Chapter 18.69
PLANNED UNIT DEVELOPMENT (PUD) – COMMERCIAL AND INDUSTRIAL

Sections:

18.69.010    Purpose.

18.69.020    Applicability.

18.69.030    Definition of terms.

18.69.040    Types of planned unit developments.

18.69.050    Design standards – Commercial/industrial planned unit developments.

18.69.060    Owner’s association.

18.69.070    Restrictive covenants.

18.69.080    PUD street design standards.

18.69.090    Relationship to adjacent areas.

18.69.100    Project phasing.

18.69.110    Permissible initiators of planned unit developments.

18.69.120    Review and approval process.

18.69.130    Criteria for approval of a planned unit development.

18.69.140    Modifications and amendments.

18.69.150    Time limits and extensions.

18.69.160    Enforcement.

18.69.010 Purpose.

The objective and intent of this chapter is to provide a method by which the City may permit a variety of commercial and/or industrial development types, designs or arrangements that may not be permissible under traditional zoning techniques yet still provide for the protection of public health, safety and welfare. In such instances, the applicant may propose a development proposal which, if approved, would in effect replace the underlying zoning subject to specific guidelines and restrictions. This chapter is also intended to implement the goals of the City’s Comprehensive Plan, specifically to:

A.    Provide consistency in design, development, and sense of place within commercial or industrial developments;

B.    Allow cluster development in such a fashion as to avoid development within environmentally sensitive areas;

C.    Provide open space areas;

D.    Preserve property rights;

E.    Encourage innovative development and infrastructure techniques;

F.    Encourage mixed-use developments;

G.    Provide flexibility in development standards within commercial/industrial parks;

H.    Provide a public process for the review of PUD applications;

I.    Reflect best management practices for commercial and industrial development;

J.    Promote connectivity to adjacent properties with similar zoning; and

K.    Encourage the design of low impact stormwater methods that are integrated into the design of buildings, infrastructure and site design so as to minimize impacts to the natural environment and the aesthetics of the built environment. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.020 Applicability.

A.    A planned unit development application may be submitted for any commercial or industrial property located in the City, including the CC, GB, MXD, GDD, LI, M, or RR zones; provided, that no planned unit development application shall be approved in the FW – floodway zoning district that would authorize structures or land uses that are otherwise prohibited in the FW – floodway zoning district.

B.    Planned unit developments may be utilized to satisfy all or a portion of master planning requirements identified in FMC 18.44.1145.

C.    Full environmental (SEPA) review of planned unit developments proposed within the scope of a planned action may be waived. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.030 Definition of terms.

A.    “Air-space condominium” means a development where all property, including the structures, is owned in common by an association.

B.    “Buffer area” means an area located on the perimeter of a planned unit development site that is reserved for screening and/or landscaping purposes to separate the planned unit development from adjoining land uses which are incompatible with uses within the planned unit development. No building construction, vehicle parking, or outdoor storage of materials is permitted within a required buffer area.

C.    “Cluster development” means a development technique of placing lots closer together by reducing lot width and lot size requirements for the purpose of preserving environmentally sensitive areas or open space and/or reducing infrastructure costs. For the purposes of this definition, clustering does not by itself result in increased density.

D.    “Critical area” means landslide hazard area, erosion hazard area, seismic hazard area, volcanic hazard area, frequently flooded area, aquifer recharge area, stream corridor, and wetland, as defined under Chapter 16.08 FMC.

E.    “Environmentally sensitive area” means critical areas, nonregulated mature stands of native vegetation, and steep slopes.

F.    “Open space area” means all portions of a PUD project that are not private lots, buildings, public rights-of-way, or required parking or drive-access areas. Open space area includes all usable and nonusable open spaces.

G.    “Postage stamp condominium” means a development where all property, except the buildings (and the land described by the footprint of the building), is owned in common by an association.

H.    “Site area” means the combined size of any and all parcels, tracts and lots that are included within a PUD application. Site area shall exclude all public rights-of-way existing at the time of PUD applications, but shall include any private easements that are located within the site.

