Chapter 23.50


23.50.010    Planned unit development – Purpose.

23.50.020    Uses permitted.

23.50.030    Application procedure.

23.50.040    Consideration of reclassification to PUD and preliminary PUD plan.

23.50.050    Final PUD plan approval.

23.50.060    Standards and requirements.

23.50.070    Changes and modifications.

23.50.080    Effect of planned unit development approval.

23.50.010 Planned unit development – Purpose.

The purpose of a planned unit development is to provide opportunities to create a more desirable environment through the application of flexible design and development standards to tracts of land under common ownership or control. Planned unit development is intended to encourage the use of new and improved techniques and technology in community development and continued maintenance. It is intended to achieve economics in development and maintenance while providing privacy, usable open space, safe pedestrian and vehicular circulation, and compatible relationships between different uses. [Ord. 28-05 § 1.02].

23.50.020 Uses permitted.

A planned unit development district may be approved for any use or combination of uses listed in Chapters 23.14 through 23.30 RMC. The uses permitted in any specific PUD district shall be enumerated in the ordinance establishing such district. [Ord. 28-05 § 1.02].

23.50.030 Application procedure.

A. Preapplication. The applicant shall submit conceptual or preliminary plan material to the administrative official. The administrative official shall consult with the applicant, and as appropriate, other agencies, departments and/or neighborhood residents or organizations to determine general acceptability of the proposal submitted. The administrative official shall indicate to the applicant in writing the general acceptability of the proposal and shall outline recommended changes or modifications necessary to show compatibility with the ordinance codified hereafter.

B. Application. The applicant shall file a petition for reclassification to PUD and an application for preliminary PUD plan approval with the administrative official. The application shall be accompanied by the following:

1. Such fees as required by RMC 19.80.020;

2. A report from a title insurance company showing ownership of the property involved, an accurate legal description of the property involved, and a list of names and addresses of all owners of property within 300 feet, exclusive of street right-of-way, of the proposed PUD. In addition, the report shall include an accurate key map showing the property involved and delineating the property within 300 feet of the proposed PUD. Each parcel falling wholly or partly within the 300-foot distance shall be numbered to correspond with the ownership report;

3. At least 32 copies of each of all maps and drawings representing the preliminary plan and a completed SEPA checklist on forms provided by the city;

4. Notice of hearing shall be given in accordance with the requirements of RMC 23.70.200, with mailed notice sent to all owners of record within 300 feet, exclusive of street right-of-way, of the exterior boundaries of the proposed PUD pursuant to the title insurance company report required by subsection (B)(2) of this section. [Ord. 28-05 § 1.02].

23.50.040 Consideration of reclassification to PUD and preliminary PUD plan.

A. Upon receipt of an application for reclassification to PUD and preliminary PUD plan approval, the administrative official shall publish a notice of hearing in a manner consistent with the requirements of Chapter 19.40 RMC and schedule the application for consideration by the hearing examiner. The preliminary PUD plan shall indicate:

1. Relationship of the property to the surrounding area, including identification of nearby uses and peripheral treatment of the PUD to maximize compatibility and integration of the PUD with nearby existing or proposed uses;

2. Proposed land uses and approximate building locations or buildable areas;

3. Location, arrangement and width of proposed streets and pedestrian ways, and the design and arrangement of off-street parking areas, loading areas and recreation vehicle storage areas;

4. Location, layout and conceptual design of parks, playgrounds and open spaces;

5. Location and extent of trees, watercourses, rock outcrops and any other features, indicating any significant features to be removed, improved or preserved;

6. Topography at a minimum five-foot contour interval;

7. Building heights and setbacks from property lines;

8. Preliminary architectural plans and elevations of typical buildings and structures, except single-family detached dwellings;

9. Landscape plans for open space, parks, recreation facilities, streets, parking facilities and pedestrian ways;

10. Proposed ownership pattern, including preliminary subdivision plan if property is to be subdivided;

11. The proposed method of maintaining common facilities;

12. Proposed source of water supply, electric supply, sewage disposal, and storm drainage systems;

13. General timetable of development, including a phasing schedule if the project will be developed in phases; or

14. For PUDs containing residential uses, graphic and, where necessary, written description of proposed nonresidential uses and facilities. In addition, a table shall be provided showing the total site acreage, total number of dwelling units proposed, and the dwelling unit density of adjacent subdivisions.

