HomeMy WebLinkAbout5991ORDINANCE NO. 5 9 9 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 14.02.040, 14.08.010 AND 16.10.030 OF
THE AUBURN CITY CODE, AND REPEALING
CHAPTER 18.69 OF THE AUBURN CITY CODE
RELATING TO PLANNED UNIT DEVELOPMENTS
WHEREAS, the current provisions of the Auburn City Code (ACC) include
an alternative to regular platting and zoning requirements through use of the
Planned Unit Development -ACC Chapter 18.69; and
WHEREAS, based on recent PUD -platting applications and how the City
has had to contend with them, the City Council finds that although PUDs were
intended to afford applicants flexibility in the standards for their development, the
benefits to the City and the community do not always seem to off-set the impacts
stemming from the relaxation of the regular standards for development; and
WHEREAS, it would therefore be more in keeping with the needs of the
City and the community to utilize a development agreement, as authorized by
Sections 36.70B.170 - 210 of the Revised Code of Washington (RCW), as an
alternative to PUDs, where the benefits, accommodations and their off-sets can
be negotiated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. AMENDMENT TO CITY CODE. That Section 14.02.040 of the
Auburn City Code is amended to read as follows:
Ordinance No. 5991
April 11, 2006
Page 1 of 23
14.02.040 Development regulations.
"Development regulations" means the controls placed on development or
land use activities by the city, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official controls, wed
and subdivision ordinances together with any
amendments thereto. A development regulation does not include a decision to
approve a project permit application, as defined in ACC 14.02.070, even though
the decision may be expressed in a resolution or ordinance of the city. (Ord.
4835 § 1, 1996.)
2. AMENDMENT TO CITY CODE. That Section 14.08.010 of the
Auburn City Code is amended to read as follows:
14.08.010 Required elements.
A. During project review, the city or any subsequent reviewing body
shall determine whether the following items are defined in the development
regulations applicable to the proposed project or, in the absence of applicable
regulations, the city's adopted comprehensive plan. At a minimum, such
applicable regulations or plans shall be determinative of the:
1. Type of land use permitted at the site, including uses which may be
allowed under certain circumstances, such as
conditional and special uses, if the criteria for their approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the
comprehensive plan, if the plan or development regulations provide for funding of
these facilities as required by Chapter 36.70A RCW.
B. During project review, the city or any subsequent reviewing body
shall not re-examine alternatives to or hear appeals on the items identified in
subsection A of this section, except for issues of code interpretation.
C. Nothing in this section limits the authority of the city to approve,
condition, or deny a project as provided in its development regulations under
Chapter 36.70A RCW and in its policies adopted under RCW 43.21 C.060.
Project review shall be used to identify specific project design and conditions
relating to the character of development, such as the details of site plans, curb
cuts, drainage swales, transportation demand management, payment of impact
fees or other measures to mitigate a proposal's probable adverse environmental
impacts, if applicable. (Ord. 4835 § 1, 1996.)
3. AMENDMENT TO CITY CODE. That Section 16.10.030 of the
Auburn City Code is amended to read as follows:
Ordinance No. 5991
April 11, 2006
Page 2 of 23
16.10.030 Applicability -Regulated activities.
A. The provisions of this chapter shall apply to any activity that
potentially affects a critical area or its buffer unless otherwise exempt. Such
regulated activities include but are not limited to:
1. Removing, excavating, disturbing or dredging soil, sand, gravel,
minerals, organic matter, or materials of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or water table, or
diverting or impeding water flow;
4. Driving pilings or placing obstructions;
5. Constructing, reconstructing, demolishing, or altering the size of
any structure or infrastructure;
6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would alter the character of or
impact a critical area;
7. Release of contaminants to soil or water;
8. Activities that result in significant changes in water temperature,
physical or chemical characteristics of water sources, including quantity and
pollutants; and
9. Any other activity potentially affecting a critical area or buffer not
otherwise exempt from the provisions of this chapter as determined by the
director.
B. To avoid duplication, the following permits and approvals shall be
subject to and coordinated with the requirements of this chapter: land clearing;
grading; subdivision or short subdivision; building permit;
shoreline substantial development; variance; conditional use
permit; and any other permits that may lead to the development or alteration of
land.
C. Administrative actions, such as rezones, annexations, and the
adoption of plans and programs, shall be subject to the requirements of this
chapter. However, the director may, using discretion, permit any studies or
evaluations required by this chapter to use methodologies and provide a level of
detail appropriate to the administrative action proposed. (Ord. 5894 § 1, 2005.)
4. REPEAL OF CHAPTER IN CITY CODE. That Chapter 18.69 of
the Auburn City Code (Exhibit "A" hereto) is repealed.
5 SEVERABILITY. The provisions of this Ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
Ordinance No. 5991
April 11, 2006
Page 3 of 23
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
6 IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
7 EFFECTIVE DATE. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
ATTEST:
^. ~.~
Dan' Ile E. Daskam,
City Clerk
APP O\/E TO FORM:
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Daniel B. He' ,
City Attorney
Publication: ~ ~ Z~` z OU
INTRODUCED:
PASSED:
APR 1 7 2006
APR 1 7 2006
APPROVED:
APR 1 7 2006
OF AUB
1
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PETER B. LEWIS
MAYOR
Ordinance No. 5991
April 11, 2006
Page 4 of 23
EXHIBIT "A" -ACC CHAPTER BEING REPEALED
(PUD) DISTRICT
Sections:
18.69.010
18.69.020
18.69.030
18.69.040
18.69.050
18.69.060
18.69.070
18.69.080
18.69.090
18.69.100
18.69.110
18.69.120
18.69.130
18.69.140
18.69.150
18.69.160
18.69.170
18.69.180
18.69.190
18.69.200
18.69.210
Chapter 18.69
PLANNED UNIT DEVELOPMENT
Purpose.