I.    “Usable open space,” for the purposes of this chapter, may include open play areas, wooded areas accessible by a path system, structured picnic areas, equipped playgrounds, sports fields, game courts, swimming pools, recreational buildings, clubhouses, gazebos, pedestrian and bicycle paths, landscaped and unfenced detention ponds, community gardens, nature interpretive areas, and other similar areas and structures.

    “Usable open space” may not include lots, buildings, private yards, outdoor storage, streets and any associated rights-of-way, driveways, parking areas, fenced stormwater detention ponds, critical areas and their associated buffers, slopes in excess of 15 percent, areas with any dimension less than 10 feet, and required perimeter buffers (where applicable). (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.040 Types of planned unit developments.

All planned unit development applications shall fall within one of the following categories:

A.    Planned unit development – residential, subject to Chapter 18.68 FMC.

B.    Planned unit development – commercial/industrial, subject to this chapter. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.050 Design standards – Commercial/industrial planned unit developments.

A.    Minimum site area: three acres.

B.    Where Permitted. A commercial/industrial planned unit development may be permitted within the RR – regional retail, MXD – mixed use commercial, GD – gateway development, GB – general business, CC – City center, LI – light industrial and M – manufacturing zoning districts. Commercial planned unit developments which identify uses exceeding 20,000 square feet in cumulative gross square footage must demonstrate proposed compliance with City of Ferndale EAGLE standards prior to approval.

C.    Uses Permitted – Type. Any use as permitted in the underlying zoning district. Uses not specifically permitted in the underlying zoning district or a combination of uses not permitted in the underlying zoning district may be allowed upon approval of a planned unit development application; provided, that the Hearings Examiner and City Council finds that the proposed use is similar in effect and compatible with permitted or conditional uses in the underlying zone.

D.    Uses Permitted – Number. In general, commercial or industrial planned unit developments are intended to serve multiple uses within a coordinated development. When future uses are unknown, pad lots or interior space may be identified for future uses when specific tenants are not known.

E.    Buffer Requirements.

1.    A minimum buffer meeting the requirements of the City’s L-3 high screen landscaping standard (FMC 18.74.040(C)) shall be established around the entire perimeter of any commercial/industrial planned unit development, whenever the lands adjoining the PUD are not zoned for commercial or industrial purposes, except that whenever the underlying zoning contains more stringent buffer requirements, the more stringent requirement shall apply, as required by Chapter 18.74 FMC. Landscaping and other screening features such as berms and/or fencing shall be established within the required buffer area to provide a solid screen separating the development site from adjoining properties zoned for different purposes. No building, parking, outdoor storage or access drive shall extend into a required buffer area, although trail systems and walkways may be allowed; provided, that solid screening is in place within the remaining buffer area. Maintenance responsibilities for the buffer area shall be clearly identified in the preliminary application. All buffer area restrictions shall be clearly noted on the final plat or other legal document to advise potential lot purchasers/lessees of said buffer restrictions and their individual responsibilities.

2.    A minimum 10-foot-wide landscaped buffer shall be established around the common perimeter of any commercial/industrial planned unit development, whenever the lands adjoining the PUD are zoned for commercial and/or industrial purposes. The buffer shall be continuous in nature, except in those locations where shared parking and/or shared access or utility connections are necessary, or when critical areas extend beyond the PUD boundaries to adjacent parcels.

3.    Landscaping shall be consistent with the requirements of Chapter 18.74 FMC, Ferndale Landscape Standards.

4.    Buffering requirements are not intended to prevent the applicant from combining required landscaping with low impact stormwater facilities; provided, that such facilities do not decrease the buffer’s ability to screen the development from adjacent properties and do not increase nuisance conditions related to vermin or insects. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.060 Owner’s association.

All PUD applications must include preliminary bylaws for an owner’s association and, upon approval of a PUD application, the applicant shall convey by deed all private streets, sidewalks, walkways, curbs, gutters, stormwater drainage facilities, utilities, and all other common areas and open space areas to an owner’s association. The City shall be provided with easements necessary to serve and maintain all property and utilities owned and/or maintained by the City. The owner’s association shall be empowered to collect dues and assessments and to enforce covenants, conditions, and restrictions and any rules and regulations deemed necessary for the governing of development and use of each lot and common areas within the PUD. The owner’s association may not be dissolved nor may it convey any property within the PUD without the express written approval of the Ferndale City Council. If an owner’s association becomes inactive, the City shall be authorized to assess the costs of performing maintenance on the individual property owners based on the pro-rata share of the maintenance costs. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.070 Restrictive covenants.

