Chapter 17.68
PLANNED UNIT DEVELOPMENTS (PUD)
Sections:
17.68.040 Public services availability.
17.68.050 Submission contents.
17.68.060 Review and approval process.
17.68.070 Community conference.
17.68.080 Criteria for approval.
17.68.100 Modifications and amendments.
17.68.120 Residential PUD standards.
17.68.130 Residential PUD density bonuses.
17.68.140 Commercial/Industrial PUD standards.
17.68.150 Mixed use PUD standards.
17.68.160 PUD landscape, buffering and setbacks.
17.68.170 Owner’s association.
17.68.180 Restrictive covenants.
17.68.190 PUD street design standards.
17.68.210 Time limits and extensions.
17.68.010 Purpose.
A planned unit development (PUD), as the term is used in this division, is a binding development plan created under a permit review process that allows flexible application of zoning and has the following purposes:
A. To permit greater flexibility and consequently more creative and imaginative design for the development of residential and business uses than is generally possible under conventional zoning regulations including alteration of bulk and scale requirements as may be included in the underlying zoning district;
B. To promote more economical and efficient use of the land while providing a variety of housing choices, a higher level of city attractiveness and quality, and preservation of scenic open space;
C. To correlate the intentions of this division and other ordinances of the city to encourage developments which will provide a desirable and stable environment in harmony with that of the surrounding area;
D. Promote infill development within established neighborhoods, and promote a more dense housing pattern that supports transit and smaller-scale neighborhood retail and service uses that work to encourage non-vehicular trips;
E. Promote the development of housing and mixed housing/commercial developments that generally emulate a traditional village setting typical of portions of central Blaine, or provide a truly unique development style that is not otherwise commonly available through other development entitlements;
F. Provide incentive for cluster development to increase open space and avoid development within environmentally sensitive areas;
G. Provide flexibility in development standards within commercial centers and industrial parks;
H. To increase the public benefit to the community and provide benefits to the developer that cannot be achieved through the standard subdivision or site development process. (Ord. 2737 § 2 (Att. A), 2009)
17.68.020 Applicability.
A PUD application may be submitted for any property or contiguous group of properties located in the city that meets the minimum size requirements.
A. The permissible size of PUD projects is as defined in Table 17.68.A:
|
Type of PUD |
Area (acres) |
|---|---|
|
Residential |
3 or more |
|
Commercial |
5 or more |
|
Mixed Use |
5 or more |
B. Minimum size for any type of PUD may be waived on written recommendation of the director where PUD flexibility will enhance the preservation of wetlands or other critical areas; or will make possible a development style that is compatible with the existing development in the project vicinity and, in the opinion of the director, the project will result in a development that exceeds existing standards and is more consistent with the goals and direction in the city’s comprehensive plan.
C. Permissible initiators of a PUD are:
1. The owner of all the property involved, if under one ownership; or
2. All owners having title to the property in the area proposed for the PUD project.
D. PUDs are permitted in the locations defined by Table 17.68.B, subject to the size limits included in Table 17.68.A.
|
Zoning District |
PUD Type |
||
|---|---|---|---|
|
Residential |
Comm./ Indus. |
Mixed Use |
|
|
RPR |
x |
|
|
|
RH |
x |
|
|
|
RM |
x |
|
|
|
RL |
x |
|
|
|
RO |
x |
|
|
|
PR |
x |
|
|
|
SF-1 |
x |
|
|
|
SF-2 |
x |
|
|
|
PC |
|
x |
x |
|
HCx |
|
x |
x |
|
GW |
|
x |
x |
|
Mx |
|
x |
|
|
MPR |
|
|
x |
(Ord. 2737 § 2 (Att. A), 2009)
17.68.030 Permitted uses.
A. Permitted uses vary depending upon the type of PUD and the zoning district. No use shall be permitted except in conformity with final development plan pursuant to the procedural and regulatory provisions of this chapter.
