Chapter 18.69 PLANNED UNIT DEVELOPMENT (PUD)

A. The intent of the planned unit development (PUD) chapter is to provide a method by which the City may permit a variety of development types, designs or arrangements that may not be permissible under traditional zoning techniques yet still provide for the protection of public health, safety and welfare. In such instances, the applicant may propose a development which, if approved, would in effect replace the underlying zoning subject to specific guidelines and restrictions. For residential, commercial and industrial PUDs, this chapter is also intended to implement the goals of the City’s comprehensive plan, specifically to:

1. Provide consistency in design, development, and sense of place within residential, commercial or industrial developments;

2. Allow cluster development in such a fashion as to avoid development within environmentally sensitive areas;

3. Provide open space areas;

4. Preserve property rights;

5. Encourage innovative development and infrastructure techniques;

6. Encourage mixed use developments in designated areas;

7. Provide flexibility in development standards within commercial/industrial parks;

8. Provide a public process for the review of PUD applications;

9. Reflect best management practices for commercial and industrial development;

10. Promote connectivity to adjacent properties with similar zoning; and

11. Encourage the design of low impact stormwater methods that are integrated into the design of buildings, infrastructure and site design so as to minimize impacts to the natural environment and the aesthetics of the built environment.

B. For residential PUDs, this chapter is intended to:

1. Encourage both innovative and time-tested development and design techniques that promote affordable development options with a variety of housing types compatible with surrounding areas, including clustering, zero lot line construction, reduced and/or consolidated parking, reduced road widths, and shared open space;

2. Provide increased flexibility beyond the prescriptive subdivision standards;

3. Provide opportunities for a wide range of housing choices;

4. Encourage new housing projects to be compatible with existing neighborhoods;

5. Require that all housing projects provide appropriate infrastructure and mitigation to ensure that adequate provisions are made for streets, parks, schools and other public facilities;

6. Encourage a variety of densities, consistent with the underlying zoning.

C. For commercial/industrial PUDs, this chapter is intended to:

1. Reflect best management practices for commercial and industrial development.

2. Provide consistency in design, development, and sense of place within commercial or industrial developments. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.020 Applicability.

A. A commercial PUD application may be submitted for any commercial or industrial property located in the City, including the CC, GB, MXD, LI, M, or RR zones.

B. A residential PUD application may be submitted for any property meeting the minimum requirements identified in this chapter with a residential land use designation located in the City, including the urban residential zone.

C. PUDs may be utilized to satisfy all or a portion of the master planning requirements identified in FMC 18.72.130. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.030 Definition of terms.

A. “Buffer area” means an area located on the perimeter of a planned unit development site that is reserved for screening and/or landscaping purposes to separate the planned unit development from adjoining land uses. See FMC 18.69.090 for residential buffer requirements and FMC 18.69.170 for commercial buffer requirements.

B. “Cluster development” means a development technique of placing lots closer together by reducing lot width and lot size requirements for the purpose of preserving environmentally sensitive areas or open space and/or reducing infrastructure costs. For the purposes of this definition, clustering does not by itself result in increased density.

C. “Condominium” means a development where all property, except the buildings (and the land described by the footprint of the building), is owned in common by an association.

D. “Critical area” means landslide hazard area, erosion hazard area, seismic hazard area, volcanic hazard area, frequently flooded area, aquifer recharge area, fish and wildlife habitat conservation area or wetland, and associated buffers as defined under Chapter 16.08 FMC.

E. “Environmentally sensitive area” means critical areas, nonregulated mature stands of native vegetation, and steep slopes.

F. “Live/work unit” for the purposes of this chapter means a building or space within a building used jointly for commercial and residential purposes by a person living within the building or space. The residential space is secondary or accessory to the primary use as a place of work as regulated in FMC 18.69.220.

G. “Open space area” means all portions of a PUD project that are not private lots, buildings, public rights-of-way, or required parking or drive-access areas. Open space area includes all usable and nonusable open spaces.

H. “Open space,” for the purposes of this chapter, includes “active open space” and/or “passive open space.”

1. “Active open space,” for the purposes of this chapter, may include open play areas, wooded areas accessible by a path system, structured picnic areas, equipped playgrounds, sports fields, game courts, swimming pools, recreational buildings, clubhouses, gazebos, pedestrian and bicycle paths, landscaped and unfenced detention ponds, community gardens, nature interpretive areas, and other similar areas and structures.

