Chapter 17.32
PLANNED UNIT DEVELOPMENTS
Sections:
17.32.040 Application submittal and contents.
17.32.050 Consolidated applications.
17.32.060 Innovative residential development.
17.32.070 Modification of permitted densities – Bonus density.
17.32.080 Modification of permitted uses – Commercial uses.
17.32.090 Modification of development standards.
17.32.100 Preliminary approval criteria.
17.32.120 Performance guarantees – PUD agreement.
17.32.130 Modifications to an approved PUD.
17.32.140 Building and occupancy permits – Issuance after final PUD approval.
17.32.150 Final PUD plan requirements.
17.32.160 Time limitation on final PUD submittal.
17.32.170 Filing of final PUD plan.
17.32.010 Purpose.
The purpose of this chapter is to implement the goals and policies of the Port Townsend Comprehensive Plan by promoting creativity in site layout and design, allowing flexibility in the application of the standards for residential, mixed residential/commercial and commercial manufacturing development in order to protect and enhance environmental features, encouraging the development of affordable housing, promoting the city’s economic development strategy, and providing other public benefits. This chapter provides performance criteria to encourage flexibility in the choice of the types of living units available to the public through the planned unit development (PUD) process. More specifically, it is the purpose of this chapter to:
A. Allow development of land with physical constraints, while at the same time preserving the natural characteristics of a site, including topography, native vegetation, wildlife habitat, environmentally sensitive areas, and other natural amenities of value to the community;
B. Create and/or preserve open space for recreation and aesthetic enjoyment of residents and employees;
C. Provide for the management and control of stormwater;
D. Allow developers to use innovative methods and approaches not available under conventional zoning methods to:
1. Facilitate the construction of a variety of housing types and densities serving the diverse housing needs of Port Townsend residents to promote the affordable housing goals and policies of the Port Townsend Comprehensive Plan,
2. Promote innovative, well designed commercial and light manufacturing developments which are consistent with and supportive of the city’s economic development strategy;
E. Provide for the economic provision of public facilities and services by allowing choices in the layout of streets, utility networks, and other public improvements through superior site design and the use of clustering;
F. Avoid the overburdening of present or planned capacity of public utilities, services, facilities and streets, which may occur under conventional site development and zoning methods; and
G. Encourage infill within areas of the city which are characterized by existing development. (Ord. 3129 § 1 (Exh. A), 2015; Ord. 2571 § 2, 1997).
17.32.020 Scope.
A. Applicability. Planned unit developments are permitted pursuant to the provisions of this section within the following districts: all residential districts (R-I, R-II, R-III and R-IV) and mixed use districts (C-I/MU and C-II/MU); the C-II general commercial district; and the M/C mixed commercial/light manufacturing district; and constitutes a “floating” overlay zone over these districts.
B. Uses Permitted.
1. For planned unit developments that contain multiple underlying zones:
a. A planned unit development may not authorize uses that are inconsistent with those uses allowed by the general category (commercial, residential, manufacturing, mixed use) of the underlying zone, or overlay district designated for each separate parcel within the proposed planned unit development boundary; provided, however, this chapter permits the development of limited multifamily housing R-I and R-II zones, and limited commercial development in purely residential planned unit developments in all residential zones, so long as the requirements of this chapter are satisfied.
b. The location of the uses in planned unit developments may vary from each parcel’s underlying zoning; provided, that the use falls within the general category (commercial, residential, manufacturing, mixed use) of the underlying zone of the parcel.
2. For split zone properties in single ownership, the uses within each of the zoning districts are allowed on the property as long as the use is not inconsistent with the uses allowed by the general category (commercial, residential, manufacturing, mixed use) of the underlying zone.
C. This chapter may be applied to existing subdivisions and lots of record on which no development has yet occurred, or where adequate vacant land exists within an existing development to meet standards and criteria of this chapter.
D. The PUD process provides an alternative to traditional development under prescriptive zoning and subdivision standards. This chapter shall not be applied to single-family residential lots incapable of further subdivision due to lot size or as a means to avoid other procedures more appropriately reviewed as variance applications under Chapter 17.86 PTMC.