B. Uses in residential PUDs in residential districts shall be limited as defined in Table 17.68.C. Residential uses in PUDs in PC, HCx, GW and MPR districts shall be as permitted by the review authority.
|
|
SFD |
Accessory Dwelling Unit |
Attached SFD |
Duplex |
Townhouse |
Multifamily Dwelling |
Manufactured Home Park |
|---|---|---|---|---|---|---|---|
|
SF-1 |
x |
x |
|
|
|
|
|
|
SF-2 |
x |
x |
x |
|
|
|
|
|
RL |
x |
x |
|
|
|
|
|
|
RM |
x |
x |
x |
x |
x |
|
|
|
RH |
|
|
|
x |
x |
x |
|
|
PR |
x |
x |
x |
x |
x |
x |
x |
|
RPR |
x |
x |
x |
x |
x |
x |
|
|
RO |
x |
|
|
|
x |
x |
|
(Ord. 3005 § 1 (Exh. A), 2023; Ord. 2737 § 2 (Att. A), 2009)
17.68.040 Public services availability.
A. The purpose of this section is to assure that PUD approvals are not granted unless such facilities as water lines, sewer lines and streets exist or are immediately planned in sufficient quantity to service the proposed new development.
B. PUD projects shall be located with respect to arterials and collector streets or other transportation facilities so as to provide direct access without creating substantial traffic along local access streets in residential neighborhoods outside the PUD.
C. PUD projects shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public cost will be required. Such PUD projects shall be so located with respect to schools, parks, playgrounds and other public facilities and services as to have access in the same degree as would development in a form generally permitted in the area; provided, that a PUD may be approved if, alternatively:
1. The developers will provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis, and assure their satisfactory continuing operation and maintenance permanently or until equivalent public utilities, facilities or services are available; or
2. The developers will make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; and
3. The city is able to make such determinations through experts acceptable to it and at the cost of the developers, considering the difference in anticipated public installation, operation and maintenance costs, and the difference in anticipated public revenue. (Ord. 2737 § 2 (Att. A), 2009)
17.68.050 Submission contents.
A. PUD requests shall be made on forms provided by the community development services department. Submittal requirements for a PUD that includes the division of property and creation of building lots shall meet the minimum requirements of a preliminary plat submittal as defined in this code. Submittal requirements for a PUD that does not include the division of real property or the creation of lots shall meet the minimum requirements of a site plan review submittal as defined in Chapter 17.07 BMC.
B. In addition to the minimum submittal requirements noted above, a PUD application shall include the following:
1. A draft master plan including the following:
a. A conceptual streetscape plan;
b. A preliminary landscape plan;
c. A preliminary open space amenities and trail plan;
d. Conceptual architectural renderings demonstrating the style of all residential and non-residential uses, with greater detail for multiple-family residential, mixed-use and commercial structures and lesser detail for detached single-family dwellings and cottages;
2. Preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD and describe design allowances, limits, and requirements;
3. A commercial PUD or a residential PUD with commercial components shall include an economic study analyzing the trade area from which the commercial uses will draw the customer base necessary to support the commercial components, and the current and future feasibility of the commercial components of the PUD;
4. Additional reports as determined by the review authority necessary to understand the physical impacts of the PUD;
5. A written report of the community conference held prior to submittal of the applications. (Ord. 2737 § 2 (Att. A), 2009)
17.68.060 Review and approval process.
A. Prospective applicants for PUD projects shall schedule a preapplication conference on the conceptual plans with the community development services department prior to submittal of any applications. The community development services department shall circulate the materials to pertinent city departments and public agencies for preliminary review.
B. After preliminary review by pertinent city departments and public agencies, but prior to submittal of applications, the applicant shall arrange for a community conference as described in BMC 17.68.070.
C. Once the applications have been submitted the project shall be processed as a Type II-CC decision.
D. Following a PUD approval by the city council, the applicant shall make any required revisions and submit the revised PUD site plan and revised preliminary plat or other land division tool to the city for staff review, approval, and stamping.
E. Following a PUD approval by the city council, the applicant shall prepare a final PUD master plan for review and approval by the planning commission. (Ord. 2970 § 1 (Exh. A), 2021; Ord. 2737 § 2 (Att. A), 2009)
17.68.070 Community conference.
A. Purpose. The community conference is an informal public meeting hosted by the applicant. The purpose of the meeting is to provide early and informal notification to the public, to generate discussion, and make the proponent aware of community concerns relative to the proposed project. It is intended to provide a means by which the applicant, staff, and the public are able to work together in a productive and creative manner. However, options and issues raised may not be all-inclusive and no decisions or guarantees on the project design or outcome are made. Revision of the proposal based on input from the community conference is solely at the discretion of the applicant.
