Chapter 20.32


20.32.010    Definition and purpose.

20.32.020    Initiation of PUD projects.

20.32.030    Preapplication conference.

20.32.040    Types of projects.

20.32.050    Minimum site area.

20.32.090    Permissive variations in development standards.

20.32.100    Standards for approval—Public benefit required.

20.32.110    Form and configuration in residential and mixed use.

20.32.130    Dedicated open space.

20.32.140    Form and contents of application.

20.32.150    PUD application—Procedure.

20.32.200    Adjustments of plans.

20.32.220    Expiration.

20.32.010 Definition and purpose.

A.    A planned unit development (PUD) is a special approach in land development applied to achieve the basic objectives of good zoning practices. The purposes of the PUD are:

1.    To promote creative and imaginative development, and avoid the often monotonous and potentially destructive characteristics of standard residential, commercial, and industrial developments;

2.    To encourage a variety of housing types, sizes, and densities;

3.    To better utilize small, odd-shaped, or topographically affected parcels that are difficult to develop;

4.    To accommodate changing market conditions and community desires;

5.    To encourage open space areas in residential, commercial, and industrial developments and provide a mechanism to ensure these areas are properly maintained;

6.    To provide a mechanism whereby the city can address special considerations regarding the manner in which development occurs;

7.    To provide opportunities for increased environmental protection; and

8.    To promote projects of significantly higher quality than would be achieved through conventional design, practice, and standards.

B.    The director of community and economic development is responsible for administering the PUD application process. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.020 Initiation of PUD projects.

Planned unit development projects may be initiated by:

A.    The owner of all the property involved, if under one ownership, or a governmental agency.

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 be more than one owner. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.030 Preapplication conference.

Before submitting an application for a planned unit development, an applicant is required to file a presubmission conference application with the community development department to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys, and other data. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.040 Types of projects.

PUDs may be residential, commercial, industrial, or mixed use. A mixed use PUD is one that contains a combination of compatible and mutually supportive land uses, designed as a cohesive community. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.050 Minimum site area.

The minimum area of a PUD shall be one acre. Developments greater than five acres in size may be developed in more than one phase. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.090 Permissive variations in development standards.

In order to promote the greatest amount of creativity and flexibility in a PUD, significant deviation from the development standards of the underlying zoning district(s) may be allowed.

A.    Height. Height of buildings may exceed the height limit of the zone in which the building is located by up to twenty percent; provided, that the applicant demonstrates the additional building height will not result in significant shading of properties and provided views from the surrounding properties are not substantially impaired by the additional height. To address increased visibility, the building’s architecture shall be enhanced to promote an attractive facade. Increased setbacks, and increased vegetation/screening may be required to better integrate the structure(s) into the PUD and achieve compatibility with surrounding developments.

B.    Land Coverage. Coverage of the site by buildings may exceed the maximum land coverage of the underlying zone by up to five percent when accompanied by additional recreational and open space amenities within the project, and supplemental low impact development (LID) practices are utilized to reduce and treat stormwater runoff.

C.    Number of Dwelling Units. PUD projects may include small-lot residential developments, and various forms of multiresidential development not permitted by the underlying zoning district regulations to increase the overall project density, when accompanied by additional recreational and open space amenities within the project.

D.    Setbacks within the PUD may be modified as necessary to accommodate increases in building lot coverage.

E.    Lot Size. The required minimum residential lot size may be reduced provided additional open space, play areas, community gardens, bicycle and pedestrian amenities or other features are provided within the development to compensate for the reduced private yard area provided to each unit/lot.

F.    Building Size. Deviations to the maximum building size are permitted for commercial and industrial buildings provided the project design addresses issues related to compatibility with neighboring.

G.    Design Standards. Deviations from the adopted design standards for streets may be permitted when it can be demonstrated by the applicant that any proposed deviations would not result in diminished levels of service, reduce the total number of on-street guest parking to unacceptable levels, hinder the provision of effective bus pullouts and mail carrier access, or degrade pedestrian and/or bicycle access and mobility. Deviations that would result in reduced stormwater generation and improved stormwater treatment are encouraged. The city may consider development of privately maintained residential streets, on a case-by-case basis.

H.    Land Uses. Uses in mixed use PUDs may vary from those allowed in the underlying zoning; provided, that the PUD project design establishes a cohesive community of mutually supportive and compatible uses. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.100 Standards for approval—Public benefit required.

