Chapter 15.25
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD)
Sections:
15.25.015 Affordable housing defined.
15.25.020 Permitted location and size of planned unit development.
15.25.040 Initiation of planned unit residential developments.
15.25.050 Availability of public services.
15.25.060 Procedure for approval of planned unit residential development.
15.25.070 Preapplication conference.
15.25.100 Changes to the development plan.
15.25.110 Expiration of authorization.
15.25.140 Building setbacks and heights.
15.25.010 Purpose.
The purpose of a planned unit residential development is to:
(1) Allow a more flexible plan of development than the traditional one-house-one-lot development;
(2) Promote more economical and efficient use of the land, provide a harmonious variety of housing choices and plot plans, and preserve open spaces;
(3) Encourage the development of affordable housing styles for individuals and families whose household income is classified as low, very low, or extremely low income, such as tiny home developments. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.A, 1995.]
15.25.015 Affordable housing defined.
(1) Purchasers and renters of affordable homes constructed under this chapter shall meet the following requirements:
(a) Annual Income. All purchasers and/or renters shall be from a household whose annual income, at the household’s initial occupancy of the residence, is low income or less (as defined under subsection (2)(c) of this section), as adjusted by family size, for Skagit County, Washington, based on the most recent census data or other verifiable source as determined by the town.
(b) Housing Expenses. The monthly expenditure by a purchaser or renter for housing including mortgage payment or rent, insurance, and taxes does not exceed 38 percent of the gross household income at the time of purchase and the amount for monthly mortgage and utilities (water and sewer) payment does not exceed 30 percent of gross household income. All other variable living expenses associated with the resident’s occupancy shall not be a factor in the calculation of affordability.
(c) Affordable Housing. Federal guidelines define affordable housing as decent, quality housing that does not exceed 30 percent of a household’s gross monthly income for rent or mortgage and utility payments.
(2) Classification of Income Groups. Income groups shall be classified as follows:
(a) “Extremely low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income.
(b) “Very low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income.
(c) “Low-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income.
(d) “Moderate-income household” means a single person, household, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income.
(e) “Median household income” means the amount calculated and published by the HUD each year for the Skagit County statistical area as the median household or family income, adjusted by HUD for household size. [Ord. 1247 § 2, 2024.]
15.25.020 Permitted location and size of planned unit development.
A PURD may be located only in a residential zone outside of the historic preservation district, and on a parcel of 16,000 square feet or more. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.B, 1995.]
15.25.030 Permitted uses.
All permitted uses shall conform with a specific final development plan as specified in this section. The following uses are permitted:
(1) Residential units, either single-household detached or multiple attached units or a combination of detached single-household or multihousehold units, including tiny homes;
(2) All accessory uses as permitted in a residential zone;
(3) Recreational facilities, tennis courts, playgrounds, and community halls;
(4) Conditional uses permitted in a residential zone. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.C, 1995.]
15.25.040 Initiation of planned unit residential developments.
Planned unit residential development projects may be initiated by:
(1) The owner of all the property involved, if under one ownership; or
(2) An application filed jointly by all owners having title to all the property in the area proposed for the planned unit residential development project if there is more than one owner; or
(3) A governmental agency; or
(4) A person having an interest in the property to be included in the planned unit residential development. The PURD applications shall be in the name or names of the recorded owner(s) of the property included in the development. However, the application may be filed by holder(s) of an equitable interest in or having an option on such property. The applicant must provide evidence of full ownership interest in the land (either legal title or the execution of a binding sales agreement) before any building permit is issued. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.D, 1995.]
15.25.050 Availability of public services.
(1) Developers of planned unit residential development projects shall plan developments in a manner that will provide direct access to major collector streets where feasible, without creating additional traffic along minor streets in surrounding residential neighborhoods.
(2) Planned unit developments shall be designed in a manner that will not overtax existing sanitary sewers, water lines, storm water and surface drainage systems, and other utility systems resulting in higher net public costs, unless compensation or equivalent services are provided. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.E, 1995.]
15.25.060 Procedure for approval of planned unit residential development.
A PURD application may be submitted as a subdivision or short subdivision per Chapter 15.30 LCMC, or as a binding site plan (Chapter 15.55 LCMC). [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.F, 1995.]
15.25.070 Preapplication conference.
Before filing any application for a planned unit residential development, it is recommended that the applicant submit preliminary plans to the planning department for review. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.G, 1995.]
15.25.080 Development plan.
(1) Following the preapplication conference, the applicant shall submit a formal application for review. The development plan shall include the following documents:
(a) Application form indicating:
(i) Existing zoning;
(ii) Total site area;
(iii) Area of bodies of water, if any;
(iv) Gross area of site: subsection (1)(a)(ii) of this section minus subsection (1)(a)(iii) of this section;
(v) Total number of dwelling units;
(vi) Density: subsection (1)(a)(v) of this section divided by (1)(a)(iv) of this section;
(vii) Usable open space (percent of subsection (1)(a)(ii) of this section);
(viii) Common open space (percent of subsection (1)(a)(vii) of this section); and
(ix) Location of parking areas, which shall include not less than one off-street parking space for each dwelling unit.
