Chapter 17.80 PLANNED UNIT DEVELOPMENT

The purpose of a planned unit development is to provide opportunities to create a desirable environment through the application of flexible design and development standards to tracts of land under common ownership or control. Planned unit development is intended to encourage a creative approach in the development of land in an efficient and aesthetic manner and to provide a desirable use of open areas, while maintaining substantially the same dwelling unit density and area coverage permitted in the zone in which the project is located. It is intended to achieve economy in development and maintenance while providing privacy, usable open space, safe pedestrian and vehicular circulation and compatible relationships between different land uses. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.020 Land areas included.

Planned unit developments may be established only in districts zoned to permit residential uses as an essential or primary use and only in accordance with the provisions of this chapter. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.030 Permitted uses.

Only residential uses as allowed in the underlying zone are permitted within planned unit developments; provided, that for purposes of this planned unit development chapter, a dwelling, one-family, as defined in WRMC 17.09.050, may be constructed to include dwellings attached by common walls; and provided further, that accessory incidental limited retail uses or commercial uses incidental to a residential neighborhood may be permitted where such uses enhance the character of the planned unit development. Building permits or occupancy permits for such commercial or retail uses shall not be issued until all streets and utilities are completed and one-half of the total project residential units are completed. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.040 Application of zoning regulation.

The approval of a planned unit development may include modifications in the requirements and standards of the underlying zoning classifications of the property upon which the project is located, subject to the limitations provided by the standards set forth in this chapter. If the land within the proposed planned unit development is also to be subdivided or short subdivided, compliance with applicable West Richland Municipal Code and Washington code provisions is also required. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.050 Standards.

The following standards and requirements shall apply to all planned unit developments:

A. The maximum number of developable units or the dwelling unit density allowed is determined by dividing the minimum lot area allowed in the underlying zone into the net land area of the project. Development occurring in a single-family residential district may exceed by 10 percent the average dwelling unit density permitted by the underlying zone. Development occurring in multifamily districts may exceed by 20 percent the average dwelling unit density permitted by the underlying zone;

B. The perimeter of the project shall be aesthetically compatible with the land use of adjoining properties. Perimeter lots adjoining or abutting property outside the project shall comply with the requirements of the underlying zone, or shall be screened in an aesthetic manner from adjoining properties so as to protect such adjacent lots from visual and audible impacts from the project which are inconsistent with the underlying zoning;

C. Improvements on the site shall be visually muted by adequate landscaping so as to provide a compatible effect as seen from the adjoining properties;

D. One or more major egress circulation points must be functionally connected to a public arterial or collector street or streets;

E. Open space shall be arranged so as to be an integrated part of the project, not isolated and apart therefrom;

F. A minimum of 25 percent of the land area of every planned unit development project shall be comprised of open space, as defined in WRMC 17.09.160, of which required recreational space, as defined in WRMC 17.09.190, may be included;

G. Water and sewer systems shall be publicly owned and designed to city standards;

H. Streets may be private or public. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.060 Application.

A. The process to be followed in the application for a planned unit development shall consist of four procedures:

1. Conceptual review by the planning/technical committee in accordance with WRMC 17.80.080;

2. Review of the preliminary development plan by the planning commission and recommendation to the city council in accordance with WRMC 17.80.090 through 17.80.110;

3. Approval of the preliminary development plan by the city council in accordance with WRMC 17.80.120; and

4. Approval of the utility and street plans by the city engineer and approval of the final development plan by the city council in accordance with WRMC 17.80.160 and 17.80.180.

B. Application and review of the planned unit development preliminary development plan and application and review for final approval of the planned unit development final development plan may be combined and reviewed together.

C. If any property within the proposed planned unit development is also to be subdivided, then preliminary plat approval of the subdivision shall not be granted until such time as the final development plan of the planned unit development is approved by the city council. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.070 Phased development.

Construction of a planned unit development project may be phased. If construction of the planned unit development is to be phased, the application for the planned unit development shall include all property to be included in the completed planned unit development and shall include a description of each phase of the project and a time schedule for completion of each phase. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.080 Conceptual review.

Prior to making application for preliminary development plan review the applicant shall meet with the planning/technical committee to study and review the proposed planned unit development. Prior to said meeting, the applicant shall submit to the planning/technical committee such plans and information as the committee may require. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.090 Application procedure – Preliminary development plan.

