Chapter 17.68 PLANNED UNIT DEVELOPMENT DISTRICT

The conditions and requirements set forth in this chapter are general and designed to apply to individual lots and minimum area of parcels. A planned unit development (PUD), as the term is used in this chapter, is an overlay district requiring a rezone and has the following purposes.

A. To permit greater flexibility and consistently more creative and imaginative uses than is generally possible under conventional zoning regulations;

B. To promote more economical and efficient use of the land while providing a harmonious 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 chapter 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. (Ord. 91-5 § 2, 1991)

17.68.020 Minimum size.

The minimum size of PUD projects is as follows:

Type of PUD	Minimum Area (Acres)
Residential	2
Commercial	4
Residential/Commercial	8

(Ord. 91-5 § 2, 1991)

17.68.030 Permitted uses.

Any uses permitted outright or as a conditional use in the zone where the PUD is located shall be permitted in a PUD, subject to the criteria established in this chapter; provided, however, that duplexes or multifamily dwellings may be permitted as a PUD in any residential zone. No use shall be permitted except in conformity with a specific and precise final development plan pursuant to the procedural and regulatory provisions of this chapter. (Ord. 91-5 § 2, 1991)

17.68.040 Authority to initiate.

A. PUD projects may be initiated by:

1. The owner of all the property involved, if under one ownership; or

2. Jointly by all owners having title to all the property in the area proposed for a PUD project, if there is more than one owner; or

3. A governmental agency; or

4. A person having interest in the property to be included in the PUD;

B. The PUD applications shall be in the name of the recorded owner or owners of property included in the development. The applications may be initially filed by the holder(s) of an equitable interest in or option on such property, but the applicant must evidence a full ownership interest in land (either legal title or the execution of a binding sales agreement) before final approval of the applicant’s plan or the recorded owner or owners must have given written consent satisfactory to the city to imposition of the terms and conditions of the applicant’s plan on the property. (Ord. 91-5 § 2, 1991)

17.68.050 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 so located with respect to major streets and highways or other transportation facilities that they shall provide direct access to such districts without creating traffic along minor streets in residential neighborhoods outside such districts. Major and minor streets are defined in the city’s arterial street plan.

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 that they shall 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; or

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. 91-5 § 2, 1991)

17.68.060 Preapplication conference.

Before filing any application for a PUD, the prospective applicant shall submit to a designated responsible official preliminary plans and sketches and basic site information for consideration and advice regarding the relation of the proposal to general developmental objectives and city policies in the area. After review by the planning responsible official, the preliminary plans that have been accepted will be reviewed by the city’s technical review committee. The city’s technical review committee shall meet with the applicant and provide information to the applicant regarding the relationship of the proposal to general development objectives and policies of the city. A written record of the city’s technical review committee recommendations and comments shall be given to the applicant, and a copy shall be retained on file for future reference. (Ord. 91-5 § 2, 1991)

17.68.070 Application – Filing.

After an applicant has a preapplication conference with the city’s technical review committee, the applicant may file a formal preliminary application for a PUD. The formal preliminary application for a PUD shall be filed with the city together with the application fee and documents meeting the requirements set out in EWMC 17.68.090 and 17.68.100. An applicant may submit applications for preliminary and final PUD approval simultaneously, provided all information required under EWMC 17.68.070 through 17.68.200 is submitted. (Ord. 91-5 § 2, 1991)

17.68.080 Application – Fee.

The PUD application shall be accompanied by a nonrefundable fee in the amount currently established and as hereafter may be amended by resolution of the city council. No action shall be taken upon the application until this fee has been paid. The purpose of this fee is to reimburse the city for a portion of the time incurred by city staff relating to the proposed PUD. In addition to this fee, the applicant shall reimburse the city for the actual costs of all engineering fees incurred by the city in processing the PUD application. The applicant shall become obligated to pay and shall reimburse the city for these fees as the fees are incurred by the city. In no event shall the applicant receive final approval of the PUD until all such fees have been paid. (Ord. 93-9 § 1, 1993; Ord. 91-5 § 2, 1991)