(b) Legal description of site and statement of present ownership;
(c) Description of the natural setting, including slope, topography, soil type, significant land forms, bodies of water, trees and other vegetation, scenic assets and surrounding buildings. Areas requiring substantial recontouring or grading shall be described;
(d) Development schedule including estimated dates of start, completion and phasing;
(e) Intent as to final ownership, including plans for rental, sale or combination. If the proposed use is housing for households whose income is classified as low, very low, or extremely low-income, there must be provisions to ensure that those dwelling units will remain available for low, very low, or extremely low-income individuals and households for not less than 50 years.
(f) Guarantee of Affordability. Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall establish controls, subject to approval by the town attorney, to ensure that the project’s single-household or multihousehold residences remain affordable for a minimum of 50 years in accordance with the definition of affordable housing in LCMC 15.25.015. All such controls shall be recorded in the title records of Skagit County. The controls may take various forms including:
(i) Continued ownership of the land by the project applicant with the occupants of the single-household or multihousehold residences leasing the land back from the project applicant;
(ii) A deed/subsidy covenant, purchase/sale agreements, or other similar mechanisms which require that the residences be sold only to qualified purchasers who meet the requirements of LCMC 15.25.015;
(iii) A requirement that the project applicant can only transfer the land to another entity that meets the requirements of this section; and/or
(iv) Other methods approved by the town attorney to ensure that the project’s single- household or multihousehold residences remain permanently affordable in accordance with the definition of affordable housing.
(g) Site development map(s) depicting:
(i) Topographic lines at five-foot intervals;
(ii) Water bodies and critical areas;
(iii) Natural features including major land forms, rock outcroppings and flood hazard area;
(iv) Areas of significant tree cover and how they are affected by the plan;
(v) Property lines; easements;
(vi) Existing and proposed street names;
(vii) Configuration and function of all buildings, noting proposed heights of each and distance between property line and nearest building;
(viii) Vehicular circulation, parking area, loading areas and storage areas (indicate number of parking spaces for use);
(ix) Pedestrian circulation;
(x) Areas of private open space;
(xi) Recreational facilities, if any;
(xii) A landscaping plan showing areas of tree removal, retention or addition plus the location, type and size of existing or new plant materials, street furniture and other physical features, including transformers, hydrants, walls and fences, trash storage area, and retaining walls, location, type and height of proposed street and walkway lighting, location and design of signs to be included;
(xiii) Areas requiring substantial grading or recontouring;
(xiv) Graphic scale with north arrow, date and title;
(xv) A legible sketch of the vicinity within 500 feet of the proposed development showing significant features of the land including buildings and zoning designations;
(h) If the proposed site is within shoreline management jurisdiction, an application for shoreline substantial development permit along with any other permits required, such as a floodplain permit or other local, state, or federal permits, shall be filed;
(i) A description of the types of dwelling units and number of bedrooms in each;
(j) A description of programs for ensuring continued maintenance of common elements of the development;
(k) Architectural plans depicting general typical floor plans with dimensions, elevations or renderings sufficient to indicate the basic architectural character of the development;
(l) An environmental checklist;
(m) Any additional information required by staff and the planning commission as necessary to evaluate the character and impact of the proposed PURD.
(2) The planning director shall make recommendations to the hearing examiner to determine if the proposal meets the requirements and conforms to the intent of this code and the comprehensive plan. The town’s SEPA official shall review the environmental checklist and issue a determination of environmental impact incurred as a result of the proposal. Following a public hearing, the hearing examiner will make a final determination regarding the development proposal. If the proposal is submitted as a subdivision, the hearing examiner will make a recommendation for final action to the town council, per LCMC 15.12.120. If the proposal is submitted as a binding site plan, the decision of the hearing examiner will be final, subject to appeal to Skagit County superior court.
(3) If the proposal is adjacent to unincorporated areas of Skagit County, notice of the application shall be given to the Skagit County department of planning and economic development.
(4) If an environmental impact statement (EIS) is required, the final EIS shall be available for at least 10 days before the hearing on the proposal.
(5) Notice of Public Hearing.
(a) Notice shall be given by publication of at least one notice not less than 10 days prior to the hearing in a newspaper of general circulation within the town.
(b) Notices of the hearing shall be mailed to all property owners within 300 feet of the proposed development. Addresses for mail notices shall be obtained by the staff.
(c) Additional notice of such hearing may be required by local authorities to notify adjacent property owners and the public, i.e., posting on the property.
(6) The hearing examiner shall examine the proposal at the public hearing and consider the proposed development plan, information presented by the applicant, any technical planning assistance, and the public.
(7) The hearing examiner may approve, disapprove, or impose changes or conditions of approval within 30 days from the date of the hearing unless the applicant consents to an extension of such time period.
