Chapter 30.42B
PLANNED RESIDENTIAL DEVELOPMENT

Sections:

30.42B.010    Purpose.

30.42B.020    Applicability.

30.42B.025    PRD not a rezone action.

30.42B.030    Procedure.

30.42B.035    Time limitation of application.

30.42B.037    Approval expiration.

30.42B.040    Unit yield and bonus.

30.42B.100    Design criteria - general.

30.42B.115    Design criteria - open space.

30.42B.125    Design criteria - tree retention and landscaping.

30.42B.140    Design criteria - roads, access, circulation, pedestrian facilities, and parking.

30.42B.145    Design criteria - bulk requirements.

30.42B.200    Approval of PRD official site plan - decision criteria.

30.42B.210    Official site plan - effect and recording procedure.

30.42B.220    Revision of the official site plan.

30.42B.230    Binding site plan.

30.42B.240    Other uses permitted.

30.42B.250    Maintenance of site improvements.

30.42B.010 Purpose.

The purposes of this chapter are to:

(1) Provide an alternative form of development within urban growth areas (UGAs) to traditional subdivision which allows flexibility and creativity in site layout and design and protects critical areas through the use of open space;

(2) Provide for small and large scale developments incorporating a variety of housing types and related uses, that are planned and developed as an integral unit;

(3) Promote the efficient use of land by allowing a flexible arrangement of buildings and lots, circulation systems, land uses, and utilities;

(4) Promote the combination and coordination of architectural styles, building forms, and building relationships within a development;

(5) Preserve the value, character, and integrity of surrounding areas which have been, or, are being developed under traditional zoning regulations;

(6) Provide for the integration of new development into the existing community while protecting and preserving the value of the surrounding neighborhood;

(7) Provide the opportunity for affordable housing to meet the needs of a wide range of income and age groups;

(8) Encourage the preservation of existing natural site features such as trees, topography, and geologic features;

(9) Create permanent, useable and commonly owned open space for both active and passive recreation to serve the development; and

(10) Implement the policies of the comprehensive plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42B.020 Applicability.

(1) A PRD is permitted only within UGAs in the R-9,600, R-8,400, R-7,200, LDMR, and MR zones.

(2) A retirement apartment or retirement housing PRD is permitted only within the LDMR, MR, NB, PCB, CB, and GC zones.

(3) A PRD is not permitted in the rural area, except in the R-5 zone when consistent with Policy LU 6.A.3 of the comprehensive plan.

(4) Except for the retirement apartment and retirement housing PRDs, the density of a PRD shall be consistent with the land use designation identified in the comprehensive plan.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-084, December 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Amended Ord. 14-073, Oct. 8, 2014, Eff date Oct. 27, 2014)

30.42B.025 PRD not a rezone action.

A PRD is not a rezone action, and shall be processed as an official site plan approval pursuant to SCC 30.42B.030.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42B.030 Procedure.

(1) Applications for a PRD shall be processed as a Type 2 decision pursuant to chapter 30.72 SCC.

(2) The hearing examiner may approve, approve with conditions, or deny a PRD official site plan. A PRD official site plan may only be approved when it is found to meet applicable minimum standards of this chapter, and the decision criteria of SCC 30.42B.200. Applications shall be made according to the submittal requirements checklist provided by the department pursuant to SCC 30.70.030.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42B.035 Time limitation of application.

An application for a planned residential development shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.42B.037 Approval expiration.

Approval of a planned residential development shall expire pursuant to SCC 30.70.140.

(Added by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.42B.040 Unit yield and bonus.

(1) For all PRDs, except retirement apartment and retirement housing PRDs, the maximum number of dwelling units permissible shall be 120 percent of the maximum number of units permitted by the underlying zone as determined in subsection (2) of this section, unless adjusted per the provisions of subsection (3) of this section.

(2) The maximum number of dwelling units permitted in a PRD shall be computed as follows:

(a) Determine the net development area on the project site. Net development area is the gross site area (in square feet) less critical areas and their buffers subject to chapters 30.62A and 30.62B SCC.

(b) Divide the net development area by the minimum lot area permitted by the underlying zone, or where LDMR and MR standards apply, by 4,000 square feet and 2,000 square feet respectively. For retirement apartment PRDs and retirement housing PRDs in the LDMR zone divide by 4,000 square feet and in the MR zone and commercial zones divide by 2,000 square feet.

(c) Divide the area comprised of critical areas and their buffers subject to chapters 30.62A and 30.62B SCC by the minimum lot area of the underlying zone used for the calculation in subsection (2)(b) of this section.

(d) Add the numerical unit yield results of subsections (2)(b) and (2)(c) of this section and multiply the resulting number of units by 2.2 for retirement housing PRDs, 1.54 for retirement apartment PRDs, and 1.2 for all other PRDs.