17.68.090 Application – Written documents.

Written documents required with a PUD application are as follows:

A. Application for a rezone to PUD district;

B. Application for plat or short plat approval if required;

C. Application for a substantial development permit if required by the shoreline master program ordinance;

D. SEPA environmental checklist pursuant to the Environmental Policy Act;

E. Legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning;

F. Statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

G. Development schedule indicating the approximate date when construction of the PUD can be expected to begin and be completed;

H. Statement of the applicant’s intentions with regard to the future selling or leasing of all portions of the PUD, such as land areas, dwelling units, etc.;

I. Quantitative data for the following:

1. Total number and type of dwelling units,

2. Parcel size,

3. Proposed lot coverage of building and structures,

4. Approximate gross and net residential densities,

5. Total amount of open space, including a separate figure for usable open space,

6. Total amount of nonresidential construction, including a separate figure for commercial or institutional facilities,

7. Economic feasibility studies or market analysis or other studies as required by review authority. (Ord. 91-5 § 2, 1991)

17.68.100 Application – Site plan and supporting maps.

A. A site plan and supporting maps necessary to show the major details of the proposed PUD are required with a PUD application, containing the following minimum information:

1. The existing site conditions, including contours at five-foot intervals, watercourses, unique natural features and forest cover;

2. Proposed lot lines and plot designs;

3. The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures including commercial facilities;

4. The location and size in acres or square feet of all area to be conveyed, dedicated or reserved as common open spaces, public parks, recreational area, school sites and similar public and semi-public uses;

5. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private should be included where appropriate. (Detailed engineering drawings of cross-sections and street standards should be handled in the final development stage);

6. The existing and proposed circulation system, including its interrelationships with the vehicular circulation system, indicating proposed solutions to points of conflict;

7. The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas, cable television and telephone lines;

8. A general landscape plan indicating the treatment of materials used for private and common open space. (This landscape plan should be in a general schematic form at this stage);

9. Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape;

10. The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls;

11. A proposed comprehensive plan encouraging the integration of signs into the framework of the building or buildings on the property;

12. Any additional information, as required by the city, necessary to evaluate the character and impact of the proposed PUD;

13. Provisions for a maintenance of common space or common property;

14. Approval of a preliminary PUD submitted in conjunction with a master plan shall state how the PUD conforms to the master plan and that the master plan shall serve as a general development guide by which subsequent PUD applications shall be measured for conformance.

B. The required information must be submitted for all of the land intended to be included in the application. Where projects are developed in stages, formal applications can only be considered for the stage for which the above materials have been presented. Master plans, including the essentials (land uses, densities, site design, adjacent uses, circulation), should be submitted for the remaining lands to be developed in the future stages of the project even though they are not under consideration for approval at that time. (Ord. 91-5 § 2, 1991)

17.68.110 Application – Administrative review.

The responsible official shall determine whether the proposed development meets the minimum requirements for approval and conforms to the intent of this division and of the comprehensive plan. If the responsible official finds that such criteria have not been met, the application shall be returned to the applicant. The determination shall be made within 30 days of receiving the preliminary application. If the responsible official and the TRC determine that the proposed development does not conform to the intent of this title and the comprehensive plan, such written determination shall be referred to the hearing examiner in accordance with the provisions of this chapter. During this review period, the SEPA responsible official shall determine also whether the proposal would or would not have a significant adverse impact upon the environment and decide if an environmental impact statement is or is not required under the State Environmental Policy Act. Upon determination, a form of declaration of significance or nonsignificance will be filed pursuant to the SEPA ordinance. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.120 Application – Public hearing notification.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.130 Approval of application – Procedure.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.140 Denial of application – Effective when.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.150 Denial of application – Appeal.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.160 Appeal of city council decision.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.170 Final development plan – Filing.

A. The applicant shall file with the hearing examiner a final development plan containing in a detailed form the information required in EWMC 17.68.090 and 17.68.100. The hearing examiner, at the time of approval of the preliminary development plan, shall be authorized to allow up to 12 months for filing of the final development plan.

