development. (Ord. 2662 §§ 2, 3, 1997; Ord. 2211 § 1, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.040 Minimum requirements.

All planned unit development projects shall comply with the following minimum requirements:

(1) Lot sizes within a planned unit development, exclusive of areas set aside for commercial, open space, streets, and public parks, shall not be less than the minimum lot sizes required by other sections of this title for similar land use.

(2) The planned unit method of development shall apply only to undeveloped tracts of land containing an area of at least five acres of land; provided, that the planning commission may consider tracts of land having an area of less than five acres if the tract is separated from adjoining areas on at least three sides by permanent barriers such as hills, lakes, rivers, parks, playgrounds or golf courses.

(3) A minimum of 10 percent of the total area of the planned unit development shall be devoted to open space, playground or other recreational purposes, principally for use by the residents of the planned unit development. Such required open space may not include land which is unsuitable for recreational use or which is inaccessible due to topographical or environmental conditions. Such open space, playground or recreational areas shall be available for use by residents of such planned unit development, and shall consist of land area within the boundaries of the planned unit development upon which no structures (other than playground and recreational structures) are to be erected, which is in excess of the yard requirements for the uses permitted in the other applicable use districts set forth within this title if such uses were to be constructed outside a planned unit development, and which open space, playground and recreational areas shall be owned, operated and maintained by the homeowners’ association for the benefit of all of the owners of land within the planned unit development and for members of the homeowners’ association. Such open space, playground or recreational areas may not include public parks, streets, sidewalks or parking lots, and shall be available for the use of members of the homeowners’ association in accordance with the bylaws, rules and regulations of such association.

(4) That portion of the planned unit development that is to be dedicated to the city and used for public park purposes shall be determined and dedicated in accordance with Chapter 19.79 LMC. Plans for development, use, maintenance and operation of open space, playground and recreational areas of a planned unit development shall be coordinated with the proposed plans for public park development, use, maintenance and operation of the city department of parks and recreation. (Ord. 2953 § 1, 2006; Ord. 2662 §§ 4, 5, 6, 1997; Ord. 2211 § 2, 1985; Ord. 1775 § 1, 1976; Ord. 1334, 1967).

19.66.050 Approval of all land use.

The use of all land contained within a proposed planned unit development shall be approved by the council after receiving the recommendations of the planning commission of the city, which recommendations shall be made after the holding of a public hearing on the application hereinafter specified. Such approval shall permit the unified development of the site for the construction of compatible residential or commercial land uses or any combination thereof. (Ord. 2211 § 3, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.060 Application requirements.

Prior to commencing any construction work, application in writing shall be made by the owner or developer to the planning commission for approval of complete plans for the improvement of all or any portion of a tract of land proposed to be improved by the planned unit development method. Where only a portion of the site is submitted for approval, a preliminary plan indicating, in general, the proposed layout for the portions of the site proposed to be developed in the future shall be submitted with the complete plans of the area proposed to be immediately improved. Plans for a planned unit development shall include all drawings, specifications, schedules, tables and other information which the planning commission may require to indicate compliance with the provisions of this chapter. No construction shall be commenced until the council has given its approval to the complete plans, whether the same is for all or only a portion of the planned unit development. Construction may be commenced on only that portion of the site for which the council has approved complete plans. Such plans shall conform to the requirements and submission standards of Chapter 19.80 LMC, the subdivision ordinance, and shall include, but not be limited to, the following items:

(1) A plan or plans of a scale of not less than one inch equals 200 feet of the proposed development, designating the following:

(a) Proposed name of the development, north point, scale, date, legal description and names and addresses of the developers, engineer, surveyor, land planner and/or landscape architect,

(b) The basic layout of the site or portion thereof, including lot design, building locations, street layout and roadway widths,

(c) Horizontal alignment data for all streets and vehicular accessways. Vertical alignment data and profiles shall be submitted when requested by the planning commission,

(d) Any areas proposed to be dedicated for public use, such as public parks, schools or playgrounds,

(e) Open space as required by this chapter,

(f) A general land use plan for the area proposed to be developed, indicating the areas to be used for various purposes,

(g) Types of dwelling and/or commercial uses and the site locations therefor,

(h) Proposed location of off-street parking areas with dimensions,

(i) Pedestrian walks, malls and trails, both public and private,

(j) A circulation plan indicating the proposed movement of vehicles and pedestrians within the proposed development and to and from adjacent public thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation plan shall be shown. Supporting data shall be supplied when requested by the planning commission,

(k) The stages of development to be contacted in progression, if any,

(l) Finish contours at five-foot intervals,

(m) The location of adjacent utilities intended to serve the development and a layout of the utilities within the development,

(n) The existing or intended uses of land within the tract, if any, not to be developed as a part of the planned unit development,

(o) Building setback lines;

(2) The intended time schedule for development;

(3) Table showing the density and lot coverage of the overall development;

(4) Such other information as the planning commission may require in order to make necessary findings on the application for approval;

(5) A preliminary draft of the documents necessary and desirable for formation of a Washington State nonprofit corporation, the name of which shall include the name of the planned unit development, followed by the words “homeowners’ association”, including preliminary drafts of the following incidental documents:

(a) Articles of nonprofit incorporation, that include:

(i) A provision requiring that the real property assets of the corporation devolve to public (governmental) ownership in the event of insolvency, bankruptcy, or foreclosure for failure to pay taxes;

(ii) A provision prohibiting the encumbrance by mortgage, deed of trust or other similar instrument of any land of the homeowners’ association that consists of open space, playground or recreational areas of the planned unit development;

(iii) A provision prohibiting the lease, sale, alienation of such open space, playground or recreational areas, except upon a replat of the planned unit development that deletes the requirement of maintaining such open space, playground or recreational areas;

(b) Bylaws providing for:

(i) Membership only by land owners within the planned unit development;

(ii) Voting rights of members;

(iii) Provisions for directors and officers and their election;

(iv) Provisions for maintenance, operation, management and use of open space, playground and recreational areas owned by the homeowners’ association, and for the levying, collection and enforcement of assessments upon the members of the association;

(v) Provisions for the maintenance of entrance signs proclaiming or describing the existence of a planned unit development;

(vi) The appointment, duties and authority of an architectural control committee;

(vii) Such other provisions as are deemed necessary or desirable to the developer and property owners within the planned unit development. (Ord. 2662 § 7, 1997; Ord. 2211 § 4, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.070 General requirements.

