Chapter 13.38
PLANNED UNIT DEVELOPMENT
Sections:
13.38.020 Purpose and intent.
13.38.040 Objectives.
13.38.060 Administering authorities.
13.38.080 Where permitted.
13.38.100 Limited code modifications permitted.
13.38.120 Density.
13.38.140 Density bonus.
13.38.160 Off-street parking requirements.
13.38.180 Permitted uses.
13.38.200 Conditional uses.
13.38.220 General review and decision process.
13.38.240 Optional preapplication review.
13.38.260 Preliminary development plan – General process.
13.38.280 Preliminary development plan – Complete application requirements.
13.38.300 Preliminary development plan – Board and commission review.
13.38.320 Preliminary development plan – City council review and public hearing.
13.38.340 Preliminary development plan – Decision criteria.
13.38.360 Preliminary development plan – Findings and conclusions.
13.38.380 Preliminary development plan – Notice of decision.
13.38.400 Preliminary development plan – Effect of denial.
13.38.420 Preliminary development plan – Duration of approval.
13.38.440 Final development plan – Submittal deadline.
13.38.460 Final development plan – Substantial compliance with preliminary development plan required.
13.38.480 Final development plan – Complete application requirements.
13.38.500 Final development plan – City council action.
13.38.520 Final development plan – Filing.
13.38.540 Final development plan – Inspection fee.
13.38.560 Administration and enforcement.
13.38.580 Appeals.
13.38.020 Purpose and intent.
The purpose and intent of this planned unit development (hereinafter referred to as “PUD”) chapter is to establish a zoning district that encourages and allows opportunity for more creative and imaginative design of land developments than is possible under other city zoning and development regulations. It is further intended to encourage the preservation of unique or sensitive physical features, such as steep slopes, public views, retention of natural vegetation, and other nonregulated natural areas, and to provide more open space and recreational amenities for residents of the development and the general public than would be available under conventional land development practices. Additionally, it is intended to promote more economical and efficient use of land and a unified design concept for residential development. This PUD chapter is intended to allow substantial flexibility in planning and designing a proposal in accordance with the city of Ellensburg comprehensive plan. Ideally, this flexibility will result in a development that is better planned, contains more amenities, and ultimately is a development that is more desirable to live in than one produced in accordance with the conventional city zoning ordinance, subdivision controls and development standards.
An intrinsic, and often neglected, premise upon which the approval of a PUD must be conditioned is that while greater density or more lenient siting requirements may be granted by the city, the PUD should contain features not normally required of traditional developments under existing city zoning, subdivision and development standards. Inherent to realizing these objectives is continuous and in-depth scrutiny of each proposed PUD to ensure the objectives are being adhered to. [Ord. 4307, 2001; Ord. 4175, 1998.]
13.38.040 Objectives.
Through proper planning and design, each PUD should include features that further and are in compliance with the following objectives:
A. To ensure future growth and development occurs in accord with the adopted elements of the comprehensive plan and all planning policies of the city.
B. To allow for the design of developments that are architecturally and environmentally innovative; and that achieve better utilization of land than is possible through strict application of the city's standard zoning and subdivision controls.
C. To encourage innovations in land development and renewal, such as by allowance of greater densities in return for the provision of additional public benefits.
D. To foster the safe, efficient, and economic use of the land, transportation systems, public facilities and services.
E. To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely flooding soil, drainage ways, and other natural ecologic functioning conditions.
F. To combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner.
G. To provide for abundant, accessible, and properly located public open and recreation space, private open and recreation space, schools, and other public and private facilities.
H. To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.
I. To enable land developments to be compatible and congruous with adjacent and nearby land developments.
J. To ensure development occurs at proper locations, e.g., away from environmentally sensitive areas, providing for adequate drainage and surge storage.
K. To allow unique harmony and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community and protects existing neighborhoods from harmful encroachment by intrusive and disruptive development.
L. To create a method for the permanent preservation of historic buildings and/or landmarks.
M. To encourage development of vacant properties within established areas and to facilitate the phased development of larger tracts of land. [Ord. 4307, 2001.]
13.38.060 Administering authorities.
The administering authorities shall be as follows:
A. Administrator. The director of community development, or her or his designee, shall be the administrator for all planned unit development applications.
B. City Council. The city council shall have sole authority to approve preliminary development plans and final development plans for planned unit developments. [Ord. 4307, 2001.]
13.38.080 Where permitted.
The PUD zone is a rezone option that is available to properties within all zoning districts where new residential land uses are permitted uses. [Ord. 4433 § 1, 2006; Ord. 4307, 2001.]
13.38.100 Limited code modifications permitted.
As a means for providing flexibility in developing a variety of environments for living, working, shopping and recreation, an applicant for a PUD may request a modification of certain requirements and standards of the city's zoning ordinance (ECC Title 13), subdivision ordinance (ECC Title 12) sections pertaining to public works department development standards, landmarks and design ordinance (Chapter 1.45 ECC), and landscaping ordinance (Chapter 4.38 ECC). Subject to the limitations set forth in subsection (A) of this section, the city may deny, approve, or approve with conditions any or all of the requested modifications, and any such modifications shall only be approved if the PUD is consistent with this chapter and it accomplishes, by the use of permitted flexibility and variation in design, a development that is better than that which would result from traditional development.
