Chapter 12.30 PLANNED UNIT DEVELOPMENTS

Chapter 12.30
PLANNED UNIT DEVELOPMENTS

Sections:

12.30.010 Purpose.

12.30.020 Types of planned unit developments – Where permitted.

12.30.030 Preliminary and final approval required – Type of action – Combined applications.

12.30.040 Phased development.

12.30.050 Preliminary PUDs – Contents of complete application.

12.30.060 Preliminary PUDs – Criteria for approval.

12.30.070 Preliminary PUDs – Minor and major changes to an approved preliminary PUD.

12.30.080 Final PUDs – Contents of complete application.

12.30.090 Final PUDs – Criteria for approval.

12.30.100 Final PUDs – Extension of time for filing.

12.30.110 Final PUDs – Failure to file – Termination.

12.30.120 Final PUDs – Minor modifications to approved final PUD.

12.30.125 Final PUDs – Major modifications to approved final PUD.

12.30.130 Bond required for final PUD.

12.30.140 Building permits – Certificates of occupancy – Common walls.

12.30.150 Extension of time for construction.

12.30.160 Termination of planned unit development – Failure to commence or continue construction.

12.30.170 Subdivision requirements.

12.30.180 Sale of lots.

12.30.190 Lots subject to final PUD.

12.30.200 Access to development.

12.30.210 Permissive modifications of regulations – Generally.

12.30.220 Permissive modifications of regulations – Single-family PUDs.

12.30.230 Permissive modifications in regulations – Non-single-family PUDs.

12.30.240 Permissive modifications in regulations – Green PUDs.

12.30.250 Conditions of approval control over conflicting regulations.

12.30.010 Purpose.

The purpose of this chapter is to provide for the modification of certain regulations when it can be demonstrated that such modification would result in a development which would not increase the density and intensity of land use beyond that which would be allowed if no regulations were modified; would preserve or create features or facilities of benefit to the community such as but not limited to green development practices, open space or active recreational facilities, which features or facilities would not have been provided if no regulations were modified, would be compatible with surrounding development, and would conform to the goals and policies of the Imagine Bothell... Comprehensive Plan. Throughout this title, “PUD” shall mean the same as “planned unit development.” (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.020 Types of planned unit developments – Where permitted.

A. Three types of planned unit developments are established:

1. Single-family PUDs, comprising detached dwelling units on individual lots; the necessary streets and other public and/or private rights-of-way to serve such dwelling units; and any appurtenant common open space, recreational facilities or other areas or facilities.

2. Non-single-family PUDs, comprising attached dwelling units, detached dwelling units not on individual lots, retail, office, service or industrial buildings, or any combination thereof, the necessary streets and other public and/or private rights-of-way to serve such uses, and any appurtenant common open space, recreational facilities or other areas or facilities.

3. Green PUDs, comprising single-family and non-single-family developments incorporating site and building design, construction and operating features and practices which, compared to standard development features and practices, lessen impacts to native plants and animals, reduce consumption of raw materials, lower greenhouse gas emissions, provide healthier living and working environments, and otherwise decrease human impacts on local and global ecosystems. In order to be considered a green PUD, a proposed development must be independently verified by a qualified consultant as achieving at least minimum certification under one of the following programs or other certification program as approved by the community development director:

a. The United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED);

b. The International Code Council (ICC) and National Home Builders Association (NHBA) National Green Building Standard (NGBS); and

c. The Master Builders Association (MBA) Built Green, at the Three Star level or higher.

A PUD may comprise all of the above types, subject to compliance with the use regulations of the zone in which the PUD is proposed to be located.

B. Planned unit developments may be located in any zone; provided, that uses permitted in the PUD shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted uses, including special district regulations. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.030 Preliminary and final approval required – Type of action – Combined applications.

Each PUD shall require preliminary and final approval. Both preliminary and final PUD approvals are Type III actions and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations.