(3) In the R-7,200, R-8,400, and R-9,600 zones, the maximum number of dwelling units allowed pursuant to subsection (2) of this section shall be reduced so that the maximum net density (number of dwelling units per acre in the net development area) does not exceed nine dwelling units per net acre.

Whenever the calculated number of dwelling units results in a fractional equivalent of 0.5 or more, the fraction shall be rounded up to the next whole number, fractions of less than 0.5 shall be rounded down.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017)

30.42B.100 Design criteria - general.

(1) The design criteria contained in SCC 30.42B.100 through 30.42B.140 are applicable to all PRDs.

(2) Unless specifically modified by this chapter, all requirements of the underlying zone shall apply within the PRD.

(3) PRDs located in the R-7,200, R-8,400, and R-9,600 zones and that are not accompanied by a concurrent subdivision or short subdivision approval, wherein each dwelling unit is to be placed on a single lot, shall be subject to a declaration of condominium pursuant to chapters 64.32 and/or 64.34 RCW. The applicant shall commit to use of the condominium provisions at the time of PRD application.

(4) All housing types listed in the bulk requirements in SCC 30.42B.145 shall be allowed in any PRD in the zones specified in SCC 30.42B.020, except as follows:

(a) Single family dwellings shall not be permitted in the Multiple Residential (MR) zone;

(b) Multifamily dwellings shall not be permitted in the R-7,200, R-8,400 and R-9,600 zones, except that, a multiple family structure containing three or four dwellings units shall be permitted when the PRD is designed utilizing low impact development best management practices pursuant to chapter 30.63A SCC and the Drainage Manual; and

(c) Single family dwellings, duplexes, attached single family dwellings, townhouses, and multiple family structures containing three or four dwellings units shall not be permitted in the R-7,200, R-8,400, or R‑9,600 zones without concurrent subdivision or short subdivision approval, or condominium approval for all dwelling units.

(5) Planned residential developments meeting the applicability thresholds of chapter 30.23A SCC shall be subject to the design standards of that chapter.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Ord. 10-024, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016)

30.42B.115 Design criteria - Open space.

(1) Open space shall be provided in PRD developments consistent with the following standards:

(a) Within a PRD, a minimum of 20 percent of the gross site area shall be established as open space;

(b) Open space shall be used for:

(i) On-site recreation space;

(ii) Critical areas and their required buffers subject to chapters 30.62A and 30.62B SCC;

(iii) Perimeter landscaping areas outside of rights-of-way;

(iv) All other open space areas owned in common and shared by residents and/or owners in the PRD, excluding those items listed in subsection (1)(c) of this section;

(c) Open space shall not include any of the following:

(i) Lots, dwellings, and associated private yards, outdoor storage areas, and building setback areas;

(ii) Public or private street right-of-way including sidewalks and planter strips;

(iii) Parking lots, driveways and other areas of motorized vehicle access;

(iv) Open drainage facilities such as detention and retention ponds, wetponds, and other drainage facilities that require fencing pursuant to chapter 30.63A SCC, the Drainage Manual, or the EDDS; or

(v) Submerged lands when not defined as critical areas pursuant to chapter 30.62A, 30.62B or 30.62C SCC;

(d) Open space shall be permanently established in clearly designated, separate tracts. Tracts shall be owned by:

(i) The landowner, when no individual building lots are created and the property is held under single ownership;

(ii) All lot owners and condominium owners jointly, with an equal and undivided interest; or

(iii) A homeowners association, when consistent with SCC 30.42B.210(6);

(e) Open space shall be protected in perpetuity by a recorded covenant, in a form approved by the director. The recorded covenant must restrict uses of the total open space to those specified in the approved PRD site plan and must provide for the maintenance of the total open space in a manner which assures its continuing use for the intended purpose.

(2) On-site recreation space shall be provided as a component of total open space and shall be consistent with the following standards:

(a) The on-site recreation space shall be for the uses set forth in SCC 30.23A.080(4), excluding the following:

(i) Critical areas and their buffers subject to chapters 30.62A and 30.62B SCC; and

(ii) Utility easements that exist on the project site at the time of application submittal;

(b) The requirement for on-site recreation space shall be at least 600 square feet per dwelling unit: except that retirement apartments and retirement housing shall be 200 square feet per dwelling unit;

(c) Forty percent of the required on-site recreation space shall be located in a single open space tract or permanent easement. Alternatively, the applicant shall be permitted to satisfy this requirement when no more than three open space tracts are created that provide a comparable open space use to that otherwise required. Power line, utility rights-of-way and other similar easements may be incorporated into on-site recreation space and counted towards the open space requirements of this section, provided they are developed with active recreational improvements. Remaining on-site recreation space shall be adequate in design and size for the intended passive and/or active recreation. No on-site recreation space shall have any dimension less than 20 feet (except for segments containing trails, which shall not be less than 10 feet in width), unless the applicant can demonstrate that a lesser dimension will not inhibit the use of the open space for its designated purpose;

