Chapter 21.30
PLANNED UNIT DEVELOPMENT

Sections:

21.30.100    Purpose.

21.30.200    Initiation of planned unit development projects.

21.30.250    Application fee.

21.30.300    Procedure for approval of planned unit development projects.

21.30.320    Final development plans.

21.30.340    Zoning map change.

21.30.400    Expiration.

21.30.500    Form and contents of applications.

21.30.600    Permitted location of planned unit development projects.

21.30.800    Uses permitted.

21.30.900    Use controls in planned unit developments.

21.30.950    Permissive variations in requirements.

21.30.970    Minor adjustments in planned unit development.

21.30.100 Purpose.

A planned unit development is a mechanism by which the city may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety, and welfare. A planned unit development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy, and efficient utilization of open space. (Ord. 2020 § 15, 1994; Ord. 743 § 1, 1974; Ord. 190 Art. XII § 12.1, 1964)

21.30.200 Initiation of planned unit development projects.

Planned unit development projects may be initiated by:

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 of the property in the area proposed for the planned unit development project, if there is more than one owner. Whenever an application is filed by more than one owner, the application should recite a willingness by the applicants to enter into a binding agreement between all owners of lands within the proposed PUD whereby the planned unit features, such as open space, greenbelt, access parking, and similar items, shall become a covenant running with lands involved within the PUD. Additional guarantees, including, but not limited to bonds, may be required by the city council; or

C. A governmental agency. (Ord. 2020 § 15, 1994; Ord. 743 § 1, 1974; Ord. 190 Art. XII § 12.1a, 1964)

21.30.250 Application fee.

Fees and costs are as set forth in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2242 § 12, 1999; Ord. 2020 § 15, 1994)

21.30.300 Procedure for approval of planned unit development projects.

The city will process an application for a preliminary planned unit development through Process I (LMC 1.35.100 through 1.35.180). Before approval of any plan, the hearing examiner shall determine that such plans comply with the development policies of the comprehensive plan, the purpose of this title, and provisions of this chapter. Such approval or preliminary approval shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern, but shall not be construed to render inflexible the ultimate design, specific uses or final plan of the project.

All commercial, industrial, and multiple-family planned unit developments (PUDs) and PUDs within nonresidential development shall comply with applicable Lynnwood city design guidelines and receive project design review approval pursuant to Chapter 21.25 LMC prior to approval of the PUD. (Ord. 2957 § 28, 2012; Ord. 2388 § 14, 2001; Ord. 2075 § 6, 1996; Ord. 2020 § 15, 1994; Ord. 1873 § 1, 1992; Ord. 1530 § 3, 1986; Ord. 743 § 1, 1974; Ord. 252 § 1, 1965; Ord. 190 Art. XII § 12.2, 1964)

21.30.320 Final development plans.

A. Where preliminary PUD approval is granted, the petitioner shall within two years of the date of the preliminary approval submit a final development plan for approval pursuant to Process I. In the event no final development plan is submitted within two years of the date of preliminary approval, the application shall expire.

B. The approved plan will constitute a limitation on use and design of the site. Permitted land uses and design shall be substantively similar to those identified in the written decision. (Ord. 3243 § 9, 2017; Ord. 2957 § 29, 2012; Ord. 2020 § 15, 1994; Ord. 1873 § 1, 1992; Ord. 1530 § 3, 1986; Ord. 743 § 1, 1974; Ord. 252 § 1, 1965; Ord. 190 Art. XII § 12.2, 1964)

21.30.340 Zoning map change.

The planned unit development resulting from the application of the provisions of this section shall be made a part of the zoning map and identified thereon by appropriate reference to the detailed planned unit development map and explanatory text, if any, either by number or by symbol. (Ord. 2020 § 15, 1994; Ord. 1873 § 1, 1992; Ord. 1530 § 3, 1986; Ord. 743 § 1, 1974; Ord. 252 § 1, 1965; Ord. 190 Art. XII § 12.2, 1964)