The preliminary development plan and the final development plan may be combined and together processed through review as a final development plan. In addition, the applicant may file a concurrent subdivision application, in accordance with the procedures as set forth in BMC Title 15, Subdivisions, and/or a concurrent rezone application, in accordance with the procedures as set forth in Chapter 12.34 BMC, which application(s) shall be processed concurrently with the PUD application(s). (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.040 Phased development.

A. Development of the project may be phased, in which case each complete phase may be processed separately through both preliminary development plan review and final development plan review. A map showing all property owned or controlled by the developer which is contiguous to the development site or which is within the area determined by the community development director to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of said properties’ eventual development through all potential phases, shall be submitted with the application for the first phase. The developer is not responsible for providing a conceptual plan for contiguous or nearby property which is not owned or controlled by the developer. The conceptual plan shall conform to the purposes of this chapter and shall be used by the city to review all phases of the development. All phases of the development shall conform to the conceptual plan, all conditions of approval, and applicable regulations.

B. Notwithstanding the provisions of this section, all phased PUD projects located in the North Creek/NE 195th Street special district shall comply with the provisions of Chapter 12.56 BMC. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.050 Preliminary PUDs – Contents of complete application.

A. The applicant shall file with the community development department a preliminary development plan, including the following:

1. A legal description of the property proposed to be developed;

2. A map of the subject property and surrounding area determined by the community development director to be relevant for comprehensive planning, environmental assessment or zoning review purposes, which map shall depict comprehensive plan designations, zoning classifications and existing land uses, including streets;

3. A proposed site plan for the subject property depicting the following:

a. Topography at two-foot contours for slopes 15 percent or less and five-foot contours for slopes over 15 percent;

b. Individual trees over eight inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed;

c. Designated placement, location, and principal dimensions of lots, buildings, streets, parking areas, recreation areas and other open space, landscaping areas and utilities;

d. If the developer owns or otherwise controls property adjacent to the proposed development, a conceptual plan for such property demonstrating that it can be developed in a compatible manner with the proposed development;

4. A conceptual landscape plan showing existing and proposed landscaping, in accordance with Chapter 12.18 BMC;

5. Drawing and/or text showing scale, bulk and architectural character of proposed structures;

6. For single-family PUDs, a conceptual drawing depicting the number and location of lots which would be allowed if no regulations were modified;

7. For green PUDs, a narrative and illustrations describing and depicting the specific green or sustainable features or practices proposed and how these features or practices qualify for green development certification and thereby achieve the purposes as set forth in BMC 12.30.020(A)(3); and independent verification of such certification by a qualified consultant;

8. Special features including but not limited to critical areas and sites or structures of historic significance;

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

10. A narrative stating how the proposed development complies with the goals and policies of the Imagine Bothell... Comprehensive Plan, including level of service standards and guidelines, and with the development regulations contained in this and other titles;

11. Draft conditions, covenants and restrictions and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities;

12. Other information required by the community development director, or by any other section of this code including Chapter 12.56 BMC, governing development in the North Creek/NE 195th Street special district.

B. The applicant may submit to the community development director proposed development standards which, if approved by the hearing body, shall become a part of the preliminary plan in lieu of the requirement of subsection (A)(2) of this section for specifying placement, location and principal dimensions of buildings, streets, and parking areas. This alternative process is intended to accommodate the need for flexibility in achieving the purpose of a PUD while ensuring that sufficient information as to the nature of the development is available upon which to base a decision concerning the preliminary development plan. Proposed development standards shall specifically set forth parameters for location, dimensions and design of buildings, streets and parking areas and operational standards for any special features incorporated into the development. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.060 Preliminary PUDs – Criteria for approval.

Preliminary PUD approval shall be granted by the city only if the applicant demonstrates that:

A. The proposed project shall not be detrimental to present and potential surrounding land use.

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

C. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, in light of the criteria set forth in BMC 12.30.200, and in compliance with transportation level of service standards and guidelines contained in the comprehensive plan.

D. Services including potable water, sanitary sewer and storm drainage are available or can be provided by the development prior to occupancy so as to comply with level of service standards or guidelines contained in the comprehensive plan.

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

F. In the case of green PUDs, the proposed development would achieve at least minimum certification under the Leadership in Energy and Environmental Design, National Green Building Standard, Built Green (Three Star level or higher), or other certification program as approved by the community development director.

