Chapter 17.39
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
17.39.010 PUD district created.
17.39.020 Legal boundary defined.
17.39.040 Certain PUD districts prohibited.
17.39.050 Certain exemptions applicable.
17.39.060 Consistency with Division II of this title, Subdivisions.
17.39.070 Consistency with Division III of this title, Environmental Districts.
17.39.080 Consistency with Division VII of this title, General Provisions.
17.39.090 Application for PUD district.
17.39.100 Criteria for decision.
17.39.130 Development performance.
17.39.010 PUD district created.
A. There shall be, and hereby is, created a special district to be known as the planned unit development district (PUD). Such PUD districts shall be unique to a specific application and approval process identified in this chapter.
B. Any approved PUD district shall be added to Appendix Chapter P, and shall include all conditions of approval. [Ord. 720B § 1, 2002.]
17.39.020 Legal boundary defined.
The legal boundary of any PUD district hereafter created shall be as depicted in Appendix Chapter P, along with any conditions of approval. [Ord. 720B § 1, 2002.]
17.39.030 Intent/purpose.
A. The intent of the PUD district is to encourage new development not limited by the strict application of this title.
B. It is the purpose of this chapter to:
1. Encourage flexibility in design and development that will result in a more efficient and desirable use of land;
2. Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size, or shape;
3. Provide for maximum efficiency in layout of streets, utility networks, and other public improvements; and
4. Produce an integrated design for a balanced development of compatible uses that might otherwise be inharmonious or incongruous. [Ord. 720B § 1, 2002.]
17.39.040 Certain PUD districts prohibited.
A. The creation of any PUD district shall not be permitted within any HIS, or within certain ASD subcategories designated ASD-0, ASD-1, ASD-2, and ASD-3W.
B. No PUD district shall be created which would create any significant adverse environmental impact under the criteria of Chapter 17.15 CMC, State Environmental Policy Act (SEPA). [Ord. 720B § 1, 2002.]
17.39.050 Certain exemptions applicable.
A PUD district development proposal need not consider the requirements or limitations of Division V of this title, Land Use Zones (Zoning), provided:
A. Any use or occupancy occurring in a PUD development shall be a listed permitted, accessory, conditional or temporary use identified in CMC 17.78.020 (zoning use chart) allowed in the regular zone in which the proposal is located; except, limited “prohibited’ uses may be allowed when the planning commission finds that the nature and design of the development proposal precludes negative impacts between normally incompatible uses, and the SEPA process does not identify any significant adverse impacts. Such “prohibited’ uses should be limited to not more than 10 percent of the development proposal and the applicant must demonstrate that negative or nuisance impacts will not be created by the proposal;
B. A PUD district should generally be a minimum of two acres in size;
C. Any request for a variance from any applicable requirements of this title shall require a consideration of other reasonable site design alternatives, and demonstrate wherein such alternatives are inconsistent with CMC 17.39.030, Intent/purpose;
D. No building or structure shall be higher than its distance to the PUD district boundary, and in no case higher than the capability of the city’s fire department response apparatus as determined by the fire chief;
E. The applicant shall demonstrate that the proposed parking configuration is consistent with recognized industry standards for the applicable uses; and
F. The provision of essential public services identified in the proposal shall be approved by the purveyor of such services. [Ord. 750B § 10, 2003; Ord. 720B § 1, 2002.]
17.39.060 Consistency with Division II of this title, Subdivisions.
A. Any aspect of a PUD development proposal which requires consistency with Division II of this title, Subdivisions, shall be submitted for review and approval as required in Division II of this title.
B. No PUD proposal shall be approved until all applicable requirements of Division II of this title have been accomplished. [Ord. 720B § 1, 2002.]
17.39.070 Consistency with Division III of this title, Environmental Districts.
A. Any aspect of a PUD development proposal which requires consistency with Division III of this title, Environmental Districts, shall be submitted for review and approval as required in Division III of this title.
B. No PUD proposal shall be approved until all applicable requirements of Division III of this title have been accomplished. [Ord. 720B § 1, 2002.]
17.39.080 Consistency with Division VII of this title, General Provisions.
Any aspect of a PUD development proposal which requires consistency with any applicable section of Division VII of this title, General Provisions, shall cause the city to incorporate such requirements as a condition of approval. Such requirements shall be made a matter of record during the applicable review process. [Ord. 720B § 1, 2002.]
17.39.090 Application for PUD district.
A. Application for a PUD district shall follow the requirements for a conditional use process identified in CMC 17.09.185, except the planning commission rather than the hearing examiner shall hear and decide the application.
B. Applications for a PUD district shall not be SEPA exempt proposals, and shall comply with all applicable requirements of Chapter 17.15 CMC, State Environmental Policy Act (SEPA). [Ord. 720B § 1, 2002.]
17.39.100 Criteria for decision.
A. In determining an application for a PUD district, the planning commission shall consider each of the elements of CMC 17.09.185 and make its findings thereon.
B. In addition to the elements identified in CMC 17.09.185, the following elements shall be considered by the commission in making such determination:
1. Adequate buffers or mitigation have been provided to protect adjacent property from physical impacts of the proposal. Such impacts may be identified by the adjacent property owner or the city;
2. A minimum of 25 percent of the proposal should be identified as permanent open space, and a maximum of 10 percent of that area identified for active recreation. Storm water management systems may be located within such area;
3. Nonresidential uses proposed shall not constitute prima facie rezoning of the subject area, but may provide for limited access by the public from outside of the PUD development proposal;
4. Any other identified issues or impacts, and the resolution thereof, which the commission determines to be reasonably related to the proposal. [Ord. 720B § 1, 2002.]
17.39.110 Form of decision.
A. The planning commission shall approve as submitted, approve with conditions, approve as modified, or deny any PUD district application by an affirmative vote of a majority of the commission membership.
B. Any approval by the commission creating a PUD district shall become a part of Appendix Chapter P and shall constitute a special district consistent with its approval. [Ord. 720B § 1, 2002.]
17.39.120 Effect of decision.
A. Any decision on a PUD district application made by the planning commission shall constitute authorization and direction to the DRC to issue permits or approvals consistent with the commission’s decision. No decision of the commission shall presume to give authority to violate or alter any provisions of this title except as may be specifically provided for in the decision on the application.
B. Any PUD district application approved by the commission shall be entered on the official zone map of the city and include the date of approval of such district. [Ord. 720B § 1, 2002.]
17.39.130 Development performance.
A. No development permit shall be issued for any approved PUD proposal until all off-site, frontage, utility and/or mitigation projects have been accomplished, except as provided in subsection (B) of this section.
B. An applicant may execute a performance bond or other surety acceptable to the city attorney to guarantee any public, mitigation or utility improvements. Such bond or surety shall be submitted to the city prior to the issuance of any development permits. [Ord. 720B § 1, 2002.]