Process.
Definitions.
Location and size.
Permitted uses.
Calculation of number of dwelling units.
Development standards.
Design requirements.
Public infrastructure requirements.
Application for rezone approval of PUD designation.
Phased developments.
Concurrence with subdivision regulations.
Administrative review.
Hearing examiner review.
Findings of fact.
City council action.
Time limitations.
Binding site plan approval.
Adjustments to the PUD binding site plan.
Property owners' association.
Final site plan approval/construction permits.
18.69.010 Purpose.
The purpose of a planned unit development (PUD) district is to offer
enhanced flexibility to develop a site through innovative and alternative
development standards. A PUD district also allows for a greater range of
residential development scenarios, provides for internal transfers of density, and
may result in more dwelling units than may be realized by using the existing
development standards. In exchange for this enhanced flexibility, the city will
require the PUD to result in a significantly higher quality development, generate
more public benefit and be a more sensitive proposal than would have been the
case with the use of standard zoning or subdivision procedures.
In order for a PUD to be approved it will be the applicant's responsibility to
demonstrate, to the city's satisfaction, that the proposed PUD achieves or is
consistent with the following desired public benefits and expectations in whole or
in part.
A. Preservation of Natural Amenities. Preservation of desirable site
characteristics such as open spaces and the protection of sensitive
Ordinance No. 5991
April 11, 2006
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environmental features including steep slopes, mature trees, rivers, creeks,
wetlands, lakes and scenic views.
B. Pedestrian Oriented Communities. Use of traffic management and
design techniques to reduce traffic congestion and increase the potential use of
alternative modes of travel such as mass transit, pedestrian and bicycle traffic.
C. Land Use Efficiencies. Provide efficient and effective use of land,
open space and public facilities that result in lower development cost and make
housing more affordable.
D. Improved Transitional Areas. Improve the sensitive development of
transitional areas located between different land uses, environmentally sensitive
areas, and along significant corridors within the city.
E. Implementation of the Comprehensive Plan. Provide development
that is consistent with the goals and policies of the comprehensive plan. PUDs
may also allow for a small amount of development from other comprehensive
plan designations if determined to be appropriate for the PUD and its
surroundings.
F. Enhanced Design Features. Provide building and structural designs
that complement surrounding land uses and their environment. Design standards
should reflect quality site planning, landscaping and building architecture.
G. Creation of Public Amenities. Enhance parks and open spaces
consistent with the comprehensive park plan and nonmotorized plan.
H. Affordable Housing. Provide affordable housing options in
accordance with the targets established by the King County countered planning
policies and Auburn's comprehensive plan. (Ord. 5141 § 1, 1998.)
18.69.020 Process.
The approval process for planned unit developments (PUDs) is three
steps. The first step is the rezone approval of the PUD by the hearing examiner
and city council. The second step is the approval of either a preliminary plat, a
binding site plan, or a combination of both. The third step is the approval of either
a final plat, a final site plan by the planning director or a combination of both.
Step two may be combined with step one.
A. Step One -Rezone Approval. Approval of a PUD shall be applied
by the rezone process as specified in Chapter 18.68 ACC. The rezone shall be a
contract rezone and shall establish the land uses, density, number and types of
dwelling units, number and distribution of lots/units, any modification of plat
development standards, general street layout, street right-of-way widths, whether
streets are public or private, the amount, type, and location of open space and
park land, phasing plans if any, and the responsibilities of the owner/developer.
Application for rezone approval shall be in accordance with ACC 18.69.110.
B. Step Two -Preliminary Plat/Binding Site Plan Approval. For those
PUDs that consist of only single-family or duplex platted lots a preliminary plat
may be filed pursuant to Chapter 17.06 ACC. For those PUDs that contain
structures with three or more dwelling units or nonresidential uses then a binding
Ordinance No. 5991
April 11, 2006
Page 6 of 23
site plan must be approved for those uses. Preliminary plat/binding site plan
approval must be concurrent if a PUD requires both approvals. Preliminary
plat/binding site plan applications may be for all or a portion of the area zoned for
the .PUD. Applications for a binding site plan shall be in accordance with ACC
18.69.180.
C. Step Three -Final Plat/Final Binding Site Plan Approval. Final plats
shall be approved pursuant to Chapter 17.10 ACC. Final binding site plan
approval shall be by the planning director. Application for final binding site plan
approval shall be in accordance with ACC 18.69.210. (Ord. 5141 § 1, 1998.)
18.69.030 Definitions.
For the purposes of this chapter:
A. "Density" means the maximum number of dwelling units per acre
allowed within a given area.
B. "Department" shall refer to the city of Auburn department of
planning and community development.
C. "Gross area" (also referred to as gross acreage or gross usable
area) shall be defined as all of the area within the boundaries of the entire PUD
site including all public and private parcels, rights-of-way, open spaces, common
areas, and dedications.
D. "Impervious surface areas" means the area of all portions of the site
covered by hard surfaces such as buildings, sidewalks, driveways, garages,
patios and other paved areas.
E. Lot Types.
1. Detached. "Detached lots" are lots which the structure on the lot is
set back from all the lot lines.
2. Zero Setback. "Zero setback lots" are lots which the structure on
the lot does not have a set back from one of the interior side lot lines and is not
attached to another structure on an adjoining lot. The structure is set back from
all remaining lot lines.
3. Semi-Detached. "Semi-detached lots" are lots which the structure
on the lot does not have a setback from one of the interior side lot lines and is
attached to another structure on an adjoining lot which shares the same side lot
line. The structure is set back from all remaining lot lines.
