Chapter 12.30
PLANNED UNIT DEVELOPMENTS

Sections:

12.30.010    Purpose.

12.30.020    Types of planned unit developments – Where permitted – Uses permitted.

12.30.030    Permissive modifications of regulations – Generally.

12.30.040    Permissive modifications of regulations – Standard single-family PUDs.

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

12.30.060    Permissive modifications in regulations – Green PUDs.

12.30.070    Permissive modifications – Clustered subdivisions.

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

12.30.090    Phased development.

12.30.100    Preliminary PUDs – Contents of complete application.

12.30.110    Preliminary PUDs – Criteria for approval.

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

12.30.130    Approved preliminary PUD – Extension of time for filing final PUD.

12.30.140    Preliminary PUDs – Failure to file for final PUD – Termination.

12.30.150    Final PUDs – Contents of complete application.

12.30.160    Final PUDs – Criteria for approval.

12.30.170    Effect of PUD approval.

12.30.180    Conditions of PUD approval control over conflicting regulations.

12.30.190    Subdivision requirements.

12.30.200    Lots subject to final PUD.

12.30.210    Final PUDs – Minor modifications to approved final PUD.

12.30.220    Final PUDs – Major modifications to approved final PUD.

12.30.230    Building permits – Certificates of occupancy – Common walls.

12.30.240    Extension of time for construction.

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

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, except as expressly authorized by this chapter, 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. 2221 § 2 (Exh. B), 2017; Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.020 Types of planned unit developments – Where permitted – Uses permitted.

A.    Five types of planned unit developments are established. A PUD may comprise all or any combination of the below types:

1.    Standard 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. A single-family PUD requires the approval of a subdivision consistent with the procedures set forth in the Bothell subdivision ordinance, codified in BMC Title 15.

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 development 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. Green PUDs which comprise detached single-family residences require approval of a subdivision consistent with the procedures set forth in the Bothell subdivision ordinance, codified in BMC Title 15. In order to be considered a green PUD, a proposed development must include design and features that achieve at least the minimum certification level identified below under one of the following programs or other certification program as approved by the community development director:

a.    For site development:

(1)    The United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) Neighborhood Design at the Gold level or higher;

(2)    The International Code Council (ICC) and National Home Builders Association (NHBA) National Green Building Standard (NGBS) at either the Green Subdivision Four Star or higher level or the Lot Design, Preparation and Development Gold level or higher;

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

(4)    The Pacific Rivers Council Salmon Safe, at the Salmon Safe Certification level.

b.    For building design:

(1)    The United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) at the Silver or higher level;

(2)    The International Code Council (ICC) and National Home Builders Association (NHBA) National Green Building Standard (NGBS) at the Silver or higher level for building design; and

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

4.    Fitzgerald/35th Avenue SE Subarea clustering PUDs, comprising clustered subdivisions within the Fitzgerald/35th Avenue SE Subarea consistent with Chapter 12.52 BMC.

5.    City-wide clustered subdivision PUDs, which may include detached or attached residential developments on individual lots where the development preserves open space. A clustered subdivision PUD requires the approval of a subdivision consistent with BMC Title 15.

B.    Planned unit developments may be located within any zoning classification.

C.    Uses permitted within the PUD shall be governed by the use regulations of the underlying zoning classification as provided for within Chapter 12.06 BMC or any subarea regulations governing permitted and conditional uses, including special overlay zoning classifications, except as expressly modified by this chapter. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996).

12.30.030 Permissive modifications of regulations – Generally.

In considering a proposed planned unit development project, the approval thereof may involve modifications in the site development regulations, requirements and standards of this title, Zoning, and BMC Title 17, Transportation, as identified within this chapter. 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 requirements for minimum side and rear yard setbacks may be modified; provided, that minimum distances required by the International Building Code and Fire Code shall be met.

C.    Building Height. Building height and any corresponding setback requirements related to building height shall be governed by the requirements of the underlying zoning classification as set forth in Chapter 12.14 BMC or any applicable subarea regulation. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.210.).

12.30.040 Permissive modifications of regulations – Standard single-family PUDs.

Standard single-family PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.030; provided, however, that within the Fitzgerald/35th Avenue SE Subarea the clustering provisions of BMC 12.52.040 shall control regarding the minimum lot size, common open space areas, the number of lots allowed, and the minimum lot circle dimension:

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 in a manner that creates a public benefit that would not exist if the minimum lot size were not modified. Set asides may include one or more of the following:

1.    Common useable open space comprising landscaping and facilities such as but not limited to play areas, trails, gazebos, covered shelters, 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 promotes one or more goals and/or policies of the Imagine Bothell... Comprehensive Plan;

B.    The number of lots in a standard 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 12.30.030(A);

E.    Required side and rear yard setbacks may be reduced; provided, that minimum distances required by the International Building Code and Fire Code shall be met. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.220.).

