Chapter 18.26


18.26.010    Purpose and intent.

18.26.020    Districts – Where permitted.

18.26.030    Minimum requirements.

18.26.040    PMUD required.

18.26.050    PMUD prohibited.

18.26.060    Permitted uses.

18.26.070    Prohibited uses.

18.26.080    Relationship of design to adjacent areas.

18.26.090    Property development standards.

18.26.100    Approval.

18.26.010 Purpose and intent.

The purpose and intent of this chapter is to encourage mixed site and building design and compatible, symbiotic use through greater flexibility in the utilization of land in planned group developments while ensuring substantial compliance with the goals and policies of the Sumner comprehensive plan. In exchange for the enhanced flexibility offered by the planned mixed-use development, the city requires that the proposed development result in a significantly higher quality of design, generate more of a public benefit, and be more environmentally sensitive than would have been the case with the use of standard zoning procedures. Furthermore, it is the purpose of this chapter to:

A. Promote the sensitive treatment of significant features of the natural environment, including vegetation, waterways and views and viewsheds;

B. Create and maintain usable open spaces for the enjoyment of occupants, employees and/or patrons;

C. Encourage a variety of mixture of harmoniously related building types including mixed-use structures, and ground-related residential, that may be stand-alone multifamily residential such as live/work units, townhouses, and cottages;

D. Encourage maximum efficiency in the layout of streets, use of “complete streets” that incorporate pedestrian, bicycling, and transit options, utility networks and other improvements;

E. Promote green, sustainable, and environmentally friendly development through the use of innovative building design (e.g., LEED certified), energy and water conservation, and low impact development, reuse of historic structures; and

F. Provide for buffers between potentially incompatible uses. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 1694 § 1, 1995)

18.26.020 Districts – Where permitted.

Planned mixed-use developments (PMUD) may be permitted in the following districts:

A. NC, neighborhood commercial district;

B. CBD, central business district;

C. GC, general commercial district. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 2319 § 8, 2010: Ord. 1739 § 22, 1996: Ord. 1694 § 1, 1995)

18.26.030 Minimum requirements.

In order to qualify for consideration as a PMUD the following minimum requirements shall be met:

A. Siting Requirements.

1. Lot Configuration. The tract(s) of land for which the project is proposed shall be a common site with sufficient width and depth to accommodate the proposed use.

2. Ownership/Control. All land included within the PMUD shall be owned by or be under the complete control of the applicant for such proposal, whether the applicant be an individual, partnership, corporation, group, or agency.

3. Proximity to Multimodal Transportation. At least 25 percent of the PMUD area shall be located a maximum of one-quarter mile from a street or freeway providing multimodal transportation within or through the city of Sumner. The proposed development shall provide vehicular, transit, bicycle or pedestrian access to the corridor.

4. Proximity to Public Street System. The site of the proposed development shall abut one or more public streets having a current functional street classification of principal arterial, minor arterial, or collector, as designated by the Sumner transportation plan.

B. Project Requirements.

1. Development Type. The development proposal must constitute a mixed-use development. For purposes of this chapter, a mixed-use development is a single unified development that incorporates the planned integration of commercial and residential land uses consisting of some combination of office, hotel, retail, public entertainment and public uses, and housing. Mixed-use projects may be vertically oriented in one or more buildings, or geographically distributed on a development site.

2. Consistency with the intent and purpose of the PMUD regulations as provided in SMC 18.26.010.

3. Consistency with Sumner Municipal Code. The proposed development shall be consistent with all other requirements of the Sumner Municipal Code.

4. Consistency with Comprehensive Plan. Applicant must demonstrate that the proposed development is consistent with the goals, objectives, and policies of the comprehensive plan. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010)

18.26.040 PMUD required.

Planned mixed-use developments are required where indicated on the zoning map. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010)

18.26.050 PMUD prohibited.

A planned mixed-use development shall be prohibited in the mixed-use development (MUD) district. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010)

18.26.060 Permitted uses.

A. The permitted uses in a planned mixed-use development shall be the same as those allowed in the underlying zoning district.