The following general requirements shall be met in application for approval of and development of a planned unit development project:

(1) The plan approved as acted upon by the council shall be binding upon the developer and variations from the approved plan shall also be subject to approval by the council.

(2) The community and economic development department shall issue no permit or certificate of occupancy for any building or structure which does not conform with the plans approved by the council.

(3) The city engineer shall issue no permit or certificate of approval for any public improvements which do not conform with the plans approved by the council.

(4) All the land within the planned unit development shall be subject to such contractual agreements or recorded covenants as the council may deem necessary to protect the public interest.

(5) The development of the property in the manner proposed shall not be detrimental to the public welfare and shall be in keeping with the general intent of other sections of this title.

(6) The plan for the proposed development shall present a unified and organized arrangement of buildings, service facilities, public park land and open spaces which are compatible with the properties adjacent to the proposed development.

(7) The development of the perimeter of the planned unit development shall conform to the development of the surrounding area so that there will be a gradual transition between the existing and new development; or the existing and new development shall be separated by an approved planting strip or park.

(8) The principal access to the development shall be by through major residential or higher traffic capacity street or streets.

(9) The development, or the portion thereof for which approval is sought, shall be completely planned and the council shall require the inclusion of such facilities as paved streets, curbs, gutters, off-street parking, public park land, storm sewers, sanitary sewers, water lines, underground power, telephone lines and other utilities, and may require such facilities as sidewalks, street lights, landscaping, open space, playgrounds and other recreational facilities. Streets, including rights-of-way width and utilities, shall conform to the standards as specified in Chapter 19.80 LMC. Dedication of the streets to the city shall be the option of the developer prior to the final plat. Any streets not dedicated to the city shall be conveyed, free and clear of encumbrances, to the homeowners’ association prior to approval of the final plat.

(10) Required open space, playgrounds and recreational areas, including land dedicated as public parks, shall be permanently designated in the restrictive covenants of the proposed subdivision, and shown on the final plat of the planned unit development.

(11) The manner in which open space, playground and recreational areas not dedicated to the city are to be maintained shall be the responsibility of the homeowners’ association and be presented with the plans for the development project.

(12) Areas proposed for public park land and dedicated to the city shall be approved by the parks and recreation department and the city council. All public parks shall be accessible for use by all residents of the city.

(13) Commercial land uses shall be primarily to serve the residential uses within the planned unit development and shall be compatible with the residential land uses within the planned unit development and the land uses within the surrounding area to the extent that no occupancy shall be permitted which produces unusually loud noise, or which would generate heavy traffic congestion. Commercial use within a planned unit development shall be limited to the commercial uses permitted within the commercial district, C-1, and by other sections of this title.

(14) A statement of the intended method of operation or disposal of property within the planned unit development shall be submitted to the planning commission prior to the approval and recommendation to the council of plans for the development.

(15) Signs shall be posted and maintained at all entrances to the planned unit development stating the name of the planned unit development and the fact that it provides for land uses which include all of the uses that are approved in the final plat. Such signs shall be permanent, shall be located within five feet of the right-of-way, and they shall be of a size that is not less than 36 inches in width by 24 inches in height. (Ord. 2774 § 1, 2000; Ord. 2662 §§ 8 – 14, 1997; Ord. 2211 §§ 5, 6, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.080 Authorization of construction permits.

No building permits may be issued and no construction of any buildings or structures within a planned unit development may occur until the formation of the homeowners’ association, the conveyance of all open space, playground and recreational areas (excluding public parks), and any desired streets, to such homeowners’ association free and clear of liens and encumbrances, and the approval of final plans by the council establishing the planned unit development and authorizing the city administrative departments to issue required construction permits in accordance with the approved plans. The council may require performance bonds to be posted to assure completion according to city specifications of any specifically defined construction portions of the planned unit development. (Ord. 2662 § 14, 1997; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.090 Termination of approved plans.

(1) Recognizing that conditions may change during extended periods of time to such an extent that approved plans for a planned unit development may not be in the public interest, failure to actively pursue an authorized planned unit development shall subject approved plans for such planned unit development to review by the council. If no construction permits have been issued within three years of approval of plans for a planned unit development, the council may terminate the project and cancel all approvals. If construction permits have been issued for any portion of a planned unit development and no construction work has been commenced within three years of approval of plans for a planned unit development, the council may terminate the project and cancel all plan approvals for the planned unit development. Upon such termination and cancellation of plan approvals, the city administrative department shall cancel all construction permits issued pertaining to the terminated planned unit development.

(2) Before terminating a planned unit development and canceling approved plans, the council shall notify the owner or developer of the planned unit development in writing of its intent to do so and set a date, time and place for the owner or developer to appear, if they wish to do so, and be heard by the council as to why the planned unit development should not be terminated and plan approvals canceled. (Ord. 2211 § 7, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).

19.66.100 Approved plans not transferable.

Approved plans for undeveloped portions of a planned unit development shall not be transferred to parties other than those who made the application for approval unless the transfer is approved by the council. (Ord. 2211 § 8, 1985; Ord. 1692 § 1, 1974; Ord. 1334, 1967).