G. The project conforms with the purposes and standards prescribed in this chapter.

H. The project conforms to the Imagine Bothell... Comprehensive Plan, and any applicable subarea plan that has been adopted by the city.

I. If a subdivision application is being processed concurrently, conformance with the requirements of BMC Title 15. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.070 Preliminary PUDs – Minor and major changes to an approved preliminary PUD.

A. A proposed minor change to an approved PUD is a Type III action and shall be incorporated into the application for final PUD approval, and any notification regarding such final PUD approval shall describe the proposed minor change(s). A “minor change” means any departure from the conditions of preliminary approval which is not a “major change” and includes but is not limited to the following:

1. Revisions to number of dwelling units in a structure;

2. Revisions to number of nonresidential structures;

3. Revisions to heights of structures;

4. Revisions to location of internal roads;

5. Revisions similar in nature to those above as determined by the community development director.

B. A proposed major change to an approved preliminary PUD shall require reapplication for preliminary PUD approval which is a Type III action, as set forth in BMC 12.30.050 and 12.30.060, and any notification regarding such preliminary PUD approval shall describe the proposed major change or changes. A major change is any departure from the conditions of preliminary PUD approval which would result in any of the following:

1. Revisions to the approved design concept;

2. Revisions to the approved use(s);

3. An increase in the number of residential dwelling units;

4. An increase in square footage of nonresidential structures;

5. A decrease in the amount of landscaping, site perimeter buffering, and open space; and

6. An increase in traffic volumes or change in circulation patterns which impacts surrounding development. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.080 Final PUDs – Contents of complete application.

Within 12 months following the approval of the preliminary PUD, the applicant shall file with the community development director a final PUD conforming to the approved preliminary PUD, including any proposed minor changes pursuant to BMC 12.30.070(A). Should the approved preliminary PUD include a preliminary subdivision, the applicant shall file a final development plan within the time period provided under Chapter 58.17 RCW. Such a final subdivision shall not be approved unless and until the associated final PUD is approved. In addition to the information required under BMC 12.30.050 for the preliminary PUD, the final PUD shall include the following:

A. A survey of the property, showing for all areas to be developed or disturbed existing features, including topography at two-foot contours for slopes 15 percent or less and five-foot contours for slopes over 15 percent, buildings, structures, trees over eight inches in trunk diameter measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and existing land uses;

B. Elevation and perspective drawings of project structures and improvements;

C. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance of the development, including all of its open areas and recreational facilities, which CC&Rs and other documents shall be recorded upon final PUD approval;

D. Proposed final agreements which may have been required as conditions of preliminary PUD approval;

E. A development schedule, if development may extend over more than a two-year period;

F. The following plans and diagrams:

1. An off-street parking plan;

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

3. Landscaping and tree planting plan, including site grading;

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

5. For green PUDs, a site plan and/or building elevations or other drawings indicating the location of features which promote sustainability and which qualify for credit under the certification program utilized by the applicant;

G. In the event that development standards were submitted and approved as part of the preliminary development plan pursuant to BMC 12.30.050(B), development standards shall be made binding upon all future developers of the property in a manner acceptable to the city, and may be submitted in lieu of elevation and perspective drawings of project structures and improvements. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.090 Final PUDs – Criteria for approval.

Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD, including minor changes pursuant to BMC 12.30.070(A). For the purposes of this section, “substantially conforms” means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design or development standards or in the site plan, other than the minor changes pursuant to BMC 12.30.070(A). (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.100 Final PUDs – Extension of time for filing.

For good cause shown, the city council, in its discretion, may grant an extension of time of one year for filing the final PUD and required accompanying papers, and may grant additional one-year extensions; provided, however, the city shall have the right to re-examine and update any conditions made to mitigate development impact. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.110 Final PUDs – Failure to file – Termination.