A. Limitation of Authority to Modify Code Requirements. In approving a PUD, the city may deny, approve, or approve with conditions the requested modification of any of the provisions of the city's zoning ordinance (ECC Title 13), subdivision ordinance (ECC Title 12) pertaining to public works department development standards, landmarks and design ordinance (Chapter 1.45 ECC) and landscaping ordinance (Chapter 4.38 ECC) except:
1. The city may not modify any provision of this chapter;
2. The city may not modify any of the permitted or conditional uses of the zoning ordinance as applicable to a PUD and set forth in ECC 13.38.180 and 13.38.200;
3. The city may not modify any provisions of the city code that specifically state that their requirements are not subject to modifications under a PUD;
4. The city may not modify any of the procedural, enforcement and administrative provisions of the city code, including but not limited to the fire, building and energy codes;
5. The city may not modify any provision of the city's critical areas ordinance;
6. The city may not modify any provision pertaining to the installation and maintenance of storm water retention/detention facilities;
7. The city may not modify any provision pertaining to installation of required public improvements, including the requirement that all streets within subdivisions shall be public streets;
8. The city may not modify any provision pertaining to signs;
9. The city may not modify any provision pertaining to the amount of parking required under this chapter;
10. The city may not modify any provision that would result in noncompliance with the city's comprehensive plan; and
11. The city may not approve a modification of the building height requirements of the underlying zoning district that is the subject of the PUD rezone request, unless the city makes an affirmative finding that the topography and arrangement of structures does not unreasonably impair primary scenic views of the surrounding areas, as compared to lot-by-lot development; and further provided, that all fire code and building code requirements are complied with and necessary fire response equipment is available to adequately address the fire fighting impacts of the modified building height. Height modification requests for perimeter buildings will be subject to stricter scrutiny, and setbacks may be imposed in order to protect the surrounding neighborhood. [Ord. 4307, 2001.]
13.38.120 Density.
Except for city-approved adjustment for density bonuses as permitted and set forth in ECC 13.38.140, the average base residential development density in a PUD shall not exceed the maximum density allowed in the underlying zoning district that is the subject of the PUD rezone request. For those properties requesting PUD zoning at time of annexation, the annexation request shall be accompanied with a zoning district designation request and the maximum density allowed in the PUD shall not exceed the maximum density allowed in the zoning district that is designated at the time of annexation. For purposes of determining density, the PUD area shall consist of the gross amount of square footage within the PUD. [Ord. 4307, 2001.]
13.38.140 Density bonus.
Subject to the requirements set forth below, the density within a PUD may be increased over that permitted in the underlying zone that is the subject of the PUD request, and the density within a PUD proposal made at time of annexation may be increased over that permitted in the adopted annexation zoning district designation, but only if it is consistent with the underlying comprehensive plan designation for the property. The maximum density bonus shall not exceed beyond 30 percent over the density allowed in the underlying zone that is the subject of the PUD rezone request or over the maximum density of the adopted annexation zoning district designation. Density calculations shall be based on the gross amount of square footage in the PUD; shall be calculated individually on that underlying density or adopted annexation zoning district density; and the sum of all individual density bonus calculations granted for a PUD shall be rounded up to the next whole unit. The applicant has the burden of demonstrating that the PUD proposal qualifies for the requested density bonus, and the extent of any density bonus, if approved, shall be determined solely by city council. The following categories outline the characteristics that may qualify a PUD for a density bonus:
A. Design and Appearance of Site and Buildings – Up to 10 Percent Density Bonus. All multifamily projects of five units or more are subject to the city's minimum design standards for residential development as set forth in ECC 1.45.540. All projects proposed for PUD approval are expected to meet a higher degree of design quality and site amenities using the existing design standards as guiding criteria.
To qualify for this bonus, the PUD must exhibit design and appearance characteristics that are superior to those set forth in the city's minimum design standards and other mandatory development codes. Examples of categories that would fall within this density bonus include, but are not limited to:
1. Architectural design, placement, relationship and orientation of structures and other features, e.g., reduced building setbacks or inclusion of nonmotorized transit facilities;
2. Minimal use of impervious surfacing materials, e.g., siting off-street parking within the building structure;
3. Landscaping, screening and buffering within and along the perimeter of the PUD that is superior to or in excess of that required elsewhere under the existing city code, e.g., enhancement of the visual compatibility of the development with the surrounding neighborhood via vegetative buffering;
4. Energy efficiency measures that exceed the city's mandatory code requirements for features such as preservation of solar access; south orientation with added glazing for inhabited structures; the use of landscaping and topography for windbreaks and shading; common wall construction; transportation management strategies, including transportation demand management strategies; the use of active or passive solar energy systems for primary heating and cooling; energy conserving design of roadways and structures; and use of higher insulation levels than would normally be required. To qualify for this bonus, the applicant must demonstrate that the design exceeds the minimum code requirement. This bonus shall be calculated as follows: for each one percent of demonstrated energy savings beyond those minimum code requirements, the applicant shall be entitled to a one percent density bonus subject to the overall limit of a maximum of 10 percent density bonus for all of the design and appearance of site and building features;
5. Environmental design measures that exceed the city's mandatory code requirements for features such as on-site facilities providing regional benefits, including drainage control using natural drainage and landscaped drainage retention facilities; flood control measures; innovative water conservation designs such as xeriscaping, storm water storage and reuse for irrigation and gray-water irrigation; and use of recycled materials and resource-conserving design.
The term “superior” as used in this density bonus shall mean exceeding or going beyond the city's existing design standards as set forth in Chapter 1.45 ECC or any other relevant city code requirements. The landmarks and design commission shall review all requests for density bonuses based on the design and appearance of site and buildings and shall make a recommendation to the city council as to the extent of bonus available. In addition, all requests for density bonuses based on energy efficiency features or environmental design features shall be accompanied by appropriate technical data substantiating both the degree to which the feature exceeds the city's mandatory code requirements and the proposed conservation values to be realized through utilization of the proposed feature, and shall include proposed measures to ensure that the features will remain an integral and functioning component in the long-term use of the PUD.
City council approval of the PUD project as meeting the higher design quality expectations of this chapter is a necessary requirement in order for the project to accrue up to an additional 10 percent density bonus.
B. Usable Open Space – Up to 20 Percent Density Bonus. Open space located within the PUD project that serves as a recreational, park or environmental amenity or resource to the occupants of the PUD and/or the general public is an expected feature in an approved PUD project.
Active or passive recreation uses are characterized by open space elements that are large enough to adequately serve the intended recreation function. Depending upon the nature of the recreational, park or environmental amenity or resource function to be served, the open space is to be developed with adequate facilities and improvements to allow the activity to occur.
Open space in locations, shapes, or sizes that serves as a general buffering or as accent landscaping integrated with the site and architectural details of the project does not qualify for this bonus.