(8) A copy of the hearing examiner’s action or written recommendations shall be forwarded to the applicant and, if the proposal is submitted as a subdivision, to the town council. The town council shall consider the recommendation at its next regularly scheduled meeting and shall, by resolution, approve or disapprove the development plan. [Ord. 1247 § 2, 2024; Ord. 842 § 9, 2002; Ord. 671 § 3.3.H, 1995.]
15.25.090 Final development plan.
Repealed by Ord. 1247. [Ord. 842 § 16, 2002; Ord. 671 § 3.3.I, 1995.]
15.25.100 Changes to the development plan.
(1) Any changes in the development plan, after approval through the above procedures, shall be reviewed by the staff to determine if a new plan should be submitted.
(2) Changes in the development plan may be administratively approved; provided, that such changes do not:
(a) Change the use or character of the development;
(b) Increase overall coverage of structures;
(c) Increase density;
(d) Reduce the amount of open spaces;
(e) Change the general location or amount of land devoted to specific uses.
(3) Changes may include minor shifting of the location of buildings, utility easements, common open spaces, or other similar features of the plan. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.J, 1995.]
15.25.110 Expiration of authorization.
(1) If no construction has begun within six months of final approval of the PURD, the approval shall expire. The planning commission may extend approval for an additional six-month period if an application for extension is received before the authorization expires. If no construction has begun at the end of this extension, the final development plan shall become null and void, and a new one shall be required for any development on subject property.
(2) Upon the abandonment of a particular project authorized under this chapter or upon the expiration of two years from the final approval of a PURD which has not by then been completed or commenced with an extension of time for completion granted, the authorization shall expire and the land and the structures thereon may be used only for a lawful purpose permissible within the zone in which the PURD is located. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.K, 1995.]
15.25.120 Open space.
(1) Open space is an identifiable greenbelt area which is accessible and available to all occupants of dwelling units for whose use the space is intended. This includes private as well as common open space.
(2) Open space does not include:
(a) An area of the site covered by buildings, roads, parking structures or accessory structures;
(b) Proposed street rights-of-way;
(c) Open parking areas and driveways for dwellings;
(d) School sites;
(e) Commercial areas;
(3) Land totally unsuited for building because of topographic features may be counted as open space.
(4) The total area of the development, minus undevelopable area and bodies of water, is the gross site area.
(5) Required usable open space in a PURD is a minimum of 50 percent of the gross site area, to include private yards.
(6) Required common open space is an identifiable greenbelt area and is a minimum of 50 percent of the usable open space. Common open space are lands used for scenic, recreational or landscaping purposes within the development and for the use of all residents of the PURD, and may include common uses such as laundry facilities or multipurpose buildings.
(7) Adequate guarantee must be provided to ensure permanent retention of “common open space” land area resulting from the application of these regulations, either by private reservation or protective covenants, for the use of residents within the development or by dedication to the public or a combination. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.L, 1995.]
15.25.130 Density.
(1) The number of dwelling units that may be constructed in a PURD shall be based upon one dwelling unit for each 4,000 square feet of gross site area. This density restriction shall not apply to tiny home developments. If the proposed development is designed to accommodate housing for low, very low, or extremely low-income housing families or individuals, density shall be limited only by the availability of land within the development, taking into account the required open space and limitations based on setback requirements and height limitations.
(2) For development proposals that do not include provisions for low, very low, or extremely low-income individuals or households, the hearing examiner may approve development up to 40 percent higher density, based on site plan review and the guidelines listed below which are to be treated as additives:
(a) Open Space. A density bonus of up to 20 percent is allowed for providing up to 20 percent of gross site area as common open space (in addition to the common open space required in LCMC 15.25.120(5)) on an equivalent basis.
(b) A density bonus of up to 10 percent is allowed for landscaping, recreation facilities or improvements suitable to the site that enhance the quality of the development and benefit the residents of the PURD and the town of La Conner. [Ord. 1247 § 2, 2024; Ord. 1222 § 2, 2023; Ord. 671 § 3.3.M, 1995.]
15.25.140 Building setbacks and heights.
(1) Individual multihousehold dwelling buildings must meet setbacks and height limits required in the zone in which it is located with respect to the outside perimeter of the PURD.
(2) Individual single-household residences must meet setbacks and height limits required in the zone in which it is located with respect to their respective lot lines.
(3) The minimum distance between buildings within a PURD shall be 10 feet.
(4) Setbacks of buildings from the perimeter of a PURD shall be compatible with the zone in which it is located, unless extenuating circumstances show a need for increasing perimeter setbacks. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.N, 1995.]
15.25.150 Fees.
(1) A filing fee set by resolution of the town council shall be paid to the town clerk at the time of application.
(2) If the PURD is filed at the same time as a preliminary plat for the same tract, to be processed simultaneously in accordance with a subdivision or short subdivision application, the fee shall be one and one-half times the fee for the subdivision application.
(3) If the PURD proposes to provide low, very low, or extremely low-income housing, impact fees shall be waived. However, all fees for utilities and other improvements shall still apply. [Ord. 1247 § 2, 2024; Ord. 671 § 3.3.O, 1995.]