B. Expectations. The applicant can expect the following results from the community conference:
1. The more information an applicant can provide for a community conference, the more complete the staff’s feedback and input will be for the proposal;
2. Any information or opinions expressed by staff shall not be binding on the final decision or constitute approval or denial of the proposed project;
3. Inconsistency with the comprehensive plan, this code and other applicable policies and regulations will be discussed;
4. City staff, the public, and the applicant should discuss creative approaches to address challenging site constraints or potential mitigations;
5. Recommended revisions or modifications to the proposal will be discussed; and
6. The public will be invited to speak to issues related to the proposal, but their input shall not be considered public testimony in regard to the application when and if submitted.
C. Process. The community conference shall be held in a place that is readily available to the public and large enough to accommodate the anticipated number of people who may be present at the meeting, such as the Blaine Community Center, City Hall Council Chambers, or another public or private meeting facility. Notice shall be provided as for a public hearing as set forth in BMC 17.06.110 and by mail to all owners of property within 300 feet of the PUD site. All mailing and publishing requirements are the responsibility of the project proponent, and shall be documented by affidavit to the city. City staff shall post the site, post notice at the community development services office, and on the city website.
The applicant shall:
1. Explain the project concept to the audience and solicit input as to the issues which concern them; and
2. Prepare a written report documenting the community meeting, summarizing the issues raised, and describing how the proposed project, as submitted, addresses the issues raised in the project design and/or explains why it does not; and
3. Submit said written report to the city for inclusion with the application materials. (Ord. 2737 § 2 (Att. A), 2009)
17.68.080 Criteria for approval.
The city may approve a PUD application only if it finds that the following requirements have been met:
A. Design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and solely on this basis modifications to the use and design standards established by such regulations are warranted.
B. Meets PUD Requirements. The PUD meets the requirements for a PUD set forth in this chapter.
C. Consistent with Comprehensive Plan. The PUD is generally consistent with the objectives of the city comprehensive plan as viewed in light of any changed conditions since its adoption.
D. Public Welfare. The PUD will not be detrimental to the public health, safety, morals, or general welfare.
E. Compatible with Environs. Neither the PUD nor any portion thereof will be injurious to the use and enjoyment of other properties in its vicinity, substantially impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.
F. Natural Features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as stands of mature trees, steep slopes, natural drainage ways, wetlands, or other areas of sensitive or valuable environmental character.
G. Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking, and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity, and design to ensure safe and efficient circulation of pedestrians, automobiles, trucks, bicycles, fire trucks, garbage trucks, and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian-vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.
H. Open Space and Landscaping. The quality and quantity of public and common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape, and location of a substantial portion of total public and common open space provided in residential areas render it usable for recreation purposes.
1. Open space between all buildings is adequate to allow for light and air, for access by fire-fighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.
I. Covenants. Where individual parcels or condominiums are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations and bylaws or CC&Rs all in a form approved by the city, for the preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the city or another public body, including such control of the use and exterior design of individual structures, if any, as is necessary for continuing conformance to the PUD plan. Such a provision must be binding on all future ownership.
J. Public Services. The land uses, intensities, and phasing of the PUD are consistent with the anticipated ability of the city, the school districts, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue burden on existing residents and businesses.
K. Phasing. Each development phase of the PUD shall, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed. The provision and improvement of public or common area improvements, open spaces, and amenities, or the provision of financial sureties guaranteeing their improvement, is phased generally proportionate to the phasing of the number of dwelling units or amount of non-residential floor area. (Ord. 2737 § 2 (Att. A), 2009)
17.68.090 Master plan.
A. A master plan shall be developed by the applicant that incorporates the submission requirements in BMC 17.68.050 along with additional detail as necessary to clearly convey the intent of the developer and the approval of the city. The master plan shall incorporate the conditions of project approval and the contents of the CC&Rs in a manner that the master plan becomes the guiding document for development of the overall site, individual phases, building sites and structures, and public and private open space.
B. The master plan shall be submitted for review and approval by the community development director subsequent to PUD approval by the city council. Such submittal shall occur within 180 calendar days of the issuance of the final decision. A single 90-day extension may be granted by the community development director upon written request of the applicant. No development, except clearing and grading, shall be authorized in the PUD until the master plan is approved by the community development director.