(d) On-site recreation space designed for children shall not be located adjacent to any street designated as a collector/arterial unless properly designed with fencing, located away from street edges and other provisions to ensure adequate child safety. On-site recreation space designed for children shall be open, accessible, and visible from adjacent dwellings in order to enhance security;

(e) On-site recreation space shall have the appropriate location, slope, soils, and drainage to be considered for recreational development;

(f) On-site recreation space shall not contain above ground utility transmission lines and associated easement or right-of-way;

(g) On-site recreation space shall be landscaped pursuant to the provisions of SCC 30.42B.125, and in accordance with the required landscape plan in a manner that enhances the design of the open space while not conflicting with the function of the proposed recreation use; and

(h) Any buildings, structures, and improvements to be permitted in the on-site recreation space shall be those appropriate to the proposed uses.

(3) Active recreation uses shall be provided as follows:

(a) A minimum of 30 percent of the required on-site recreation space within PRDs with 10 or more lots or dwelling units shall be developed for active recreation uses;

(b) The active recreation requirement may be reduced by up to 30 percent for projects of 20 or fewer dwelling units, if access for pedestrians is constructed to an adjacent off-site public recreation area that contains an active recreation use that meets the needs of residents within the PRD and is approved by the off-site recreation provider;

(c) The active recreation facility shall be located on a reasonably level site with slopes no greater than six percent unless the applicant can demonstrate that the recreation facility can function adequately on greater slopes; and

(d) Playgrounds with children’s play equipment shall meet all safety recommendations and construction specifications of the manufacturer of the equipment used.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013).

30.42B.125 Design criteria - tree retention and landscaping.

All planned residential developments shall meet the applicable tree retention and landscaping requirements in chapter 30.25 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009)

30.42B.140 Design criteria - roads, access, circulation, pedestrian facilities, and parking.

(1) Roads, access, circulation, and pedestrian facilities shall be provided pursuant to chapter 30.24 SCC.

(2) The PRD shall provide for parking as required in chapter 30.26 SCC. In addition, guest parking shall be provided at the rate of one-half space per single family dwelling.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009)

30.42B.145 Design criteria - bulk requirements.

(1) Unless specifically modified by this chapter, all requirements of the underlying zone shall apply within a PRD.

(2) SCC Table 30.42B.145(1) and subsections (3) through (8) of this section establish bulk requirements for PRDs.

Table 30.42B.145(1)

PRD Bulk Requirements
 

Use

Min. Lot Area

Min. Lot Width

Minimum setbacks from

Maximum Lot Coverage

Front Lot Line

Rear Lot Line

Side Lot Line

Single-family dwellings and duplexes (detached)

None

None

10 feet

10 feet

5 feet

55%

Attached single-family dwellings and townhouses

None

None

10 feet

10 feet

5 feet

55%

Multifamily dwellings

None

60 feet

25 feet

25 feet

5 feet1

40%

1 The setback from the side lot line for multifamily dwellings shall be increased to 20 feet for those portions of a building higher than 25 feet.

(3) Setbacks from front and rear lot lines may be reduced to five feet, provided the total distance of the setbacks from the front and rear lot lines adds up to a minimum of 20 feet.

(4) If a lot has more than one front lot line, the front lot line may be reduced to five feet, provided the total distance of the setbacks from all front lot lines adds up to a minimum of 20 feet if the lot has two front lot lines, and 30 feet if the lot has three front lot lines.

(5) The minimum setback for automobile entry of garages or carports from the front lot line shall be 18 feet.

(6) Setbacks from side lot lines may be modified as follows:

(a) Attached single-family dwellings and townhouses developed as zero-lot-line development may have the setback reduced to zero, provided the setback from the outer walls of the building meets the side lot line setback requirement in SCC Table 30.42B.145(1); and

(b) Setbacks may be reduced to zero, provided the total distance of the setbacks from the side lot lines adds up to 10 feet, except for those portions of multifamily dwellings above 25 feet in which case the total distance shall add up to 40 feet.

(7) When residential dwellings are developed as a condominium or single ownership, the maximum lot coverage shall be calculated based on the cumulative building footprint for all structures in the buildable area of the PRD site. The buildable area of the site shall not include tracts or public and private roadways.

(8) Buildings shall not be required to be set back from alleys that provide vehicle access to the rear of the property. When this provision is used, subsections (3) and (4) of this section shall not apply.

(9) When a condominium of single ownership is utilized, buildings shall maintain a minimum separation of at least 10 feet between the outer walls of the buildings.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 04-003, March 31, 2004, Eff date May 17, 2004; Repealed by and new section Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

30.42B.200 Approval of PRD official site plan - decision criteria.

