HomeMy WebLinkAbout5141 1 ORDINANCE NO. 5 i 4 1
3 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP AUBURN,
WASHINGTON, ADDING A NEW CHAPTER 18.69 TO TITLE 18 "ZONING",
4 ENTITLED "PLANNED UNIT DEVELOPMENT (PUD) DISTRICT".
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WHEREAS, in order for the City of Auburn to more
effectively plan for the future residential development that
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will occur within the City a P~D ordinance has been prepared;
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and
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WHEREAS, a PUD ordinance provides additional flexibility
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for residential developments as well as allows for a variety
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of land uses within a PUD; and
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WHEREAS, a PUD must provide for an improvement in the
quality, character, architectural, site design, and open space
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provisions than would otherwise be attained by using the
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existing zoning and subdivision standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. There is herewith added to the Auburn City
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Code Title 18 "Zoning", a new Chapter 18.69 entitled "Planned
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21 Unit Development (PUD) District", as set forth in the attached
22 Exhibit "A" which is by this reference made a part hereof as
23 though fully set forth herein.
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Ordinance No. 5141
August 20, 1998
Page 1
1 Section 2. If any section, subsection, sentence, clause,
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phrase or portion of this Ordinance or any of the provisions
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adopted herein, is for any reason held invalid or
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unconstitutional by any court of competent jurisdiction, such
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portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the remaining
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provisions thereof.
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Section 3. The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Section 4. This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
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14 publication, as provided by law.
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16 INTRODUCED: September 8, 1998
]7 PASSED: September 8, 1998
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19 APPROVED: September 8, 1998
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CHARLE~ A.B~OTH
22 MAYOR
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Ord~nsnce ~o.
August 20, ~8
Psge 2
i ATTEST:
Danielle E. Daskam,
4 City Clerk
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APPROVED AS TO FORM:
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9 Michael J. Reynolds,
City Attorney
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12 Published: q I~lq~
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Ordinsnce No. 5141
August 20, 1~8
Page 3
Chapter 18.69
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
SECTIONS:
Section 18.69.010: Purpose.
Section 18.69.020: Process.
Section 18.69.030: Definitions.
Section 18.69.040: Location and Size.
Section 18.69.050: Permitted Uses.
Section 18.69.060: Calculation of number of dwelling units.
Section 18.69.070: Development Standards.
Section t8.69.080: Design Requirements.
Section 18.69.090: Public Infrastructure Requirements.
Section 18.69.t00: Application for PUD Designation.
Section 18.69.110: Phased Developments.
Section 18.69. t20: Concurrence with Subdivision Regulations.
Section 18.69.130: Administrative Review.
Section 18.69.t40: Hearing Examiner Review.
Section 18.69.t50: Findings of Fact.
Section 18.69.t60: City Council Action.
Section 18.69.170: Time Limitations.
Section 18.69.t80: Binding Site Plan Approval.
Section 18.69.190: Adjustments to the PUD Binding Site Plan.
Section 18.69.200: Property Owner's Association.
Section 18.69.210: Final Site Plan Approval
Section 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 environmental features including steep slopes,
mature trees, rivers, creeks, wetlands, lakes and scenic views.
Exhibit A
Ordinance 5141
Page 1
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. PUD's 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 non-motorized plan.
H. Affordable Housin.~: Provide affordable housing options in accordance with the targets
established by the King County Countywide Planning Policies and Auburn's Comprehensive
Plan.
Section '18.69.020 Process.
The approval process for Planned Unit Developments (PUD's) is three steps. The first step is
the rezone approval of the PUP 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. 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 section 18.69.110.
B Step two - preliminary plat/binding site plan approval: For those PUD's that consist of
only single family or duplex platted lots a preliminary plat may be filed pursuant to Chapter
17.06 of the Auburn City Code. For those PUD's that contain structures with three (3) or more
dwelling units or non-residential uses then a binding site plan must be approved for those uses.
Preliminary plat/binding site plan approval must be concurrent if a PUP requires both approvals.
ExhibitA
O~inance5141
Page 2
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 18.69.180.
C. Step three - final plat/final binding site plan approval: Final plats shall be approved
pursuant to Chapter 17.10 of the Auburn City Code. Final binding site plan approval shall be by
the Planning Director. Application for final binding site plan approval shall be in accordance
with section 18.69.210.
Section 18.69.030 Definitions.
A. Density: for the purposes of this chapter, density means the maximum number of
dwelling units per acre allowed within a given area.