C. Failure to complete the master plan in the allotted time shall constitute abandonment of the PUD by the applicant and the approval shall be nullified. (Ord. 2970 § 1 (Exh. A), 2021; Ord. 2737 § 2 (Att. A), 2009)
17.68.100 Modifications and amendments.
An approved PUD site plan may be modified or amended upon written request of the property owner(s).
A. Modifications are minor changes to an approved PUD, subject to approval or denial as an administrative decision by the director, which do not:
1. Change the residential density more than five percent by increasing or decreasing the number of units in a PUD.
2. Change the mix of uses or significantly alter the arrangement of buildings for a commercial or industrial PUD, or increase or decrease the commercial or industrial floor area by more than 10 percent.
3. Significantly alter the amount or arrangement of open space or recreational amenities, or the treatment of environmentally sensitive areas that may exist on the site.
4. Significantly alter the approved architectural concept of the PUD master plan or PUD site plan.
5. Significantly alter the basic layout of the approved project infrastructure.
6. Require revision to the approved PUD master plan as determined by the director.
B. Amendments are major changes to an approved PUD that do not qualify as modifications.
C. Proposed PUD amendments shall be processed in the same manner as a PUD application, including noticed community conference and public hearing, hearing examiner review and recommendation, and review and decision by the city council. (Ord. 2970 § 1 (Exh. A), 2021; Ord. 2737 § 2 (Att. A), 2009)
17.68.120 Residential PUD standards.
A. Uses Permitted.
1. Any residential use or mixture of residential uses as permitted under BMC 17.68.030.
2. In the RPR (Residential Planned Recreation) and PR (Planned Residential) districts, neighborhood retail commercial uses intended to primarily serve the residents of the PUD, including grocery stores, drugstores, bakeries, restaurants, pubs, professional offices and services including barbershops, beauty shops, and day care services and uses similar in nature and effect. Such uses shall be limited to a maximum of 10 percent of the site area and in no case shall exceed five acres in size, except as permitted by an approved master plan or subarea plan.
3. Churches, clubhouses, schools and other similar public gathering places.
B. Permitted Density. Density shall be allowed as determined by Table 17.68.E plus density bonuses as may apply.
C. Lot Sizes. Lot sizes within the residential PUD may be reduced in area; however, no lot may be smaller than 4,000 square feet. This restriction shall not apply to designated zero setback lots.
D. Open Space. All residential PUDs shall contain usable open space equal to at least 15 percent of the total site area exclusive of critical areas and buffers. Where critical areas or buffers are included in a residential PUD, open space may be reduced one square foot for every four square feet of protected critical area and/or buffer. Recreational amenities shall be provided in an amount appropriate to the size and characteristics of the anticipated residential population of the PUD.
E. Recreational Amenities. PUDs shall include a minimum of one minor amenity for the first one to 20 dwelling units, and one additional minor amenity for each additional 20 units. PUDs shall include one major amenity when unit count reaches 40 dwelling units, and shall provide one additional major amenity for each 40 additional units. The amenities shall be cumulative, such that for 30 dwelling units one minor and no major amenities shall be required, and for 65 dwelling units three minor amenities and one major amenity shall be required. The approving authority may authorize alternative amenities as determined appropriate given the character of the PUD at the request of the applicant.
|
Minor Amenity |
Major Amenity |
|---|---|
|
Open turf playfield (20,000 sq. ft. min.) |
Tot lot or play structure |
|
Community garden |
Covered picnic area |
|
Interpretive trail signage |
Community building |
|
Outdoor art |
Public plaza or courtyard |
|
Street furniture |
Fenced tennis court |
|
Fountain/water feature |
Soccer, baseball, football or softball field |
|
Sand volleyball court |
Large water feature |
|
Half basketball court |
Trails in natural areas |
|
Picnic area |
|
F. Lot Configuration. Lots within a residential PUD may vary from the depth, width and size requirements established in the code for the underlying zoning district, as determined to be suitable for the proposed PUD subject to the standards of this chapter. (Ord. 3005 § 1 (Exh. A), 2023; Ord. 2879 § 1 (Exh. A § 8), 2016; Ord. 2737 § 2 (Att. A), 2009)
17.68.125 Base density.
Base density is the starting point for determining density bonuses in a PUD. Base density is determined by Table 17.68.E.
|
Units per acre |
RL |
SF-1 |
SF-2 |
RM |
RH |
RO |
PR |
RPR |
|
6 |
7 |
9 |
12 |
24 |
24 |
4 |
3 |
(Ord. 2900 § 1 (Exh. A), 2017; Ord. 2737 § 2 (Att. A), 2009)
17.68.130 Residential PUD density bonuses.
Density bonuses shall be provided for use of superior design. A total of 20 percent increase above the base density may be granted. Density bonuses shall be rounded down to the nearest whole number.