12.30.050 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 12.30.030:

A.    When a non-single-family PUD proposes attached dwelling units and the subject property(s) contains different zoning classifications that have different dwelling unit per acre amounts, the total number of dwelling units allowed within the PUD may be determined by calculating the number of dwelling units allowed within each zoning classification portion of the PUD and adding the allowed dwelling units together creating a total number of allowed dwelling units.

B.    The number of units arrived at by the method identified above may be located anywhere within the planned unit development, subject to the PUD approval process set forth in this chapter. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.230.).

12.30.060 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 12.30.030, 12.30.040 and 12.30.050:

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, gazebos, covered shelters, picnic tables and benches;

2.    Permanently dedicated open space tracts containing intact, rehabilitated or restored forest areas as described within Chapter 11.02 BMC;

3.    Special storm water conveyance or storage facilities consistent with low impact development practices and standards as promulgated within 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 by up to 30 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 12.30.030(A).

E.    Required side and rear yard setbacks may be reduced; provided, that minimum distances required by the International Building Code and Fire Code shall be met.

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 approved 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 sidewalk or trail may be allowed on one side of public or private streets or 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009. Formerly 12.30.240.).

12.30.070 Permissive modifications – Clustered subdivisions.

Clustered subdivision PUDs shall be subject to the following limitations in modification of regulations in addition to those limitations set forth in BMC 12.30.030, 12.30.040 and 12.30.050:

A.    For clustered subdivision PUDs, the minimum lot area as required in Chapter 12.14 BMC within the R 5,400d, R 7,200, R 8,400 and R 9,600 zoning classifications may be reduced up to 50 percent.

B.    For clustered subdivision PUDs, the minimum lot area as required in Chapter 12.14 BMC within the R 40,000 zoning classification may be reduced up to 60 percent.

C.    For clustered subdivision PUDs, the minimum lot circle diameter as required in Chapter 12.14 BMC within the R 5,400d, R 7,200, R 8,400 and R 9,600 zoning classifications may be reduced up to 50 percent.

D.    For clustered subdivision PUDs the minimum lot circle diameter as required in Chapter 12.14 BMC within the R 40,000 zoning classification may be reduced up to 60 percent.

E.    The number of lots in a clustered subdivision PUD shall be subject to the following lot yield methodology:

1.    The net buildable area of the development site shall be determined pursuant to BMC 12.14.030(B)(3) wherein land area in roads and other rights-of-way, critical areas, critical area buffers, or land dedicated to the city for other purposes shall be deducted from the gross site area;

2.    To determine the number of allowed lots upon the subject property, the net buildable area shall be divided by the underlying zoning classification’s minimum lot area thereby deriving the number of allowed lots;

3.    Portions of the net buildable area placed into a dedicated open space tract pursuant to subsection J of this section shall be credited toward the allowed lot yield calculation; and

4.    An increase in the number of allowed lots for clustered subdivisions PUDs shall be permitted consistent with subsection (J)(1)(b) of this section.

F.    Side and Rear Yard Setbacks. Side and rear yard setbacks may be modified consistent with BMC 12.30.030(B).

G.    Front Yard Setbacks. Front yard setbacks for individual lots may be modified consistent with BMC 12.30.040(D).

H.    Building Coverage. The maximum building coverage percentage within the R 9,600, R 8,400, R 7,200 and R 5,400d zoning classifications for each residential lot within a clustered subdivision PUD may be increased up to 45 percent of the lot area; provided, however, that the total building coverage allowed on the total development site shall be no greater than 35 percent of the net buildable area of the development site.

I.    Hard Surface Cover. The maximum hard surface cover for each residential lot within a clustered subdivision PUD may be increased consistent with the schedule below; provided, however, that the maximum amount of hard surface coverage shall be no greater than that established for the underlying zoning classification as applied to the net buildable area of the development site:

1.    R 40,000 Zone. No increase in hard surface coverage is allowed;

2.    R 9,600 Zone. Hard surface coverage placed within individual lots may increase from 45 percent up to a maximum of 55 percent;

3.    R 8,400 Zone. Hard surface coverage placed within individual lots may increase from 50 percent up to a maximum of 60 percent;

4.    R 7,200 Zone. Hard surface coverage placed within individual lots may increase from 65 percent up to a maximum of 75 percent; and

5.    R 5,400d Zone. Hard surface coverage placed within individual lots may increase from 70 percent up to a maximum of 80 percent.