4. Attached. "Attached lots" are lots which the structure on the lot
does not have a setback from either of the interior side lot lines and is attached to
another structure on the adjoining lot. The structure is set back from all remaining
lot lines.
F. "Net area" (also referred to as net acreage or net usable area) shall
be defined as the gross area minus the area designated as nonbuildable areas
and nonresidential uses.
G. "Nonbuildable areas" include slopes that exceed 25 percent
measured between each 25-foot contour line; wetlands delineated pursuant to
the definition of "wetlands" contained within ACC 16.06.030; or floodways as
Ordinance No. 5991
April 11, 2006
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defined by ACC 15.68.060(1). Slopes, wetlands, or floodways, that are allowed to
be modified by the city, and wetland buffers, may be considered buildable and
therefor their area can be used to calculate the number of units allowed in a PUD
pursuant to ACC 18.69.060.
H. "Open space" may include such features as landscaped areas, held
in common ownership by a homeowners' association of the PUD and part of a
landscape plan common to the entire PUD, passive and active recreation uses,
natural features, environmental amenities such as wetlands and its buffers, and,
storm water facilities that incorporate any or all of the above identified features.
Open space areas shall be required to be enhanced if not already an existing
amenity. The open space must be a permanent, integral, functional and
maintained amenity that is for the common good and enjoyment of the residents
of the entire PUD and not just to an individual lot or resident.
I. "Private street" means any access easement, tract or street which
is not a public street. Driveways which are not part of an access easement, tract
or street shall not be considered a street.
J. "Public street" includes all streets, highways, freeways, avenues,
lanes, courts, places or other public rights-of-way in the city held in public
ownership and intended to be open as a matter of right to public vehicular traffic.
K. "Underlying zoning district" means that zoning district(s) existing on
the property at the time the PUD rezone was approved for the specific PUD.
(Ord. 5141 § 1, 1998.)
18.69.040 Location and size.
A. A PUD may be allowed within any residential comprehensive plan
map designation within the city of Auburn except the rural residential designation.
B. Each PUD shall have a minimum area of 10 acres, unless the
applicant can demonstrate the existence of one of the following:
1. Unusual physical features of the property or of the surrounding
neighborhood are such that development of the proposed PUD will preserve a
physical or topographic feature of importance to the neighborhood or community
that would not otherwise be preserved if the property were developed with the
existing zoning of the property.
2. The property is directly adjacent to or across aright-of-way from
property which has been developed previously as a PUD or a similar planned
unit residential development and will be perceived as and will function as an
extension of that previously approved development. (Ord. 5141 § 1, 1998.)
18.69.050 Permitted uses.
A. Residential. Permitted residential uses in the PUD shall be
consistent with the existing, underlying comprehensive plan map designation and
may include detached lots, zero setback lots, semi-detached lots, attached lots
and multi-unit structures. No more than 40 percent of the total number of dwelling
units within the single-family comprehensive plan designated areas of the PUD
Ordinance No. 5991
April 11, 2006
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may be attached, semi-attached or multi-unit structures and contain no more
than four units per any structure. Accessory residential uses shall be consistent
with those as allowed by the underlying zoning district.
B. Nonresidential. In PUDs that have at least 500 residents,
nonresidential uses may be permitted in accordance with the Neighborhood
Shopping District, Chapter 18.24 ACC. The amount of nonresidential land uses,
not otherwise allowed by existing zoning, shall be calculated at the rate of 70
square feet per each resident within the PUD. The method to calculate the
number of residents of the PUD shall be based upon the methodology the city
uses in its annual population estimate. The total area of nonresidential uses may
not exceed 10 percent of the net area of the PUD. The area may be less or not
allowed at all if existing, nearby nonresidential areas can adequately serve the
PUD. Nonresidential uses shall be constructed such that the appearance shall be
consistent with the overall residential character of the PUD. (Ord. 5141 § 1,
1998.)
18.69.060 Calculation of number of dwelling units.
The maximum number of dwelling units allowed in a PUD is calculated in
the following manner:
A. Nonbuildable areas and land set aside for nonresidential land uses
are subtracted from the gross area of the site to determine the net usable area of
the site.
B. The number of acres of the net usable area of the site is multiplied
by the residential densities allowed in the comprehensive plan to produce the
maximum number of dwelling units. Any fractions may be rounded up to the
nearest whole number as long as the densities as outlined in subsection C of this
section are not exceeded.
C. Residential densities allowed by the comprehensive plan and
illustrated on the comprehensive plan map are as follows:
Allowable Residential Densities
Comprehensive Plan
Map Designation
Maximum Number of
Dwelling Units Per Acre
Single-family
Moderate density residential
High density residential
(Ord. 5141 § 1, 1998.)
6 units per acre
12 units per acre
18 units per acre
18.69.070 Development standards.
The following development standards will apply for each PUD
development within each of the following comprehensive plan map designated
areas.
Ordinance No. 5991
April 11, 2006
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A. Single-Family Density.
Lot Type Lot Area Setbacks(1)(2) Building Height
Min. Lot Lot Lot Side
sq. ft. Depth Width Coverage Front Rear Side Street Main Acc.
Detached 3,600 na 40' 40% 20'/15' 20' 5' 10' 30' 16'
Attached 2,700 na 30' 40% 20'/15' 20' 0' 10' 30' 16'
Zero 2,700 na 30' 40% 20'/15' 20' 0'/5' 10' 30' 16'
Semi-detached 2,700 na 30' 40% 30'/15' 20' 0'/5' 10' 30' 16'
B. Moderate Density Multifamily.
Lot Type Lot Area Setbacks(1)(2) Building Height(3)
Min. Lot Lot Lot Side
sq. ft. Depth Width Coverage Front Rear Side Street Main Acc.