To qualify for this bonus the applicant must be providing open space in excess of the underlying zoning district open space requirements. Subject to the following open space performance standards, each one percent of additional open space in the PUD area beyond the minimum required by the underlying zoning district requirements shall result in a one percent density bonus, with the total open space bonus not to exceed 20 percent:
1. The open space shall not include public or private streets, driveways, parking areas or the required yards for buildings or structures; provided, however, that up to 30 percent of the open space may be composed of open space on contiguously owned properties reserved by easement or covenant to assure that the open space will be permanent.
2. No naturally submerged lands on-site will be counted as open space.
3. All open space associated with this density bonus must be unique to the current PUD project and not a result of any prior land use approval.
4. All land shown in the final development plan as open space, including both normal open space and open space associated with this density bonus, and all landscaping and/or planting contained therein, shall be permanently maintained by and conveyed to one of the following:
a. A public agency that agrees to maintain the open space and any buildings, structures or other improvements which have been placed on it; or
b. An association of owners shall be formed and continued for the purpose of maintaining the open space. The association shall be created as an association of owners under the laws of the state with adopted articles of incorporation. The association shall adopt and record with the county auditor a declaration of covenants and restrictions on the open space that are acceptable to the city in order to provide for the continued care of the open space. No open space may be put to a use not specified in the final development plan unless the final development plan is amended to permit such use. No change of use may be considered as a waiver of any of the covenants limiting the use of open space area, and all rights to enforce these covenants are expressly reserved to the city of Ellensburg as well as the owners. In addition, the following requirements shall be met:
i. The homeowner's association must be established before any lots or residences are sold.
ii. Membership in the association must be mandatory for each residence or lot owner.
iii. Open space requirements must be permanent and not for a period of years.
iv. The homeowner's association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities.
v. The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities.
vi. The governing board of any such association shall consist of at least three members who shall be owners of property in the PUD.
5. The developer shall submit a legal instrument setting forth a plan for the permanent care and maintenance of any nonpublicly dedicated open spaces, recreational areas and community owned facilities and parking lots within the PUD. The plan shall be submitted to the city attorney and shall not be accepted until approved as to legal form and effect.
6. All legal documents necessary to implement this requirement (typically in the form of easements, conditions, covenants and restrictions) shall be filed by the applicant with the final development plan, and shall be subject to approval as to form by the city attorney. All such plans shall contain provisions whereby the city is granted the right to enforce the permanent retention and maintenance of such nonpublicly dedicated open spaces, recreational areas and community-owned facilities, and parking lots within the PUD, and further, that in the event such areas are permitted to deteriorate, or are not maintained in a condition consistent with the approved plan, the city may, at its option, cause necessary maintenance to be performed and assess the costs to the owners of the property within the PUD.
7. Open space shall be suitably improved for its intended use, except when it contains natural features worthy of preservation which may be left unimproved. The buildings, structures and improvements to be permitted in the open space are those appropriate to the uses that are authorized for the open space.
City council approval of the proposed open space as part of the approved site plan and the provision for the perpetual maintenance of the open space in its intended state and for its intended functions are necessary requirements for the project to accrue up to an additional 20 percent density bonus.
C. Provision of Low Income Housing Units or Lots – Up to 20 Percent Density Bonus. The provision of low income housing units or lots is a desired objective in PUD projects. Such provision can be accomplished directly by the developer through construction of low income housing units within the PUD, creation of low income housing lots within the PUD, or through partnership with local housing agencies/providers or governmental entities.
The provision of low income housing units or lots in a PUD project must at a minimum address the following:
1. Limitation of occupancy of the assigned dwelling units or lots to families meeting the community development block grant low income standards based on total family size.
2. Rent or mortgage levels for such designated units or purchase price for such designated lots based upon the low income totals which, when added to estimated utility expenses, are not expected to exceed 30 percent of total family income.
3. Means by which the rent or mortgage levels and the income limits of tenants or owners of assigned units or lots would be established, monitored and maintained.
4. Length of time such units or lots will be assigned a low income designation.
City council approval of the proposal for the assignment of low income family units or lots is a necessary requirement for the project to accrue additional density. Subject to the criteria listed in this section, each one percent of low income housing dwelling units or lots provided in the PUD area shall result in a two percent density bonus, not to exceed an additional 20 percent density bonus.
D. Preservation of Historic Buildings, Landmarks and Archaeological Sites – Up to 10 Percent Density Bonus. The preservation of historic buildings, landmarks and archaeological sites that are eligible for historic register status are an expected site design feature of approved PUD projects. Project site designs for PUD projects are expected to accommodate such historic buildings, landmarks and archaeological sites that are eligible for historic register status into the developed features of the project so that the historic function is preserved through measures of protection and maintenance. The landmarks and design commission shall review all requests for density bonuses based on the preservation of historic buildings, landmarks and archaeological sites and shall make a recommendation to the city council as to the extent of bonus available.
City council approval of the site plan and the provision for maintenance of the historic building, landmark or archaeological site within the PUD are necessary requirements in order for the project to accrue up to an additional 10 percent density bonus. [Ord. 4328, 2002; Ord. 4307, 2001.]
13.38.160 Off-street parking requirements.
Every residential building within the PUD that contains more than one dwelling unit shall provide a total of two and one-half parking spaces for each residential dwelling unit, plus an additional one-half parking space for each additional bedroom over one bedroom within any dwelling unit(s), with the exception for PUDs with underlying residential suburban (R-S), central commercial (C-C) or central commercial II (C-C II) zoning designations which shall be governed by the parking requirements of those underlying zoning districts. When calculating the off-street parking requirement for a residential development, the number of required spaces shall be rounded up to the nearest whole number. For all other permitted and conditional uses, off-street parking facilities shall be provided as described in Chapter 13.42 ECC. [Ord. 4307, 2001.]
13.38.180 Permitted uses.
See Appendix “A” following this chapter for a listing of permitted uses within the PUD. [Ord. 4307, 2001.]