21.30.400 Expiration.

Upon the abandonment of a particular project authorized under this chapter or upon the expiration of three years from the final approval of a planned unit development which has not by then been completed, or commenced with an extension of time for completion granted, the authorization shall expire and the land and the structures thereon may be used only for a lawful purpose permissible within the zone in which the planned unit development is located. (Ord. 2020 § 15, 1994; Ord. 190 Art. XII § 12.3, 1964)

21.30.500 Form and contents of applications.

The community development director shall prescribe the form on which applications are made for planned unit development projects and prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it complies with such requirements and is verified as to the correctness of information given by the signature of the applicant attesting thereto.

A. Site Map. There shall be included as a part of the application an accurate map drawn to a scale of not less than 100 feet to the inch showing the boundaries of the site, names, and dimensions of all streets bounding or touching the site; the proposed location and horizontal and vertical dimensions of all buildings and structures proposed to be located on the site; proposed location and dimensions of “open space,” if any, within the site; proposed public dedications, if any, within the site; location, dimensions, and design of off-street parking facilities showing points of ingress to and egress from the site; and existing topographic contours at intervals of not more than five feet together with proposed grading, drainage, and landscaping.

B. Written Statement. The explanatory text shall contain a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses.

C. Area for Public Purposes. If the planned unit development contains any area that may require acquisition for public purposes such as opening and widening of streets or alleys, such features in addition to being indicated on the planned unit development map, shall also be shown in exact detail on a separate map to be processed and adopted in the manner prescribed for adoption of official controls. Such official control shall be identified in the official controls related to such elements of the comprehensive plan as involve the identification and preservation of future rights-of-way for public thoroughfares or areas for other public uses; provided however, in lieu thereof or in combination with such official controls, a plat may be filed and processed as required by the subdivision regulations. Hearings on the planned unit development, the official control, plat, and reclassification, if involved, shall be separately noted in the public notice of hearing, but may be held concurrently, and action on each shall be taken separately. (Ord. 2957 § 31, 2012; Ord. 2020 § 15, 1994; Ord. 190 Art. XII § 12.4, 1964)

21.30.600 Permitted location of planned unit development projects.

Nonresidential uses may be located in any zone within the city so long as the uses are consistent with the objectives of the comprehensive plan. Whenever a planned unit proposal provides for intended uses which are less restrictive or of different character than the existing zoning, the city council shall consider that circumstance as one factor in establishing conditions upon the granting of permission to proceed with the proposed planned unit. (Ord. 2020 § 15, 1994; Ord. 988 § 1, 1978; Ord. 743 § 1, 1974; Ord. 190 Art. XII § 12.5, 1964)

21.30.800 Uses permitted.

The city council may approve any use not a direct contradiction to the objectives of the comprehensive plan, except as set forth in LMC 21.30.950(B); provided however, the notices to the public relative to the PUD shall state with particularity every use to which properties within the PUD are to be put and the city council, in granting any PUD, shall make findings as to the specific uses to be permitted within the PUD. Every other use shall be illegal unless granted through a subsequent revision of the PUD in the same manner as a rezone of property. (Ord. 2020 § 15, 1994; Ord. 1873 § 2, 1992; Ord. 988 § 2, 1978; Ord. 743 § 1, 1974; Ord. 252 § 2, 1965; Ord. 190 Art. XII § 12.7, 1964)

21.30.900 Use controls in planned unit developments.

A. Retail Uses. In residential planned unit developments, accessory incidental limited retail uses will only be permitted in those developments which are planned for 200 families or more. Building permits or occupancy permits for such uses shall not be used until one-half of the total project is complete.

B. Open Space Land – Amount. In all residential planned unit developments, which include attached dwelling units or multiple dwellings, the design of the planned unit development is expected to demonstrate creativity in dealing with the topography, soil, existing vegetation, streams, and water bodies and other physical conditions, to maximize common open space, or combinations of common open space and small private outdoor areas related to each residential unit. The open space of a planned unit development is expected to contribute to the continuity of any existing or planned open spaces within the vicinity, whether public or private.

