Chapter 17.40
PLANNED UNIT DEVELOPMENTS

Sections:

17.40.010    Purpose.

17.40.020    Applicability.

17.40.030    Permitted locations.

17.40.040    Permitted uses.

17.40.050    Minimum site area.

17.40.060    Permitted modifications of regulations.

17.40.065    Low impact development (LID).

17.40.066    Clustering.

17.40.068    Repealed.

17.40.070    Density and permitted number of dwelling units.

17.40.080    Common open space standard.

17.40.090    Access, circulation and parking.

17.40.100    Preliminary PUD review procedures.

17.40.110    Merger of review stages.

17.40.120    Final PUD review procedures.

17.40.130    Amendment of approved final PUD.

17.40.140    Expiration of a planned unit development permit.

17.40.150    Merger with subdivision.

17.40.160    Merger with residential condominium binding site plan review process.

17.40.010 Purpose.

The purpose of this chapter is to provide for the establishment of a planned unit development (PUD) and to create a permit process and standards for planned unit developments (PUDs). As part of meeting these purposes and goals, this chapter is intended to fulfill the following purposes:

A. Create a planned unit development process that encourages preservation and protection of the natural features of the land beyond the standards of other chapters in this title.

B. Encourage innovation, creativity and flexibility in the development of new residential areas in the city of Newcastle, to create desirable neighborhoods, and to carry out the objective and spirit of the Newcastle comprehensive plan, the Lake Boren Master Plan and the Downtown Strategic Plan and the Community Business Center/Lake Boren Corridor master plan by allowing development that will provide public benefits through maintaining and improving the quality of life in the city.

C. Preserve the natural environment and water quality through the use of low impact development (LID) best management practices (BMPs) when feasible.

D. Manage stormwater through a land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to mimic more closely predevelopment hydrologic conditions.

E. Encourage creative and coordinated site planning, the conservation of natural conditions and features, the use of appropriate new technologies and techniques, and the efficient layout of streets, utility networks and other public improvements.

F. Minimize impervious surfaces.

G. Encourage the creation or preservation of permanent forest open space. (Ord. 2021-624 § 4; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.010).

17.40.020 Applicability.

This chapter shall permit new development that would not meet the strict application of the city’s zoning regulations when the development meets the standards of this chapter. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.020).

17.40.030 Permitted locations.

Planned unit developments shall only be permitted in the R-1, R-4, R-6, R-12, and R-24 zoning districts, and only when processed and approved as provided in this chapter. (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.030).

17.40.040 Permitted uses.

Uses permitted in a planned unit development shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted, conditional, and special uses, including standards of the Lake Boren Master Plan and the Downtown Strategic Plan. (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.040).

17.40.050 Minimum site area.

No minimum site area shall be required for a planned unit development. (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.050).

17.40.060 Permitted modifications of regulations.

A. Density. The applicant may request a bonus in the number of dwelling units allowed by the underlying zoning district pursuant to NMC 17.40.070(C).

B. Other. The applicant may request a modification of the following provisions of the Newcastle Municipal Code except a provision which states that it is not subject to modification, and except any procedural, enforcement, or administrative provision of the Newcastle Municipal Code:

1. The design standards of the city of Newcastle public works standards of NMC Title 12, Streets, Sidewalks, and Public Places, except as provided in NMC 17.40.090;

2. Chapter 18.12 NMC, Development Standards – Density and Dimensions;

3. Chapter 18.14 NMC, Development Standards – Design Requirements;

4. Chapter 18.16 NMC, Development Standards – Landscaping and Tree Retention; and

5. Chapter 18.18 NMC, Development Standards – Parking and Circulation, except as provided in NMC 17.40.090.

C. The applicant may not request a modification of any provision of the Newcastle Municipal Code not identified in subsections (A) and (B) of this section.

D. This section shall not preclude the applicant from requesting a variance to the provisions of the Newcastle Municipal Code. (Ord. 2021-624 § 4; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.060).