Detached 3,600 na 30' 50% 20'/15' 15' 5' 10' 35' 16'
Attached 2,700 na 20' 50% 20'/15' 15' 0' 10' 35' 16'
Zero 2,700 na 30' 50% 20'/15' 15' 0'/5' 10' 35' 16'
Semi-detached 2,700 na 30' 50% 20'/15' 15' 0'/5' 10' 35' 16'
C. High Density Multifamily.
Lot Type Lot Area Setbacks(1)(2) Building Height(3)
Min. Lot Lot Lot Side
sq. ft. Depth Width Coverage Front Rear Side Street Main Acc.
Detached 2,400 na 30' 60% 20'/15' 15' 5' 10' 35' 16'
Attached 1,800 na 20' 60% 20'/15' 15' 0' 10' 35' 16'
Zero 2,400 na 30' 60% 20'/15' 15' 0'/5' 10' 35' 16'
Semi-detached 2,400 na 30' 60% 20'/15' 15' 0'/5' 10' 35' 16'
(1) Detached accessory structures shall meet all of the required setbacks
except those that do not have vehicular entrances may setback 5 feet from the
rear property line.
(2) Front yard setbacks may be 15 feet except for garages or similar
structures for vehicles the setback shall be 20 feet.
(3) Buildings, not including accessory structures, within the multi family
areas may increase its height above 35 feet if an additional 10 feet of setback is
provided for each foot the building exceeds 35 feet. In no case shall the building
height exceed 50 feet. Buildings at the perimeter of a PUD shall in no case be
higher than what is allowed in the adjoining zoning district. (Ord. 5141 § 1, 1998.)
18.69.080 Design requirements.
A. Open Space.
1. Each PUD shall contain open space as defined by ACC
18.69.030(H). The amount of the open space shall be at least 20 percent of the
gross area of the PUD. Nonbuildable areas may be used to meet no more than
50 percent of the open space area required by this section.
Ordinance No. 5991
April 11, 2006
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2. The PUD shall also meet the city's park plan standards for park
dedication. At the city's discretion, the required 20 percent open space may meet
all or a portion of the required park land. If determined by the city that the PUD
does not contain an acceptable area for public parks, a smaller park may be
accepted if developed to city standards. The city may also, at its discretion,
accept the development of park facilities at other locations outside of the PUD
site in exchange for the land area required for park dedication within the PUD.
This land must be close enough to benefit the PUD.
3. Planned unit developments shall be approved subject to the
submission of a legal instrument, or instruments, setting forth a plan or manner of
permanent care and maintenance of such open spaces, recreational areas,
private roads and other communally owned facilities. No such instrument shall be
acceptable until approved by the city attorney as to its legal form and effect.
Common spaces shall be guaranteed by a restrictive covenant describing that
the space, its maintenance and improvement are appurtenant to the land for the
benefit of the residents of the planned unit development and adjoining property
owners.
B. PUD Perimeters. Setbacks from the perimeter of the PUD shall
correspond to the requirements of the adjoining zoning districts. The city may
determine a reduced setback is sufficient due to the use of natural topography,
earth berms, existing and proposed foliage, and other features such as
roadways, wetlands or natural waterways that would otherwise provide sufficient
buffering of adjoining parcels. Sight distance conflicts shall be avoided for
motorized and nonmotorized traffic.
C. Pedestrian Movement. A PUD shall provide public pedestrian
access, which may require appropriate easements, to and through the
development and to parks, schools or uses that may attract a significant number
of pedestrians. Sidewalks or pedestrian ways must connect the required
pedestrian system to existing pedestrian systems on adjacent developments if
adequate safety and security, which may include lighting, can be maintained.
Convenient, barrier free, pedestrian access to transit stops, when applicable,
shall be provided.
D. Design Guidelines. The following design guidelines are intended to
assist PUDs in meeting the purpose of this chapter as discussed in ACC
18.69.010 and not to restrict innovation, imagination or variety. PUDs will
however be reviewed and either approved, approved with conditions or denied
based upon consistency with the following guidelines.
1. Building Orientation/Placement.
a. Building setbacks from public streets should be minimized while
maintaining privacy and providing a greater portion of the lot to private back
yards and parking.
b. Building facades should vary in articulation to provide visually
interesting streetscape to pedestrians. Building entries and windows should face
the street. Front porches, bays, and balconies are encouraged.
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April 11, 2006
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c. Primary ground floor entries should orient to streets and not to
interior blocks or parking lots, thereby making the front door to single-family
homes, duplexes, and townhouses visible from the street.
d. In order to promote a pedestrian oriented development, building
designs should minimize the visual impact of residential garages upon the
streetscape. For instance, placing garages in the rear yards such that the garage
is accessed from an alley or similar access provision enhances the pedestrian
orientation of the streetscape.
e. If buildings are set back from the street, there should be a
pedestrian connection which links the entrance to the. street frontage.
2. Building Facades and Roof Lines.
a. All structures shall exhibit some level of design treatment and
design continuity with the other components of the PUD.
b. PUDs should be designed to be compatible with existing and
proposed adjacent land uses in materials, signage, lighting, architectural design
and color.
c. Building entrances for pedestrians should be easily identifiable and
easily accessible.
d. For buildings, with more than four dwelling units, modulation and/or
articulation of the facade shall be incorporated into the building design to reduce
the perception of the bulk and mass of the building. Use of color, arrangement of
the facade elements, or change in the materials may accomplish this. Blank
walls, at the ground level, that are visible from adjoining public right-of-way or
adjoining properties shall be avoided by using windows, trellises, wall articulation,
changes in materials, or other features.
e. Accessory structures such as street furniture, mailboxes, kiosks,
and other accessory structures are to be designed as part of the architectural
concept of the PUDs building and landscape design.