C. Open Space Land – Guarantee. Adequate guarantee must be provided to insure permanent retention of open space land area resulting from the application of these regulations, either by private reservation for the use of residents within the development or by dedication to the public or a combination thereof. (Ord. 3243 § 10, 2017; Ord. 2020 § 15, 1994; Ord. 872 § 1, 1976; Ord. 190 Art. XII § 12.8, 1964)

21.30.950 Permissive variations in requirements.

In considering a proposed planned unit development project, the approval thereof may involve modifications in the regulations, requirements, and standards of the zone in which the project is located so as to appropriately apply such regulations, requirements, and standards to the larger site. In modifying such regulations, requirements, and standards as they may apply to a planned unit development project, the following limitations shall apply:

A. Yards and Site-Screening. The requirements for yards and site-screening which would normally apply to the uses within the planned unit development, if those uses were being developed in a conventional use zone, shall apply in a planned unit development unless other proposals are approved as part of the preliminary planned unit development. Such proposals shall be accompanied by supporting material demonstrating that the variations would provide equal or greater protection to adjacent or nearby properties.

B. Number and Type of Dwelling Units. In a residential planned unit development, the allowed number of units may be arranged into the types of structures allowed in higher density zones. The number of dwelling units permitted in any R zone shall be determined by dividing the net development area by the minimum lot area per dwelling unit required in the zone in which the area is located.

Reductions in lot size requirements when parking spaces are placed within the building structure shall not apply to planned unit developments. Net development area shall be determined by subtracting from the total development area the area set aside for churches, schools or commercial use and the amount of land that would be required for streets if the land was developed under standard provisions instead of PUD. In RS zones, street right-of-way requirements under standard subdivision practices may be assumed to be 15 percent unless demonstrated otherwise.

C. Permitted Residential Site Coverage. The permitted percentage of coverage by residential buildings and structures for the net development area as determined in subsection (B) of this section shall not exceed the percentage of coverage permitted in the zone in which the project is located.

D. Permitted Nonresidential Site Coverage. The site coverage permitted for the nonresidential uses shall be solely in the discretion of the city council; in exercising its discretion, the city council shall be guided by the density and uses permitted on lands affected by this PUD, the objectives of the comprehensive plan, the site coverage permitted by the existing zoning, any fire hazards and the ability to provide fire protection and other emergency services, the amount of area needed for parking and open space to cause this PUD to be compatible to adjacent lands and uses, and such additional information as the city council determines to be relevant to its deliberation.

E. Off-Street Parking. An off-street customer parking plan shall be provided in connection with the preliminary planned unit development application, conforming to the standards of this title for the number of stalls and dimensional standards. Any proposed variations from the dimensional standards shall be shown on the parking plan and shall be accompanied by supporting material justifying the variations. The parking plan may also provide for flexibility in the number of parking stalls by designating a part of the parking plan to be made available upon demand by the city council or their designee. Such reserve parking capacity shall be guaranteed by bond or other appropriate guarantee. The land to be reserved for potential parking improvements shall be improved with an interim landscaping, but the preliminary approval may provide that existing vegetation may be retained in lieu of the landscaping. (Ord. 2020 § 15, 1994; Ord. 1873 § 3, 1992; Ord. 872 §§ 2, 3, 1976; Ord. 743 § 1, 1974; Ord. 386, 1968; Ord. 190 Art. XII § 12.9, 1964)

21.30.970 Minor adjustments in planned unit development.

In issuing building permits in connection with the construction of a planned unit development, the building department may make minor adjustments involving the location or dimensions of buildings, provided such adjustments shall not change the character or general location of buildings, and shall not increase the total amount of floor space authorized in the planned unit development, or the number of dwelling units, nor decrease the amount of parking or loading facilities, nor permit buildings to locate closer to any boundary line, nor change any points of ingress and egress to the site. (Ord. 2020 § 15, 1994; Ord. 743 § 1, 1974; Ord. 190 Art. XII § 12.10, 1964)