17.40.065 Low impact development (LID).

The use of LID best management practices (BMPs) is required for PUDs where feasible. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

17.40.066 Clustering.

A. To achieve the goals of low impact development, development shall be clustered within the designated development area of the site. Clustering is intended to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers (NMC Title 14). Preservation of open space reduces potential stormwater runoff and associated impacts and provides area for dispersion, filtration and infiltration of stormwater.

B. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight-line or highway strip patterns. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1)).

17.40.068 Native vegetation standards.

Repealed by Ord. 2016-551. (Ord. 2009-417 § 2 (Att. 1)).

17.40.070 Density and permitted number of dwelling units.

A. The maximum number of dwelling units permitted in a PUD shall be determined by the following calculation:

Maximum number of dwelling units permitted in a PUD = Maximum number of dwelling units permitted by base density x (100% + sum of percentages of all bonus densities earned under subsections (C)(1) through (C)(4) of this section) plus bonus units allowed under Chapter 18.34 NMC, if any.

B. The maximum number of dwelling units permitted by the base density shall be determined using the calculations in NMC 18.12.070 and 18.12.080.

C. Bonus Densities. One or more of the following density bonuses may be earned in addition to the base density units allowed in a PUD and in addition to bonus units allowed under Chapter 18.34 NMC. In no case shall the sum of the bonus densities allowed under subsections (C)(1) through (C)(4) of this section exceed 20 percent of the base density. The bonus percentages shall be added together before being multiplied by the permitted base density.

1. Common Open Space. A five percent density bonus may be earned if at least 25 percent or one-half acre, whichever is greater, of the required common open space has a slope of 10 percent or less. Such common open space shall be concentrated areas and shall not be covered by areas defined as wetlands by the Newcastle Municipal Code. The use of bioretention facilities may be used in common open space areas.

2. Active Recreation Areas. An eight percent density bonus may be earned if two or more active recreational features are provided, including but not limited to jogging/walking trails, pool, recreation building, children’s play areas, tennis courts and sports courts and/or sports fields.

3. Perimeter Landscaping Buffer. A 10 percent density bonus may be earned if the street frontage and interior perimeter landscaping exceed the buffer requirements in Chapter 18.16 NMC by 50 percent of the width of the required buffer, or by a 10-foot width of Type II landscaping, whichever is greater.

4. Mixed Housing Types. A two percent density bonus if a development features a mix of two or more residential housing types, including but not limited to single-family detached residences, single-family attached residences, condominiums, townhomes, and apartments.

D. Minimum density for a PUD shall be established by the standards in NMC 18.12.060. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.070).

17.40.080 Common open space standard.

A. Each PUD shall provide not less than 35 percent of the total gross site area for common open space. Common open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation or to provide wildlife habitat. This section shall replace the standards of NMC 18.14.180 for planned unit development. PUDs may include bioretention facilities toward up to 25 percent of the total open space requirements.

B. Common open space shall be open space available for common use by the residents, tenants and the general public, depending on the type of project.

C. Installation and Maintenance of Common Open Space.

1. Installation. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the city; provided, that common open space containing natural features worthy of preservation may be left unimproved.

2. Prior to approval of the final PUD, the developer shall furnish a cash deposit or letter of credit to the city in an amount equal to a minimum of 130 percent of the cost of the installation of the approved landscaping, which shall be planted within one year of the date of final approval of the PUD, and the maintenance of such landscaping for a period of two years thereafter.

3. Maintenance. Landscaping and common open space shall be maintained permanently by the property owners’ association or the owner of the PUD, or the agent or agents thereof, and shall be subject to periodic inspection by the city. The amount of native plants within bioretention facilities as provided in subsection (A) of this section shall be maintained or replaced if the plants do not survive. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.080).

17.40.090 Access, circulation and parking.

A. General. The planned unit development shall have adequate pedestrian and vehicle access and parking commensurate with the location, size and density of the proposed development. The use of pervious pavements and sidewalk surfaces is required, unless infeasible.