3. Colors and Materials.
a. Colors and materials of the adjacent area should be considered
when selecting the materials and colors used in the PUD.
b. Developments in visually dominant areas, such as the hillsides,
shall use muted colors to blend the development in with adjacent natural areas.
c. Bright and/or brilliant colors are to be used only minimally for
accent.
4. Project Signage.
a. Signs should be designed to be consistent with the architectural
treatment and overall character of the PUD.
b. Sign location should be integrated within the design of the site and
the adjacent streetscape.
c. Sign lighting shall be compatible with the lighting located on the
development.
5. Screening.
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April 11, 2006
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a. All screening should be architecturally compatible with the overall
design of the PUD.
b. All service areas must be screened to conceal trash containers and
other mechanical/electrical equipment from eye level at all public ways and
adjacent properties.
c. Parking areas adjacent to right-of-way or adjoining properties
should be screened with landscaping, a berm, a screen wall or any combination,
in order to improve the visual appearance of the streetscape.
6. Landscaping and Fencing. The following shall be considered in
addition to the zoning code required landscaping. Street frontage landscaping is
also required and all requirements of the zoning code must be met or exceeded
but there may be some flexibility allowed in the design and location.
a. Proposed landscape treatment should consider any unique site
characteristics such as existing vegetation, topography or other unique features.
b. Landscape treatment shall be provided to enhance architectural
features and frame vistas.
c. Site design should minimize the removal of mature trees and
vegetation. Where removal is necessary, the applicant is to investigate salvaging
trees where possible and relocating them on the project site.
d. For multiphased projects, areas designated for future phases, if
graded or disturbed, will be landscaped with appropriate vegetation intended to
minimize erosion.
e. The landscape design of the PUD shall attempt to achieve unity by
repetition of certain plant varieties and other materials and by correlation with
other adjacent properties.
f. Fencing shall be designed to be compatible with the overall design
of the PUD.
7. Site Lighting.
a. All facilities should be designed with proper exterior lighting.
b. Lighting fixtures and illumination sources should be compatible with
the design and character of the building components on the site and adjacent
areas.
c. All site lighting will be shielded, hooded and directed downward to
eliminate glare and negative impacts on adjacent properties.
d. Excessively bright and brilliant colored lights should not be used.
(Ord. 5141 § 1, 1998.)
18.69.090 Public infrastructure requirements.
The applicant for the PUD must provide all necessary public facilities to
include, as a minimum, the following:
A. Dedication of Public Utilities. Public utilities such as water facilities,
sanitary sewers, and storm water facilities must be dedicated to the city unless
allowed to be private by the city.
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April 11, 2006
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B. Public Water, Sewer and Drainage Facilities. All water, sanitary
sewer and drainage facilities must be constructed and installed in accordance
with applicable city codes and standards. The design and construction of sanitary
sewers, water lines, storm and surface drainage systems, and other utility
systems within a PUD district shall not cause a higher net public operational cost
than would generally occur in the area without the PUD.
C. Underground Facilities. All public utilities must be placed
underground except those that by their nature must be on or above ground, such
as streets, fire hydrants, and open water courses. The applicant is responsible
for making the necessary arrangements with the appropriate entities for the
installation of such services.
D. Streets.
1. All streets must be constructed to the city's standards. Variations
from minimum standards for pavement and right-of-way widths or other
dimensional or construction standards may be permitted when special design
features of the PUD or topographic considerations render these minimum
standards unnecessary or inappropriate. The applicant must submit a written
justification for any proposed variation along with evidence that the minimal
functional requirements of the proposed street improvements are being met. The
city engineer shall review the proposed variation and shall determine if the
minimal functional requirements are being met and recommend whether the
variation should be approved. The city engineer may require conditions of
approval to ensure the minimal functional requirements are being met.
2. Private streets may be permitted within the PUD provided they
meet the following criteria:
a. Use of the private street is limited to those accessing property
within the PUD or immediately adjacent to the PUD and is not needed by non-
PUD residents to travel from one public street to another. The design of the
private street shall be such that it will discourage any through traffic that is not
related to the PUD itself.
b. The minimum right-of-way width for private streets shall be 30 feet.
Additional width may be required if determined to be needed to provide adequate
circulation for the residents of the PUD. Factors to be considered include but are
not limited to providing emergency equipment access, preventing conflicts
between pedestrians and vehicle traffic, on street parking, number of units, the
need for sidewalks and bike paths. The pavement width and construction
standards, to include but not limited to illumination, signing, storm drainage,
curbs, gutters, channelization, e.g., shall be determined by the city engineer at
the time of preliminary plat or binding site plan approval. This subsection may be
revised upon the future adoption of citywide private street standards. Upon
adoption of those standards this section will be modified accordingly. Until that
time the provisions of this subsection shall apply.
c. Private streets and/or access tracts and shared driveways that
provide a second or additional access to lots/units shall be constructed to
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April 11, 2006
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standards, as recommended by the city engineer, considered to be appropriate
for the situation. Factors to be considered include the number of units served,
emergency access and traffic circulation.
d. All sites served by the private street shall have at least two access
connections to a through public street and provide for adequate emergency
equipment access. Single accesses with streets less than 600 feet in length may
be considered.
e. A legally incorporated property owners' association assumes the
responsibility and cost to repair and maintain the proposed private streets. If the
association fails to maintain the street, the by-laws of the association give the city
the right to maintain the street and charge the cost of the maintenance, including
any administrative costs, to the association members.
f. The by-laws establishing the association must state that if future
owners should request that private streets be changed to public streets, then the
owners fully agree that, before acceptance of such streets by the city, the owners
will bear full expense of reconstruction or any other action necessary to make the
streets substantially consistent to the requirements of public streets, applicable at
that time. (Ord. 5141 § 1, 1998.)