J.    Open Space Preservation. Clustered subdivision PUDs shall reserve a portion of the site as dedicated, permanent open space not available for future development consistent with the following criteria:

1.    Amount of Land to Be Preserved.

a.    All clustered subdivision PUDs shall provide for a minimum of 10 percent of the net buildable area of the site to be placed within a dedicated tract containing intact forest, rehabilitated or restored forest, a forest equivalent surface water facility, as defined herein, a tree preservation, or another type of passive open space tract to be preserved in perpetuity consistent with the provisions of subsection (J)(3) of this section; or

b.    For clustered subdivision PUDs, the city may approve an increase in the number of lots beyond the number established by the allowed lot yield method of subsection E of this section provided additional land is placed within a dedicated tract containing intact forest, rehabilitated or restored forest, forest equivalent surface water facility as defined herein, a tree preservation, or other type of passive open space tract to be preserved in perpetuity consistent with the provisions of subsections (J)(2) and (3) of this section, consistent with the following schedule:

(1)    Preserving at least 15 percent of the net buildable area as open space tract consistent with this section, an increase of 10 percent of the calculated lot yield; or

(2)    Preserving at least 20 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 15 percent of the calculated lot yield; or

(3)    Preserving at least 25 percent of the net buildable area with an open space tract consistent with this chapter, an increase of 20 percent of the calculated lot yield; or

(4)    Preserving at least 30 percent of the net buildable area within an open space tract consistent with this chapter, an increase of 25 percent of the calculated lot yield.

2.    Type of Land to Be Preserved as Open Space. The type of open space shall be based upon the following hierarchical preferences. Applicants shall demonstrate that all reasonable efforts have been made to design the development in a manner that preserves the types of lands listed herein consistent with these hierarchical preferences:

a.    Intact forest areas as defined within Chapter 11.02 BMC;

b.    Rehabilitated or restored forest areas as defined within Chapter 11.02 BMC;

c.    Lands containing existing trees preserved pursuant to Chapter 12.18 BMC;

d.    Lands adjacent to critical area buffers which are also enhanced pursuant to Chapter 14.04 BMC;

e.    Lands used for forest equivalent surface water facilities, provided such facilities shall be limited to bioinfiltration or surface water dispersion into forest lands;

f.    Lands used for passive recreational open space purposes may contain trails, picnic tables, benches, and open lawn areas; provided, that existing significant trees shall not be removed to create open lawn areas and/or other passive recreational uses. Up to 20 percent of the passive recreational open space area may be used for active recreation uses such as playgrounds, tot lots, sports courts, playfields, shelters, gazebos, and other active recreation open space uses.

    All passive and active recreational open space areas shall be accessible to residents of the development via dedicated access tracts or easements that are at least 10 feet in width; and

g.    Lands used for passive open space purposes containing trails, picnic tables, benches, and other passive recreational uses, provided such areas are accessible to residents of the development via access tracts or easements that are at least 10 feet in width.

3.    All lands preserved as open space shall be placed into a separate and permanent open space tract as follows:

a.    All open space tracts shall be recorded on all documents of title of record for all affected lots.

b.    Open space tracts shall be designated on the face of the plat or recorded drawing in a form as approved by the city attorney and shall be placed within an individual tract. The designation shall include the following restrictions:

(1)    The stated purpose of the open space tract shall be clearly indicated. For example, if the open space tract is adjacent to a critical area, the tract shall stipulate the purpose is to prevent harm to the environment, including, but not limited to, controlling surface water runoff and erosion, buffering, protecting plants, fish, and animal habitat, etc. If the purpose is to preserve existing mature trees and other plant materials, the tract shall stipulate that trees may not be removed except as needed to protect the health, safety and welfare of adjacent residential structures as reviewed and authorized by the city of Bothell; and

(2)    The right of the city to enforce the terms of the restriction.

c.    The city may require that the open space tract be held for its stated purpose in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association or other legal entity (such as a land trust, which ensures the ownership, maintenance, and protection of the tract).

d.    Statements shall be included which provide that the open space tract shall not be subject to future development or alteration except for maintenance of the tract for its intended purpose or for other common activities associated with the purpose of the tract.