13.38.200 Conditional uses.
See Appendix “A” following this chapter for a listing of conditional uses allowed within the PUD through the granting of a conditional use permit as described in Chapter 13.50 ECC. [Ord. 4307, 2001.]
13.38.220 General review and decision process.
The review and decision of the city on an application for a PUD has two stages:
A. Preliminary Development Plan Review and Decision. Review and decision upon the preliminary development plan shall consist of State Environmental Policy Act (SEPA) threshold determination including opportunity for agency review and comment, landmarks and design commission review and recommendations, planning commission review including public meeting comments and findings and recommendations, and city council review including public hearing comments and a decision to approve, modify or disapprove the preliminary development plan.
B. Final Development Plan Review and Decision. Review and decision upon the final development plan shall consist of city council review and decision upon the final development plan. [Ord. 4307, 2001.]
13.38.240 Optional preapplication review.
Prior to submittal of the preliminary development plan, the applicant may request a preapplication review of the proposal. This is an opportunity for the applicant to discuss general requirements, standards, and policies that apply to planned unit development proposals. Major problems can be identified and solved before a formal preliminary development plan application is made. To utilize the preapplication review option, the applicant shall pay the appropriate fee and submit a general outline of the proposal, evidenced schematically by sketch plans, to the administrator. The administrator shall then route the proposal for comments to staff within the community development department, public works department, energy services department, fire department, and other relevant service providers and agencies and, if requested in writing by the applicant, the administrator shall also schedule a meeting with the applicant and the various staff, service providers and agencies to review the proposal. Within 30 days of acceptance of the preapplication review material, or completion of the preapplication meeting if one is requested, the administrator shall furnish the applicant with written comments regarding any comments received or problems identified through that preapplication review process, including any recommendations to better inform and assist the applicant prior to preparing the components of the preliminary development plan. Such written comments are for informational purposes only and shall in no way be considered as a decision on the proposal or any portion of the proposal; shall in no way be binding on the city or other service providers or agencies; and shall not vest the proposal with any rights. Within one year following distribution of the written comments by the administrator, the applicant may submit a completed application for preliminary development plan review as outlined in ECC 13.38.260 and receive a credit equal to the fee previously paid for that preapplication review. [Ord. 4307, 2001.]
13.38.260 Preliminary development plan – General process.
A. Application. A completed application for a preliminary development plan review shall be filed with the department of community development along with the appropriate processing fee. The application may be filed only by persons having legal interest in the property and all legal owners must sign and consent to the application. In addition to the application and fee, the applicant shall also complete an environmental checklist and pay the appropriate fee for SEPA review. Accuracy for all data and information submitted on or with a preliminary development plan shall be the responsibility of the applicant.
B. Subdivision Requirements. A planned unit development shall be exempt from the platting and procedural requirements of the city's subdivision ordinance (ECC Title 12), except that when the planned unit development is a part of a larger ownership and is intended for individual ownership, sale or public dedication, or if any parcel of land within a planned unit development is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the subdivision ordinance (ECC Title 12) and all applicable state laws pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed.
C. Project Phasing. A PUD may be developed in phases, subject to a phasing schedule that must have been approved as part of the preliminary development plan approval. If a proposed PUD is to be developed in phases, the entire PUD shall be portrayed in the preliminary development plan application with specificity as to exactly which public improvements are proposed in each phase and the timing of the phases, and if a phasing schedule is approved in the preliminary development plan, each phase shall individually undergo final development plan review.
In all phased PUDs, the first phase must contain a minimum of 40 percent of the full PUD public improvements as determined by the city in the preliminary development plan approval. The applicant shall have three years from the date of preliminary development plan approval, during which time the final development plan for that first phase shall be submitted and all first phase public improvements shall be either installed or bonded for. Failure to submit the first phase final development plan within that three-year time frame will render the preliminary development plan approval void for the entire PUD.
After the first phase has received final development plan approval, all of the subsequent phases shall have five years from the date of preliminary development plan approval, during which time the final development plan for all subsequent phases shall be submitted and all public improvements shall be either installed or bonded for. Failure to submit the final development plan for any subsequent phases within that five-year time frame will render the preliminary development plan approval for that phase and for all subsequent phases void. The city shall have sole authority to determine the timing for the installation of all remaining public improvements that have been bonded for but not yet completed after the expiration of that five-year period.
In addition to the requirement that the first phase must contain at least 40 percent of all of the PUD public improvements as determined by the city in the preliminary development plan approval, all phases shall include an appropriate share of the proposed recreational, open space, and other site and building amenities of the entire development. The appropriate share of the amenities for each phase shall be determined and approved by the city at the time of preliminary development plan approval, shall be based on the portrayal of the full build-out of the entire PUD, and shall not be based solely upon a proportional or equal share for the entire site.
D. Combined Review. The planned unit development application review and decision may be combined with other development permitting review and decision in accordance with the procedures set forth in Chapter 1.68 ECC, except that the public hearing and timing requirements set forth in ECC 1.68.200 and 1.68.240 are waived for planned unit development application review and decision processes due to the higher levels of detail, review and public scrutiny involved in the planned unit development application review process. If the proposal includes a subdivision, the preliminary and final plats shall be reviewed simultaneously with the preliminary and final development plans.
E. Reviewing Bodies. The preliminary development plan will be distributed by the director of the department of community development to staff within the community development department, public works department, energy services department, fire department, and other relevant service providers or agencies, to the landmarks and design commission, to the SEPA responsible official for SEPA review including opportunity for agency review and comment, and to the planning commission for review and action. Staff, service provider and agency comments, and landmarks and design commission findings and recommendations will be developed and forwarded along with the SEPA determination to the planning commission. The planning commission shall then hold a public meeting to take comment, after which recommendations will be developed and forwarded to the city council. [Ord. 4307, 2001.]
13.38.280 Preliminary development plan – Complete application requirements.
The preliminary development plan is a major document by which the proposed PUD will be measured and evaluated by the city. In order to properly evaluate the proposal and determine the applicability of any requested density bonus, this document must be as detailed and complete as possible. An application for a preliminary development plan shall not be determined to be complete until all of the following has been submitted for the entire development and, where applicable, for each phase of the development:
A. Written documents.
1. Application form and preliminary review fee of $50.00, along with any other applicable fees such as subdivision or conditional use.