All PUD applications must include preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD. The CC&Rs shall include the following:

A.    Architectural control standards, which shall be approved by a licensed architect. The architectural control standards shall be designed to reflect a unified architectural concept in terms of style, form, bulk, colors, and materials. A coordinating architect, architectural review board, or other such mechanism shall be established by the owner’s association to review all plans submitted by lot owners within the PUD to ensure compliance with the architectural control standards. All lot owners shall be required to submit building and design plans to the established reviewing body prior to construction of any building on any lot within the PUD.

B.    Landscape and lighting plan, identifying the type, size, spacing, and maintenance schedule for all landscaping (including lighting elements) proposed within the required buffer areas, open space areas, and other common areas. Maintenance of all landscaping, buffer areas, and open space areas shall be the responsibility of the owner’s association and all individual lot owners. All future purchasers of lots within the PUD shall be required to sign an acknowledgment indicating knowledge and compliance with these maintenance responsibilities. The City may require that a maintenance bond be posted in an amount representing 125 percent of the estimated costs of maintaining any of these areas for a period of five years from the date of final PUD approval. If the owner’s association and/or the individual lot owners fail to adequately maintain the landscaping, buffer areas, and open space areas, then the City shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The City shall have the right to recover all costs, including attorney’s fees, incurred in any enforcement action. Nothing herein, however, shall require the City to take any action on behalf of the owner’s association or lot owner or other citizen to enforce the CC&Rs.

C.    Private Street Maintenance Plan. In the event that private streets are approved within a PUD, the CC&Rs shall describe responsibilities for the maintenance of the private streets. Whenever a private street is approved within a PUD, all street related improvements shall be maintained by the owner’s association. Street related improvements include, but are not limited to, automobile travel lanes, parking areas, bicycle lanes, turn-around areas, sidewalks or other pedestrian walkways, curbs, gutters, catch basins, or any other storm drainage facilities, street lights, street signs or pavement markings, medians, planting areas, or similar improvements. If the owner’s association and/or the individual lot owners fail to adequately maintain the private streets and related improvements, the City shall have the right to take any enforcement action necessary to ensure compliance with the CC&Rs, including but not limited to the right to impose any necessary charges, assessments, and liens. The City shall have the right to recover all costs, including attorney’s fees, incurred in any enforcement action. Nothing herein, however, shall require the City to take an action on behalf of the owner’s association or lot owner or other citizen to enforce the CC&Rs.

D.    Stormwater maintenance plan identifying the location and type of private stormwater facilities to be owned and/or maintained, individually or collectively, by the owner(s) or tenant(s) of the PUD. The stormwater maintenance plan must also include the recommended schedule for inspections of these facilities. Should there be private stormwater facilities on individual lots within the development such as rain gardens, bio-swales or similar, the maintenance plan shall include the design and recommended maintenance schedule for each facility. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.080 PUD street design standards.

All streets to be constructed within the interior of a planned unit development site or existing streets fronting on a planned unit development site shall be improved in accordance with City standards as identified in the City development standards manual and shall be dedicated to the City of Ferndale. In some instances, streets within a planned unit development may be private; provided, that the applicant can demonstrate the following:

A.    Minimum safety standards for emergency vehicle access are provided within the planned unit development.

B.    Adequate travelway width for the anticipated levels of traffic, including appropriate provisions for off-street and on-street parking, backing, vehicle stacking, pedestrian movements, bicycle movements, truck turning movements and improvements necessary to accommodate public transit are provided.

C.    Street layout within the planned unit development is consistent with the surrounding street system and shall not preclude remote parcels of property from gaining access to the City street system.

D.    Approval of a private street would not negatively impact the traffic circulation in the surrounding neighborhood or area.

E.    Connectivity between the planned unit development and adjacent properties in similar zoning. If adjacent properties are developed, the applicant shall provide connectivity, where feasible.