2. “Passive open space,” for the purposes of this chapter, may include low impact stormwater systems such as rain gardens, and low-slope detention ponds which are integrated into landscaping along trails and pathways, critical areas and their associated buffers that include interactive viewpoints or views of the areas from pathways.

3. “Passive and active open space” may not include lots, buildings, private yards, outdoor storage, streets and any associated rights-of-way, driveways, parking areas, fenced stormwater detention ponds, critical areas and their associated buffers that do not include interactive viewpoints, slopes in excess of 15 percent, areas with any dimension less than 10 feet, and required perimeter buffers (where applicable).

I. “Site area” means the combined size of any and all parcels, tracts and lots that are included within a PUD application. “Site area” shall exclude all public rights-of-way existing at the time of PUD applications, but shall include any private easements that are located within the site. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.040 Types of planned unit developments (PUDs).

A. All PUD applications shall fall within the following categories based on the primary uses proposed:

1. Commercial/industrial PUDs shall be subject to the regulations in this chapter specific to commercial/industrial PUDs, and residential PUDs shall be subject to the regulations in this chapter specific to residential PUDs, with the following exceptions:

a. PUDs within the mixed-use commercial zone and City center zone shall be subject to the regulations for commercial and industrial PUDs. However, if the PUD contains a mix of commercial and residential uses, including residential uses located above commercial uses, the regulations applicable to residential PUDs in FMC 18.69.050 through 18.69.130 shall apply to any residential uses within the PUD. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.050 Residential PUDs.

A. This section through FMC 18.69.130 describe regulations specific to residential planned unit developments. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.060 Residential PUD – Permitted locations.

A. A residential PUD application may be submitted for any property with a residential land use designation located in the city, including the urban residential zone. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.070 Residential PUD – Permitted uses.

A. Any residential use or mixture of residential uses resulting in densities identified in FMC 18.69.080(B), as applicable within the applicable zone.

1. Within residential single-family zones, multifamily development shall be screened from single-family residences by an appropriate buffer per FMC 18.69.090 within the PUD, unless adjacent to a commercial or multifamily zone.

B. Neighborhood retail commercial uses intended to primarily serve the residents of the planned unit development, including grocery stores, mini marts, drugstores, bakeries, restaurants, professional offices and services including barbershops, beauty shops, dry cleaning and laundry services and other uses that are similar in nature and effect. Such uses, or the space associated with that use or multiple uses, shall be limited to a maximum of 10 percent of the total site area and in no case shall exceed five acres in size.

C. Churches, clubhouses, schools and other similar public gathering places.

D. Other uses as determined by the Hearings Examiner and as approved by the City Council to be appropriate within a specific residential planned unit development.

E. Prohibited Uses.

1. Any residential structures on wheels, with the exception of unoccupied recreational vehicles and trailers, unless otherwise restricted by this code.

2. Mobile homes, tiny houses and manufactured homes, as defined by RCW 46.04.302, that are not permanently affixed to a foundation per the requirements of the International Residential Code (IRC). (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.080 Residential PUD – Density.

A. Density shall be allowed as determined in the underlying zone and the Comprehensive Plan as shown in Table 1 below. Densities higher or lower than those allowed in the underlying zone and the Comprehensive Plan shall be denied by the City. Maximum density can be increased as described in the table below for affordable units.

B. Table 1 PUD Density.

Underlying Zone	Density Calculation	Minimum Density (Dwelling Units)	Maximum Density (Dwelling Units)
RS Low Single-Family Dwelling	Per Net Acre	3	7 (9*)
RS Medium Single-Family Dwelling	Per Net Acre	4	7 (10*)
RS High Single-Family Dwelling	Per Net Acre	6	9 (12*)
RMM – Residential Multifamily Medium	Per Gross Acre	10	30 (40*)
RMH – Residential Multifamily High	Per Gross Acre	15	No maximum
RO – Residential Office	Per Gross Acre	See FMC 18.40.050	27 (35*)
UR – Urban Residential	Per Gross Acre	15	No Maximum
MXD – Mixed Use Commercial District	Per Gross Acre	No Minimum	No Maximum
CC – City Center	Per Gross Acre	15	No Maximum

Table Notes

* Denotes maximum number of units available with affordable housing bonus.

