Chapter 15.40
PUD PLANNED UNIT DEVELOPMENT
Sections:
15.40.040 General requirements.
15.40.060 Preliminary Approval Process.
15.40.100 Expirations and extensions.
15.40.120 Administration and enforcement.
15.40.140 Development and design standards.
15.40.150 Costs to be borne by the applicant.
15.40.020 Purpose.
The intent of the PUD regulations is to permit greater flexibility and, consequently, more creative and imaginative design as required for the development within the R-1 single-family residential, R-2 multifamily residential, R-3 resort residential district and R-4 recreational residential district areas than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land, while providing a development which is compatible with the surrounding neighborhood, a harmonious variety of housing choices, a higher level of urban amenities, and preservation of natural topography, unique geological features and open space. It is also intended to encourage the provision of more usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.
Additionally, it is the purpose of this chapter to enable clustering of development in order to preserve significant wildlife habitat and take the greatest possible advantage of existing topography and other natural features to promote environmental and aesthetic goals by optimizing siting, orientation, layout and design of structures to protect natural vegetation, wetlands, drainage areas, steep slopes and other natural features. (Ord. 627 (part), 1999)
15.40.040 General requirements.
A. Land Use Districts. Planned unit development may be permitted in R-1 single/family residential, R-2 multifamily residential, R-3 resort residential district and R-4 recreational residential zoning districts.
B. Minimum Site Area. The minimum site area for all permitted zoning districts is five acres.
C. Permitted Uses. Permitted uses are as follows:
1. R-1 single/family residential zoning district. All permitted uses in the R-1 zoning district;
2. R-2 multifamily residential zoning district. All permitted uses in the R-2 zoning district;
3. R-3 resort residential district. All permitted uses in the R-3 zoning district;
4. R-4 recreational residential district. All permitted uses in the R-4 zoning district;
5. Accessory uses. Accessory uses to permitted uses in R-1, R-2, R-3 and R-4 zoning districts;
6. Conditional uses. The procedure for applying for a conditional use permit is described in Chapter 15.48.
D. Density. A minimum of twenty-five (25) percent of the land shall be set aside for public open space, trails, wetlands, steep slopes, recreational areas, parks, and other public uses. Additional land shall be set aside for road and utilities right-of-ways, bikeways, pedestrian walkways and parking areas. The density requirements of the underlying use district shall apply to the net developable land after subtracting the land dedication requirements listed above.
E. Bonus Density. The number of dwelling units permitted in planned unit developments may be increased above the maximum number of dwelling units permitted with the underlying zone by taking advantage of the bonus density allowances provided in this section. In no event shall the bonus density exceed twenty-five (25) percent over the density allowed in the underlying zone. The maximum number of dwelling units permitted within the underlying zone shall be computed by dividing the net developable land dedicated to residential use in the PUD area by the minimum lot size per unit required in the underlying zone. Eligibility to obtain bonus density is based upon site plan review and approval by the city Planner. Bonus densities are intended to provide the incentive to encourage additional amenities or preserve valuable natural or cultural features. By inclusion of the following amenities in the project design, the assigned bonus densities may be granted by the city planner if after evaluation it is determined that the design features meet the expectations and intentions included in this section, and that an appropriate private agreement, covenant, or other mechanism is in place to guarantee that the facilities mentioned below are properly maintained:
1. Open Space. Up to ten (10) percent bonus density may be granted if at least ten (10) percent of the PUD area is in natural open space.
2. Recreational Facilities. Up to twenty-five (25) percent bonus density may be granted if at least ten (10) percent of the gross PUD area is open space developed with recreational facilities such as, but not limited to, improved trails, landscaped open areas, swimming or wading pools, tennis courts, playground equipment, baseball or soccer fields.
3. Community Center. Up to fifteen (15) percent bonus density may be granted if a community center is incorporated in the project design.
4. Public Transit. Up to five percent bonus density may be granted if public transit facilities are provided such as lighted shelters, waiting/loading facilities including benches.
5. Bicycle and Pedestrian Trails. Up to ten (10) percent bonus density may be granted if an internal bike and pedestrian trail system separated from auto traffic is incorporated into the project design.