18.69.100 Application for rezone approval of PUD designation.
A. Preapplication Conference. Prior to filing an application for a PUD,
the applicant shall attend a preapplication conference with the planning director
and other interested department heads, or their designees, regarding the
proposed development. The conference attendees shall review the general
outlines of the proposal, evidenced schematically by sketch plans and other
documents provided by the applicant. The applicant shall receive suggestions
and recommendations generated by the conference along with forms and
guidelines for preparing the PUD application.
B. Application Procedure. Following a preapplication conference,
applicants must provide the planning director seven copies of the following:
1. Application. Forms provided by the department that ask the
applicant for the following information:
a. The name of the proposed PUD and a general description of the
proposed development including descriptions of buildings and other site
improvements;
b. a proposed schedule that includes submittal of the binding site
plan, preliminary plat, proposed phased developments, if any, and target dates
for starting construction;
c. proposed land uses including the type and amount;
d. number and types of dwelling units and the proposed density of
dwelling units per acre;
e. total amount of open spaces, the designated or proposed use, and
the amount of open space designated for public and private use;
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f. plans for the perpetual maintenance and preservation of private
spaces and private streets;
g. any requests for modifications to the street construction standards
of the land division ordinance including the substantiating information as to why
the modifications are necessary.
h. the gross acreage of the PUD, the net usable acreage, and the
acreage of any nonbuildable areas.
i. the name and address of the applicant. All land within the PUD
shall be under the ownership of the applicant. Applicants are defined as an
individual, partnership, corporation, or groups of individuals, partnerships or
corporations.
j. the name, address, stamp and signature of the professional
engineer, professional architect or professional land surveyor who prepared the
site plan.
2. Environmental Checklist. Form and instructions provided by the
department in accordance with Chapter 16.06 ACC, Environmental Review
Procedures.
3. Conceptual Design of Public Facilities. Preliminary engineering
plans and studies that include the following:
a. A general description and location of the proposed improvements
necessary to properly handle the potable water, sanitary sewer, storm water
drainage and other service needs within and adjacent to the proposed PUD.
b. Anticipated demand capacities for the proposed water distribution,
storm drainage and sanitary sewage systems.
c. The estimated, tentative horizontal and vertical alignment of all
proposed streets, and sidewalks, and the estimated grade of any trails.
4. Site Plan.
a. Preparation. The site plan may be prepared by a professional
engineer, architect or professional land surveyor registered or licensed by the
state of Washington. They shall prepare and, by placing his or her signature and
stamp upon the face of the planning documents, certify that all information is
portrayed accurately and that the proposed PUD complies with applicable
standards and regulations.
b. Scale and Format. The site plan shall be drawn with reproducible
black ink on mylar or similar material. All geographic information portrayed by the
plan shall be accurate, legible, and drawn to an engineering (decimal) scale. The
horizontal scale of a plan shall be 100 feet or fewer to the inch, except that the
location sketch and typical street cross sections may be drawn to any other
appropriate scale. The final document shall be 24 inches by 36 inches in size.
Each sheet shall be numbered consecutively. An index sheet orienting the other
sheets shall be provided. If necessary, the planning director may authorize a
different sheet size or scale.
c. Contents. The site plan must include each of the following:
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April 11, 2006
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i. Vicinity Map. A vicinity map sufficient to define the location and
boundaries of the proposed PUD relative to surrounding property, streets and
other major manmade and natural features.
ii. Existing Geographic Features. Except as otherwise specified, the
following existing geographic features shall be drawn lightly in relation to
proposed geographic features and developments:
(A) All existing property lines lying within the proposed PUD and all
existing property lines lying within 100 feet of the PUD.
(B) The location of all existing streets within the PUD, either public or
private, including the right-of-way widths, pavement widths and the names.
(C) Existing nonbuildable areas, other natural features and all trees
greater than six inches in diameter and measured five feet above the ground. As
an option to showing all trees greater than six inches in wooded areas not being
disturbed, the crown cover outline can be shown.
(D) Existing water features such as rivers, creeks, ponds, wetlands,
stormwater detention basins, watercourses, floodplains and areas subject to
inundation or storm water overflow.
(E) Existing contour lines at intervals of five feet for average slopes
exceeding five percent or at intervals of one foot for average slopes not
exceeding five percent. Contour lines shall be labeled at intervals not to exceed
20 feet and shall be based upon city datum, e.g., NGVD.
(F) Location of any existing structures lying within the proposed PUD.
Existing structures to be removed shall be indicated by broken lines, and existing
structures not to be removed shall be indicated by solid lines.
iii. Proposed Improvements. The following proposed geographic
features shall be shown:
(A) The location of any arterial or collector streets as well as the general
location of any streets that are proposed to be private.
(B) The general location of the types of uses and general distribution of lot
types.
(C) The boundaries, dimensions and area of public park and common
open space areas.
(D) Identification of all areas proposed to be dedicated for public use,
together with the purpose and any conditions of dedication.
(E) Conceptual plans for pedestrian and bicycle circulation systems.
(F) The treatment proposed for the periphery of the site including
setbacks, fencing, the approximate amount, location, and type of any
landscaping.
(G) Conceptual design guidelines, consistent with ACC 18.69.080,
including such items as building heights, sizes, areas, roof shapes, exterior
materials, parking arrangements and unique design characteristics. (Ord. 5141 §
1, 1998.)