A. In the event the final PUD or any required attendant papers are not filed within 12 months following approval of a preliminary PUD, except as provided in BMC 12.30.100 or as noted in subsection B of this section, the approval of the preliminary PUD shall lapse and the approval shall be deemed null and void and without force or effect; except that for preliminary PUDs approved through December 31, 2011, the final PUD shall be filed within 36 months following approval of a preliminary PUD or shall lapse and be deemed null and void and without force or effect.

B. When it is determined as part of the preliminary PUD approval that the final PUD is to be phased, the final PUD for the first phase shall be submitted within 12 months of preliminary approval; except that the final PUD for the first phase of a PUD receiving preliminary approval through December 31, 2011, shall be submitted within 36 months of preliminary approval. The final development plan for each subsequent phase shall be submitted within the schedule established at the time of preliminary PUD approval. In the case of a PUD which includes a subdivision, the final PUD shall be submitted within five years of receiving preliminary approval; except that for combined preliminary PUDs and subdivisions approved through December 31, 2011, the final PUD shall be submitted within seven years of receiving preliminary approval.

C. The time period for filing of final PUDs shall not include periods of time during which progress on the final PUD was reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the city pursuant to this chapter; provided, that in all cases when more than two years have elapsed subsequent to the date of approval of a preliminary PUD, whether due to the pendency of litigation, city-approved extensions of time for filing or otherwise, the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the city prior to being granted approval of the final PUD. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 2029 § 1 (Exh. B), 2009; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.120 Final PUDs – Minor modifications to approved final PUD.

Minor modifications to approved final PUDs are Type I actions and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations, and in accordance with the provisions of this section.

A. The community development director is authorized to allow minor modifications in accordance with subsection B of this section. The community development director shall allow only such modifications as are consistent with guidelines established in subsection B of this section, and in no case shall a minor modification be allowed if it will increase the total amount of floor space authorized in the approved final PUD, or the number of dwelling units or density, or decrease the amount of parking or loading facilities or permit buildings to locate substantially closer to any boundary line or change substantially any point of ingress or egress to the site.

B. For the purposes of this section, “minor modifications” means any departure from the conditions of final PUD approval which complies with the following criteria:

1. The modification maintains the design intent and quality of the original approval;

2. The amount of landscaping, buffering and open space shall not be reduced;

3. The number of dwelling units in residential developments and the square footage of nonresidential structures shall not increase;

4. The modification shall not relocate a building, street or other use more than 20 feet in any direction and shall not reduce any required yard and/or setback;

5. The height of buildings and other structures shall not increase;

6. Views from both structures on-site and off-site shall not be substantially reduced;

7. Traffic volumes shall not increase and circulation patterns shall not change;

8. Changes in colors, plant material and parking lot configurations are minor;

9. For green PUDs, the modification shall not reduce the number of credits for which the proposed development qualified at final PUD approval under the certification program utilized by the applicant; provided, however, that one or more green features or practices may be reduced or eliminated if the resulting reduction in the number of credits is offset by the increase or addition of other green features or practices;

10. The modification does not add significant new environmental impacts or significantly increase environmental impacts disclosed in the original SEPA documents;

11. The community development director determines that the modification will not increase any adverse impacts or undesirable effects of the project, or that the modification in no way significantly alters the project. (Ord. 2076 § 2 (Exh. B), 2011; Ord. 2046 § 2 (Exh. B), 2010; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.125 Final PUDs – Major modifications to approved final PUD.

For the purposes of this section, “major modifications” means any proposed modifications to an approved final PUD that do not comply with the criteria contained in BMC 12.30.120(B). Major modifications to approved final PUDs are Type III actions and shall be processed in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations, and in accordance with the provisions of this section.

A. Requirements for a Complete Application for Major Modification to an Approved Final PUD. These requirements are in addition to the minimum application requirements in BMC 11.06.002. Application contents:

1. Signatures of those persons or parties having an ownership interest in those lots, tracts, parcels, sites or divisions in the subject final PUD that are proposed to be altered;

2. A copy of any restrictive covenants applicable to the PUD. If the PUD is subject to restrictive covenants which were filed at the time of the approval of the final PUD, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the modification of the PUD or portion thereof;

3. A copy of the approved final PUD sought to be modified, together with all PUD modifications recorded since the date of the original approval;

4. Plans and diagrams clearly showing the approved final PUD, as well as any proposed modifications to the approved final PUD;

5. Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property.