A.    All PUD projects shall demonstrate that they support and further the policies of the Shelton Comprehensive Plan; are consistent with the development regulations not proposed for modification by the PUD; ensure that land areas and buildings around the perimeter of the project are not detrimental to surrounding land uses; and orient commercial and industrial uses and their automobile circulation and parking away from adjoining residential districts, with the exception of neighborhood commercial areas.

B.    All PUD projects shall also demonstrate that there is a general public benefit to be gained from approval of the PUD, as follows:

1.    Additional or better-related open spaces, such as yard areas between the buildings within the project, or yard areas between the project buildings and adjoining properties and buildings, or a design or development of open spaces that creates a desirable and useful environment between buildings; or

2.    Additional public use facilities, such as but not limited to pedestrian walks providing a service and convenience to the vicinity, streets and/or trails improving local circulation or public access to a lake or stream; or

3.    Preservation of natural assets, such as historic landmarks, migration routes, wetlands, fish or animal habitats, geographical features, specimen trees, groves of woods, a lake, bay or stream or a view; or

4.    Better or more convenient services or recreational facilities, such as parks and playgrounds convenient and desirable to the vicinity and the project, improvement in public utilities, bicycle and pedestrian facilities throughout the development and connected to other developments, or enhanced convenient access to public transit; or

5.    Other general public benefit features which contribute to improving the environment and ecology of the vicinity; or

6.    A significantly higher quality development than following traditional development practices would allow, including more efficient use of land, energy, and resources, a more unified design concept, and a more carefully planned, considered, and livable community. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.110 Form and configuration in residential and mixed use.

A.    Residential PUDs and residential components of mixed use PUDs may utilize the following techniques and incorporate the following uses:

1.    Four-unit dwelling clusters with party walls;

2.    Town houses or patio homes with party walls;

3.    Double-row houses with party side and rear walls;

4.    Condominium ownership in multifamily buildings;

5.    Varied lot size divisions;

6.    Establishment of greenbelts, parks or other open area, or community buildings or recreation facilities;

7.    Zero-lot line developments;

8.    Single room occupancy (SRO) residential development as defined in Section 18.02.110;

9.    Multifamily project developments (i.e., apartment buildings/complexes);

10.    Neighborhood commercial uses as defined in SMC 20.44.290. (Ord. 1949-0220 § 2, 2020: Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.130 Dedicated open space.

In residential PUDs there shall be a minimum of twenty-five percent of the net residential area of the PUD dedicated or reserved as usable “dedicated open space,” at least one-half of which must be developed for passive or active recreational purposes with such amenities as walking and biking trails, outdoor recreational fields, vegetable/flower gardens, horse corrals and stables, nature trails, picnic areas, golf courses or tennis courts. The remaining one-half of the open space shall include buffers and screening easements. An additional fifteen percent of the net residential acreage shall not be covered by impervious surfaces. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.140 Form and contents of application.

A.    PUD applications shall be signed by the property owner or authorized representative and shall include:

1.    An overall survey of the property by a land surveyor licensed by the state of Washington, and corner stakes shall be physically installed;

2.    An accurate map drawn to a scale of not less than one hundred feet to the inch, showing the site boundaries, names and dimensions of all streets bounding or within two hundred feet of the site;

3.    Proposed lot boundaries within the site, proposed uses thereupon, and proposed ownership patterns;

4.    The proposed location and horizontal and vertical dimensions of all commercial and multiresidential buildings and structures to be located on the site;

5.    For each use and structure requiring design review pursuant to Chapter 20.64, typical elevation drawings showing general design;

6.    Proposed location and dimensions of common open space;

7.    Conceptual landscaping plan;

8.    Proposed public dedications;

9.    Proposed circulation plan, vehicular and pedestrian, including locations and dimensions of all streets, avenues, courts, and trails;

10.    Location, dimensions, and design of off-street parking facilities showing points of ingress to and egress from the site;

11.    The location, direction, and bearing of any major physiographic features such as railroads, drainage systems, shorelines, etc.;

12.    Existing topographic contours at intervals of not more than five feet together with proposed grading, drainage and landscaping;

13.    Conceptual utility plan, including water, sewer, storm drainage and lighting;

14.    Proposed phasing of project including proposed time frames;

15.    SEPA checklist (if required);

16.    Any additional studies necessary to evaluate the adequacy of critical area protections in accordance with Title 21. This may include but is not limited to: geologic/topographic surveys, wetland survey/reports, other critical area studies, buffer area revegetation/re-establishment plans, and flood elevation determinations;

17.    A mailing list of the names and addresses of all property owners of record within three hundred feet of any property lines of the subject property.