F. Platting Requirements. When any parcel of land in a PUD is intended for individual ownership or sale, the platting and procedural requirements of the Ilwaco subdivision ordinance and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed. Applications for preliminary or short plat approval should be submitted simultaneously, and processed concurrently, with applications for PUD approval. (Ord. 627 (part), 1999)
15.40.060 Preliminary Approval Process.
A. Presubmission Conference. Prior to making application, the developer shall meet with the site plan review committee for an initial discussion of the proposal. A site plan review committee is composed of the mayor, the city planner, the public utilities director, the city clerk/treasurer, the chairperson of the planning commission and the city council person appointed to attend to planning matters. The Mayor is the chairperson of the site plan review committee.
1. Application for Presubmission Conference. Prior to the submission of the preliminary development plan the developer or their representative shall present to the site plan review committee preliminary studies or conceptual sketches which contain in a rough and approximate manner all of the information required on the PUD application. The purpose of the preliminary site plan review is to enable the developer presenting the plan to obtain the advice of the site plan review committee as to the intent, standards and provisions of this chapter.
2. Meeting. At the conference the site plan review committee shall make available all pertinent information as may be on file relating to the general area. It is the purpose of this conference to eliminate as many potential problems as possible in order for the preliminary development plan to be processed without delay or undue expense. The conference should take place prior to detailed work by an engineer or surveyor. Discussion topics at this time would include such things as:
a. The comprehensive plan;
b. The street plan (six year TIP);
c. The shoreline master plan;
d. Zoning ordinance;
e. Availability of sewer and water, or need for utility oversizing;
f. Storm drainage and erosion control;
g. Latecomer charges;
h. Features of the development, and the rationale behind them;
i. Sidewalk requirements;
j. Bike paths;
k. Bus stops;
l. Phasing of off-site requirements such as sidewalks, street lights, traffic control devices, utilities or improvement of adjacent streets;
m. The environmental impact of the development;
n. Design concepts (architectural goals and themes);
o. Other city requirements and permits;
p. If the applicant owns adjacent land, the possibilities of future development shall be discussed;
q. Process and timelines.
3. Site Plan Review Committee Comments. At the presubmission conference the site plan review committee will furnish to the developer comments on how the proposed development conforms to city policies and regulations, and the Committee’s requirements for development approval. The site plan review committee’s comments shall be directly proportional to the information provided by the applicant.
4. Change in Development Requirements. The site plan review committee shall have the right to change its development requirements if changes are necessitated by:
a. Changes to the plans and information provided by the applicant at the presubmission conference; or
b. New policies or regulations adopted by the city council subsequent to the presubmission conference.
B. Application For Preliminary Approval. An application for a PUD may be filed only by a person having a legal interest in the property.
1. City Review of Preliminary Application. The applicant shall complete a PUD application and environmental checklist, together with preliminary development plans and other required supplementary material, and shall submit a minimum of ten (10) copies of each to the city. The city planner shall assign the application a permanent file number. The city shall inform the applicant within thirty (30) working days of the date of receipt of the application of any deficiencies found in the PUD/preliminary development plan application. The city planner shall return the application to the applicant if it is deemed incomplete or inaccurate. Resubmittals with the necessary information to make the application complete must be submitted within six months of original ruling.
2. SEPA Compliance. Each and every PUD application submitted to the city shall comply with the city’s adopted regulations of compliance with the State Environmental Policy Act, Chapter 43.21C RCW.
3. Accuracy of the Preliminary Development Plan. Accuracy for all data and information submitted on or with a preliminary development plan shall be the responsibility of the applicant. Any proposed plan found to be inaccurate or misleading as to hamper the decision of the city council shall be returned to the applicant with a letter stating that the plan or application must be corrected and returned to the city.