B. Criteria for Approval of a Major Modification to an Approved Final PUD. A major modification to an approved final PUD shall be granted by the city only if the applicant demonstrates that the proposed modifications are consistent with the criteria for approval for preliminary PUDs, as listed in BMC 12.30.060. (Ord. 2076 § 2 (Exh. B), 2011).

12.30.130 Bond required for final PUD.

No final PUD shall be implemented until the applicant files with the city public improvements department a bond approved by the city, executed by a surety company authorized to do business in the state, or other equivalent security approved by the city attorney, in an amount equal to the public works department’s estimate of the cost of all public improvements, utilities, and all landscaping portions of the final PUD, conditioned upon the permittee’s completion of such portions of the project according to the submitted final PUD and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on the bond. Said bond, or an additional bond or other equivalent security, shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the city, it will better serve the public health, welfare and safety to restore the site rather than to require completion of public improvements, utilities and landscaping. If the PUD is also being subdivided, the bonds required to be posted by BMC Title 15, to the extent that they satisfy the requirements of this section, shall be accepted as full or partial fulfillment of the requirements hereof. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.140 Building permits – Certificates of occupancy – Common walls.

A. The city shall issue building permits for buildings and structures which conform with the approved final PUD and with all other applicable city ordinances and regulations. The city shall issue a certificate of occupancy for completed buildings or structures which conform to the requirements of the approved final PUD and all other applicable city ordinances and regulations. The construction and development of all the open spaces and public and recreational facilities and required common features of any green PUD of each project phase must be completed or bonded before any certificate of occupancy will be issued.

B. In PUD projects receiving final approval, where units will have common walls, the city may issue building permits for construction of those units prior to approval of final lot lines. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.150 Extension of time for construction.

For good cause shown, the hearing body, in its discretion, may grant one extension of time for commencement or continuation of construction subsequent to approval of the final PUD. (Ord. 2029 § 1 (Exh. B), 2009; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.160 Termination of planned unit development – Failure to commence or continue construction.

A. If the construction has not been started within five years from the date of approval of a final PUD with an associated subdivision, or two years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in BMC 12.30.150, the authorization granted for the planned unit development project shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void; except that for final PUDs approved through December 31, 2011, if construction has not been started within seven years from the date of approval of a final PUD with an associated subdivision, or four years from the date of approval of any other final PUD, or if construction has been commenced but the work has been abandoned for a period of three years or more, and if no extension of time has been granted as provided in BMC 12.30.150, the authorization granted for the PUD project shall terminate as set forth herein.

B. The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of a pendency of legal action challenging an approval granted by the city pursuant to this chapter; however, in all cases, when more than five years have elapsed subsequent to the date of approval of a final PUD with associated subdivision, or more than two years have elapsed subsequent to the date of approval of any other final PUD, whether due to pendency of litigation, city-approved extensions of time for development, or otherwise, the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the city; except that for final PUDs approved through December 31, 2011, the time limits established in subsection A of this section shall apply; provided, that a change in zoning classification enacted subsequent to approval of the final development plan shall not affect the project. (Ord. 2043 § 2 (Exh. B), 2010; Ord. 2029 § 1 (Exh. B), 2009; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.170 Subdivision requirements.

The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the Bothell subdivision ordinance, codified in BMC Title 15, shall be followed concurrently herewith. The approved final development plan shall be a binding site plan under RCW 58.17.040(5), so that a lease of land not involving a residential structure shall be exempt from the subdivision ordinance if the lease conforms to the final development plan. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.180 Sale of lots.

Lots in a platted planned unit development may be sold to separate owners according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as to create a new lot line, except as provided in BMC 12.30.120. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.190 Lots subject to final PUD.

All lots or other divisions of a subdivided planned unit development shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with BMC Title 15, or subsequent conveyance of such individual lots or divisions. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.200 Access to development.