2. Legal description of the site.
3. A list of the names and addresses of all owners of record of real property within 500 feet of the property boundary lines of the proposed PUD.
4. A statement of planning objectives to be met by the proposed PUD, including:
a. Statement of appropriate city land use policies that will be achieved by the proposed development.
b. Statement of proposed ownership of public and private open space areas and statement of intentions with regard to future ownership of all or portions of the PUD.
c. Identification of code provisions proposed for modification, including density bonuses applied for and necessary documentation in support of the requested modification or density bonus applied for.
5. A development schedule indicating the approximate date when construction of the PUD, or phases of the same, can be expected to begin and to be completed, including any phasing of construction of public improvements, private improvements such as parking areas, and PUD amenities such as recreational or open space areas. This schedule shall clearly identify exactly which public and private improvements and other amenities are proposed to be developed during each phase.
B. SEPA checklist and appropriate SEPA review fee in accordance with the city's SEPA ordinance, Chapter 1.42 ECC.
C. Landmarks and design review application and appropriate fee as set forth in Chapter 1.45 ECC.
D. Architectural elevations, proposed colors and building details of all buildings.
E. A preliminary development plan drawing of the development, including all phases, at a scale of either one inch equals 50 feet, or one inch equals 100 feet, composed of one or more appropriately numbered and labeled sheets 18 inches by 24 inches in size, and 10 copies of same along with one reduced (maximum of 11-inch-by-17-inch) copy of the preliminary development plan, all as prepared by a professional land surveyor licensed in the state of Washington and which shall include the following information:
1. Title by which the proposed development is to be referred.
2. Scale, north point and date of preparation, as well as identification (name, address and phone number) of the party responsible for responding to questions regarding the materials contained within the preliminary development plan.
3. Location of any municipal boundaries at or near the development.
4. Parcel size in gross and net acres and square feet for the entire development and for each phase, if applicable.
5. Total number, type and density per type of dwelling unit with a floor plan of typical dwelling units indicating the unit size in square feet and the amount of private noncommon open space in square feet for each such unit.
6. Residential density (gross) for the entire development, and for each phase, if applicable, including a separate calculation for any requested density bonuses.
7. Approximate location of any known existing historical, geological or archaeological sites on the property.
8. Proposed coverage of buildings and structures for the entire development and for each phase, if applicable, including the percentage and square footage of the following:
a. Building coverage.
b. Driveway and parking.
c. Public street right-of-way.
d. Open space and/or landscaped area.
e. Impervious surfaces.
9. Number and approximate location of public and private off-street parking, including guest, handicapped, bicycle and motorcycle parking, and typical dimensions for each, site lighting and provisions for refuse storage and pickup.
10. Existing topographic contours at two-foot intervals and identification of planned final topographic contours at two-foot intervals for the development.
11. Approximate location of all existing improvements (roads, structures, facilities, etc.) on the land and their precise location with identification as to the final disposition of such improvements within the completed PUD.
12. All proposed improvements that are to be constructed on the land and their approximate locations, including, but not limited to, all residential and nonresidential structures, and recreational facilities. Site plans and information showing walls, fences, refuse areas, streets, walks, and public transit facilities, if applicable, as well as the proposed building height for all proposed structures should be identified as well.
13. Approximate location of all existing natural features on the property including, but not limited to, streams, watercourses, irrigation ditches, lakes, significant wildlife areas and vegetative cover, including by species all trees and shrubs having a diameter greater than two and one-half inches at base, any known critical areas or wetlands, with identification as to whether and how such natural features will be retained in the PUD.
14. Approximate boundary and square footage of each area designated as active recreational use.
15. Approximate location and acreage of common open space areas and all public and semi-public land uses, including public parks, recreation areas, school sites, and similar uses.
16. Approximate location of existing and proposed pedestrian circulation system including its interrelationships with the vehicular circulation system, indicating the proposed treatment of points of conflict.
17. Approximate location of the existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones, emergency vehicle zones, and major points of access to public rights-of-way, including ingress and egress to the development. Notations of proposed ownership, public or private, should be included.
18. Existing underlying zoning for the development or the requested underlying zoning if the property is to be annexed in conjunction with the proposed PUD.
19. The proposed treatment of the perimeter of the PUD and the perimeter of each phase, if applicable, including materials and techniques to be used for fences, walls, vegetative screening, etc.
20. Any proposed signage, including approximate location, orientation, size and materials.
21. Approximate locations of existing and proposed land uses.
22. The area shown on the site plan shall extend beyond the property lines of the proposal and shall include a survey of the area and uses within 300 feet of the proposal, exclusive of public rights-of-way, at the same scale as the proposal and shall include the following:
a. Ownership of parcels.
b. Land uses and approximate location of principal structures.
c. Approximate location of existing natural features as set forth in subsection (E)(13) of this section with identification as to plans to maintain, enhance or create connectivity between on-site and off-site natural features.
d. Topographic contours at two-foot intervals.
e. Pedestrian and traffic circulation as set forth in subsections (E)(16) and (17) of this section, with identification as to plans to maintain, enhance or create connectivity between such on-site and off-site circulation systems.
23. Vicinity map of the area surrounding the site within a distance of one mile showing:
a. Zoning.
b. Approximate location of existing municipal boundary lines.
c. Traffic circulation systems including arterials, collectors and local streets, and pedestrian and other nonmotorized circulation systems.
d. Major public facilities (schools, parks, etc.).
24. Owner(s') certification of acceptance of conditions and restrictions as set forth on the site plan.
25. Owner(s') certification of ownership.
F. A general landscaping plan indicating the treatment of materials used for private and common open spaces, including all existing vegetation with identification of trees by sizes and species, and specific proposals to protect and preserve existing trees and significant wildlife cover and vegetative areas during and after construction. The scale shown on plant materials shall reflect the size, upon 10 years' maturity, of such materials. The details of size and species for intended vegetative plantings will be required at the time of final plan phase.