F.    The applicant demonstrates the ability to maintain a private street system within the planned unit development.

G.    The final plat documents shall reference any restrictive covenants regarding private streets and shall include an acknowledgment statement indicating City policy to refuse consideration of private streets for dedication unless or until said private streets can be improved to meet current minimum City standards. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.090 Relationship to adjacent areas.

When a commercial or industrial PUD will be located adjacent to an established commercial or industrial development, the PUD shall be designed to promote the shared use of access points, utilities, stormwater, and more. The PUD proponents and the City may also identify certain iconic structures, vegetation, landscaping, views, etc., which may be utilized to establish a complementary design aesthetic between the new development and existing adjacent developments. A minimum landscaped buffer shall be required between the new and existing development. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.100 Project phasing.

A.    If a proposed PUD is to be constructed in phases, the applicant shall submit a phasing plan with the application materials. If a project is to be phased, it shall be designed such that each phase can “stand alone” so that if subsequent phases are not constructed, the completed portion of the project constitutes a coherent development logically interconnected with surrounding areas.

B.    Certain project elements, such as open space and recreational amenities, must be provided for each phase of development in rough proportion to the size of the particular phase within the whole project. In certain circumstances, this may also require that infrastructure improvements shown within a later phase of the project may be required to be constructed with an earlier phase, or appropriate securities provided to ensure that construction occurs even if the later phase never takes place. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.110 Permissible initiators of planned unit developments.

Permissible initiators of planned unit development are:

A.    The owner of all the property involved, if under one ownership; or

B.    An application filed jointly by all owners having title to all the property in the area proposed for the planned unit development project, if there be more than one owner; or

C.    A person having an interest in the property to be included in the planned unit development. The planned unit development application shall be in the name or names of the recorded owner or owners of property included in the development. The application may be initially filed by holder(s) of an equitable interest in or option on such property; provided, that written permission from the property owner(s) is included with the application. In such cases, the applicant must evidence a full ownership interest in the land (either legal title or the execution of a land sales agreement) before final approval of the applicant’s plan. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.120 Review and approval process.

A.    Prospective applicants for PUD projects shall schedule and pay for an informal review of the project conceptual plans with the Technical Review Committee prior to submittal of any applications. Prospective applicants for PUD projects which include 20,000 square feet or more of retail space shall schedule an informal review of the project conceptual plans with the City of Ferndale EAGLE Board.

B.    After preliminary review by the Technical Review Committee, but prior to submittal of applications, the applicant shall arrange for and hold an informal community meeting at a location and on a day of the week and time convenient to surrounding property owners. The applicant shall:

1.    Extend written invitations to, at a minimum, all property owners within 300 feet of the project property boundaries; and

2.    Post a notice of the community meeting at two prominent locations on the project site at least 10 days prior to the scheduled date of the meeting. The notices shall be on City-supplied public notice signs paid for by the applicant; and

3.    Explain the project concept to the surrounding property owners and solicit input as to the issues which concern them; and

4.    Prepare a written report documenting the community meeting, summarizing the issues raised, and describing how the applicant intends to address the issues raised in the project design; and

5.    Submit said written report to the City for inclusion with the application materials.

C.    The applicant shall submit concurrently a PUD application, a land division application (e.g., long plat, short plat, binding site plan, as applicable), a SEPA checklist, a completed EAGLE checklist and proposal, and appropriate filing fees for determination of completeness. At a minimum, the application package shall include:

1.    A site plan with information consistent with that required for a standard site plan review.

2.    A preliminary plat map (including a preliminary road and utilities plan) consistent with the requirements of the City subdivisions ordinance, FMC Title 17.

3.    Architectural renderings, perspective drawings, or photographs of like structures shall be submitted sufficient to illustrate the architectural concept of the project. Where necessary, the applicant may include notations documenting parcels or buildings for which no tenants are known.

4.    A preliminary landscape and lighting plan. The plan should identify natural areas to be retained, landscape buffers, usable open space, and recreational amenities, together with proposed lighting. Calculations of the amount of usable open space shall be provided.

5.    Preliminary covenants, conditions, and restrictions (CC&Rs) which clearly describe responsibilities for operation and maintenance of commonly owned elements of the PUD.

6.    Preliminary civil drawings and/or concepts, including stormwater detention and conveyance, water and sewer conveyance and size, and fire flow.