B. Streets. Streets within a PUD shall be dedicated to the city for public use. Such streets shall be developed to the full minimum standards specified within the city of Newcastle road standards, including curbs, gutters and sidewalks. This section shall not preclude the applicant from requesting a variance to the city of Newcastle road standards. This section shall not preclude the applicant from proposing the use of permeable pavement and other LID BMPs into the project design. Alternatives to hammerhead turnarounds or cul-de-sacs are encouraged, to minimize impervious surfaces, where emergency vehicle access can be maintained.

C. Parking. Adequate vehicular parking areas shall be provided. Vehicular parking may be provided either on-street or off-street within the PUD; provided, that the total number of available spaces is at least equal to the resident and guest parking requirements required by NMC 18.18.030 through 18.18.060.

D. Pedestrian Circulation. In addition to pedestrian circulation requirements of NMC 18.18.110, special emphasis shall be placed on providing pedestrian access, including sidewalks and/or trails, to proposed and existing recreational and common open space areas and to all on-site or abutting transit facilities. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.090).

17.40.100 Preliminary PUD review procedures.

A. Preapplication Conference Required. A preapplication conference is required prior to submittal of a preliminary PUD application in accordance with the pertinent provisions of the Newcastle Municipal Code.

B. Complete Application. Applications for a preliminary PUD shall be considered fully complete once the department determines that the application contains the following materials:

1. A completed preliminary planned unit development application packet with supporting documents containing sufficient information to determine compliance with adopted rules and regulations including, but not limited to, SEPA as implemented by Chapter 197-11 WAC, the city’s zoning code, road standards, surface water runoff regulations, shoreline management regulations, fire code, and administrative rules adopted to implement any such code or ordinance provision, King County board of health rules and regulations, city-approved utility comprehensive plans, and conformance with applicable private restrictions and covenants which are in effect at the time of application.

2. Name and address of developer.

3. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.

4. Documentation of the date and method of segregation of the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.

5. Payment of any application fees and/or development deposits imposed by the city.

6. A completed environmental checklist.

7. Completed applications for other required permits if the permits are to be processed with the preliminary PUD, or copies of issued permits if they have been previously approved.

8. A phasing plan and time schedule, if the site is intended to be developed in phases.

9. Site Plan. A scaled site plan of the property proposed to be developed (of a scale clearly legible) is required, including:

a. The location and size of all proposed lots, tracts and easements, consistent with separately attached preliminary plat or condominium binding site plan application.

b. Proposed site improvements and structures, including, but not limited to, streets, buildings, driveways, parking areas, walkways, play equipment, furnishings, fixtures, and retaining walls.

c. Any existing structures or site improvements intended to be retained on the site.

d. The location of proposed or existing open space, including landscaped areas.

e. The location and identification of critical areas on and within 300 feet of the site.

f. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site.

g. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access.

h. Location of existing and proposed fire hydrants.

i. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site.

j. The location of at-grade or above-grade utility equipment (e.g., vaults, cabinets, poles, transformers, etc.).

k. Proposed access.

10. Elevation Drawings and Floor Plans. A minimum 18-inch-by-24-inch scaled drawing of elevations and floor plans of all buildings.

11. Landscape Plan. A minimum 18-inch-by-24-inch drawing of a landscape plan showing existing vegetation to be retained, proposed new vegetation, an irrigation plan, and proposed locations of all utilities, drainage systems and retaining walls in relation to proposed landscaping materials (consistent with separately attached utilities, drainage, and grading plans).

12. A significant tree retention plan as defined and required in NMC 18.16.140.

13. Lighting Plan. A lighting plan showing the location, height and type of all luminaries and security lights in relation to proposed site improvements and landscaping, including photometric details.

14. Proposed Restrictions. Draft covenants, conditions and restrictions labeled “CC&Rs” or any other restrictions or easements that may apply.

15. PUD Statement Letter. Include a statement letter (narrative) addressing each of the decision criteria for a PUD as defined in subsection (E) of this section.