A. A 10 percent increase in density shall be allowed for use of superior neighborhood design based upon the goals and purposes of this chapter. “Superior neighborhood design” shall include a minimum of five of the elements listed below:
1. Identifiable neighborhood center such as a town square, village green, uniquely designed crossroads or intersection;
2. Strong pedestrian interconnection, meaning that pedestrian paths, sidewalks and other travel ways provide demonstrably more connectivity for pedestrian and non-motorized travel than the road network provides for motorized travel;
3. Alley access to more than 75 percent of homes and garage access required to be provided from the alley;
4. Any front-loaded homes required to have garages set back a minimum of 10 feet from the front facade of the residence;
5. Prominent front entries utilizing covered front porches combined with front yard setbacks not exceeding 15 feet for more than 75 percent of the homes;
6. A strongly evident grid street network with minimal use of curvilinear streets and cul-de-sacs;
7. Dedicated public or quasi-public recreation areas including play structures or other public amenities located within 1,000 feet of 90 percent of dwelling units;
8. A mix of housing types including three or more of the following: single-family dwellings, detached; single-family dwellings, attached; townhouses; accessory dwelling units; carriage houses; and cottage clusters;
9. A small neighborhood-scale retail and service area designed to provide convenience needs with a clearly pedestrian, nonvehicular design, with no specific retail or service requirements but permitted to include elements such as a coffee shop, neighborhood market, neighborhood pub, cafe, and service shops;
10. Any other neo-traditional design element determined by the review authority to enhance the quality and character of the PUD;
11. Application of LID (low-impact development) or other environmentally protective techniques for infrastructure development which exceed state and local standards.
B. A 10 percent increase in density shall be allowed for use of superior building design based upon the goals and purposes of this chapter. “Superior building design” shall include a minimum of three of the elements listed below or designed to achieve LEED® silver or higher standards or other innovative and sustainable development techniques for buildings as defined and regulated through enforceable CC&Rs:
1. Use of a consistent and recognizable architectural style typical of a maritime northwest community as defined in the master plan and regulated through enforceable CC&Rs;
2. Utilizing solar or wind power, geothermal systems, rainwater capture and reuse, or other substantial sustainable building system features;
3. Minimum of 80 percent of household fixtures being water-efficient fixtures;
4. Drought-tolerant landscaping and/or significant retention of native vegetation on individual building lots;
5. Passive solar construction or other construction technique to reduce energy use.
C. A 10 percent increase in density shall be allowed for clustering of structures that increases the open space in a residential PUD above what is required by BMC 17.68.120. Critical areas and buffers shall be included in the overall open space considered for this density bonus at the rate per BMC 17.68.120(D).
1. A 50 percent to 74 percent increase in open space shall provide a five percent increase in residential density.
2. A 75 percent or greater increase in open space shall provide a 10 percent increase in residential density. (Ord. 2737 § 2 (Att. A), 2009)
17.68.140 Commercial/Industrial PUD standards.
A. Uses Permitted. Any use permitted or conditionally permitted in the underlying zoning district. Uses not specifically permitted in the underlying zoning district or a combination of uses not permitted in the underlying zoning district may be allowed upon approval of a PUD application; provided, that the city council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone. (Ord. 2737 § 2 (Att. A), 2009)
17.68.150 Mixed use PUD standards.
A. Uses Permitted. Any use as permitted in the underlying zoning district. Fully integrated residential units, such as live-work units and multi-family residential above commercial, are permitted. Uses not specifically permitted in the underlying zoning district or a combination of uses not permitted in the underlying zoning district may be allowed upon approval of a PUD application; provided, that the city council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone and PUD.