B. If the applicant fails to apply for final approval within such time or extended period for any reason, the tentative approval shall be deemed revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to the zoning and subdivision provisions otherwise applicable thereto. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.180 Final development plan – Administrative review.

The applicant(s) shall submit the final development plan to the responsible official for review. If the applicant meets the minimum requirements as set forth in this chapter and is in substantial compliance with the approved preliminary development plan, it shall be deemed submitted to the hearing examiner. The final development plan shall be deemed sufficiently consistent with the preliminary development plan, provided modification by the applicant does not involve a change in one or more of the following:

A. Violate any provision of this chapter;

B. Vary the lot area requirements by more than 10 percent;

C. Involve a reduction of more than 10 percent of the area reserved for the common open space and/or usable space;

D. Increase the floor area proposed for nonresidential use by more than 10 percent;

E. Increase the total ground area covered by buildings by more than five percent;

F. Increase density or number of dwelling units by more than 10 percent. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.190 Final development plan – Lapse of zoning.

If the final development plan is not filed within the time periods provided under EWMC 17.68.170 (A), the rezone to PUD district formerly granted is void and the official zoning map shall be promptly amended to show the area as previously zoned, without a PUD designation. (Ord. 91-5 § 2, 1991)

17.68.200 Final development plan – Content.

The final development plan must present all of the information that was required in the preliminary development plan in a finalized, detailed form. This includes site plans sufficient for recording and engineering drawings. All schematic plans presented in the preliminary development stage, such as a landscape plan, must be presented in their detailed form. Any items not submitted during the preliminary stage must be reviewed and any final plats and public dedication documents shall also be submitted at this time. (Ord. 91-5 § 2, 1991)

17.68.210 Final development plan – Hearing examiner action.

A. The hearing examiner, upon receiving the final development plan and recommendations from the responsible official, shall examine such plan and determine whether it conforms to the approved preliminary development plan. If there is any significant discrepancy, the hearing examiner may permit the applicant to revise the plan and resubmit it as a final development plan within 90 days.

B. If the hearing examiner finds that the final development plan substantially conforms to the approved preliminary development plan, the hearing examiner shall make written findings and conclusions approving the final development plan. If the hearing examiner does not approve the final development plan, his/her specific reasons for disapproval shall be stated in writing and made part of the public record as well as presented to the applicant. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.220 Final development plan – City council action.

Repealed by Ord. 22-08. (Ord. 91-5 § 2, 1991)

17.68.230 Building permit issuance.

After necessary actions by the hearing examiner, such as recording site plans and plats, building permits may be issued and construction may begin. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.240 Amendments to final development plan.

A. Minor changes of lot lines or the combination of lots if no new lots are created or minor changes in location, siting and height of buildings and structures may be authorized by the responsible official if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:

1. A change in the use or character of the development;

2. An increase in the overall coverage of structures;

3. An increase in the intensity of use;

4. An increase in the problems of traffic circulation and public utilities;

5. A reduction in approved open space;

6. A reduction of off-street parking and loading space;

7. A reduction in required pavement widths.

B. All other changes in use or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open space and changes other than listed in subsection A of this section, must be made by the hearing examiner after report of the responsible official. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or changes in the community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

C. The process for amendments to a PUD is the same as for a preliminary application (EWMC 17.68.070 through 17.68.110). A revised final development plan may be required as part of the amendment process. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.250 Construction start and completion limits.

If no construction has begun in the PUD within 24 months from the approval of the PUD and recording of the documents, the approval shall lapse and be of no further effect except that the hearing examiner, based on the recommendations of the responsible official under EWMC 17.68.260, upon showing of good cause by the applicant, may extend for two periods of 12 months each the time for beginning construction. Upon the expiration of such an extension(s), the final development plan shall become null and void, and a new one shall be required for any development on the subject property. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.260 Review during construction.