E. A PUD application must be processed with either an application for short subdivision, full subdivision, or binding site plan approval. The scope of this chapter is to allow more innovative ways of designing such development applications, enabling applicants to take advantage of incentives, including flexible zoning standards, modification of requirements of the city’s engineering design standards, and bonus densities in appropriate circumstances, in exchange for public benefits. (Ord. 3129 § 1 (Exh. A), 2015; Ord. 2571 § 2, 1997).
17.32.030 Minimum lot area.
The minimum lot area required for property proposed for a PUD shall be:
A. R-I and R-II districts: 40,000 square feet;
B. R-III and R-IV districts: 20,000 square feet;
C. C-I/MU and C-II/MU districts: no minimum; and
D. C-II and M/C districts: no minimum. (Ord. 3129 § 1 (Exh. A), 2015; Ord. 2571 § 2, 1997).
17.32.040 Application submittal and contents.
To be considered complete, the application shall include the following:
A. The application for approval of a PUD shall be submitted to the planning and community development department on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC;
B. A completed land use permit application form, including all materials required in accordance with PTMC 20.01.100;
C. Five copies of a PUD site plan prepared in accordance with the following requirements:
1. The area of each proposed lot or parcel shall be drawn to accurately show that each lot or parcel contains sufficient area to satisfy minimum zoning and health requirements;
2. The PUD plan drawing shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The PUD plan shall be consolidated with any plan or plat submitted under PTMC Title 18. The preparer shall certify on the plan that it is a true and correct representation of the lands actually surveyed. The preparation of the plan shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. The plan drawing shall have minimum dimensions of 18 inches by 24 inches and contain all information required in Chapter 18.16 PTMC for subdivisions of property;
3. If the applicant proposes a site design providing for a variety of separate residential or commercial areas, uses and/or densities within the site, the site plan shall include a table providing the following information for each distinct residential area:
a. Proposed land use in each area (e.g., single-family, duplexes, multifamily, neighborhood-serving commercial use);
b. Number of dwelling units or commercial units/establishments;
c. Gross acreage;
d. Approximate area of the smallest lot;
4. A form for the endorsement of the director of PCD, as follows:
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APPROVED BY CITY OF PORT TOWNSEND |
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____________________ |
______ |
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Planning and Community Development Department Director |
Date |
D. Where site conditions require geotechnical analysis to assess or address any probable significant adverse environmental impacts, including environmentally sensitive area conditions, a geotechnical report or study prepared by a competent geologist or geological engineer or other similar professional may be required if deemed necessary by the public works director or the PCD director;
E. The applicant shall supply a narrative statement substantiating how the proposed development will be superior to or more innovative than conventional development undertaken under the city’s land use regulations. The statement shall also substantiate how the proposed PUD will provide a benefit to the public beyond that available through conventional development. The applicant shall specifically identify all code requirements and criteria proposed for modification;
F. The applicant shall supply completed information and materials for all other land use permit and development applications consolidated with the PUD application;
G. A conceptual landscape plan, showing the proposed location and types of proposed vegetation;
H. Building profiles if the PUD proposes multifamily residential development; and
I. Any additional pertinent information required by the PCD director and/or public works director. (Ord. 3287 § 5, 2022; Ord. 3026 § 1 (Exh. A-6 § 3), 2010; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.32.050 Consolidated applications.
The PUD application shall be considered simultaneously with an application for one or more of the following: a preliminary plat or short plat; binding site plan; boundary line adjustment; conditional use permit; multifamily development permit; variance; or any other permitting action. (Ord. 2571 § 2, 1997).
17.32.060 Innovative residential development.
A. Purpose.
1. More efficient use can be made of land, energy and resources and more livable development can be achieved when the designer has flexibility in residential types, placement and density. Such flexibility can be achieved while safeguarding the public interest by review of the proposed planned unit development plan which shows the type and placement of residential structures. Therefore, the city allows planned residences at varied densities where specified in the appropriate zones of the city.