B. Residential density is not specifically limited in a mixed-use PUD. Density is a function of design. Commercially zoned property shall not be converted to a primarily residential use through a PUD. (Ord. 2737 § 2 (Att. A), 2009)
17.68.160 PUD landscape, buffering and setbacks.
A. The dimensions of minimum setbacks from PUD boundaries, setbacks from rights-of-way and private streets, separation of buildings, and PUD buffer areas reserved for landscaping are defined in Table 17.68.F:
|
|
Setback from PUD boundary excluding ROW |
Setback from ROW |
Landscape Buffers |
Internal building separation |
|---|---|---|---|---|
|
Residential |
30 feet |
10 feet |
20 feet |
10 feet |
|
Other PUD |
30 feet when adjacent to non-commercial district |
As per approved plan |
10 feet when adjacent to non-commercial zone |
As per approved plan |
B. Landscape plantings and other screening features such as berms and/or fencing shall be established within the required PUD buffer to provide a minimum of five-foot perimeter landscaping areas as defined in BMC 17.126.070 separating the development site from adjoining properties.
C. Landscaping shall also be consistent with the requirements of Chapter 17.126 BMC, Landscaping, where applicable.
D. After approval of a PUD a detailed landscaping plan shall be submitted, identifying the type, size, spacing and maintenance schedule for all landscaping proposed within the required buffer area and the overall site.
E. No building, parking, outdoor storage or access drive shall extend into a required buffer area. Maintenance responsibilities for the PUD buffer shall be clearly identified in the CC&Rs.
F. All PUD buffer restrictions shall be clearly noted on the final plat or other legal document to advise potential lot purchasers/residents of said buffer restrictions. Buffers shall not be included in single-family residential lots, and shall be separate tracts when not included on common area. (Ord. 2805 § 2 (Exh. A), 2011; Ord. 2737 § 2 (Att. A), 2009)
17.68.170 Owner’s association.
All PUD applications must include preliminary bylaws for an owner’s association and, upon final approval of a PUD, the applicant shall convey by deed all private streets, sidewalks, walkways, curbs, gutters, stormwater drainage facilities, utilities, and all other common areas and open space areas to an owner’s association. The owner’s association shall be empowered to collect dues and assessments and to enforce covenants, conditions, and restrictions and any rules and regulations deemed necessary for the governing of development and use of each lot and common areas within the PUD. The owner’s association may not be dissolved nor may it convey any property within the PUD without the express written approval of the Blaine city council. (Ord. 2737 § 2 (Att. A), 2009)
17.68.180 Restrictive covenants.
All PUD applications must include preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD. The CC&Rs shall include the following:
A. Architectural control standards, which shall be reviewed and approved by the community development director after consultation with a licensed architect. The architectural control standards shall be designed to reflect a unified architectural concept in terms of style, form, bulk, colors, and materials. A coordinating architect, architectural review board, or other such entity shall be established by the owner’s association to review all plans submitted by lot owners within the PUD to ensure compliance with the architectural control standards. All lot owners shall be required to submit building and design plans to the established reviewing entity prior to construction of any building on any lot within the PUD.
B. A landscape and lighting plan, identifying the type, size, spacing, and maintenance schedule for all landscaping (including lighting elements) proposed within the required buffer areas, open space areas, and other common areas, shall be developed. Maintenance of all landscaping, buffer areas and open space areas shall be the responsibility of the owner’s association and all individual lot owners. All future purchasers of lots within the PUD shall be required to sign an acknowledgment indicating knowledge and compliance with these maintenance responsibilities. The city may require that a maintenance bond be posted in an amount representing 125 percent of the estimated costs of maintaining any of these areas for a period of five years from the date of final PUD approval. If the owner’s association and/or the individual lot owners fail to adequately maintain the landscaping, buffer areas, and open space areas, then the city shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The city shall have the right to recover all costs, including attorney’s fees, incurred in any enforcement action. Nothing herein, however, shall require the city to take any action on behalf of the owner’s association or lot owner or other citizen to enforce the CC&Rs.