B.    The city may further request the applicant provide additional materials, reports, studies or plans not included in this section to review an application for preliminary planned unit development.

C.    A written statement shall be provided describing the general purposes of the project and explaining all features pertaining to uses and other pertinent matters not readily identifiable in map form. This text shall include the following information:

1.    Program for development including estimated staging or timing of development, including build-out data;

2.    Proposed ownership pattern upon completion of development;

3.    Basic contents of restrictive covenants;

4.    Provisions to assure permanence and maintenance of dedicated open space through homeowners’ association formation, condominium development or other means acceptable to the city;

5.    Statement or tabulation of dwelling unit densities proposed;

6.    Statement describing how the proposed PUD complies with the Shelton comprehensive plan, provides a public benefit, and is consistent with all development regulations not proposed for modification. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.150 PUD application—Procedure.

A.    A PUD project shall be initiated by the submission of a PUD application and all required materials to the planning department by the owner of the land, or by all the owners if there is more than one, to contain the elements indicated in Section 20.32.140. The planning director, upon receipt of an application, shall make an investigation of the matters involved in the proposal and prepare, in advance of the public hearing, an administrative report which shall set forth an analysis and recommendation in accordance with the criteria in this section.

B.    Following the director’s review and finding that the preliminary proposal meets the minimum defined standards, public notice shall be provided as required by state law and a public hearing before the hearings examiner shall be scheduled. After the public hearing, the hearings examiner may approve, disapprove, or approve with conditions the PUD. The decision shall be a final land use decision. A public hearing on a PUD application may be consolidated with a public hearing on an application for preliminary plat approval.

C.    If the land use in a mixed use PUD varies from the underlying zoning, the hearing examiner’s decision shall constitute a recommendation, which shall be forwarded to the city council for a final decision. In such cases, the hearing examiner decision on all matters other than the variation from the underlying zoning shall be a final land use decision.

D.    The approved PUD map shall be recorded with the Mason County auditor.

E.    Conditions of approval for the PUD are binding covenants that run with the land and must be reflected in all subsequent land use approvals within the PUD for the life of the project. (Ord. 1921-0518 (part), 2018; Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.200 Adjustments of plans.

A.    No changes may be made in an approved PUD except under the procedures provided below:

1.    Minor Amendments. This includes changes in the location, siting, and height of buildings and structures, changes to the project phasing that do not affect the concurrency of infrastructure serving the project, or changes required by engineering or other circumstances not foreseen at the time the PUD was approved but do not affect the basic underlying assumptions of the approved PUD. A minor amendment may be authorized by the planning director.

2.    Major Amendments. This would include:

a.    Added project intensity, including increases in the square footage of nonresidential uses, the total number of residential units, etc.;

b.    Changes in use;

c.    The rearrangement of blocks and building tracts;

d.    Changes in the provision of or improvements to proposed open space;

e.    A request by the applicant to alter critical areas, natural features, open space areas, and cultural resource areas beyond the scope of the approved PUD in a manner that would adversely impact critical area functions and values.

All major amendments to the approved PUD must be made under the procedures authorized in Section 20.32.150. New fees will be required per this chapter. No amendments may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the PUD was approved.

B.    Any changes which are approved must be recorded as amendments to the recorded copy of the PUD.

C.    No changes approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures, and improvements within the area of the PUD, and all rights permitted by this section are expressly reserved. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)

20.32.220 Expiration.

A.    PUD approval shall expire under the following conditions:

1.    Upon the abandonment of a project authorized under this chapter; or

2.    Seven years after approval, or a developer’s agreement with a different term or expiration, unless an extension has been granted or the related subdivisions or other approvals related to the PUD have not expired. (Ord. 1848-0614 § 2 (part), 2014: Ord. 1713-1207 § 4 (part), 2007: Ord. 1462-1296 § 2 (part), 1996)