2. Upon compliance with this chapter, the use of land may comply with the provisions in this section in lieu of the provisions of the zone where located.
3. It is intended that innovative residential developments encourage imaginative design to achieve these purposes. Therefore, incentives and flexibility may be allowed such as clustered housing and bonus densities, lot averaging, zero lot lines, condominium development, and mixed residential types. The city may approve the use of these tools as provided in this section as deemed reasonable and warranted by the excellence of the resulting design and its benefits to the community.
B. Techniques.
1. Clustered Housing. When residences are clustered in design groups in a planned unit development with common open space, the clustered housing may, in lieu of the zone restrictions, be designed with building locations, lot sizes, yards and/or density standards as prescribed on the plat or on plans for the planned unit development approved by the city.
2. Bonus Density. When a plat, planned unit development, or other instrument is submitted under this chapter as an innovative development, and is of sufficient excellence in design and planning, a higher density may be allowed therein in accordance with PTMC 17.32.070.
3. Lot Area Averaging. Lot area may be varied. Except as provided in subsection C of this section, the combined area of all lots and the private common open space in the planned unit development shall be equal to the density or lot size allowed in the zone where located.
4. Flexible Yards. Yards may be reduced to zero provided the structures are shown on the plat or planned unit development and a 10-foot access for maintenance is given by yard and/or easement along each outside wall.
5. Residential Types. To achieve the most efficient use and conservation of land, energy, resources, view and terrain, mixed residential types may be designated and allowed in innovative residential planned unit developments as prescribed in this chapter.
C. Minimum Lot Size. The minimum permissible size for a single residential lot permitted through use of the incentives allowed in this chapter shall be 2,000 square feet.
D. Buyer Notification. The planned unit development plan shall note that the residences thereon constitute an innovative residential development and must be constructed as shown on the planned unit development plan. Building permits may be issued only for structure types and placements as shown on the planned unit development plan. Sales agreements and titles for land and residences sold in innovative residential developments shall note this restriction. (Ord. 3272 § 1 (Exh. D), 2021; Ord. 2571 § 2, 1997).
17.32.070 Modification of permitted densities – Bonus density.
A. Purpose for Bonus Densities. Bonus densities are intended to provide the incentive to encourage the development of affordable housing, provide additional public amenities, or preserve valuable natural or cultural resources and features. The satisfaction of any of the bonus density criteria specified in subsection D of this section is considered to be in the public interest and worthy of a bonus density.
B. Eligibility for Bonus Densities. Eligibility to obtain a bonus density is based upon site plan review and approval by the city after a public hearing. Such bonus densities may be granted to a deserving application if the PUD plan submitted is judged by the city to have achieved one or more of the bonus density criteria.
C. Maximum Bonus Density. The maximum bonus density allowed is limited to an additional 20 percent over the density allowed in the underlying zone. In zones where a bonus density may be allowed, either the bonus density allowance in these PUD provisions or that allowed in the zone may be utilized in the PUD, but not both. In instances where calculation of the 20 percent bonus density would result in a fractional dwelling unit, any fraction less than one-half shall be disregarded and fractions of one-half or greater shall allow one additional dwelling unit to be considered. Based upon attributes of a proposal and the characteristics of the development site, the city may determine that a bonus density of less than 20 percent is appropriate. In addition to criteria provided in this section, the density shall be compatible with the site’s natural constraints and the character and density of the surrounding area. Compatibility for bonus density shall also be determined by proximity of the site to arterials, transit service, employment and shopping areas and planned amenities.