7.    The written report of the community meeting held prior to submittal of the applications.

D.    Once the applications have been determined to be complete, the PUD application will be included on the next available agenda for formal review by the EAGLE Board, if applicable.

E.    Once the applications have been determined to be complete, the PUD application will be included on the next available agenda for formal review by the Technical Review Committee.

F.    Once a SEPA threshold determination has been issued, the PUD application may be scheduled for a public hearing before the Hearings Examiner.

G.    Based on the record developed at the public hearing the Hearings Examiner will make a recommendation and forward it to the City Clerk for inclusion on the next available City Council agenda.

H.    Based on the recommendation of the Hearings Examiner, and the record developed at the public hearing, the City Council will make a decision on the PUD and associated plat applications.

I.    Following the decision of the City Council, the applicant shall make any required revisions and submit the revised PUD site plan and revised preliminary plat to the City for staff review, approval, and stamping. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.130 Criteria for approval of a planned unit development.

The City may approve a planned unit development application only if it finds that the following requirements have been met:

A.    The applicant has consulted with surrounding property owners prior to submittal of the application.

B.    The applicant has filed a proper application and followed the procedural steps required by this chapter and other applicable chapters of the Ferndale Municipal Code.

C.    The proposed PUD will not result in a significant adverse impact on the environment, as evidenced by an appropriate threshold determination under SEPA, and the project will incorporate in its design any mitigation measures identified during the SEPA review. Projects that are subject to a planned action may be exempted from additional SEPA review; provided, that the City determines the scope of work proposed has been addressed through the planned action EIS and ordinance.

D.    The project will result in the protection, preservation, or enhancement of environmentally sensitive areas that may exist on the property.

E.    The project design includes buffers where necessary and development patterns adjacent to established developments consistent with the requirements of this chapter.

F.    The project design includes usable open space in an amount that meets the requirements of this chapter, and which includes particular elements appropriate to the size and character of the anticipated population of the PUD.

G.    The applicant has proposed and demonstrated that there will be sufficient legal mechanisms put in place to guarantee the continued operation and/or maintenance of all commonly owned elements of the PUD in perpetuity. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.140 Modifications and amendments.

An approved PUD may be modified or amended upon written request of the property owner(s).

A.    Modifications are considered minor changes to an approved PUD, which may be approved administratively, and which do not:

1.    Change the mix of uses or significantly alter the arrangement of buildings for a commercial or industrial PUD.

2.    Significantly alter the amount or arrangement of open space or recreational amenities, or the treatment of environmentally sensitive areas that may exist on the site.

3.    Significantly alter the approved architectural concept of the PUD.

4.    Significantly alter the basic layout of the approved project infrastructure.

B.    Amendments are major changes to an approved PUD that do not qualify as modifications.

C.    Proposed PUD amendments shall be processed in the same manner as a PUD application, including noticed public hearing, Hearings Examiner review and recommendation, and review and approval by the City Council. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.150 Time limits and extensions.

A.    The PUD approval, and the approval of any associated preliminary plat or other land division approval, shall be valid for five years from the day it is approved by the City Council. Construction on any and all phases of a PUD must be complete for final PUD approval within five years of the preliminary PUD approval; provided, that there may be a two-year extension as provided herein.

B.    A PUD and any associated preliminary plat or other land division, pursuant to FMC 17.20.090, may be extended by resolution of the City Council for a maximum of two years; provided, that:

1.    A written request for extension has been received at least 30 days prior to the date of expiration; and

2.    The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the five-year time limit. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)

18.69.160 Enforcement.

A.    If the applicant does not begin and substantially complete the planned unit development, or any phase of the planned unit development, within the time limits imposed by FMC 18.69.150, the Planning Director shall review the planned unit development and may recommend to the City Council that:

1.    The time for its completion be extended, upon a showing that the project can be completed within six months, and that the applicant has posted bond or other acceptable securities to ensure completion of any unfinished work; or

2.    The approval of the planned unit development be revoked.

B.    The approved final plat and approved PUD site plan are binding and shall be a restriction on development which runs with the land. Any unauthorized deviation therefrom shall be punishable and enforceable as a violation of this title. (Ord. 1933 § 5 (Exh. 5), 2016; Ord. 1665 § 1, 2011)