G. The existing and proposed utility systems, including sanitary sewers, storm sewers, water, electric, gas and telephone lines, irrigation facilities, fire hydrants and trash collection areas.
H. Physiographic data, including the following:
1. A description of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping.
2. A map showing all permanent and temporary streams and a sketch showing the 100-year floodplain for each period as designated in the design criteria established by the city.
3. A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for the intended construction and proposed landscaping.
I. A preliminary drainage report and calculations and/or plan including:
1. All watercourses on the property, or which are located within 150 feet of the property, must be shown. In addition, the floodway and/or flood fringe areas of these watercourses must be delineated.
2. All drainage ways, streets, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated.
3. All irrigation ditches, laterals and structures shall be shown.
4. All required on-site detention areas, including notes indicating the approximate area and volume of the facility.
5. All plans shall indicate the proposed outlet for the storm drainage from the property, including the name of the drainage way, if applicable, the downstream conditions and any downstream restrictions.
J. Location of temporary model homes, sales offices, and/or construction facilities, including temporary signs and parking facilities.
K. Preliminary subdivision plat, if the planned unit development is a part of a larger ownership and is intended for individual ownership, sale or public dedication, or if any parcel of land within a planned unit development is intended for individual ownership, sale or public dedication.
L. One rendered set each of all architectural, site plan and landscape drawings at 18-inch-by-24-inch size, 10 copies of same, and one reduced (maximum of 11-inch-by-17-inch) copy of same.
M. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the PUD.
N. Name, address and telephone number of the agent responsible for the processing of the application. [Ord. 4307, 2001.]
13.38.300 Preliminary development plan – Board and commission review.
Upon completion of staff review, the preliminary development plan shall be referred to the landmarks and design commission for review and recommendation, including recommendation on any density bonus requested under ECC 13.38.140(A) and (D). Landmarks and design commission review shall be accomplished in accordance with the procedural requirements set forth in the landmarks and design ordinance, Chapter 1.45 ECC.
Upon completion of landmarks and design review commission review, all staff and agency comments, landmarks and design commission recommendations, and SEPA determinations, shall be forwarded to the planning commission, which shall schedule a public meeting to review and take comment on the preliminary development plan. Public meeting notice shall be accomplished by the following:
A. Publish notice in a newspaper of local general circulation at least 10 days prior to the meeting date. Such notice shall include a legal description of the proposed planned unit development and/or a vicinity location sketch and a locational description, a textual description of the proposed planned unit development along with a listing of any permits being combined in the review and decision process, identification of the existing zoning of the site, and the time and place of the meeting.
B. At least 10 days prior to the meeting date, written notice by U.S. mail to every property owner whose name appears on the records of the county assessor situated 300 feet from the exterior boundaries of the proposed PUD and to the county planning office if the proposed PUD abuts the corporate limits of the city and to all other agencies with jurisdiction. [Ord. 4307, 2001.]
13.38.320 Preliminary development plan – City council review and public hearing.
Upon receipt of staff, landmarks and design commission, SEPA responsible official, planning commission, and any other applicable review or recommendation on a preliminary development plan, the city council shall set a date to conduct a public hearing. Public hearing notice shall be accomplished by the following:
A. Publish notice in a newspaper of local general circulation at least 10 days prior to the hearing date. Such notice shall include a legal description of the proposed planned unit development and/or a vicinity location sketch and a locational description, a textual description of the proposed planned unit development along with a listing of any permits being combined in the review and decision process, identification of the existing zoning of the site, and the time and place of the hearing.
B. At least 10 days prior to the hearing date, written notice by U.S. mail to every property owner whose name appears on the records of the county assessor situated 300 feet from the exterior boundaries of the proposed PUD and to the county planning office if the proposed PUD abuts the corporate limits of the city.
Upon completion of its review, the city council may reject, adopt, or adopt with modifications and conditions the preliminary development plan. [Ord. 4307, 2001.]
13.38.340 Preliminary development plan – Decision criteria.
In its review of the preliminary development plan, the city council shall make an inquiry into the public use and interest proposed to be served by the establishment of the planned unit development. Approval may be given if the PUD accomplishes, by the use of permitted flexibility and variation in design, a development that will result in a net benefit to the city that exceeds the benefit resulting from traditional development under the existing non-PUD development regulations.
Net benefit to the city shall be demonstrated by meeting all of the following criteria:
A. The proposed PUD meets the requirements of this chapter and is in accord with the city's comprehensive plan;
B. Appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;
C. The perimeter of the PUD is compatible with the city and Kittitas County comprehensive plans land use designations. Compatibility includes, but is not limited to, use, size, scale, mass and architectural design;
D. At least one major circulation point is functionally connected to a public right-of-way and the project provides appropriate internal circulation patterns and location or screening of parking facilities;
E. Open space within the PUD is an integrated part of the project rather than an isolated element of the project;
F. The PUD is harmonious and appropriate in design, character and appearance with the existing or intended character of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property;
G. Roads and streets, whether public or private, within and contiguous to the site comply with department of public works guidelines for construction of streets;
H. 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;
I. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open space, recreation space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment; and
J. The public use and interest will be served by the approval or approval with conditions of such preliminary development plan. [Ord. 4307, 2001.]
13.38.360 Preliminary development plan – Findings and conclusions.
The city council shall not approve a preliminary development plan unless written findings are made that:
A. The preliminary development plan conforms to ECC 13.38.020 through 13.38.340;
B. Appropriate provisions have been made for the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
C. The public use and interest will be served by the approval of such preliminary development plan. [Ord. 4307, 2001.]
13.38.380 Preliminary development plan – Notice of decision.
The administrator shall notify the applicant within 10 days after final city council action on the preliminary development plan. The city council action shall be noted on two copies of the preliminary development plan application, including reference to any attached documents describing conditions imposed by the city council. One copy shall be returned to the applicant and one copy shall be retained for the permanent file. [Ord. 4307, 2001.]