C. Review Process and Decision. The application shall be processed as a Type IV project permit application under Chapter 19.07 NMC.

D. Public Notice. Public notice shall be provided in accordance with Chapter 19.11 NMC.

E. Decision Criteria. The city may approve or approve with conditions a preliminary PUD if:

1. The PUD complies with the purposes of this chapter.

2. The PUD provides public benefits including, but not limited to, one or more of the following:

a. Enhancement or rehabilitation of environmentally sensitive areas, as established in Chapter 18.24 NMC, on the subject property beyond the requirements of the code.

b. Enhancement or rehabilitation of natural features of the subject property beyond the requirements of the code.

c. Public facilities that could not be required by the city for development of the subject property without a planned unit development.

3. The PUD meets the following criteria:

a. The PUD is compatible with present and potential surrounding land uses. (Compatibility includes, but is not limited to, size, scale, mass, character and architectural design.)

b. The PUD provides streets and pedestrian facilities that are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project.

c. The PUD provides utility services, emergency services, and other improvements, existing and proposed, that are adequate to serve the development.

d. An appearance of openness is created by clustering, separation of building groups, and/or use of well-designed common open space and landscaping.

e. Landscaping within and along the perimeter of the PUD that enhances the visual compatibility of the development with the surrounding neighborhood.

f. A quality environment is created through the provision of either passive or active recreation facilities and attractive common areas, including the access to buildings from parking areas and public walkways.

g. Privacy is provided between dwelling units in the PUD, and for adjacent dwelling units. A sense of privacy and separation from adjacent units is created through careful location of building entrances, windows, and by the use of fences, walls and landscaping.

h. Buildings are oriented to enhance views from within the site by taking advantage of topography, building location and style.

i. The PUD promotes variety and innovation in site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type, i.e., single-family, detached, attached, townhouses, etc.

j. The perimeter of the project is designed to enhance adjacent uses and not create a “walled corridor” of buildings, heavily traveled streets, or light and glare. Perimeter buildings should be similar in scale and bulk to buildings on adjacent sites.

k. Parking areas are complemented by landscaping.

l. The PUD promotes safety through adequate sight distance, separation of vehicles from pedestrians, avoidance of difficult turning patterns, and minimization of steep gradients.

m. The PUD provides safe, efficient access for emergency vehicles.

n. The PUD is consistent with the Newcastle comprehensive plan.

o. The PUD incorporates LID BMPs where feasible.

F. Effect of an Approved Preliminary PUD. The approval of a preliminary PUD constitutes the city’s acceptance of the general project, including its density, intensity, arrangement and design. Approval authorizes the applicant or subsequent owner to apply for final PUD approval following completion of required improvements as established in the conditions of approval for the preliminary PUD. Preliminary PUD approval alone does not approve any building permits or authorize any site work. An approved preliminary PUD binds the future PUD site and all subsequent owners to the uses, densities, and standards of the preliminary PUD until such time as a final PUD is approved for the site, a new preliminary PUD is approved, or the preliminary PUD expires subject to the provisions of this chapter.

G. Sale or Transfer of Planned Unit Development. If a developer sells the site or a portion of the site after preliminary PUD approval, such sale shall not prevent final approval of the planned unit development; provided, that any succeeding owner agrees to comply with the requirements of this chapter and any and all conditions that have been established for the approved PUD.

H. The PUD implements LID best management practices (BMPs) as the first option to manage stormwater on site, where site and soil conditions make LID feasible and where approved by the city based on review of material prepared and submitted by the applicant. LID BMPs shall be designed and constructed in accordance with the latest adopted version of the King County Surface Water Design Manual and the current edition of the LID Technical Guidance Manual for Puget Sound. (Ord. 2021-624 § 4; Ord. 2020-611 § 7; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.100).

17.40.110 Merger of review stages.

The applicant may request that review and decision on the preliminary PUD and final PUD be merged in one decision. The merged decision shall follow the procedural steps required of a preliminary PUD. However, the applicant shall submit all plans and information in the detail required for a final PUD and shall comply with all other requirements and standards for a final PUD. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.110).