D. Basis for Approval of Bonus Density. Upon submittal of the PUD application, the director shall review the proposed project and submit a report to the hearing examiner, containing recommendations and proposed findings of fact and conclusions with respect to the allocation of bonus densities for the project. The allocation of bonus densities should be based upon a comprehensive review of the entire project. It is the intention of this section to allow bonus densities where a PUD applicant proposes design attributes providing public benefits in addition to those required by local, state or federal land use or environmental regulations. Bonus densities will not be allowed for site design proposals which merely reflect mandatory requirements of local, state and federal codes or regulations. Consideration of the following criteria should be given, but need not be limited to these:
1. Preservation of Agricultural Land and Open Space and Natural, Historical and Cultural Features (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include the quality of agricultural soils; preservation and minimum disturbance of natural features and wildlife habitat; preservation of unique historical or cultural features; preservation of open space; dedication to the city of land within the city’s potential park or open space areas and corridor as designated in the comprehensive plan and as shown on the land use map; and preservation of air, sunlight and scenic resources.
2. Public Service and Facility Availability (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include the provision of public schools; public park or other public facilities and/or sites; bicycle and pedestrian pathway systems; public transit and arterial access to the site; and special site design for special needs residents to situate or cluster uses within a reasonable distance of fire and police protection, medical, shopping, church and other such amenities.
3. Energy Efficiency (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include preservation of solar access; south orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks and shading; common wall construction; transportation management strategies, including transportation demand management (“TDM”) strategies; the use of solar energy systems either passive or active for heating and/or cooling; energy conserving design of roadways and other structures; and higher insulation levels.
4. Public Recreation Facilities (Exceeding Mandatory Code Requirements). Items for consideration in meeting this criterion may include provision for public recreational features such as tennis courts, active play areas, swimming pools, passive open space areas, bicycle and pedestrian pathway systems.
5. Environmental Design (Exceeding Mandatory Code Requirements). Items for consideration in this section may include on-site designs providing regional benefits, including drainage control using natural drainage and landscaped drainage retention facilities; flood control measures, particularly those measures serving regional needs; significant public access provided to designated potential open space or park areas, shoreline areas, trails, scenic sites and viewpoints; provision for substantial and exceptional landscape treatment; and the use of recycled materials and resource conserving designs.
6. Affordable Housing (Exceeding Mandatory Code Requirements). Items for consideration include the provision of a mix of housing types, utilization of townhouses, condominiums and apartments directed to providing a reasonable mix or diversity of bona fide affordable housing opportunities for a diverse segment of the community. Bonus densities will also be allowed for projects providing low-income housing in market rate developments. In such developments and other developments seeking bonus densities for the provision of low-income housing opportunities, the amount of bonus will be linked to the level of affordability, i.e., the lower the cost or rental rate per unit, the greater the bonus afforded to the development. Density bonuses for low-income housing projects will be granted only where all of the following conditions are satisfied:
a. The developer must agree to sell or rent the units to qualifying residents (i.e., only low-income and very low-income households);
b. The developer must ensure the continued affordability of the units by qualified residents for a minimum of 40 years through the use of restrictive covenants or other deed restrictions approved by the city; and
c. The units must be of an innovative design and compatible with existing neighborhood character, with adequate assurances that such design and compatibility will be maintained throughout the 40-year period.
7. Provision of Innovative Design. Items for consideration include the provision of innovative design in a PUD similar, but not limited, to that described in PTMC 17.32.060(B). PTMC and innovative design which provides compact, attractive urban development in areas of the city identified through the comprehensive plan for infill development.
8. Other suitable items believed by the city to be worthy of consideration may also be included as bonus density criteria. (Ord. 3026 § 1 (Exh. A-6 § 4), 2010; Ord. 2982 § 5, 2008; Ord. 2571 § 2, 1997).
17.32.080 Modification of permitted uses – Commercial uses.
A. A planned unit development may allow commercial uses in residential zones which are not otherwise permitted in the underlying use zone only under the following circumstances:
1. The use shall be part of a planned development in which not more than 10 percent of the gross floor area of the development is devoted to a commercial use which is not otherwise permitted in the underlying use zone;
2. The use shall be supportive of and/or complementary to the other uses within a planned development and scaled to meet primarily the needs of the inhabitants of the project;
3. The use shall be compatible with the uses permitted on other properties in the surrounding area; and
4. There is public benefit to be realized by allowing the proposed use.
B. Basis for Approval of Commercial Uses in Residential PUDs. Commercial uses may be located within the planned unit development when the proposed development includes residential use as an integral component of the planned development and when commercial uses are situated and developed in such a manner as to be compatible with any residential uses that are existing or which could be developed in the adjoining residentially zoned area.