After general construction commences, the responsible official shall review, at least once every six months, all building permits issued and compare them to the overall development phasing program. If he/she determines that the rate of construction of residential units or nonresidential structures substantially differs from the phasing program, he/she shall so notify the developer and the hearing examiner in writing; thereafter, the city shall issue such orders to the developer as necessary and, upon continued violation of this section, may suspend the developer from further construction until compliance is achieved. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.270 Plan to run with land – Violations.

The approved final development plan is 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 chapter. (Ord. 91-5 § 2, 1991)

17.68.280 Design criteria.

The design elements established within this chapter shall be used as a guide for an applicant to follow in developing a preliminary and final development plan. The responsible official and the hearing examiner shall determine from the applicant and other resources available to it whether a PUD preliminary and final development plan vary from these criteria.

These criteria shall also be used as the basis for hearing examiner judgments permitting an increase in overall development density within a PUD. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.290 Design criteria – Density increases in general.

Density increases, as provided in each respective section of this code, shall be governed by the precepts listed in EWMC 17.68.300, 17.68.310 and 17.68.320, which are to be treated as additive, but in no case shall the bonus be more than the maximum for that category. (Ord. 91-5 § 2, 1991)

17.68.300 Design criteria – Density increases for open space.

Open space reservation shall be considered for density increases according to the following provision:

A. An acre of improved common open space permits a maximum increase of 10 percent. If unimproved, an eight percent increase is allowed;

B. A second acre of improved common open space permits a maximum increase of six percent. If unimproved, four percent is allowed;

C. Additional acres of improved common open space permit a maximum increase of four percent. If unimproved, three percent is allowed;

D. A minimum of one acre is required for open space bonuses;

E. The total open space bonus possible is 20 percent. (Ord. 91-5 § 2, 1991)

17.68.310 Design criteria – Density increases for design factors.

Character, identity, and architectural and siting variation incorporated in a development shall be considered cause for density increases not to exceed 20 percent, provided these factors make a substantial contribution to the objectives of a PUD. The degree of distinctiveness and the desirable variation achieved shall govern the amount of density increases which the planning commission may approve. Such variations may increase, but are not limited to, the following:

A. For design factors:

1. A maximum increase of 10 percent for landscaping: streetscape, open spaces and plazas, use of existing landscape, pedestrian-way treatment and recreational areas,

2. A maximum increase of five percent for siting: visual focal points, use of existing physical features such as topography, view, sun and wind environment, variation in building setbacks, building groups (such as clustering) and energy efficient siting;

B. For improved and unimproved open space, a maximum increase of five percent for design features: street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, varied use of housing types and energy efficient structures;

C. Total possible design and landscape bonuses equal 20 percent. (Ord. 91-5 § 2, 1991)

17.68.320 Design criteria – Density increases – Total distribution within PUD.

The total possible bonus is 40 percent. In PUD’s of 20 acres or larger, density bonuses and total site density are transferable within the PUD area as long as the transfer meets the intent of the PUD ordinance and is approved by the city in the preliminary and final plans. (Ord. 91-5 § 2, 1991)

17.68.330 Building spacing or side yards.

The requirements for building spacing or side yards, as they are often defined, is based on several related factors. Setback requirements within the PUD shall be determined upon review of the factors below:

A. Privacy. The minimum building spacing requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one of the two fencing walls or there are not two windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced;

B. Light and Air. The building spacing provides one method of ensuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air from another direction;

C. Use. Areas between buildings are often used as service yards, for storage of trash, clotheslines or other utilitarian purposes. Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted. Kitchens and garages are suitable uses for room abutting such utility yards;

D. Building Configuration. Where building configuration is irregular so that the needs expressed in preceding subsections of this section are met by the building configuration, reduced spacing is permissible, as determined by average spacing or by measuring spacing where rooms open toward adjacent buildings. (Ord. 91-5 § 2, 1991)

17.68.340 Front yard.

The minimum front yard is intended to provide privacy and usable yard area for residents. In practice, however, front yards are rarely used, so that only the privacy factor is important. Where a developer provides privacy by reducing traffic flow through street layout such as cul-de-sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through the room layout, it is possible to reduce the front yard requirement. (Ord. 91-5 § 2, 1991)