C. A higher maximum number of units is allowed as an incentive to include affordable units, with the ability to exceed the maximum density provided all of those units are affordable. To qualify, affordable units shall be owned or managed by an affordable housing provider per Chapter 18.08 FMC.

D. Affordable units must be equally dispersed throughout the development, must be built concurrently with other elements of the project, and must be completed after no more than 50 percent of market rate units are complete.

E. For PUDs that are split-zoned the applicant may average density across zones, providing the opportunity to reduce minimum densities and increase maximum densities within each zone provided the overall density of the PUD meets the combined minimum and maximum densities of the PUD area. The MXD zone cannot be included within this averaging approach as there is no minimum or maximum density permitted. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.090 Residential PUD – Buffer requirements.

A. Unless exempted below, landscaping and other screening features such as berms and/or fencing shall be established within the required buffer area(s) to provide a solid screen separating the development site from adjoining properties. A minimum 10-foot-wide landscaped buffer, consistent with the L-3 landscape standard per FMC 18.74.040(C), shall be established around the entire perimeter of any residential planned unit development. Retention of natural areas, trails and other pedestrian connectivity may be used to replace buffer requirements in certain locations, where applicable based on the specific development proposal.

B. The City may grant flexibility from some or all perimeter buffering and external building setback requirements if the proposed uses within the PUD are similar in nature to adjacent developments.

1. The average lot size within the proposed PUD is no less than 70 percent of the conventional minimum lot size within the underlying zone.

2. The proposed PUD is adjacent to an existing residential planned unit development or residential subdivision with average lot sizes not less than 70 percent or more than 130 percent of the average lot size within the proposed PUD.

3. Building construction types and uses are similar in nature between the proposed PUD and adjacent developments.

C. No building construction, vehicle parking, or outdoor storage of materials is permitted within a required buffer area, although required buffer areas may include privately maintained trails and pathways if adequate screening from adjacent land uses is provided between the trail and the adjacent use, in the judgment of the Community Development Director. Required buffers shall be established on separate parcels or tracts owned by the homeowner’s association, and shall not be owned by individual property owners, though individual owners may be permitted to maintain such buffers pursuant to covenants, codes and restrictions associated with the subdivision. Vegetative buffers shall include easements in favor of the City to allow City access to the buffer to verify compliance with these requirements.

D. Landscaping shall be consistent with the requirements of Chapter 18.74 FMC, Ferndale Landscape Standards. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.100 Residential PUD – Lot size.

A. The minimum lot area shall be 3,500 square feet for single-family detached residences; for all other uses, minimum lot size shall be based upon the ability of the applicant to demonstrate compliance with all other adopted City regulations while achieving the density range described by this chapter.

B. PUDs that have included affordable housing units pursuant to FMC 18.69.080(C) within the design may reduce the minimum lot size for detached residences throughout the entire PUD. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.110 Residential PUD – Lot design.

A. Lots within a residential planned unit development may vary from the depth, width and size requirements established in Chapter 17.28 FMC, except that each lot must include a buildable area outside of required setbacks and buffer areas of no less than 30 feet in width and 40 feet in depth for single-family detached homes. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.120 Residential PUD – Open space.

A. All residential PUDs shall contain active open space based upon the following table. Recreational amenities shall be provided in an amount appropriate to the size and characteristics of the anticipated residential population of the PUD.

B. Minimum open space requirements for each property are outlined in Table 1: Required Open Space Areas.

Table 1: Required Open Space Areas
Total Lot Area	Total Open Space Required	Minimum Amount of Active Space Required
1.01 – 4 acres	10% total open space	70%
4.01 – or above	15% total open space	50%

C. Once a PUD meets the minimum active open space requirements, the remainder of the open space requirement can be passive open space. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.130 Residential PUD – Building setbacks.

A. Standard building setbacks are as follows:

1. Front Yard Building Setback. The minimum front yard shall be 10 feet.

2. Side Yard Building Setback. The minimum side yard shall be five feet, per FMC 18.08.1860.

3. Rear Yard Building Setback. The minimum rear yard shall be 10 feet, unless abutting an alley, then the minimum setback shall be five feet.