18.69.110 Phased developments.
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April 11, 2006
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A. An applicant must submit a rezone application for the entire PUD.
The applicant may however propose a phased development.
B. PUDs being developed in phases require a description of each
phase, including the size, uses, and schedule for implementing each phase and
corresponding public services. Phased sequences and intervals between
scheduled phases become a condition of the rezone approval.
C. Each phase must be able to stand on its own without reliance upon
development of subsequent phases. (Ord. 5141 § 1, 1998.)
18.69.120 Concurrence with subdivision regulations.
A. A preliminary plat may be processed concurrently with the PUD
rezone. If the applicant is requesting preliminary plat approval, concurrent with
the preliminary PUD, a preliminary plat must be submitted in accordance with
ACC Title 17.
B. Approval of a PUD application may allow for the modification of the
subdivision street construction standards and specifications of Chapter 17.12
ACC. If modifications are proposed the request must be made part of the PUD
application. The applicant must also provide substantiating evidence as to why
the modifications are necessary. (Ord. 5141 § 1, 1998.)
18.69.130 Administrative review.
A. The planning director shall forward the PUD rezone application
and/or binding site plan application, together with copies of any appropriate
accompanying documents, to the director of public works. The director of public
works shall review the application(s) as to the adequacy of the proposed means
of sewage disposal and water supply; the conformance of the proposal to any
plans, policies or regulations pertaining to streets, storm drainage or utilities, and
regarding any other issues related to the interests and responsibilities of the
department of public works.
B. The planning director shall solicit the comments of any other
appropriate city department, local utility provider, local school district, and any
other appropriate public or private entity, concerning the proposed PUD.
Comments received in a timely manner, as well as any written comments
received in response to a notice of public hearing, shall either be transmitted to
the hearing examiner or incorporated into a report prepared by the planning
director and submitted to the hearing examiner, prior to the scheduled public
hearing. (Ord. 5141 § 1, 1998.)
18.69.140 Hearing examiner review.
Pursuant to the provisions of Chapter 18.66 ACC, the hearing examiner
shall conduct a public hearing on all requests for a PUD rezone and binding site
plan approval. The examiner's decision shall be in the form of a recommendation
to the city council. (Ord. 5141 § 1, 1998.)
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18.69.150 Findings of fact.
The hearing examiner shall only recommend approval of applications for a
rezone to a PUD designation if sufficient findings of fact are drawn to support all
the following criteria:
A. Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools.
B. The proposed PUD is in accordance with the goals, policies and
objectives of the comprehensive plan.
C. The PUD is consistent with the purpose of this chapter, ACC
18.69.010, and provides for the public benefits required of the development of
PUDs by providing an improvement in the quality, character, architectural and
site design, housing choice and/or open space protection over what would
otherwise be attained through a development using the existing zoning and
subdivisions standards.
D. The proposed PUD conforms to the general purposes of other
applicable policies or plans which have been adopted by the city council.
E. The approval of the PUD will have no more of an adverse impact
upon the surrounding area than any other project would have if developed using
the existing zoning standards of the zoning district the PUD is located in. The
PUD must also be consistent with the existing and planned character of the
neighborhood including existing zoning and comprehensive plan map
designations.
F. The proposed PUD is consistent with the design guidelines that are
outlined in ACC 18.69.080(D)
The hearing examiner may recommend conditions of approval in order for
the PUD to be consistent with the above criteria. (Ord. 5141 § 1, 1998.)
18.69.160 City council action.
A. The city council shall independently review the hearing examiner's
recommendation and the record of the PUD application. After its independent
review the council shall determine whether the hearing examiner's findings of fact
are adequate or need to be modified in order for the PUD to be approved based
upon the criteria found in ACC 18.69.150. The city council may determine that in
order for the PUD to be consistent with the criteria found in ACC 18.69.150 that
additional conditions of approval or modification to conditions of approval are
needed. If the council finds that the PUD is inconsistent with the criteria found in
ACC 18.69.150 then the council may not approve the PUD.
B. The majority of the city council shall instruct the city attorney to
prepare an ordinance reflecting its decision. The ordinance shall include formal
findings of fact and conclusions supporting the decision. If the decision is for
approval with conditions, the conditions shall be specified in the ordinance. The
ordinance shall be recorded in accordance with ACC 18.68.060. (Ord. 5141 § 1,
1998.)
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April 11, 2006
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18.69.170 Time limitations.
A. Within five years of the date the city council gave rezone approval
of the PUD an application for binding site plan or preliminary plat approval shall
be submitted. An applicant who files a written request with the city council at
least 30 days before the expiration of the five-year period may be granted aone-
year extension upon showing that a good faith effort has been attempted to
finalize their PUD application. A PUD application granted rezone approval that
has not filed for preliminary plat or binding site plan approval within the applicable
time period, or extended time period, shall be null and void.
B. Within three years of the date of approval of the preliminary plat or
binding site plan, construction must be substantially underway on the PUD. If
construction has not begun the hearing examiner shall review the PUD and
determine whether the proposed PUD is still a viable project and shall
recommend to the city council whether to repeal the ordinance that approved the
PUD.
C. In the event that a PUD application is terminated, withdrawn or the
ordinance authorizing the PUD is repealed, then the affected parcels and/or
undivided lands revert back to the underlying existing zone prior to the PUD
application. (Ord. 5141 § 1, 1998.)