B. The hearing examiner shall conduct an open record public hearing and review of the request for reclassification to PUD and preliminary PUD plan approval as required by RMC Title 19 for Type IIIA permit application. The hearing examiner, after public hearing, shall recommend to the city council that the application be granted (with or without additional conditions) or denied. Such recommendation shall be based on the hearing examiner’s determination of whether:

1. The PUD district development will be compatible with nearby developments and uses;

2. Peripheral treatment ensures proper transition between PUD uses and nearby external uses and developments;

3. The development will be consistent with the comprehensive plan and with the purpose of the PUD district;

4. The development can be completed within a reasonable period of time.

C. The hearing examiner’s recommendation shall include findings of fact with due consideration to all issues raised, pro and con, and the reasons for the hearing examiner’s action referring expressly to the maps and other documents constituting the proposed plan and program, and matters of record. Such recommendation together with findings, maps, staff recommendation and related documents shall be submitted to the city clerk. Where the hearing examiner has recommended approval, the city attorney shall prepare an ordinance for council consideration at the same meeting at which the council considers the recommendation of the hearing examiner. Such ordinance shall provide for the designation of the subject property as a planned unit development district for uses enumerated on the plan, subject to the proposal and additional special conditions, if any, recommended by the hearing examiner. The council may adopt, adopt with modifications or deny the application for reclassification to PUD and preliminary PUD plan approval.

D. Preliminary planned unit development approval shall be effective for one year from date of the second reading of the ordinance conditionally approving the preliminary planned unit development plan. The ordinance authorizing the planned unit development shall only confer development rights upon the applicant or his successor in interest upon submission and approval of a final development plan which shall be in substantial conformity with the preliminary planned unit development plan and must be submitted within one year of passage of the ordinance granting preliminary planned unit development. The petitioner shall submit to the administrative official for review within the provided time limit its final development plan as provided in the final approval section. The administrative official shall thereupon approve or disapprove the final development plan; provided, that such final plan shall only be disapproved if it fails to conform substantially to the plan approved by the city council, or if the final plan conflicts with RMC 23.50.070 (Changes and modifications). In the event such proposed plan is disapproved, the petitioner may, at his election, resubmit a modified final plan to the administrative official or stand upon his proposed final plan and appeal such ruling to the hearing examiner. If the hearing examiner disapproves the final development plan, that decision shall be final. [Ord. 28-05 § 1.02; amended during 2011 recodification; Ord. 24-14 § 1.01; Ord. 23-20 § 2].

23.50.050 Final PUD plan approval.

A. After receiving approval of the reclassification to PUD and preliminary PUD plan, the applicant shall prepare a detailed final PUD plan for all or a phase of the development. The detailed final PUD plan shall contain the following information unless specifically waived by the administrative official:

1. A detailed site plan in conformance with the approved preliminary development plan showing land uses and vehicular and pedestrian circulation;

2. Boundary survey of the entire property or the development phase;

3. Width of all streets and pedestrian ways;

4. Location and height of all buildings, indicating either the dimensions or the limits within which the building will be constructed, whichever is required by the council;

5. Preliminary engineering plans for water, sewer, storm drainage, grading, power, telephone and gas showing how each structure and use will be served;

6. Landscape plans for open space, parks, recreation facilities, streets, parking facilities and pedestrian ways;

7. Location, arrangement and dimensions of parking facilities and loading areas;

8. Preliminary architectural plans and elevations of typical buildings and structures, except single-family detached dwellings;

9. Drafts of appropriate restrictive covenants and drafts of documents providing for the maintenance and preservation of any common open space;

10. If land is to be deeded or dedicated to a public agency for ownership and maintenance, a letter or other indication of willingness on the part of the agency to accept the land.