13.38.400 Preliminary development plan – Effect of denial.
If the preliminary development plan is not approved by the city council, the decision, along with the reasons for denial, shall be communicated in writing by the administrator to the applicant within 10 days of the city council action. In denying a preliminary development plan, the city council is authorized to set forth conditions for re-submittal of the preliminary development plan, including but not limited to a waiver of new application fees if the preliminary development plan is resubmitted within 90 days of the denial and is in conformance with any conditions imposed by the city council. If the city council rejects the preliminary development plan and does not set forth conditions for resubmittal, a new preliminary development plan application must be submitted along with the appropriate fees if the applicant wishes to resubmit the proposal. [Ord. 4307, 2001.]
13.38.420 Preliminary development plan – Duration of approval.
Approval of the preliminary development plan shall be effective for three years from the date of approval by the city council, during which time the final development plan shall be submitted and all public improvements shall be either installed or bonded for. If the preliminary development plan included an approved phasing plan, then the first phase shall be effective for a period of three years from the date of preliminary development plan approval by the city council, during which time the final development plan shall be submitted and all of the first phase public improvements shall be either installed or bonded for, and the remaining phases shall be effective for a period of five years from the date of preliminary development plan approval by the city council, during which time the final development plan for each phase shall be submitted and all public improvements for all phases shall be either installed or bonded for. Knowledge of the expiration date of the preliminary development plan approval is the sole responsibility of the applicant. The city of Ellensburg shall bear no responsibility to provide notification of expiration periods. [Ord. 4307, 2001.]
13.38.440 Final development plan – Submittal deadline.
Within three years following preliminary development plan approval, the applicant shall submit to the administrator the final development plan application for the proposal, or for the first phase of the proposal if phasing was approved in the preliminary development plan. Failure to submit the final development plan application for the full PUD or for the first phase of the PUD within that time period will result in a lapse of the preliminary development plan approval, the preliminary development plan shall be considered abandoned, and development of the property shall be subject to the normal requirements and limitations of the underlying zoning. Within five years following preliminary development plan approval and only after there has been a timely submittal and approval of the final development plan for the first phase, the applicant shall submit to the administrator the final development plan application for all subsequent phases. Failure to submit the final development plan for any subsequent phases within that five- year time frame will result in a lapse of the preliminary development plan approval for that phase and for all subsequent phases, the preliminary development plan for that phase and all subsequent phases shall be considered abandoned, and development of the property shall be subject to the normal requirements and limitations of the underlying zoning. Knowledge of the expiration date of the preliminary development plan approval is the sole responsibility of the applicant. The city of Ellensburg shall bear no responsibility to provide notification of expiration periods. [Ord. 4307, 2001.]
13.38.460 Final development plan – Substantial compliance with preliminary development plan required.
As a requirement of approval, the final development plan shall be in substantial compliance with the approved preliminary development plan. “Substantial compliance” shall mean that all conditions imposed by the city council upon its approval of the preliminary development plan have been met and the final development plan does not:
A. Change the general use or character of the development.
B. Increase the number of residential dwelling units by more than one percent.
C. Contain changes that would normally cause the development to not qualify for a PUD under this chapter. [Ord. 4307, 2001.]
13.38.480 Final development plan – Complete application requirements.
An application for a final development plan shall not be determined to be complete until all of the following has been submitted for each phase for which final development plan approval is being sought:
A. Application form and fee of $25.00.
B. A final development plan drawing on an 18-inch-by-24-inch mylar or similar reproducible material plus one reduced (maximum of 11-inch-by-17-inch) copy of the final development plan containing:
1. Name of the owner(s) of the property and mortgagee(s) of said property, if any;
2. Legal description of the property;
3. Boundary and lot lines, lot dimensions, lot area in square feet and lot and block numbers;
4. Exact location of all buildings and structures and three-dimensional building envelopes dimensioned on at least two sides to the nearest platted property line;
5. Name and official seal of the licensed professional surveyor preparing the final development plan certifying that it is a true and accurate survey;
6. All existing monuments and markers found;
7. Date, scale and north arrow. The scale shall be 100 feet to the inch, unless otherwise approved by the city engineer;
8. Location of existing and proposed streets with names. The limits of any private accessways to be dedicated as public utility easements and/or other types of easements. Location of all rights-of-way and easements;
9. Location of temporary model homes, sales offices, and/or construction facilities, including temporary signs and parking facilities;
10. Statements of approval and places for signatures for the administrator, city engineer, surveyor preparing the final development plan, the mayor of the city of Ellensburg, irrigation water district representative if applicable, and the county auditor;
11. A certification signed by the county treasurer's office that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid; and
12. A notarized acknowledgment by the owner(s) of the adoption of the final development plan and the dedication of streets and other public areas and acceptance of the conditions and restrictions as set forth on the final development plan.
C. Final signed reproducible architectural elevations, site plan, and landscape plan as approved, including any conditions required at the preliminary development plan approval stage.
D. Engineering design drawings for all required minimum improvements as shown on the preliminary development plan approved by the city engineer prior to filing of the final development plan.
E. Final Public Improvement Plans. Final detailed engineering for sewer, water, electrical, gas, street improvements and other public improvements must be submitted to and approved by the city, and the developer shall execute an agreement in proper form providing for the installation of such improvements prior to submission of the final development plan to the department of community development. Said agreement shall include the following:
1. Public improvements to be provided in the planned unit development, or the particular phase of the planned unit development that is the subject of the final development plan application, as shown on the approved engineering design drawings;
2. Estimated cost of constructing said public improvements;
3. Provisions for the dedication of park land or payment of fees in lieu of land;
4. A surety guaranteeing the installation of the public improvements by one of the following methods:
a. By furnishing the city with a bond in its favor in the amount of the city engineer's estimate of improvement and related engineering inspection costs, by which security is given the city that the minimum improvements as hereinafter stated will be made and operated under the direction of the city engineer within and for the period specified;
b. By furnishing the city with a copy of a signed contract between the contractor and applicant in which the contractor has agreed to install the minimum improvements, under the direction of the city engineer, with an appropriate time limit satisfactory to the city; provided, in addition, the applicant shall furnish the city with a copy of a performance bond in favor of the city for 100 percent of the work agreed to in the contract;
c. By actually installing the minimum improvements under the direction of the city engineer;
d. By any combination of the above methods or by any other secure method; provided, the proposed method accomplishes the intent of this section and is approved by the administrator.