17.68.350 Lot width.

A minimum lot width is intended to prevent the construction of long, narrow buildings with inadequate privacy, light and air. There are situations, as in cul-de-sacs, steep slopes or offset lots, where, because of lot configurations or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted. (Ord. 91-5 § 2, 1991)

17.68.360 Site increase for space noncompliance.

Where designs are such that the considerations of EWMC 17.68.330, 17.68.340 and 17.68.350 are not met, site requirements may be increased if, in the responsible official’s judgment, such increases are necessary. (Ord. 91-5 § 2, 1991)

17.68.370 Common open space.

A. Open space includes:

1. Land area of the site not covered by buildings, parking structures or accessory structures except recreation structures (decks may be counted as specified further in these standards);

2. Land which is accessible and available to all occupants of dwelling units for whose use the space is intended.

B. Open space does not include:

1. Proposed street rights-of-way;

2. Open parking areas and driveways for dwellings;

3. School sites;

4. Commercial areas and the buildings, accessory parking buildings, parking and loading facilities for these commercial areas;

5. Areas covered with water or seasonal swamps. (Ord. 91-5 § 2, 1991)

17.68.380 Streets.

A. Right-of-way width and street roadway width may be reduced and standards of design and construction for roadways, both public and private, within residential PUDs may be modified as is deemed appropriate by the city engineer with the concurrence of the hearing examiner.

B. Right-of-way width and street roadway width may also be reduced, especially where it is found that the plan for the PUD provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.390 Perimeter buffer zone.

A. There must be a minimum 30-foot buffer zone in any PUD of multifamily or nonresidential buildings or structures that are adjacent to a low density residential use district (R-L district).

B. The buffer zone must be kept free of buildings or structures and must be landscaped, screened or protected by natural features so that adverse effects on surrounding areas are minimized. This buffer zone may be used as part of the open space acreage for the PUD if the hearing examiner finds that it is suitable for that purpose within the criteria established in EWMC 17.68.370. (Ord. 22-08 § 5 (Exh. B), 2022; Ord. 91-5 § 2, 1991)

17.68.400 Nonresidential uses in residential PUD.

A. The amount and type of commercial facilities to be allowed in a residential PUD shall be based on market analysis furnished by the applicant. The responsible official shall prepare a written report concerning the market analysis and transmit it to the planning commission for the public hearing.

B. The market analysis shall demonstrate that the amount of land proposed is needed and can realistically be supported in commercial use. For these purposes, such market analysis shall contain the following determinations:

1. Determination of the trade areas of the proposed commercial facilities;

2. Determination of the trade area population, present and prospective;

3. Determination of the effective buying power in such trade area;

4. Determination of net potential customer buying power for stores in the proposed commercial facilities and, on such bases, the recommended store types and store floor areas;

5. Identification of the physical impact of proposed commercial development on other land uses within and without the PUD boundaries and effects on the circulation system.

C. Nonresidential uses of a religious, cultural, recreational and commercial character are allowed to the extent they are designed and intended primarily to serve the residents of the PUD.

D. No commercial use, nor any building devoted primarily to a commercial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve.

E. It shall be the burden of the PUD applicant to demonstrate to the planning commission on scale of required nonresidential uses proposed to serve the project and to provide a time frame for the construction of such uses as they relate to the residential development. (Ord. 91-5 § 2, 1991)

17.68.410 Business and commercial PUD’S.

A. The foregoing PUD procedures may be employed in established business or commercial zones to encourage business or commercial site layout serving the public in a more satisfactory manner than generally would be possible with the conventional zoning regulations. The same general provisions apply to acceptability of a business or commercial PUD proposal as a residential PUD.

B. Increases in density, building height and floor area in relation to parking spaces may be allowed providing the development includes more than required amounts of developed open space or design excellence. Parking variations must be based on demonstrated feasibility of mutual use of shared facilities. (Ord. 91-5 § 2, 1991)