C. Private Street Maintenance Plan. In the event that private streets are approved within a PUD, the CC&Rs shall describe responsibilities for the maintenance of the private streets. Whenever a private street is approved within a PUD, all street-related improvements shall be maintained by the owner’s association. “Street-related improvements” include, but are not limited to, automobile travel lanes, parking areas, bicycle lanes, turn-around areas, sidewalks or other pedestrian walkways, curbs, gutters, catch basins, or any other storm drainage facilities, street lights, street signs or pavement markings, medians, planting areas, or similar improvements. If the owner’s association and/or the individual lot owners fail to adequately maintain the private streets and related improvements, the city shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The city shall have the right to recover all costs, including attorney’s fees, incurred in any enforcement action. Nothing herein, however, shall require the city to take an action on behalf of the owner’s association or lot owner or other citizen to enforce the CC&Rs. (Ord. 2737 § 2 (Att. A), 2009)
17.68.190 PUD street design standards.
All streets to be constructed within the interior of a PUD site or existing streets fronting on a PUD site shall be improved in accordance with city standards as identified in the city development standards manual and shall be dedicated to the city of Blaine. In some instances, streets within a PUD may be private; provided, that the applicant can demonstrate the following:
A. Minimum safety standards for emergency vehicle access are provided within the PUD.
B. Adequate travel way width for the anticipated levels of traffic, including appropriate provisions for off-street and on-street parking, backing, vehicle stacking, pedestrian movements, bicycle movements, truck turning movements and improvements necessary to accommodate public transit, are provided.
C. Street layout within the PUD is consistent with the surrounding street system and shall not preclude remote parcels of property from gaining access to the city street system.
D. Approval of a private street would not negatively impact the traffic circulation in the surrounding neighborhood or area.
E. The comprehensive plan does not identify any through streets extending across the PUD site.
F. The applicant demonstrates the ability to maintain a private street system within the PUD.
G. The final plat documents shall reference any restrictive covenants regarding private streets and shall include an acknowledgment statement indicating city policy to refuse consideration of private streets for dedication unless and until said private streets are improved to meet current minimum city standards. (Ord. 2737 § 2 (Att. A), 2009)
17.68.200 Project phasing.
A. If a proposed PUD is to be constructed in phases, the applicant shall submit a phasing plan with the application materials. The phasing plan may include a time schedule for completion that extends beyond five years, the normal amount of time allotted to complete a PUD. The time schedule may be approved as an element of the phasing plan in which case the time schedule will become the official time schedule for the PUD for the purpose of establishing the expiration date.
B. If a project is to be phased, it shall be designed such that each phase can stand alone so that if subsequent phases are not constructed, the completed portion of the project constitutes a coherent development logically interconnected with surrounding areas.
C. Certain project elements, such as open space and recreational amenities, must be provided for each phase of development in rough proportion to the size of the particular phase within the whole project. In certain circumstances, this may also require that infrastructure improvements shown within a later phase of the project may be required to be constructed with an earlier phase, or appropriate securities provided to ensure that construction occurs even if the later phase never takes place. (Ord. 2737 § 2 (Att. A), 2009)
17.68.210 Time limits and extensions.
A. The PUD approval shall be valid for five years from the day it is approved by the city council or the term of validity of the associated plat or general binding site plan approval, whichever is greater, unless an extended time limit is established in an approved phasing plan at the time of initial PUD approval. Construction on any phases of a PUD must have commenced prior to the expiration of the PUD approval. Once construction of a PUD has been initiated, the PUD master plan, and any approved PUD site plan, become binding on the property included in the PUD in perpetuity, unless a PUD amendment is processed and approved by the city.
B. A PUD approval may be extended by resolution of the city council for a maximum of one year; provided, that:
1. A written request for extension has been received at least 30 days prior to the date of expiration. The applicant is responsible for the timely and proper submittal of a request for extension. Extension requests received later than 30 days before the expiration of the PUD will not be accepted; and
2. The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the five-year time limit.
C. The city council may authorize two one-year time extensions subject to the requirements of subsection (B) of this section. Each extension must be considered individually.
D. No provision herein shall be interpreted to allow expiration of a PUD or phase of a PUD when a portion of the PUD or an earlier phase of the PUD has been constructed. The purpose of this section is to ensure that a PUD cannot be partially constructed and abandoned to utilize the underlying zoning regulations without the express review and approval of the city through a PUD amendment. (Ord. 2879 § 1 (Exh. A § 1), 2016; Ord. 2737 § 2 (Att. A), 2009)
17.68.220 Enforcement.
The approved PUD site plan and master plan are binding and shall be a restriction on development which runs with the land. Any unauthorized deviation therefrom shall be punishable and enforceable as a violation of this title. (Ord. 2737 § 2 (Att. A), 2009)