4. Application for Preliminary Approval. An application for preliminary approval shall include the following minimum text information:
a. Name, address, zip code and telephone number of applicant;
b. The names, addresses, zip codes and telephone numbers of all persons who have a real or possessory interest in the subject property;
c. The names and addresses of all property owners within three hundred (300) feet of the site;
d. The legal description of the subject property;
e. The existing zoning on the subject property;
f. The acreage contained within the proposed PUD, the number of lots and dwelling units being proposed, and the number of lots and dwelling units per acre of land;
g. The average lot size and the size of the smallest proposed lot;
h. The type of dwelling units proposed;
i. The acreage of open space (including a separate figure for usable open space) to be contained in the PUD and the percentage it represents of the total area;
j. The proposed method of insuring permanent retention and maintenance of open space areas;
k. The road lineage, and acreage of road area and percentage it represents of the total land area;
l. The location and square footage of nonresidential construction by use type;
m. The proposed building and development coverages;
n. The source of water supply;
o. The method of sewage disposal, to include the name of sewer operator, if any;
p. Applicable school district;
q. The means by which the proposed PUD meets the objectives of Section 15.40.020. Purpose, including a description of the unique or innovative features of the proposed development, and the rationale behind the assumptions and choices made by the applicant. If there are variations from the development standards of the underlying district, the rationale for such variations shall be discussed;
r. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed;
s. The applicant’s intentions with regard to the proposed ownership of land areas and dwelling units within the PUD, both during and after construction.
5. Content of the Preliminary Development Plan. A preliminary development plan including any maps and technical reports necessary to show the major details of the proposed PUD, must contain the following minimum map information:
a. The boundary lines of the subject property, scale and north arrow;
b. Existing site conditions including water courses, wetland areas, floodplains, unique natural features, forest cover and elevation contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed development as follows:
i. Up to five percent slopes, two foot contours,
ii. Five percent and over slopes, five foot contours (Note: All contours shall be referenced to mean sea level);
c. Proposed lot lines;
d. The locations, dimensions and identification of all existing and proposed buildings, structures and other improvements including heights, types of uses, and density per residential structure. If the design of the project involves variations from the permitted uses, minimum lot width, minimum lot size, minimum setback or maximum height requirement of the underlying zone, as provided for in Section 15.40.120B, the application must identify the location of a representative proposed building in relation to all lot lines and must provide representative proposed building elevations;
e. The location and square footage of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses;
f. 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) shall be included where appropriate;
g. Existing and proposed sidewalks and trails;
h. Existing and proposed sanitary sewers, storm drainage facilities and water lines;
i. Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, ownership tracts, streets and unique natural features of the landscape;
j. Landscaping and open space improvements plans;
k. The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, fences and walls;
l. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, driveways, major physiographic features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features;
m. Any additional information as required by the site plan review committee necessary to evaluate the character and impact of the proposed PUD (e.g., soils, geology, hydrology or groundwater);
n. Proposed site elevations after development.
C. City Planner. A preliminary PUD shall be submitted to the city planner with an application for PUD approval for review and recommendation to the city council. Prior to the approval of a preliminary PUD application, the city planner shall hold a public hearing thereon, and notices thereof shall be given. The city planner shall not recommend approval of a PUD unless it determines that such plan complies with the development policies of the comprehensive plan, the requirements of the Ilwaco zoning ordinance, the purposes of Section 15.40.020, Purpose, and the provisions of this chapter. The city planner may recommend terms and conditions of approval, and further public review of additional information and analyses in order to insure such compliance. The city planner shall forward a recommendation to the city council.
D. City Council. The council shall schedule a public hearing to hear from the public and to consider the city planner recommendation. The city council may:
1. Remand the matter back to the city planner for further review;
2. Continue to a future date to allow for additional staff analysis desired by the council;
3. Deny the PUD application;
4. Modify the city planner’s recommendation based on applicable criteria and adopt their own findings and conclusions and approve the PUD; or
5. Adopt the findings of the city planner and accept the recommendation, findings and conclusion of the city planner as their own.
An approved PUD, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern. The terms and conditions upon which approval was given shall not be changed except as provided in Section 15.40.120B, Minor and Major Adjustments of the Final Plan.
E. Permits.
1. Engineering Permits. Engineering permits may be issued for development within a PUD prior to the approval of the final PUD, provided that:
a. The improvements will be consistent with the approved preliminary PUD;
b. The city planner has reviewed the application and determined that the improvements are to be constructed in conformance with applicable Ilwaco Municipal Code and city development standards;
c. All required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed for the phase of the project involved;
d. Partial or complete construction of improvements shall not relieve the developer from, nor impair city enforcement of, conditions of preliminary PUD approval.