C. In proposing a commercial use in a residential zone, the applicant shall establish specific community economic need for the use and facilities. The PCD director may require a competent market analysis to demonstrate that need.
D. Building permits for commercial uses in a residential PUD situated within R-I, R-II, R-III and R-IV districts may not be issued until at least two-thirds of the proposed residential units are completed, including issuance of final certificates of occupancy. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.32.090 Modification of development standards.
A. The following development standards may be modified in approving a PUD application:
1. Building setbacks (excepting side yard setbacks and other setbacks adjacent to or abutting residentially zoned properties);
2. Height of building or structure in C-I/MU and C-II/MU zones, not to exceed 40 feet in the C-I/MU zone and 50 feet in the C-II/MU, C-II and M/C zones;
3. Required off-street parking spaces;
4. Landscaping requirements;
5. Lot size, except as provided in PTMC 17.32.060(C) (minimum lot size is limited to 2,000 square feet);
6. Lot width;
7. Engineering design standards;
8. Multifamily and mixed use development standards contained in Chapters 17.36 and 17.40 PTMC;
9. Maximum floor area ratio in the C-II/MU zone.
B. Standards which may not be modified or altered are:
1. Height of building or structure in all residential zones;
2. Shoreline regulations when the property is located in an area under the jurisdiction of the Port Townsend shoreline master program;
3. Standards pertaining to development in environmentally sensitive areas;
4. Regulations pertaining to nonconforming uses; and
5. Regulatory standards and requirements pertaining to the preservation of historic structures located within the National Register Historic District.
C. Basis for Approval of Alternative Development Standards. Approval of alternative development standards for PUDs differs from the variance procedure described in Chapter 17.86 PTMC in that rather than being based upon a hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a planned unit development shall be based upon the criteria listed in this section. In evaluating a planned development which proposes to modify the development standards of the underlying use zone, the city shall consider and base its findings upon the ability of the proposal to satisfy the following criteria:
1. The proposed planned development shall be compatible with surrounding properties, especially related to:
a. Landscaping and buffering of buildings, parking, loading and storage areas;
b. Public safety;
c. Site access, on-site circulation and off-street parking;
d. Light and shadow impacts;
e. Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration or other undesirable impacts;
f. Architectural design of buildings and harmonious use of materials;
2. The unique characteristics of the subject property;
3. The unique characteristics of the proposed use(s);
4. The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the planned development;
5. Visual impact of the planned development upon the surrounding area;
6. Public improvements proposed in connection with the planned development;
7. Preservation of unique natural features of the property; and
8. The public benefit derived by allowing the proposed alteration of development standards. (Ord. 3272 § 1 (Exh. E), 2021; Ord. 3129 § 1 (Exh. A), 2015; Ord. 2571 § 2, 1997).
17.32.100 Preliminary approval criteria.
The following criteria are the minimum measures by which each proposed PUD will be considered:
A. PUDs shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the city that all of the following have been satisfied:
1. The proposed PUD conforms to:
a. Port Townsend Comprehensive Plan;
b. All provisions of the Port Townsend Zoning Code which are not proposed for modification;
c. All engineering design standards which are not proposed for modification;
d. Critical Areas Ordinance (Chapter 19.05 PTMC); and
e. Any other applicable city, state or federal regulations, policies or plans, except those standards proposed for modification;
2. Utilities and other public services necessary to serve the needs of the proposed PUD shall be made available, including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other improvements that assure safe walking conditions for students who walk to and from school;
3. The probable significant adverse environmental impacts of the proposed PUD, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapters 19.04 PTMC and 43.21C RCW;
4. Approving the proposed PUD will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare;
5. The proposed PUD satisfies all criteria set forth in PTMC 17.32.070 through 17.32.090, as applicable; and
6. The proposed PUD will be superior to or more innovative than conventional development and will provide greater public benefit without additional probable significant adverse impacts to public health, safety or the environment, than available through the use of conventional zoning and/or development standards.