The streets connecting with any planned unit development must be of sufficient size and character to accommodate the traffic to be produced by the project without significantly altering the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this section shall include consideration of the following criteria:

A. The increase in traffic which will be generated by the development;

B. The present width and condition of streets to be affected;

C. Presence or absence of improved sidewalks;

D. Potential impacts upon the value of surrounding properties;

E. Anticipated effect upon availability of parking;

F. Existence of a particular conflict between vehicular and pedestrian traffic;

G. The street type designated in the comprehensive plan. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1946 § 2, 2005; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.210 Permissive modifications of regulations – Generally.

In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements and standards of the zone in which the project is located, and in the subdivision ordinance. In modifying such regulations, requirements and standards as they may apply to a planned unit development project, the limitations set forth in this section shall apply to all PUDs. In order to be granted any such modifications, the applicant shall demonstrate that the proposed development complies with the purpose of this chapter as stated in BMC 12.30.010. The applicant shall bear the burden of supporting any change in requirements. The city may increase any requirement necessary to make the project conform to the purposes of this chapter.

A. Front Yard Setbacks. The requirements for minimum front yard setbacks for the zone in which the planned unit development is located shall apply to all exterior boundary lines of the site.

B. Distance Between Buildings. The hearing body shall set minimum distances between structures to assure adequate sunlight and open space; provided, that minimum distances required by the International Building Code and Fire Code shall be met.

C. Building Height. Building height and corresponding setback requirements shall be governed by the requirements of the underlying zone as set forth in Chapter 12.14 BMC. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.220 Permissive modifications of regulations – Single-family PUDs.

Single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.210:

A. The minimum lot size as required in Chapter 12.14 BMC may be reduced by up to 15 percent; provided, that an area(s), not including a critical area or its buffer or storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for the following:

1. Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, picnic tables and benches;

2. Areas containing significant trees as defined in Chapter 12.18 BMC;

3. Other noncritical areas, the preservation or creation of which promote one or more goals and/or policies of the Imagine Bothell... Comprehensive Plan;

The applicant shall demonstrate that the area proposed to be set aside creates a public benefit which would not exist if the minimum lot size were not modified;

B. The number of lots in a single-family PUD shall not exceed the number of lots which could be obtained if no regulations were modified;

C. The minimum lot circle diameter as required in Chapter 12.14 BMC may be reduced up to 10 percent;

D. Within self-contained developments, the minimum front yard setback as required in Chapter 12.14 BMC for individual lots may be reduced up to 50 percent, except for garages and carports; this permissive modification shall not apply to the front yard setback from all exterior boundary lines of the site required under BMC 12.30.210(A);

E. Required side and rear yard setbacks shall not be reduced. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.230 Permissive modifications in regulations – Non-single-family PUDs.

Non-single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.210: When a PUD containing attached dwelling units is proposed on property having more than one R zone which allows attached dwelling units, the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed to be located on each portion of the PUD area located in a separate zone according to the regulations of that zone. The number of units arrived at by this method may be located anywhere within the planned unit development, subject to the PUD approval process set forth in this chapter. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.240 Permissive modifications in regulations – Green PUDs.

Green PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.210 and 12.30.230:

A. In single-family green PUDs, the minimum lot size as required in Chapter 12.14 BMC may be reduced by up to 30 percent; provided, that an area(s), not including a critical area or its buffer or a non-low-impact-development storm water conveyance or storage facility, equal to the combined reduction in lot area is set aside for one or more of the following:

1. Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, picnic tables and benches;

2. Permanently dedicated open space tracts containing undisturbed or re-created forest areas as described within Chapter 12.52 BMC (Fitzgerald/35th Avenue SE Subarea Regulations);

3. Special storm water conveyance or storage facilities consistent with low impact development practices and standards as promulgated within Chapter 12.52 BMC and the Bothell Design and Construction Standards;

4. Other noncritical areas, the preservation or creation of which promotes one or more goals and/or policies of the Imagine Bothell... Comprehensive Plan.

B. The number of lots in a single-family green PUD shall not exceed the number of lots which could be obtained if no regulations were modified.