B. Department: for the purposes of this chapter, the term 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 Useable Area} for the
purposes of this chapter, gross 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: for the purposes of this chapter, 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 intedor 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} for the purposes of this
chapter, net area shall be defined as the gross area minus the area designated as non-
buildable areas and non-residential uses.
G. Non buildable areas: Non buildable areas include; slopes that exceed 25% measured
between each 25 foot contour line; wetlands delineated pursuant to the definition of "Wetlands"
Exhibit A
Ordinance 5'141
Page 3
contained within section 16.06.030 of the Auburn City Code; or floodways as defined by section
15.68.060(I) of the Auburn City Code. 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 section 18.69.060.
H. Open Space: For the purposes of this Chapter open space may include such features
as landscaped areas, held in common ownership by a Homeowner's Association of the PUD
and part of a landscape plan common to the entire PUP, 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: 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: 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: That zoning district(s) existing on the property at the time
the PUD rezone was approved for the specific PUP.
Section 18.69.040 Location and Size.
A. A PUP 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 ten (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 a right-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.
Section t8.69.050 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
Exhibit A
Ordinance 5141
Page 4
40% of the total number of dwelling units within the single family Comprehensive Plan
designated areas of the PUD may be attached, semi-attached or multi-unit structures
and contain no more than four (4) units per any structure. Accessory residential uses
shall be consistent with those as allowed by the underlying zoning district.
B. Nonresidential: In PUD's, that have at least 500 residents, non-residential uses may be
permitted in accordance with the Neighborhood Shopping District, Chapter 18.24. The
amount of non-residential 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 non-residential uses
may not exceed ten percent (10%) 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.
Non residential uses shall be constructed such that the appearance shall be consistent
with the overall residential character of the PUD.
Section 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. Non buildable 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 section 18.69.060(C) 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 Maximum Number of
Designation Dwelling Units per Acre
Single Family 6 units per acre
Moderate Density Residential 12 units per acre
High Density Residential 18 units per acre
Exhibit A
Ordinance 5141
Page 5
Section 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.
A. Single family density
Lot type Lot area Setbacks (1)(2 Bldg. Hght.
Min. Lot Lot Lot Side-
Front Rear Side Main Acc.
Sq. ft. Depth Width Coverage street
Detached 3600 na 40' 40% 20 '/15' 20 ' 5 ' 10 ' 30 ' 16
Attached 2700 na 30 ' 40% 20 '/15' 20' 0' 10 ' 30 ' 16
Zero 2700 na 30' 40% 20'/15' 20 ' 0'15' 10 ' 30 ' 16
Semi-
2700 na 30' 40% 20'/15' 20' 0'/5' 10' 30 ' 16
detached
B. Moderate density multi-family
Lot area Setbacks(1 )(2) Bldg. Hqht.(3)
Min. Front Rear Side Side- Main Acc.
Sq. ft. Depth Width Coverage street
Detached 3600 na 30' 50% 20 '/15' 15 ' 5 ' 10 ' 35' 16 '
Attached 2700 na 20' 50% 20 '/15' 15 ' 0 ' 10' 35' 16 '
Zero 2700 na 30' 50% 20 '/15' 15 ' 0'/5' 10 ' 35' 16 '
Semi-
2700 na 30' 50% 20 '/15' 15 ' 0'/5' 10' 35' 16 '
detached
C. High density multi-family
Lot area Setbacks(1 )(2) Bldg. Hght.(3)
Min. Lot Lot Lot Front Rear Side Side- Main Acc.
Sq. ft. Depth Width Coverage street
Detached 2400 na 30' 60% 20 '/15' 15 ' 5 ' 10 ' 35' 16 '
Attached 1800 na 20' 60% 20 '/15' 15' 0 ' 10 ' 35' 16 '
Zero 2400 na 30' 60% 20 '/15' 15' 0'/5' 10 ' 35' 16 '
Semi- 2400 na 30' 60% 20 '/15' 15 ' 0'/5' 10 ' 35' 16 '
detached
(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.
Exhibit A
Ordinance 5141
Page 6
Section 18.69.080 Design Requirements.
A. Open Space:
1. Each PUD shall contain open space as defined by section 18.69.030(J). The
amount of the open space shall be at least twenty percent (20%) of the gross
area of the PUD. Non buildable areas may be used to meet no more than 50%
of the open space area required by this section.
2. The PUD shall also meet the City's Park Plan standards for park dedication. At
the City's discretion, the required 20% 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 non-motorized 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.
Exhibit A
Ordinance 5141
Page 7
D. Design Guidelines: The following design guidelines are intended to assist PUD's in
meeting the purpose of this chapter as discussed in section 18.69.010 and not to restrict
innovation, imagination or variety. PUD's 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.