18.69.180 Binding site plan approval.
A. An application shall be required for the binding site plan approval of
a PUD and shall include the following:
1. The ordinance and the contract rezone, if previously done;
2. A site plan which shall illustrate the following:
a. Vicinity map;
b. Boundaries and dimensions of the PUD;
c. If partial approval, illustrate the proposal within the boundaries of
the entire PUD;
d. Illustrate previous site plan approvals that may have occurred
within the PUD;
e. Acreage of proposal;
f. Rights-of-way location and widths, the proposed name of each
street or alley and whether the right-of-way will be dedicated as public or remain
private. The designation of any fire lanes. Where final street grades are likely to
exceed 10 percent in elevation and the estimated tentative grades of such
streets;
g. Adjacent public streets;
h. Easements, existing and proposed including its purpose;
i. Location and size of all existing and proposed utilities including
sanitary sewer, storm drainage, and water lines lying within or adjacent to the
PUD;
j. Typical street cross section(s) including any pedestrian facilities;
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k. Location of uses;
I. Location of buildings and structures, both existing and proposed,
including setbacks;
m. Location and layout of off-street parking, loading and unloading
areas;
n. Location of walls and fences, around the perimeter of the PUD, and
an indication of their height and materials;
o. Location of any storage areas or refuse containers;
p. Location and size of signs;
q. Landscaping plan conceptual;
r. Indication of height of buildings;
s. Proposed architectural treatment of structures;
t. Any covenants not previously approved;
u. Proposed final contour lines at intervals of five feet for average
slopes exceeding five percent, or at intervals of two feet for average slopes not
exceeding five percent. Final contours shall be indicated by solid lines (existing
contours which are to be altered shall be shown by broken lines). Contour lines
shall be labeled at intervals not to exceed 20 feet and shall be based upon city
datum e.g., NGVD. Contour lines around proposed geographic features shall be
drawn tightly around the proposed features;
v. The site plan shall illustrate a north arrow, be properly dimensioned
and drawn at a scale not less than one inch equals 40 feet and on a sheet size
24 by 36 inches, more sheets may be used if necessary. A reproducible mylar, or
similar material, and seven copies of the site plan shall be submitted at the time
of application. An alternative scale or sheet size may be approved by the
planning director;
w. The planning director may require the submittal of additional
information in order to thoroughly evaluate the proposed PUD.
3. The binding site plan application shall be accompanied by a current
(within 30 days) title report which contains:
a. The legal description of the total parcel sought for final site plan
approval.
b. Those individuals or corporations holding an ownership interest in
said parcel all of which shall sign the application for final site plan approval.
c. Any easements or restrictions affecting the property with a
description of its purpose and referenced by an auditor's file number and/or
recording number.
4. A signed certification that the binding site plan has been made with
the free consent, and in accordance with the desire of the owner or owner's.
5. The name and seal of the engineer, surveyor, and/or architect that
prepared the binding site plan.
B. A binding site plan shall be reviewed sequentially in accordance
with the provisions of ACC 18.69.130, 18.69.140 and 18.69.160. The site plan
shall only be approved if it is found to be consistent with and implements the
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April 11, 2006
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provisions of the contract rezone of the PUD and meets the submittal
requirements of subsection A of this section. If necessary, conditions of approval
may be imposed to ensure consistency. If necessary, amendments to a
previously approved contract rezone may be made at this time without the need
of scheduling another hearing. If a contract rezone is amended, that has been
previously recorded, an amended version shall be again recorded.
C. Once the application for the binding site plan is approved, the
planning director shall inscribe upon the face of site plan the ordinance number
that approved the plan and have the site plan recorded. (Ord. 5141 § 1, 1998.)
18.69.190 Adjustments to the PUD binding site plan.
A. The planning director may approve minor adjustments to the
approved binding site plan. Minor adjustments are defined as changes that do
not affect the types of uses, basic character, dimensions or conditions of the
proposed PUD. Any dimensional adjustments shall not vary more than 10
percent from the original. Minor adjustments approved by the planning director
must be in writing. The planning director must forward copies of the approved
adjustment to appropriate department heads and the applicant.
B. Adjustments that the planning director considers not to be minor will
require the binding site plan to be revised pursuant to the provisions of ACC
18.69.180(6). (Ord. 5141 § 1, 1998.)
18.69.200 Property owners' association.
If common open spaces or private streets are deeded to a property
owners' association, then the applicant shall submit a declaration of the
covenants and restrictions that create and govern such an association as part of
the binding site plan or preliminary plat approval. The provisions must include,
but are not limited to, the following:
A. The property owners' association must be established prior to the
final plat approval or the approval of any occupancy permit related to the binding
site plan.
B. Membership must be mandatory for each property owner, affected
by the common open space or a private street, and any successive buyer.
C. The association assumes responsibility for liability insurance, local
taxes, and the maintenance of common open spaces, private streets,
recreational and other communally owned facilities. A financial plan shall also be
submitted that outlines the anticipated expenses and revenues needed to
implement the plan over a minimum of a 10-year period.
D. Members must pay a pro rata share of the association's cost; the
assessment levied by the association can become a lien on the property. The
association must be able to adjust its assessment fees relative to changed needs
and conditions. (Ord. 5141 § 1, 1998.)
18.69.210 Final site plan approval/construction permits.
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A. Before any applications for any construction permits related to a binding
site plan are approved, a final site plan must be approved by the planning
director. The site plan must contain enough information to determine if the permit
application is consistent with the approved binding site plan approval. The final
site plan may be done for the entire area covered by the binding site plan or a
portion thereof. If done for a portion of the area it must be consistent with a
previously approved phasing plan.
B. The construction and development of all required improvements of
each project phase must be completed before any certificates of occupancy will
be issued, except when bonds or other acceptable forms of security are
deposited assuring the completion of such facilities within six months from the
issuance date. (Ord. 5141 § 1, 1998.)
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