2. Building Permits. Building permits may be issued for any structure within a PUD prior to the approval of the final PUD, provided that:
a. The construction will be consistent with the approved preliminary PUD.
b. The building permit application must identify the location and dimensions of the proposed building in relation to all lot lines for the site and must provide proposed building elevations.
c. No vertical construction may take place until the necessary fire flow and emergency vehicle access have been provided to the building(s).
d. All required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed for the phase of the project involved.
e. Partial or complete construction of structures shall not relieve the developer from, nor impair city enforcement of, conditions of PUD approval.
f. Units may not be rented or sold until final PUD approval. (Ord. 627 (part), 1999)
15.40.080 Final PUD Approval.
A. Application. Application for final PUD approval:
1. Platted Portion of the PUD. For any portion of the PUD which is to be platted, approval of the final plat shall constitute final development plan approval for the platted portion of the PUD. Application requirements shall be as provided formal plat approval under city ordinance.
2. PUD Not Platted. For any portion of the PUD which is not to be platted, approval of a binding site plan shall constitute final development plan approval. The site plan review committee may attach terms and conditions to the approval of the site plan if necessary to insure compliance with the preliminary PUD.
B. City Council. Within three years of the date of the preliminary PUD approval, the applicant shall submit a final PUD for the proposed development for approval by the city council. After finding that the final PUD has been completed in accordance with the provisions of the approved preliminary PUD, and that all required improvements have been completed or that arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that the interests of the city are fully protected, the city council shall approve the final PUD, accepting the dedications and easements which are included thereon. The final PUD shall consist of a final plat, binding site plan, or any combination thereof. The approved final PUD shall constitute a limitation on the use and design of the site.
C. Phasing. If a proposed PUD is to be developed in phases, the project as a whole shall be portrayed on the preliminary PUD, and each phase shall individually receive final development plan review and approval according to the procedures established in this chapter. Those portions of the PUD which have received preliminary approval but which have not yet received final approval shall be subject to the provisions of Section 15.40.100, Expirations and Extensions.
D. Rezone. A PUD resulting from the application of the provisions of this chapter shall be made a part of the zoning map and identified thereon by reference to the appropriate ordinance and case file numbers.
Once the development plan receives final site plan approval, all persons and parties, their successors, heirs or assigns, who own, have or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the PUD, shall be bound by the conditions attending the approval of the development and the provisions of this title. (Ord. 627 (part), 1999)
15.40.100 Expirations and extensions.
A. Expiration of PUD Approval. If a final PUD is not approved within three years from the date of preliminary PUD approval, and an extension of time has not been granted, the preliminary PUD approval shall expire and the land and the structures thereon shall be used only for a lawful purpose permissible within the underlying zone.
B. PUD Approval Extension. Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The city shall not be held accountable for notification of expirations. All requests for an extension of time must be submitted to the city at least thirty (30) days prior to expiration of preliminary PUD approval. The city shall schedule the request for extension for public hearing before the city council upon such notice and in accordance with the PUD preliminary approval procedures of this chapter. In no case shall an extension be granted for more than three years at a time. If an extension of time is approved, the PUD shall be subject to all new and amended regulations, requirements, policies or standards which are adopted after the original date of approval unless there has been substantial on-site work completed. (Ord. 627 (part), 1999)
15.40.120 Administration and enforcement.
A. Building Permit. Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the final plan and program elements of the PUD, except as provided in Section 15.40.060E.
B. Minor and Major Adjustments of the Final Plan.
1. Minor Adjustments. Minor adjustments may be made and approved when a building permit is issued. Any such alteration must be approved by the city planner. Minor adjustments are those which may affect the precise dimensions or siting of buildings (i.e., lot coverage, height, setbacks), but which do not affect the basic character or arrangement and number of buildings approved in the preliminary or final plan, nor the density of the development or the amount and quality of open space and landscaping. Such dimensional adjustments shall not vary more than ten (10) percent from the original, nor shall they permit development which would conflict with Section 15.40.140. The applicant shall submit five copies of a revised or adjusted final development plan of the applicable portion(s) of the PUD to the city for the completion of its files.
2. Major Adjustments. Major adjustments are those which substantially change the character, basic design, density, open space or other requirements and conditions of the PUD. When a change constitutes a major adjustment, no building or other permit shall be issued without prior review of such adjustment by the city planner and approval by the city council. (Ord. 627 (part), 1999)
15.40.140 Development and design standards.
A. General Criteria.
1. Application of City Ordinances. All requirements of the underlying use district and other city ordinances, including but not limited to drainage design and erosion control shall apply within the PUD unless specifically modified pursuant to the provisions of this chapter. The applicable goals and policies contained within the comprehensive plan shall be applied.