B. Notwithstanding approval criteria set forth in subsection A, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed PUD may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed PUD lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the PUD unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed PUD shall be issued by the city until flood control problems have been resolved.
C. Preliminary approval does not constitute approval to obtain any building permits or begin construction of the project. (Ord. 2571 § 2, 1997).
17.32.110 PUD review process.
A. An application for preliminary PUD approval shall be processed according to the procedures for Type III land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures.
B. PUD Consolidated with Short Subdivision. A PUD consolidated with a short subdivision application shall be reviewed for compliance with all standards and criteria in Chapter 18.12 PTMC.
C. PUD Consolidated with Full Subdivision. A PUD consolidated with a full subdivision application shall be reviewed for compliance with all standards and criteria in Chapter 18.16 PTMC.
D. PUD Consolidated with Binding Site Plan. A PUD consolidated with a binding site plan application shall be reviewed for compliance with all standards and criteria in Chapter 18.20 PTMC.
E. In addition to review under all requirements of PTMC Title 18, based on comments from city departments and applicable agencies, the city shall review the proposal subject to the criteria contained in this chapter, and shall approve any such proposal only when consistent with all the provisions of this chapter. (Ord. 2571 § 2, 1997).
17.32.120 Performance guarantees – PUD agreement.
To ensure that the development is carried out in accordance with the proposed design and the conditions of project approval, prior to final approval, the city shall require that the applicant enter into written agreement with the city, which agreement shall constitute CC&Rs binding upon all future purchasers, tenants and occupants of the PUD. Recordation of a signed PUD Agreement shall be a precondition to final approval of the PUD. The PUD agreement may include as applicable, and without limitation, the following:
A. An adequate guarantee providing for the permanent preservation, retention and maintenance of all open space and other public areas;
B. Where private reservation of open space area(s) are to be reserved and protected against building development, the applicant shall convey to the city an open space easement over such open space areas restricting the area against any future building or use except as is consistent with providing landscaped open space for the aesthetic and recreational enjoyment of the surrounding residences. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan;
C. The care and maintenance of open space reservations shall be assured either by establishment of appropriate management organization for the project or by agreement with the city for establishment of a special service district for the project area on the basis of which the city shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. The agreement shall provide the city with the right to carry out, and levy an assessment for the cost of, any maintenance as necessary if it is not otherwise taken care of to the satisfaction of the city. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final PUD plans and shall be included in the title to each property;
D. Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the city;
E. Where bonus densities are obtained for low-income housing development, the applicant shall provide an assurance that the low-income housing will be maintained on the property for not less than 40 years and that project design and measures to ensure compatibility with adjacent land uses shall be maintained throughout the 40-year term. (Ord. 2571 § 2, 1997).
17.32.130 Modifications to an approved PUD.
A. Minor modifications to a previously approved preliminary PUD may be requested by the applicant and approved by the PCD director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. However, minor modifications shall under no circumstances include:
1. Substantial modification or relocation of a lot, tract or parcel boundary line or the location or relocation of a street;
2. A reduction in any perimeter setback;
3. An increase in the residential density or gross floor area of the project;
4. A reduction of the area set aside for common open space;
5. Any relocation of the area set aside for common open space in a manner which makes it less accessible or usable to the public or the occupants of the development;
6. Any change in the landscape buffers resulting in a reduction in width or density of planting between the development and adjoining properties;
7. A substantial change in the points of access, including any change to a different street;
8. A substantial increase in the total ground area covered by buildings or other impervious surfaces;
9. Removal of trees or modification to other unique natural features that were required to be preserved under the conditions of the preliminary PUD approval; or
10. Any change that impairs or reduces the potential of the PUD to provide affordable or low income housing opportunities, if affordable housing is identified as a goal or requirement under the conditions of the preliminary PUD approval.