4. Garage Setbacks. All attached or detached garages shall be set back a minimum of 20 feet.

B. Zero-foot side yard setbacks may be permitted for attached housing when identified upon an approved site plan.

C. All structures need to be located so that the clear vision triangle shown in the Ferndale Development Standard Detail Drawing R-18 is preserved and that other life-safety issues are properly addressed.

D. All setbacks may be reduced on a case-by-case basis at the discretion of the Community Development Director depending on the specific development proposal and utility layout plan. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.140 Commercial/industrial PUDs.

A. This section through FMC 18.69.180 describe regulations specific to commercial planned unit developments. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.150 Commercial PUD – Permitted locations.

A. A commercial/industrial planned unit development may be permitted within the RR – regional retail, MC – mixed use commercial, GB – general business, CC – city center, LI – light industrial and M – manufacturing zoning districts.

B. Commercial planned unit developments which identify retail uses exceeding 20,000 square feet in cumulative gross square footage must demonstrate compliance with City of Ferndale EAGLE standards (FMC 14.05.015) prior to approval. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.160 Commercial PUDs – Uses permitted.

A. Any use as permitted in the underlying zoning district.

B. 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 planned unit development application; provided, that the Hearings Examiner and City Council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone.

C. Developments within the mixed-use commercial zone may contain a mix of commercial and residential uses. All portions of the project that contain residential uses shall be subject to requirements in FMC 18.69.050 through 18.69.130 specific to residential planned unit developments.

D. Live/work units may be permitted in the general business zone, subject to guidelines outlined in FMC 18.69.220 and this chapter.

E. In general, commercial or industrial planned unit developments are intended to serve multiple uses within a coordinated development. Pad lots or interior space may be identified for future uses when specific tenants or future uses are not known.

F. If future tenants or specific uses of commercial lots are unknown, the subdivision proposal shall be reviewed based on the highest permitted use in the zone for the purposes of determining the utility and infrastructure requirements. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.170 Commercial/industrial PUD – Buffer requirements.

A. A minimum buffer meeting the requirements of the City’s L-3 high screen landscaping standard (FMC 18.74.040(C)) shall be established around the entire perimeter of any commercial/industrial planned unit development whenever the lands adjoining the PUD are not zoned for commercial or industrial purposes, except that whenever the underlying zoning contains more stringent buffer requirements, the more stringent requirement shall apply, as required by Chapter 18.74 FMC.

B. Landscaping and other screening features such as berms and/or fencing shall be established within the required buffer area to provide a solid screen separating the development site from adjoining properties zoned for different purposes.

C. No building, parking, or outdoor storage or internal access driveways shall extend into a required buffer area, although trail systems and walkways may be allowed; provided, that solid screening is in place within the remaining buffer area. Maintenance responsibilities for the buffer area shall be clearly identified in the preliminary application and within the final plat recorded documents. All buffer area restrictions shall be clearly noted on the final plat or other legal document to advise potential lot purchasers/lessees of said buffer restrictions and their individual responsibilities.

D. A minimum 10-foot-wide landscaped buffer shall be established around the common perimeter of any commercial/industrial PUD whenever the lands adjoining the PUD are zoned for commercial and/or industrial purposes. The buffer shall be continuous in nature, except in those locations where shared parking and/or shared access or utility connections are necessary, or when critical areas extend beyond the PUD boundaries to adjacent parcels.

1. The buffer regulations in FMC 18.69.090 shall apply to the residential portions of a commercial/industrial PUD.

E. Landscaping shall be consistent with the requirements of Chapter 18.74 FMC, Ferndale Landscape Standards.

F. Buffering requirements are not intended to prevent the applicant from combining required landscaping with low impact stormwater facilities or preservation of environmentally sensitive areas. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.180 Commercial/industrial PUD – Open space.

A. The PUD shall include particular elements appropriate to the size and character of the anticipated population of the PUD.

1. The open space regulations in FMC 18.69.120 shall apply only to the residential portions of a commercial/industrial PUD.

2. Live/work units shall provide active open space at a rate of 400 square feet per unit. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.190 General provisions applicable to all PUDs.

A. This section through FMC 18.69.330 shall apply to all PUD types. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.200 Minimum site area.