B. Approval of the final PUD plan shall be in accordance with RMC 23.50.040(D).

C. No building permits shall be issued until final approval has been granted. [Ord. 28-05 § 1.02].

23.50.060 Standards and requirements.

The following standards and requirements shall apply. The city council may, on its own initiative or upon recommendation from the hearing examiner, establish additional requirements when necessary to secure the objectives of the ordinance codified in this chapter. Such additional requirements shall be in the form of special conditions established in the ordinance creating the PUD district.

A. For PUDs containing residential uses, the number of allowable units shall be as established on the approved development plan. Dwelling unit density shall be a net density, calculated by subtracting building and parking areas for nonresidential uses and public or private street right-of-way or easements.

B. Minimum lot area, lot dimension, building height, lot coverage, and yard requirements shall be as established on the approved development plan; provided, that development plans and conditions must clearly demonstrate, where the proposed PUD is adjacent to existing or proposed residential uses, whether separated by a street or not, that the PUD development will be in harmony with nearby residential uses.

C. Performance standards for the various uses within a PUD shall conform with standards established in the Richland Municipal Code. [Ord. 28-05 § 1.02; Ord. 24-14 § 1.01].

23.50.070 Changes and modifications.

A. The administrative official may approve changes to a planned unit development which, in his/her judgment, are minor changes and are consistent with the approved plan. A minor modification to a planned unit development shall be any change from the previously approved plan that meets the following criteria:

1. No increase in the number of principal structures provided for in the approved plan, excluding detached single-family residential structures; and

2. No increase in the number of total dwelling units; and

3. No change in land use types to uses that were not contemplated in the approved plan; and

4. No change in the location provided in the approved plan of any structure, off-street parking or loading area, common open space area, or any area or right-of-way to be conveyed to or reserved for a public body by more than 10 percent in any direction, nor a change in the spacing between any two such structures by more than 10 percent; and

5. No change of more than 10 percent in any nonlocational quantitative specification of the previously approved plan, including:

a. Any dimension of any lot, yard, structure, or pedestrian or vehicular thoroughfare;

b. Decrease in amount of common open space acreage;

c. Utility line capacity, except an increase in utility line capacity to provide for other off-site development projects;

d. Amount of floor area of nonresidential development;

e. Any increase in building lot coverage;

f. Any decrease in the amount of land to be conveyed to or reserved for any public body; and

g. Decrease in amount or dimensions of proposed tree or ground cover, landscaping, or screening; and

6. No increase in building height; and

7. No substantial change in access into the site or in circulation patterns on or adjacent to the site; and

8. No other change that causes the development to fall short of meeting the requirements of the otherwise applicable zoning regulations to any greater degree than already provided on the previously approved plan; and

9. The administrative official may include conditions as a part of an approval of a minor modification to a PUD to ensure conformance with the original purpose and intent of the PUD; and

10. If a change to a condition of approval or a change similar to subsections (A)(1) through (8) of this section could have a significant detrimental impact on adjoining properties, the administrative official shall have discretion in determining that such detrimental impacts warrant review under a major modification process.

B. Any approval of a minor modification to a PUD requires a notice of decision to be mailed to all property owners within the PUD and within 300 feet of the exterior boundaries of the PUD. Such notice shall describe the proposed modifications to the PUD and shall advise the public that the administrative decision may be appealed within 10 business days of the date that such notice is mailed. Appeals of any minor modification to a PUD shall be heard by the hearing examiner in an open record public hearing, in accordance with the provisions established in RMC Title 19, Development Regulation Administration. For the purposes of this section, any individual filing an appeal shall be considered a party of record.

C. A major modification to a PUD shall be any modification that does not qualify as a minor modification. A major amendment shall be considered as a new application for preliminary approval. [Ord. 28-05 § 1.02; Ord. 01-12 § 1; Ord. 24-14 § 1.01].

23.50.080 Effect of planned unit development approval.

Preliminary planned unit development approval shall constitute a zone change of the subject property from the former zoning designation to a planned unit development zone. In the event that the application is for a phased planned unit development, commencement of development of any phase of the approved preliminary planned unit development as a result of final approval of a single phase shall thereafter require that the remaining phases approved in preliminary form be developed in conformance with such preliminary planned unit development plan, unless the zoning of the undeveloped phase or phases is changed pursuant to RMC 23.70.180. [Ord. 28-05 § 1.02].