17.40.120 Final PUD review procedures.

A. Submittal Requirements and Complete Application. Applications for a final PUD shall be considered fully complete once the department determines that the application contains the following materials:

1. A completed final planned unit development application packet including supporting documents.

2. Architectural drawings, including floor plans and elevations. Drawings should be to scale and include all dimensions.

3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating to operation and maintenance of the development, including all of its open and recreation areas, which CC&Rs and other documents shall be recorded upon final PUD approval.

4. Access and circulation plan.

5. Landscaping plan.

6. Significant tree retention plan.

7. Grading plan.

8. Drainage plan.

9. LID principles and use of BMPs should be identified on all above plans, where feasible.

B. Public Notice. Public notice shall be provided in accordance with Chapter 19.11 NMC.

C. Revisions or Modifications to Proposal.

1. Applicant-generated modifications or requests for revision(s) that are not made in response to technical staff review, throughout the public process or from examiner conditions which result in any substantial changes as determined by the city including changing the basic design, density, circulation, or common open space requirements of the planned unit development shall be treated as a new preliminary PUD application for purposes of vesting.

2. Applicant-generated proposals to change the basic design, density, circulation, or common open space requirements of the planned unit development or to alter conditions of approval on an approved preliminary PUD shall also be treated as a new preliminary PUD application for purposes of vesting.

3. Applicant-generated modifications or requests for revision(s) that do not result in any substantial changes as determined by the city may be permitted following review and shall not be treated as a new application for purposes of vesting.

D. Review Process and Decision.

1. An application for a final PUD shall be reviewed as a Type IV project permit application under Chapter 19.07 NMC.

2. Criteria for Approval. Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD substantially conforms to the approved preliminary PUD. For the purposes of this section, “substantially conforms” means that, as compared to the preliminary PUD, the final PUD contains no significant revisions in density, uses, design or development standards or in the site plan, and that there is not such a quantity of minor revisions that the cumulative effect thereof constitutes a significant revision.

E. Effect of an Approved Final PUD. Following approval of a final PUD, the applicant may proceed with the development of the PUD subject to all other applicable permit requirements, codes, and policies. (Ord. 2021-624 § 4; Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.120).

17.40.130 Amendment of approved final PUD.

Revisions or modifications to approved final PUD: Proposals to amend an approved final PUD shall be treated as a revision or modification pursuant to NMC 17.40.120(C). (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.130).

17.40.140 Expiration of a planned unit development permit.

A. Expiration.

1. The preliminary planned unit development permit automatically expires and is void if the applicant fails to apply for final planned unit development approval within five years of the approval date of the preliminary PUD unless the applicant has received an extension.

2. The final planned unit development automatically expires and is void if the applicant fails to file for a building permit or other necessary development permits within two years of the approval date of the final PUD unless the applicant has received an extension.

B. Extension.

1. The city may extend a preliminary planned unit development permit once for a period not to exceed one year if all required conditions and improvements have been diligently pursued and if the extension request is received no later than 30 days prior to the expiration of the permit.

2. The city may extend a final planned unit development permit once for a period not to exceed one year if all required conditions and improvements have been diligently pursued and if the extension request is received no later than 30 days prior to the expiration of the permit. (Ord. 2021-624 § 4; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2001-248 § 45; Ord. 2000-222 § 1. Formerly 18.40.140).

17.40.150 Merger with subdivision.

The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land. The procedures set forth in this title shall be followed concurrently with the standards of this chapter. (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.150).

17.40.160 Merger with residential condominium binding site plan review process.

The approval of a residential condominium binding site plan review process shall be required of all projects which involve or contemplate the division of land to be developed for residential condominiums pursuant to Chapter 64.34 RCW. The procedures set forth in Chapter 17.30 NMC shall be followed concurrently with the standards of this chapter. (Ord. 2021-624 § 4; Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.160).