K.    Clustered subdivision PUDs may allow attached residential developments such as townhouses or other types of attached residential development, provided the dwelling unit is contained within its own individual lot, subject to the following additional requirements:

1.    At least 40 percent of the net buildable area is preserved within a permanent open space tract as described in subsections (J)(2) and (3) of this section;

2.    All buildings containing three or more dwelling units shall be set back from the perimeter of the development as described within BMC 12.30.030(A) a minimum of 30 feet and shall install a Type III landscape buffer. Should the development contain both attached and detached residential buildings, the portion of the site that contains detached residential buildings may apply the 20-foot perimeter setback dimension of BMC 12.30.030(A);

3.    Attached residential buildings shall comply with the requirements of BMC 12.14.200, Exterior building design – Multiple-family residential; and

4.    Increases in the lot yield for attached residential dwelling units as established under subsection J of this section shall be limited to a maximum of a 20 percent increase in lot or dwelling unit yield.

L.    Clustered subdivision PUDs are eligible for modifications to the Bothell Design and Construction Standards and Specifications as adopted in BMC 17.02.010 in accordance with the same modifications available for a green PUD as described within BMC 12.30.060(G). (Ord. 2221 § 2 (Exh. B), 2017).

12.30.080 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, which application(s) shall be processed concurrently with the PUD application(s). (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.070.).

12.30.090 Phased development.

A.    Development of a PUD 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 shall comply with the provisions of this chapter and any subarea regulation. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.080.).

12.30.100 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 standard 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 achieve the purposes as set forth in BMC 12.30.020(A)(3), 12.30.110(F), and the following submittal items:

a.    Identification of which green program the applicant is proposing to implement;

b.    Documentation showing the applicant is either currently enrolled or is a member of the identified green program or that members of the development team are enrolled or are members of the identified green program;

c.    The name of the green program verifier, or verification team; and

d.    A completed checklist from the selected green program wherein the applicant identifies the features and techniques that will be used to achieve the minimum certification level;

8.    For clustered subdivision PUDs, a conceptual drawing and narrative describing the type, location, size, and features of the proposed open space area(s);

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

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

11.    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;

12.    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;

13.    Other information required by the community development director, or by any other section of the Bothell Municipal Code. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.090.).

12.30.110 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 vehicular and pedestrian traffic within the proposed project and in the vicinity of the proposed project, in light of the transportation provisions and concurrency standards of BMC Title 17 and 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 the Bothell Design and Construction Standards and BMC Title 18, Utilities Infrastructure, and 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 site development and building designs include features, improvements and facilities that would achieve at least the minimum certification specified under BMC 12.30.020 under the Leadership in Energy and Environmental Design Standard, National Green Building Standard, the Built Green Standard, the Salmon Safe Standard, 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.100.).

12.30.120 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 12.30.080 and this section, 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 and site perimeter buffering;

6.    A decrease in the amount or hierarchical preference of any proposed open space pursuant to BMC 12.30.070; and

7.    An increase in traffic volumes or change in circulation patterns which impacts surrounding development. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.110.).

12.30.130 Approved preliminary PUD – Extension of time for filing final PUD.

For good cause shown, the city council, in its discretion, may grant an extension of time of one year for filing the final PUD application, 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.120.).

12.30.140 Preliminary PUDs – Failure to file for final PUD – Termination.

A.    In the event the final PUD application is not filed within 12 months following approval of a preliminary PUD, except as provided in BMC 12.30.130 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; 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. Formerly 12.30.130.).

12.30.150 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 12.30.120. 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 12.30.100 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 and any open space pursuant to BMC 12.30.070, 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; and

6.    For clustered subdivision PUDs, a description of the type of open space being provided and the proposed management or maintenance of the open space. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.140.).

12.30.160 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 12.30.120. 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 12.30.120. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.150.).

12.30.170 Effect of PUD approval.

The approved final development plan shall have the effect of 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013. Formerly 12.30.160.).

12.30.180 Conditions of PUD approval control over conflicting regulations.

The conditions of approval of an adopted final PUD control over any conflicting regulations. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013. Formerly 12.30.170.).

12.30.190 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013. Formerly 12.30.180.).

12.30.200 Lots subject to final PUD.

A final PUD runs with the land and notice on title is required. 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013. Formerly 12.30.190.).

12.30.210 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.    For clustered subdivision PUDs, the modification shall not reduce the amount of open space lands, nor the identified type of open space and any facilities, consistent with BMC 12.30.070(J), permitted to be included within the open space tract;

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

12.    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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; 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. Formerly 12.30.200.).

12.30.220 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 12.30.210(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 12.30.110. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2076 § 2 (Exh. B), 2011. Formerly 12.30.210.).

12.30.230 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.220.).

12.30.240 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; Ord. 2029 § 1 (Exh. B), 2009; Ord. 2028 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1629 § 1, 1996. Formerly 12.30.230.).

12.30.250 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 12.30.240, 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 12.30.240, 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. 2221 § 2 (Exh. B), 2017; Ord. 2117 § 2 (Exh. B), 2013; 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. Formerly 12.30.240.).