The applicant shall submit to the community development department copies of the preliminary plan material, including the following:

A. Legal description of the project and site location map of the property;

B. A proposed site plan and/or drawings showing the principal topographic contours and designated placement, location and principal dimensions of buildings, streets, parking areas, recreational areas, other open space and landscaping areas;

C. Preliminary elevation and perspective drawings of project structures and improvements;

D. Description of the special features of the development;

E. A text describing conditions or features which cannot be adequately displayed on maps or drawings;

F. A description of plans for covenants, restrictions, uses and continuous maintenance provisions for the project;

G. The following plans and diagrams:

1. A survey of the property, showing existing features, including contours, buildings, structures, streets, utility easements, rights-of-way, and existing land use;

2. An off-street parking plan;

3. A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development and to and from existing and planned thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown;

4. Preliminary landscape plans;

5. A topographic map or model of the site and surrounding vicinity;

6. Preliminary drainage plan;

7. Proposed source of water supply, electric supply, and sewage disposal;

8. Preliminary layout of water and sewer system;

9. Lighting plan;

10. Plot plan showing minimum lot area, lot dimensions, lot coverage and yard requirements and the building heights;

H. Filing fee;

I. A report from a title insurance company showing ownership of the property involved and a list of names and addresses of all property owners within 600 feet of the proposed planned unit development;

J. A completed State Environmental Policy Act (SEPA) checklist on forms provided by the city; and

K. A proposed development schedule. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.100 Public hearing on preliminary development plan.

As per WRMC Title 14. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.110 Planning commission recommendation.

The planning commission shall review the application and the preliminary development plan, preliminary plat drawings, and preliminary plan materials at a regular meeting and may, after public hearing, on the vote of a majority of the total members of the planning commission, disapprove the application or recommend to the city council that preliminary approval be granted, subject to such changes therein or impose such conditions of approval, if any, as are in its judgment necessary to ensure conformity to all pertinent standards and regulations. A recommendation shall be based on the planning commission’s written findings of fact as to:

A. Whether the proposed project will be detrimental to present and potential surrounding land use or will have a beneficial effect;

B. Whether land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible;

C. Whether streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project;

D. Whether utility services and other improvements, existing and proposed, are adequate for development;

E. Whether each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment;

F. Whether the proposed development will implement the goals and objectives of the comprehensive plan and WRMC 17.80.010 through 17.80.050.

The determination of the planning commission to approve the application or to approve the application with modifications shall be forwarded to the city council. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.120 Council consideration of preliminary development plan.

Upon receipt of an application for a planned unit development from the planning commission other than an appeal of the planning commission’s disapproval of an application, the city council shall approve the planning commission’s decision with or without modifications, or remand the application to the planning commission for reconsideration, or disapprove the application. The public hearing before the planning commission, as provided for by WRMC 17.80.100, shall constitute the public hearing by the city council and no further public hearing before the city council shall be required. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.130 Planning commission disapproval of application – Council consideration of appeal.

Disapproval of an application for a planned unit development by the planning commission shall be final unless appealed in writing to city council within 14 days of the date of the decision. If the decision of disapproval is appealed to the city council, the council shall schedule a public hearing, notice of which shall be given as set forth in WRMC 17.80.100, and review the planning commission’s findings of fact and either affirm the decision of the planning commission and deny the application, remand the application for further consideration by the planning commission or, based upon the council’s own findings of fact, approve the application with or without modifications. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.140 Decision of the city council final – Statute of limitations for appeal.

The decision of the city council, either approving the application or denying the application of the planned unit development, shall be final unless appealed to the superior court of the state of Washington within 14 days from the date of the decision. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.150 Final development plan.

Within 12 months following approval of the preliminary development plan, the applicant shall file with the community development department a final development plan conforming to the approved preliminary development plan. Failure of the applicant to file a final development plan within 12 months following the approval of the preliminary development plan shall automatically revoke the city council’s approval of the application for the planned unit development and shall be deemed a denial and disapproval of the application and terminate all of the applicant’s rights under the application.

In addition to the information required under WRMC 17.80.090 for the preliminary development plan, the final development plan shall include the following:

A. Elevations and perspective drawings of project structures and improvements, including architectural features, exterior finishings, aesthetic details and landscaping;

B. Agreements, covenants, restrictions or other provisions which will govern the use and maintenance and assure continued protection of the planned unit development in a form sufficient to be recorded with the county auditor;

C. A preliminary plat or a final plat of the area if subdivision of the planned unit development is intended or required;

D. Development schedule of construction;

E. Originals of the final utility improvements plans, street plans, etc.;

F. Plan review and inspection fee;

G. Quantity take-off and cost estimate of public improvements;

H. Any other information necessary to demonstrate compliance with the approval of the preliminary development plan;

I. Properly executed deeds or easements for roads, utilities, recreational areas or other property to be transferred to the city.

No final development plan shall be deemed acceptable for filing unless all of the above information is submitted in accurate and complete form as required by the community development department. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.160 Public meeting – Final development plan.

The final development plan shall be considered at a public meeting before the city council. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.170 Bond required.

No final development plan shall be implemented until the applicant files with the city finance director a performance bond or cash in lieu of bond, approved by the city, executed by a surety company authorized to do business in the state of Washington, in an amount equal to 125 percent of the public works department’s estimate of the cost of all public improvements, utilities, and all landscaping portions of the final development plan, and further conditioned upon the petitioner’s completion of said public improvements, utilities and landscaping portions of the project according to the submitted final development plan and the provisions of this chapter and, in addition; provided, that no change, extension of time, alteration or addition to the project will in any way affect the obligation of the bond or cash deposit. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.180 Final development plan – Effect.