A. Commercial/industrial and residential PUDs shall have a minimum site area of one acre. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.210 Parking.

A. All parking requirements within PUDs shall comply with Chapter 18.76 FMC. Off-street parking totals listed within FMC 18.76.070 may be reduced on a case-by-case basis based on the specific development proposal. Applicants are required to demonstrate through a professional parking study any justification for a reduction in parking requirements. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.220 Live/work units – Purpose.

The purpose of the live/work unit in the general business zone is to allow for a property owner, a business employee, or a business owner to occupy a residential unit as an accessory use to the business for purposes of living and working on the same site, within the same structure. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.230 Live/work units – Intent.

A. Live/work units may be permitted in the GB zone, using the PUD process.

B. Live/work unit developments within the GB zone shall be viewed primarily as a residential use and not primarily as a commercial environment in which residences can also be included.

C. The commercial component of the live/work unit is intended to be a secondary, accessory use within the PUD.

D. The residential component of the live/work unit is intended to be the primary use within the PUD. Impacts to the residential component will not be alleviated to the detriment of the business component. The commercial uses in any PUD will be allowed to exist within the zone without additional regulations because of the residential component of the live/work units on the site. Impacts normally associated with commercial or industrial uses, such as noise levels, vibrations, traffic, light fumes, and the general public visiting the site, are anticipated in these areas.

E. The PUD shall be designed to alleviate impacts to the residential portion of the live/work units, where feasible, including providing open space per FMC 18.69.180(A)(2).

F. Multiple live/work units located on one site are encouraged.

G. Live/work units shall be designed and constructed as prescribed by the International Building Code. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.240 Live/work units – Regulations.

A. The live/work unit shall be occupied by the property owner, business owner, or business employee.

B. The live/work unit may be permitted only within the general business zone through the PUD process.

C. One live/work unit is allowed per business on the project site.

D. The live/work unit must be occupied by the same tenants(s) identified in subsection (A) of this section, and no portion of the live/work unit may be rented, leased, or sold separately.

E. The nonresidential component of live/work units shall be a permitted principal use in the GB zone listed in FMC 18.49.025, with the following exceptions:

1. Similar uses on site should be consolidated to the extent practical to separate the intensity of land uses from each other.

F. The nonresidential component as designated on the floor plan approved through the PUD process shall remain commercial and cannot be converted to residential use.

G. The front-facing portion of the ground floor, along the building frontage, must be designed to accommodate nonresidential uses.

1. The Community Development Director may permit alternative ground floor configurations in order to meet the overall design intent of specific site, the GB zone, and the PUD chapter.

H. Live/work units are subject to parking provisions of FMC 18.69.210.

I. The live/work unit is permitted to be not greater than 3,000 square feet in area or as identified in the most recently adopted International Building Code by the City. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.245 Live/work units – Review process.

A. Live/work units are processed using the commercial PUD regulations and are not subject to residential PUD regulations.

B. The live/work units shall be reviewed and conditioned through the PUD process on a case-by-case basis, based on each specific proposal. Additional conditions may apply based on the specific live/work unit scenario and the location of the proposed use in context to surrounding properties. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020)

18.69.250 Owners’ association.

A. All PUD applications must include preliminary bylaws for an owners’ association and, upon approval of a PUD application, 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 owners’ association.

B. Easements shall be granted to the City necessary to serve and maintain all property and utilities owned and/or maintained by the City, prior to final plat approval. Easements shall be recorded separately and shown on the face of the plat.

C. The owners’ 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.

D. The owners’ association may not be dissolved nor may it convey any property within the PUD without the express written approval of the Ferndale City Council. If an owners’ association becomes inactive, the City shall be authorized to assess the costs of performing maintenance on the individual property owners based on the pro rata share of the maintenance costs. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.060)

18.69.260 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. As a condition of PUD approval, the CC&Rs shall include the following:

A. Architectural control standards, which shall be approved by a licensed architect.

B. The architectural control standards shall be designed to reflect a unified architectural concept in terms of style, form, bulk, colors, and materials.

C. A coordinating architect, architectural review board, or other such mechanism shall be established by the owners’ association to review all plans submitted by lot owners within the PUD to ensure compliance with the architectural control standards.