2. Approval Criteria. Any action to approve a preliminary development plan for a proposed PUD shall be based upon the following findings:
a. That the proposed development is in conformance with the comprehensive plan;
b. That exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program;
c. That the system of ownership and means of developing, preserving and maintaining open space are suitable, as provided in Section 15.40.140D.
3. Clustering Requirement. The city may require the proposed development to be clustered on a portion of the site in order to preserve significant wildlife habitat.
4. Plat as Part of PUD. If a plat is involved, the city shall issue no building permit for vertical construction for a multifamily structure in a PUD until final plat approval has been granted for the single/family lots in the PUD, if any. If the PUD is to be built in phases, this requirement shall apply to the development in each phase.
B. Minimum Lot Size. The planning commission may allow lot sizes to be reduced (provided that the applicable setback requirements are met) to enable creation of common open space or allow preservation of significant wildlife habitat areas.
C. Maximum Coverage. Building coverage and development coverage of individual parcels may exceed the percentage permitted by the underlying zone, provided that the overall coverage of the project as a whole does not exceed the percentage permitted by the underlying zone.
D. Open Space.
1. Common Open Space. Common open space, if any, may contain such structures and improvements as are necessary and appropriate for the out-of-doors enjoyment.
2. Bond Requirement. The developer shall provide a bond or other assurance acceptable to the city council that any improvements made in the common open space will be completed. The city shall release the bond or other assurance when the improvements have been completed in accordance with the development plan.
3. Property Ownership Documents. Before approval of the final development plan may be granted, the developer shall submit to the city covenants, deeds and/or homeowners’ association bylaws and other documents guaranteeing maintenance, construction, common fee ownership, if applicable, of open space, community facilities, stormwater facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and approved by the city to insure that they comply with the requirements of this chapter prior to approval of the final development plan by the city. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition of any final development plan approval.
4. Landscaping Requirements. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the city. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock outcroppings, etc., may be accepted as part of the landscaping plan.
5. Common Use Open Space. That portion of the open space which is to be available for the common use of the residents of the PUD shall be either:
a. Conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it; or
b. Owned in common by the property owners within the PUD or a homeowners’ association.
E. Perimeter Treatment.
1. Relationship of PUD Site to Adjacent Area. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.
2. Structures Setbacks. Structures located on the perimeter of the development shall be set back in accordance with the front yard setback of the underlying zone.
F. Nonresidential Uses,
1. Conditional Uses. Uses permitted by conditional use permit in the underlying zone shall conform to standards as provided in Chapter 15.48, Conditional Uses.
2. Permitted Uses. Permitted uses shall conform to the standards of that use district, and to the following additional requirements:
a. Occupancy permits for such uses shall not be issued until completion of one-half of the total dwelling units.
b. Screening and landscaping shall be provided adequate to protect all neighboring uses from potential adverse effects.
c. All sides of the proposed buildings shall be finished in a style which is harmonious with the development as a whole and with neighboring uses.
3. Accessory Uses. Accessory uses such as storage of boats, campers and recreational vehicles shall be permitted only if visual screening is provided. This same provision shall apply to garbage storage, recycling and collection areas. (Ord. 627 (part), 1999)
15.40.150 Costs to be borne by the applicant.
Upon receipt of an application for a PUD, the city shall set the preliminary fee for the PUD. The estimated fee shall be based on the city’s best estimate of the cost for the review of the preliminary application, the final application, an environmental check list, and if necessary, the preparation of an environmental impact statement (EIS), advertising costs, legal fees, professional services and city staff time, and all other costs the city might incur in reviewing the application. The estimated cost shall be paid by the applicant and placed in a trust fund. The preliminary fee shall be not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00).
After the preliminary fee is expended, all additional costs will be billed to the applicant monthly. The fees are to be paid within thirty (30) days of the billing. Nonpayment will result in immediate cessation of city review of the proposed PUD. Failure to pay the fees within sixty (60) days will result in forfeiture of the application. No building permits will be issued until all costs of the PUD review are paid. Any estimated fees left unused shall be refunded to the applicant. (Ord. 627 (part), 1999)