F. Subdivision Plat. If the planned unit development is a part of a larger ownership and is intended for individual ownership, sale or public dedication, or if any parcel of land within a planned unit development is intended for individual ownership, sale or public dedication, an official subdivision plat of the site must accompany the final development plan. This plat must conform to the subdivision requirements of the city, except as waived by the approved preliminary development plan for the PUD. The subdivision shall contain proper dedications for public streets, utility easements, and all other public rights required by the preliminary development plan. Approval by the administrator shall be required before filing of the subdivision plat or issuance of building permits.
G. A current (within 30 days) title company certification of:
1. The legal description of the total parcel subject to the application.
2. Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel(s). Such individuals or corporations shall sign and approve the final development plan prior to final approval.
3. Any lands to be dedicated to the city shall be confirmed as being owned in fee title by the owner(s) signing the dedication certification.
4. Any easements or restrictions affecting the property with a description of purpose and referenced by the auditor's file number and/or recording number.
5. If lands are to be dedicated or conveyed to the city as part of the proposal, an ALTA title policy may also be required by the administrator.
H. Other information and data as the administrator or city council may require for full and complete consideration of the development. [Ord. 4307, 2001.]
13.38.500 Final development plan – City council action.
Upon receipt of the complete final development plan application as set forth in ECC 13.38.480, the administrator shall forward the final development plan to the city council which shall then have 30 working days for review to determine conformance with the approved preliminary development plan and all applicable regulations and standards. The city council shall make written findings of fact relating to its decision on the final development plan and, if approved, shall direct the mayor to sign the final development plan document. Upon approval by the city council and signature of the mayor, the administrator and the city engineer shall sign the final development plan document. If a subdivision is involved, it shall be processed in accordance with the provisions of ECC 12.08.540. Such signatures and approval of the final development plan shall be subject to the following determinations:
A. The requirements of all applicable state law, the city's comprehensive plan, this title, and any other applicable city ordinances that were in effect at the time of preliminary development plan approval have been met.
B. Conditions imposed on the preliminary development plan approval, if any, have been met.
C. The surety bond or other proposed security assures completion of the public improvements within the stipulated time.
Approval of a final development plan by the city council shall be binding on the applicant, his heirs, successors, and assigns, and any changes in the approved final development plan are subject to the provisions of ECC 13.38.560 relating to amendment of the final development plan.
Approval of the final development plan by the city council shall further constitute approval of the rezone application needed to facilitate the siting of the PUD, or that particular phase of a PUD if the preliminary development plan approval included phases. Approval authorizes the applicant to complete all criteria necessary to put said final development plan into effect, including dedication of public streets, recording of a final development plan and application for building permits.
If the final development plan is not approved by the city council, the decision along with reasons for denial shall be communicated in writing to the applicant. [Ord. 4307, 2001.]
13.38.520 Final development plan – Filing.
The final development plan shall not be officially complete until the signed original final development plan and public improvements agreement have been recorded with the county auditor. Said documents shall be recorded by the administrator within 10 working days after city council approval in the presence of the applicant and with the cost of recording paid by the applicant. Filing of the final development plan shall not relieve the property owner of the obligation to complete the minimum public improvements required. The required public improvements shall be completed prior to issuance of building permits. [Ord. 4307, 2001.]
13.38.540 Final development plan – Inspection fee.
The applicant shall reimburse the city engineering department for costs of inspecting public improvements required by the city of Ellensburg. This fee shall be determined by the engineering department on time expense basis at the time of final development plan review, and the fee shall be deposited in the current expense fund. [Ord. 4307, 2001.]
13.38.560 Administration and enforcement.
In furtherance of the administration and enforcement of this chapter:
A. Building permits and other permits required for the construction or development of property within an approved final development plan shall be issued only when the administrator makes the determination that the work to be performed meets the requirements of said final development plan.
B. Minor and Major Adjustments.
1. Minor adjustments from the final development plan may be made and approved by the administrator in the course of issuing any building permit or other required permit. Minor adjustments are those that may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final development plan, nor the density of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original requirements.
2. Major adjustments are those that the administrator determines will substantially change the basic design, density, open space or other requirements of the planned unit development as set forth in the approved final development plan. When the administrator determines that a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the city council of the requested adjustment. [Ord. 4307, 2001.]
13.38.580 Appeals.
Appeals of administrative decisions made by the administrator under this chapter shall be made in accordance with the provisions of Chapter 13.63 ECC.
All other appeals arising under this chapter shall be handled in accordance with the provisions set forth in ECC 1.68.400. [Ord. 4307, 2001.]
Appendix “A”
Planned Unit Development (PUD) Land Uses
PERMITTED USES
The following uses shall be permitted within a PUD:
Single-family dwellings;
Multifamily structures;
Accessory buildings;
Accessory uses;
Family day care homes;
Retirement homes;
Parks, playgrounds, golf courses and similar public or private uses;
Public utilities.
CONDITIONAL USES
The following conditional uses may be permitted within the PUD zone through the granting of a conditional use permit as set forth in Chapter 13.50 ECC:
All permitted and conditional commercial uses allowed in the commercial neighborhood (C-N) zoning district as set forth in Chapter 13.20 ECC;
Any use otherwise permitted above, but which provides off-street parking on a lot or parcel which is not contiguous with the lot on which the primary use is located;
Boarding houses, lodging houses, sororities, fraternities;
Child day care centers;
Churches;
Commercial recreation;
Home occupations;
Hospitals and nursing homes;
Manufactured homes;
Parking facilities;
Personal services;
Preexisting light industrial uses if located in or adjacent to an I-L zoned area or an industrial designated area;
Private lodges and clubs;
Public uses;
Schools.