D. All lot owners shall be required to submit building and design plans to the established reviewing body prior to construction of any building on any lot within the PUD.

E. 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.

F. Maintenance of all landscaping, buffer areas, and open space areas shall be the responsibility of the owners’ association and all individual lot owners.

G. All future purchasers of lots within the PUD shall be required to sign an acknowledgment indicating knowledge and compliance with these maintenance responsibilities.

H. 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.

1. Whenever a private street is approved within a PUD, all street related improvements shall be maintained by the owners’ 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.

2. If the owners’ 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.

3. 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 owners’ association or lot owner or other citizen to enforce the CC&Rs.

I. Stormwater maintenance plan identifying the location and type of private stormwater facilities to be owned and/or maintained, individually or collectively, by the owner(s) or tenant(s) of the PUD. The stormwater maintenance plan must also include the recommended schedule for inspections of these facilities. Should there be private stormwater facilities on individual lots within the development such as rain gardens, bio-swales or similar, the maintenance plan shall include the design and a maintenance schedule for each facility.

J. All requirements in FMC 18.69.120 shall be construed as conditions of PUD approval and shall be subject to City enforcement. If the owners’ association and/or the individual lot owners fail to adequately maintain landscaping, private streets, stormwater facilities, and related improvements, the City shall have the right to take any enforcement action consistent with FMC 18.69.190 and Chapter 1.12 FMC necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.070)

18.69.270 PUD street design standards.

A. Streets within a planned unit development may be private and deviate from City development standards; provided, that the applicant can demonstrate to the satisfaction of the Public Works Director the following:

1. Minimum safety standards for emergency vehicle access are provided within the planned unit development.

2. Adequate travelway 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.

3. Street layout within the planned unit development is consistent with the surrounding street system and shall not preclude remote parcels of property from gaining access to the City street system.

4. Approval of a private street would not negatively impact the traffic circulation in the surrounding neighborhood or area.

5. Connectivity between the planned unit development and adjacent properties. If adjacent properties are developed, the applicant shall provide connectivity, where feasible.

6. The applicant demonstrates the ability to maintain a private street system within the planned unit development.

7. 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 or until said private streets can be improved to meet current minimum City standards. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.080)

18.69.280 Project phasing.

A. If a proposed PUD is to be constructed in phases, the applicant shall submit a phasing plan with the application materials. 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.

B. 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 per Chapter 19.25 FMC, provided to ensure that construction occurs even if the later phase never takes place. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.100)

18.69.290 Permissible initiators of planned unit developments.

Permissible initiators of planned unit development are:

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

B. An application filed jointly by all owners having title to all the property in the area proposed for the planned unit development project, if there be more than one owner; or

C. A person having an interest in the property to be included in the planned unit development. The planned unit development application shall be in the name or names of the recorded owner or owners of property included in the development. The application may be initially filed by holder(s) of an equitable interest in or option on such property; provided, that written permission from the property owner(s) is included with the application. In such cases, the applicant must evidence a full ownership interest in the land (either legal title or the execution of a land sales agreement) before final approval of the applicant’s plan. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.110)

18.69.300 Review and approval process.

A. Prospective applicants for PUD projects shall schedule and pay for a preapplication meeting prior to submittal of any applications. Prospective applicants for PUD projects which include 20,000 square feet or more of retail space shall schedule an informal review of the project conceptual plans with the City of Ferndale EAGLE Board.

B. After a required preliminary pre-application meeting, but prior to submittal of applications, the applicant shall arrange for and hold an informal community meeting during the standard work week at an accessible location.

C. Under limited circumstances, the Community Development Director may allow the community meeting to be held remotely if a call-in feature is available.

D. To prepare for the meeting, the applicant shall:

1. Extend written invitations delivered at least 10 days prior to the meeting to, at a minimum, all property owners within 300 feet of the project property boundaries. This requirement may be increased to 500 feet as determined by the Community Development Director when the proposed development is 10 acres or larger; and

2. Post a notice of the community meeting at two prominent locations on the project site at least 10 days prior to the scheduled date of the meeting. The notices shall be on City-supplied public notice signs paid for by the applicant; and

3. Explain the project concept to the surrounding property owners and solicit input as to the issues which concern them and provide a method for receipt of written community comment for the period between notice and the close of the meeting; and

4. Prepare a written report documenting the community meeting, summarizing the issues raised, and describing how the applicant intends to address the issues raised in the project design; and

5. Submit said written report along with an easily discernable audio recording of the meeting to the City for inclusion with the application materials.