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. PUD's 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
Exhibit A
Ordinance 5141
Page 8
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 PUD's building and landscape design.
3. Colors & 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 colore 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
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.
Exhibit A
Ordinance 5141
Page 9
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 multi-phased 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.
Section 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.
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
Exhibit A
Ordinance 5141
Page 10
a higher net public operational cost than would generally occur in the area without the
PUD.
C. Underaround 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,
18.69.090(D)(2)(b), 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.
Exhibit A
Ordinance 5141
Page 1 '1
c. Private streets and/or access tracts and shared driveways, that provide a
second or additional access to lots/units shall be constructed to
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.
Section 18.69.100 Application for Rezone Approval of PUD Designation.
A. PreaDplication 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 (7) 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;
Exhibit A
Ordinance 5141
Page 12
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;
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 non-buildable 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 ACC 16.06, Environmenta/Review Procedures.
3. Conceptual Desi.cln 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
Exhibit A
Ordinance 5141
Page 13
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:
i. Vicinity MaD: A vicinity map sufficient to define the location and
boundaries of the proposed PUD relative to surrounding property, streets
and other major man-made and natural features.
ii. Existing Geogral3hic Features: Except as otherwise specified, the
following existing geographic features shall be drawn lightly in relation to
proposed geographic features and developments:
1. All existing property lines lying within the proposed PUD
and all existing property lines lying within one hundred (100) feet
of the PUD.
2. The location of all existing streets within the PUD, either
public or private, including the right-of-way widths, pavement
widths and the names.
3. 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.
4. Existing water features such as rivers, creeks, ponds,
wetlands, stormwater detention basins, watercourses, floodplains
and areas subject to inundation or storm water overflow.
5. 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.
ExhibitA
Ordinance 5141
Page 14
6. 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:
1. The location of any arterial or collector streets as well as
the general location of any streets that are proposed to be private.
2. The general location of the types of uses and general
distribution of lot types.
3. The boundaries, dimensions and area of public park and
common open space areas.
4. Identification of all areas proposed to be dedicated for
public use, together with the purpose and any conditions of
dedication.
5. Conceptual plans for pedestrian and bicycle circulation
systems.
6. The treatment proposed for the periphery of the site
including setbacks, fencing, the approximate amount, location,
and type of any landscaping.
7. Conceptual design guidelines, consistent with section
18.69.080, including such items as building heights, sizes, areas,
roof shapes, exterior materials, parking arrangements and unique
design characteristics.
Section 18.69. t t 0 Phased Developments.
A. An applicant must submit a rezone application for the entire PUD. The applicant may
however propose a phased development.
B. PUD's 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.
Section 18.69.t 20 Concurrence with Subdivision Regulations.
Exhibit A
Ordinance 5141
Page 15
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 Title 17 of the Auburn City Code.
B. Approval of a PUD application may allow for the modification of the subdivision street
construction standards and specifications of Chapter 17.120 of the Auburn City Code. 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.
Section 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.
Section 18.69.140 Hearing Examiner Review.
Pursuant to the provisions of Chapter 18.66 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.
Section 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, section 18.69.010, and provides
for the public benefits required of the development of PUD's by providing an
improvement in the quality, character, architectural and site design, housing choice
Exhibit A
Ordinance 5141
Page 16
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 section
18.69.080(D)
The Hearing Examiner may recommend conditions of approval in order for the PUD to be
consistent with the above criteria.
Section t8.69.160 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 section
18.69.150. The City Council may determine that in order for the PUD to be consistent
with the criteria found in section 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 section 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.
Section 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 a one-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
Exhibit A
Ordinance 5141
Page 17
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.
Section 18.69. t80 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
ten (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,
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,
Exhibit A
Ordinance 5141
Page 18
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.
Exhibit A
Ordinance 5141
Page 19
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
sections 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 provisions of the contract rezone of the PUD and
meets the submittal requirements of section 18.69.180(A). 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.
Exhibit A
Ordinance 5141
Page 20
Section 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 section 18.69.180(B)
Section 18.69.200 Property Owner's 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:
1. 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.
2. Membership must be mandatory for each property owner, affected by the common open
space or a private street, and any successive buyer.
3. 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
ten (10) year period.
4. 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.
Section 18.69.210: Final Site Plan Approval/Construction Permits
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.
Exhibit A
Ordinance 5141
Page 21
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.
Pudadopt
Exhibit A
Ordinance 5141
Page 22