C. The minimum lot circle diameter as required in Chapter 12.14 BMC may be reduced up to 30 percent.

E. Required side and rear yard setbacks shall not be reduced.

F. Recreation area requirements as set forth in Chapter 12.20 BMC may be varied as follows:

1. The minimum recreation area required in BMC 12.20.020 may be modified by the hearing body when trails and viewing platforms or facilities of a similar nature are provided within or adjacent to retained forest areas;

2. Single purpose facilities may account for up to 80 percent of the required recreation area;

3. Location, layout and dimensions of required recreation areas in BMC 12.20.040 may be varied to accommodate the use of trails and other linear facilities located within forest retention areas.

G. The hearing body may grant modifications to the Bothell Design and Construction Standards and Specifications as adopted in BMC 17.02.010 as conditions of approval of a green PUD in accordance with the following:

1. Public street width standards may be reduced pursuant to the following:

a. Public streets classified by the city as public local access streets (ADT less than 500) may be constructed as two-lane, two-way, 20-foot-wide clear, drivable surface constructed of a standard paving material; provided, that on-street parking is prohibited on both sides of the street and announced with appropriate signage.

b. Should on-street parking on one side of the street be desired, a six-foot-wide parking area will be added to the 20-foot-wide drivable surface for a total width of 26 feet. The six-foot-wide parking area may be constructed of a pervious material as recommended by the public works director.

c. Should on-street parking on both sides of the street be desired, a six-foot-wide parking area shall be added to both sides of the 20-foot-wide drivable surface for a total width of 32 feet. The six-foot-wide parking area may be constructed of a pervious material as approved by the public works director.

d. Local access streets (ADT less than 500) may be constructed as one-way looped road sections in accordance with recommendations from the public works director and the city fire marshal.

e. Guest parking must be provided when on-street parking is not constructed. One guest parking stall shall be provided for every four dwelling units. All guest parking will be clearly identified with signage and striping.

2. Private street and fire department access drives may be reduced to the following:

a. Local access private streets and access drives (ADT less than 500) may be constructed as 16-foot-wide clear, drivable surfaces constructed of standard pavement materials, with an additional three-foot pervious material shoulder capable of supporting the imposed weight of a fire apparatus on each side; provided, that on-street parking is prohibited on both sides of the street and announced with appropriate signage.

b. Guest parking must be provided when on-street parking is not constructed. One guest parking stall shall be provided for every four dwelling units. All guest parking will be clearly identified with signage and striping.

3. Roadway materials standards may be varied according to the following:

a. Pervious pavement may be allowed on road shoulders subject to specific standards established by the public works department to ensure serviceability and durability.

b. Pervious pavement on emergency vehicle turnouts and traveled ways may be allowed on a case-by-case basis by the public works director in consultation with the fire marshal based on specific plans and information regarding roadway serviceability and durability.

4. Cul-de-sac and turn-around dimensions may be varied to provide a hammerhead type of design to reduce impervious surface and may be constructed of pervious pavement pursuant to the LID Supplement to the Bothell Design and Construction Standards.

5. Pedestrian facility placement, design, and materials standards may be varied according to the following:

a. A single sidewalk or trail on one side of the street may be allowed on public roads and private roads and driveways if the following criteria are met:

(1) The sidewalk is not designated as a primary pedestrian access route to schools;

(2) The sidewalk does not serve more than 100 dwelling units as the single point of pedestrian access between the residential unit and other elements of the pedestrian circulation system;

(3) Marked crosswalks are provided to allow pedestrians to safely cross the street to the pedestrian facility at safe locations.

b. Pedestrian facilities may utilize pervious pavement subject to specific standards to ensure serviceability and durability.

6. Parking lot standards may be varied to allow pervious pavement throughout the parking lot, provided drive aisles are capable of supporting the weight of fire apparatus. Pervious pavement shall be required on all portions of the parking lot other than the drive aisle when soil conditions warrant. (Ord. 2028 § 1 (Exh. B), 2009).

12.30.250 Conditions of approval control over conflicting regulations.

The conditions of approval of an adopted final PUD control over any conflicting regulations. (Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.240.).