E. The applicant shall submit concurrently a PUD application, a SEPA checklist (as applicable), a completed EAGLE checklist (as applicable) and proposal, and appropriate filing fees for determination of completeness. At a minimum, the application package shall include all items listed in FMC 14.07.050.

F. The PUD approval process shall follow Process 2 – Decision by Hearings Examiner per FMC 14.09.050.

G. Following the decision of the Hearings Examiner, the applicant shall make any required revisions and submit the revised PUD site plan and revised preliminary plat to the City for staff review and approval. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.120)

18.69.310 Criteria for approval of a planned unit development.

The City may approve a planned unit development application only if it finds that the following requirements have been met:

A. A preliminary pre-application conference has been held between the applicant and the City.

B. The applicant has consulted with surrounding property owners prior to submittal of the application.

C. The applicant has filed a proper application and followed the procedural steps required by FMC 14.09.050.

D. The proposed PUD will not result in a significant adverse impact on the environment, as evidenced by an appropriate threshold determination under SEPA, and the project will incorporate in its design any mitigation measures identified during the SEPA review.

E. The project will result in the protection, preservation, or enhancement of critical areas and their associated buffers that may exist on the property, or mitigation of critical areas and their associated buffers.

F. The project design includes buffers where necessary and development patterns adjacent to established developments consistent with the requirements of this chapter.

G. The project design includes active open space in an amount that meets the requirements of this chapter.

H. The applicant has proposed and demonstrated that there will be sufficient legal mechanisms put in place to guarantee the continued operation and/or maintenance of all commonly owned elements of the PUD in perpetuity. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.130)

18.69.320 Modifications and amendments.

A. An approved PUD may be modified upon written request of the property owner(s). Minor modifications outlined in subsection (B) of this section shall be processed administratively. Major modifications outlined in subsection (C) of this section shall be considered a PUD amendment and shall be processed in the same manner as a PUD application, including a noticed public hearing, Hearings Examiner review and recommendation, and review and approval by the City Council.

B. Minor modifications include:

1. Less than a 10 percent change in the gross size of the residential, commercial or industrial area.

2. Less than 10 percent reduction of residential units.

3. Minor alterations to the arrangement of buildings and/or site layout.

4. Other minor alterations, in the judgment of the Community Development Director.

C. Major modifications include:

1. An increase in the number of residential units.

2. A 10 percent or greater change to the gross size of the commercial area.

3. Significant alteration of the amount or arrangement of open space or recreational amenities, in the judgment of the Community Development Director, or the treatment of environmentally sensitive areas by more than 10 percent that may exist on the site.

4. A major alteration, in the judgment of the Community Development Director. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.140)

18.69.330 Time limits and extensions.

A. Incomplete applications will be given a 90-day extension to submit additional required information per FMC 14.07.070(D).

B. The PUD approval shall be valid for five years from the day it is approved by the Hearings Examiner. Construction on any and all phases of a PUD must be complete for final PUD approval within five years of the preliminary PUD approval; provided, that there may be a two-year extension as provided herein.

C. The PUD process for projects associated with a preliminary plat or other land division shall follow time limits outlined in FMC 17.20.090.

D. A PUD and/or any associated preliminary plat or other land division, pursuant to FMC 17.20.090, may be extended by the Community Development Director for a maximum of two years; provided, that:

1. A written request for extension has been received at least 30 days prior to the date of expiration; and

2. The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the limits established in subsections (A) and (B) of this section. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.150)

18.69.340 Enforcement.

A. Enforcement procedures and penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC.

B. The approved PUD configuration and proposed uses 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 chapter.

C. All requirements in this section shall be construed as conditions of PUD approval and shall be subject to City enforcement.

D. The City shall have the right to recover all costs incurred in any enforcement action. Nothing herein, however, shall require the City to take any action on behalf of the owners’ association or lot owner or other citizen to enforce the PUD regulations. (Ord. 2219 § 1 (Exh. 1), 2023; Ord. 2149 § 1 (Exh. 1), 2020; Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011. Formerly 18.69.160)