Approval by the city council of the final development plan for a planned unit development and filing of a bond as provided in WRMC 17.80.170 shall authorize the owner or owners of the parcel or parcels encompassed within the planned unit development to proceed with the project, acting in concert, and shall bind such owner or owners to the implementation of such final development plan and to the construction, inspection and maintenance of the planned unit development in strict accordance with such approved plan and the provisions of this or other applicable ordinances and regulations. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.190 Permits.

The building inspector shall issue building permits for buildings and structures which conform with the final development plan of the planned unit development and with all other applicable city ordinances and regulations. The building inspector shall issue a certificate of occupancy for completed building or structure which conforms to the requirements of the approved final development plans and all other applicable city ordinances and regulations; provided, however, that the construction and development of all public improvements, utilities, landscaping, open spaces and public and recreation facilities of each project phase must be completed before any certificate of occupancy will be issued. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.200 Adjustments.

No change may be made in the approved final development plans during the construction of the project except upon application to the community development department, approval by the planning commission, after public hearing held thereon with notice given in the manner provided in WRMC 17.80.100 and approval by the city council; provided, however, that the mayor is authorized to allow minor adjustments in the development schedule, landscape plan, location, placement, height, or dimension of buildings and structures or the adjustment of lot lines, not to exceed an alteration of two feet in height or 10 feet in any other direction, if such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plan; provided, that such adjustments shall not increase the total amount of floor space authorized in the approved final development plan, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to any boundary line, or change any points of ingress or egress to the site. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.210 Termination of planned unit development.

A. If construction of the public improvements, streets, and utilities has not commenced within two years from the date of approval of a final development plan, or if the project is a phased construction project, within two years from the date that construction of the particular phase was scheduled to commence, or if construction of the public improvements, streets and utilities has commenced but work has been abandoned for a period of one year or more, and if no extension of time has been granted as in WRMC 17.80.220 and 17.80.230, the authorization granted for the planned unit development project shall terminate without further notice or proceedings and all permits and approvals issued pursuant to such authorization shall expire and be null and void.

B. In the alternative and at the city’s sole discretion, the city may elect to proceed against the bond provided by the applicant in accordance with WRMC 17.80.170, or seek any other legal remedy. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.220 Extension of time.

A. Upon request from the applicant/developer for an extension of time or adjustment in the time schedule, a public hearing, with notice given as provided in WRMC 17.80.100, shall be held before the planning commission. The planning commission may either deny the request or recommend to the city council approval of the request; provided, that approval of the request shall be based on good cause as shown by the applicant/developer and only upon specific findings by the planning commission that:

1. Unforeseen circumstances or conditions have caused the delay in development; and

2. Termination of the authority for the project would result in an unreasonable hardship to the developer or to the owners of the land involved; and

3. An extension of time will not cause substantial detriment to the neighboring property owners or to the community.

B. The city council, at a public meeting, shall either approve the specific findings of the planning commission and grant the extension of time or adjustment in the time schedule or deny the request.

C. Any extension of time or adjustment in the time schedule shall not exceed a period of one year. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 477 § 1, 1982].

17.80.230 Enforcement – Failure to meet approved development plan.

A. If the applicant/developer fails to follow the approved development plan and/or schedule, the city may initiate proceedings to repeal the authorization granted for the planned unit development. After public hearing, the planning commission shall recommend to the city council either repeal of the authorization granted for the planned unit development or, based upon good cause shown by the applicant/developer, that the city council grant an extension of time or adjustment of the time schedule for the development; provided, that a recommendation for an extension of time or adjustment in the time schedule shall be only after the planning commission makes the specific findings as set forth in WRMC 17.80.220(A). Any extension of time or adjustment in the time schedule shall not exceed one year.

B. The city council, at a public meeting, shall act on the recommendation of the planning commission to repeal the authorization for the planned unit development or to grant an extension of time or adjustment in the time schedule. The decision of the city council to repeal the authorization for the planned unit development shall be final unless appealed to the superior court of the state of Washington within 14 days of the date of the decision.

C. Nothing contained in this section or any other section of this chapter shall prohibit the city from proceeding against the bond posted by the developer. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.240 Application.

The provisions of this chapter shall apply to all planned unit development projects for which applications are filed after the effective date of the passage of the ordinance codified in this chapter. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.250 Fee.

Repealed by Ord. 16-15. [Ord. 23-14 § 2 (Att. B), 2014; Ord. 40-07 § 1, 2007].

17.80.260 Definitions.

Repealed by Ord. 21-20. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.80.270 Severability.

The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of this application to other persons or circumstances. [Ord. 21-20 § 32, 2020; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].