B. Before approving a minor modification, the PCD director shall make written findings and conclusions that the following exist:
1. The modification will not violate the terms and agreements of the PUD approval and the intent of the original conditions of approval is not altered;
2. The modification will not cause the PUD to violate any applicable city policy or regulation; and
3. The modification will not be inconsistent or cause the preliminary PUD to be inconsistent with the decision of the city preliminarily approving the application.
C. All modifications shall be documented of record in a revised planned unit development agreement or otherwise as determined by the director, in a form prepared by the applicant and approved by the director, and recorded at the applicant’s cost.
D. Modifications that involve any of the actions listed in subsections (A)(1) through (A)(10) of this section, or which fail to satisfy the required findings contained in subsection B of this section, shall be processed as a new PUD application. (Ord. 3287 § 5, 2022; Ord. 3026 § 1 (Exh. A-6 § 5), 2010; Ord. 2892 § 1, 2005; Ord. 2700 § 25, 1999; Ord. 2571 § 2, 1997).
17.32.140 Building and occupancy permits – Issuance after final PUD approval.
A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved PUD prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exists.
B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved PUD until either:
1. All required improvements which will serve the subject lot or parcel have been constructed and the city has accepted a properly executed bill of sale for such improvements; or
2. All required improvements have been bonded or otherwise guaranteed; or
3. An improvement bond in an amount adequate, in the determination of the public works director, to guarantee construction of those required public improvements necessary to serve the lot or parcel for which a building permit is sought, has been accepted by the city.
C. No occupancy permit for a structure other than a temporary contractor’s office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved PUD prior to final inspection and approval of all required improvements which will serve such lot or parcel to the satisfaction of the public works director and the city building official. (Ord. 2571 § 2, 1997).
17.32.150 Final PUD plan requirements.
A. The applicant must submit a reproducible copy of the proposed final PUD plan to the PCD director.
B. PUDs Consolidated with Subdivision or Short Subdivision Approval. Where the PUD is consolidated with a short subdivision or full subdivision, the applicant shall submit all information required for submittal under Chapter 18.12 PTMC (Short Subdivisions) or Chapter 18.16 PTMC (Full Subdivisions) as applicable.
C. PUDs Consolidated with Binding Site Plan Approval. Where the PUD is consolidated with a binding site plan application, the applicant shall submit all information required for submittal under Chapter 18.20 PTMC (Binding Site Plans).
D. In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a PUD, a typewritten copy of such covenants, bearing all necessary signatures, shall be submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of PUD approval, the PCD director shall approve and sign the deed restriction or CC&Rs prior to final PUD approval. The CC&Rs shall clearly delineate the provisions which the city has imposed as a condition of PUD approval and those provisions voluntarily imposed by the applicant/declarant for private purposes. The CC&Rs shall provide that the city will not enforce any private CC&R provisions.
E. The final PUD plan shall be accompanied by a current (within 30 days) title company certification of:
1. The legal description of the total parcel subject to the application;
2. Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plan prior to final approval;
3. Any lands to be dedicated to the city shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate;
4. Any easements or restrictions affecting the property with a description of purpose and referenced by the auditor’s file number and/or recording number; and
5. If lands are to be dedicated or conveyed to the city as part of the proposal, an A.L.T.A. title policy may be required by the public works director.
F. The applicant shall submit for final approval any PUD agreement which may be required in conformance with PTMC 17.32.120.
G. The final PUD plan shall be processed as a Type IV application as set forth in Chapter 20.01 PTMC, Land Development Administrative Procedures, and shall be approved by the city council upon satisfaction of all conditions of approval and all requirements as provided in this section. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.32.160 Time limitation on final PUD submittal.
Approval of a preliminary PUD shall expire unless the applicant submits a proposed final PUD with all supporting documents in proper form for final approval within five years after preliminary approval. (Ord. 2571 § 2, 1997).
17.32.170 Filing of final PUD plan.
Upon review and approval of the final PUD, the PCD director shall return the original to the applicant for recording. The final PUD plan shall be filed in accordance with the applicable procedures provided in PTMC Title 18. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).