(1) The hearing examiner may approve the PRD official site plan based on findings and conclusions demonstrating that all applicable standards and requirements of this chapter have been met.

(2) If the project is phased, each phase of the proposed development shall independently meet the requirements of this chapter.

(3) Any dedication of property pursuant to this chapter must be based on an individualized determination that the required dedication is reasonably related in nature and extent to the impact of the proposed development.

(4) Proposed planned residential development within an airport compatibility area shall comply with all applicable requirements in chapter 30.32E SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.42B.210 Official site plan - effect and recording procedure.

(1) The site plan as approved by the hearing examiner shall become the official site plan of the PRD and any changes thereto shall require review under the provisions of SCC 30.42B.220.

(2) The official site plan noted on the official zoning maps.

(3) All development within an approved PRD shall conform to the official site plan and associated conditions. In order to assure compliance, a performance security may be required by the hearing examiner. Satisfactory performance of all conditions and required improvements must occur prior to recording required by SCC 30.42B.210(5), and occupancy of units in the PRD project.

(4) A final plat, final short plat, or binding site plan/record of survey application filed concurrently with a PRD application shall be approved by the county decision making body and filed for recording with the county auditor prior to the issuance of a building permit for any structure in a PRD development, except that building permits for model home units may be approved pursuant to the requirements of chapter 30.41A SCC.

(5) All PRD applications must be accompanied by an application which will establish all required open space areas as separate tracts. Any applicant for PRD official site plan approval who does not concurrently apply for subdivision or short subdivision approval pursuant to chapters 30.41A or 30.41B SCC respectively, must apply for binding site plan and record of survey approval pursuant to chapter 30.41D SCC. This requirement applies even if the applicant intends the PRD site to be held under single ownership or to be subject to a declaration of condominium pursuant to chapters 64.32 and/or 64.34 RCW. The following shall apply to all PRDs accompanied by a concurrent application under chapter 30.41D SCC:

(a) An approved PRD official site plan shall constitute a previously approved site plan pursuant to SCC 30.41D.120 for purposes of chapter 30.41D SCC compliance;

(b) Open space tracts shall be depicted on a record of survey and properly recorded pursuant to the applicable provisions of chapter 30.41D SCC;

(c) The record of survey shall depict an accurate location of open space tracts, and shall include necessary dedications, covenants and restrictions, and maintenance provisions as may be prescribed by the director. Projects subject to a declaration of condominium may include the information required pursuant to this section on the record of survey otherwise required pursuant to chapters 64.32 and/or 64.34 RCW; and

(d) The record of survey for PRDs located in the R-7,200, R-8,400, and R-9,600 zones shall also include the location of all proposed structures, access roadways, and parking areas.

(6) A homeowners association used for purposes of tract ownership and maintenance responsibility for tracts established pursuant to this section shall remain in effect until alternative ownership and maintenance responsibility is authorized by the department. The homeowners association shall have by-laws and other documents, including covenants, approved by the county and recorded with the county auditor, guaranteeing maintenance of commonly owned tracts and restricting use of the tracts to that specified in the approved PRD official site plan. Membership in the homeowners association and payment of dues or other assessments for maintenance purposes shall be a requirement of home ownership.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.42B.220 Revision of the official site plan.

Revisions to an approved official site plan shall be processed pursuant to SCC 30.70.210 or 30.70.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.42B.230 Binding site plan.

(1) If an applicant chooses to divide land by subjecting a portion of a lot, parcel, or tract to either chapter 64.32 or 64.34 RCW, the applicant shall obtain approval of a PRD official site plan and approval of a binding site plan pursuant to chapter 30.41D SCC.

(2) All hearing examiner conditions of approval shall appear on either (a) the binding site plan with record of survey to be recorded, or (b) be referenced on said document and recorded separately as covenants, conditions, and restrictions (CCRs).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42B.240 Other uses permitted.

One acre of land for every 300 dwelling units may be used for neighborhood business purposes. A zone change to establish the Neighborhood Business zone shall be obtained as a separate action pursuant to the provisions of chapter 30.42A SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.42B.250 Maintenance of site improvements.

Prior to initiation of any site work and/or prior to issuance of any development/construction permits by the county, the applicant shall submit to the department covenants, deeds, and homeowners’ association bylaws, and other documents guaranteeing maintenance and common fee ownership, if applicable, of open space, community facilities, private roads and drives, and all other commonly-owned and operated property. These documents shall be submitted in a form acceptable to the director and accompanied by a certificate from an attorney that they comply with the requirements of this chapter prior to approval by the department. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition precedent to the filing of any final plat, final short plat, or binding site plan/record of survey of the property or division thereof, except that the conveyance of land to a homeowners’ association may be recorded simultaneously with the filing of the final plat, final short plat, or binding site plan/record of survey.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)