B. In the case where the PMUD application is accompanied by a request for rezone, the permitted uses in the proposed PMUD shall be the same as those allowed under the new zoning designation if the request for rezoning is approved. Conditional uses within the applicable underlying zoning district may be authorized through the PMUD approval process.

C. Where the PMUD is adjacent to lands used for long-term commercial agricultural production, measures shall be taken to minimize impacts between urban and rural uses such as building setbacks, buffer areas, screening, fencing, and landscape requirements. See SMC 18.26.080(D) for specific examples. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 2319 § 9, 2010; Ord. 2147 § 12, 2005: Ord. 1694 § 1, 1995. Formerly 18.26.030)

18.26.070 Prohibited uses.

Any use not listed under the permitted principal or accessory uses is prohibited in a planned mixed-use development unless authorized in chapter 18.36 or 18.46 SMC. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 1694 § 1, 1995. Formerly 18.26.040)

18.26.080 Relationship of design to adjacent areas.

A. The design and layout of a planned mixed-use development shall take into account the relationship of the site to the surrounding area. The perimeter of the PMUD shall be designed to minimize any undesirable impact of the PMUD on properties adjacent.

B. Setbacks from the perimeter property line of the PMUD shall be as required by the underlying zoning or comparable to or compatible with those of existing development of the adjacent properties, or if adjacent properties are undeveloped, the type of development which may be permitted on such properties.

C. Where the industrial or commercial nature of adjacent uses would be incompatible with residential development due to noise, vibration, odor, light, glare, or other disturbance, reasonable effort shall be taken to minimize the impact. Mitigation may include, but not be limited to, the following:

1. Increased setback to a minimum of 50 feet and plant substantial landscaping of trees and shrubs to buffer noise, light, glare, etc.;

2. Construction of a wall, fence or earth berm a minimum of six feet in height between properties.

D. Where the agricultural and farming activity adjacent to residential and commercial uses would be incompatible due to dust, spraying, odor, or other disturbance, reasonable effort shall be taken to minimize the impact. Mitigation may include, but not be limited to, the following:

1. Placement of commercial or low density residential land uses adjacent to agricultural uses to minimize number of residents affected;

2. Increased building setback to a minimum of 100 feet and plant substantial landscaping of trees and shrubs to buffer noise, dust, etc.;

3. Construction of a wall, fence or earth berm a minimum of six feet in height between properties. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 2147 § 13, 2005: Ord. 1694 § 1, 1995. Formerly 18.26.050)

18.26.090 Property development standards.

A. Acreage Minimum. The minimum site for a planned mixed-use development shall be three acres.

B. Minimum Lot and Yard Requirements. The minimum lot size and yard requirement provisions of other sections of this title are waived within the planned mixed-use development. The number of dwelling units per acre and/or the maximum site coverage permitted in the underlying zone shall serve as the criteria to determine basic PMUD density.

C. Off-Street Parking. Off-street parking shall be provided in the PMUD in the same ratio for types of buildings and uses as required in chapter 18.42 SMC.

D. Density Standards.

1. In planned mixed-use developments which involve residential uses, the basic density in terms of dwelling units per net acre for the various zone districts are as provided in this title.

2. The hearing examiner may recommend and the city council may authorize a dwelling unit density in a PMUD of not more than 50 percent greater than that permitted by the underlying zone; provided, that the following criteria are met:

a. All residential units meet the design requirements for one or more of the following LEED or Built Green Certifications: LEED Homes; LEED Neighborhood; Built Green Single-Family Homes; Built Green Multifamily; or Built Green Community.

b. The project creates or rehabilitates a minimum 10 percent or two dwelling units, whichever is greater, of total proposed dwelling units that meet the definition of “senior housing” as provided in chapter 18.04 SMC.

c. In the case of a required PMUD, the density bonus does not result in an increase of the overall allowed number of dwelling units per subsection (D)(3) of this section.

3. Where a PMUD is required residential uses shall occupy no more than 10 percent of the net developable area within the boundaries of the required PMUD area.

E. Open Space and Neighborhood Design. Each planned mixed-use development shall provide the following:

1. Not less than 10 percent of the gross site area shall be designated for community or site-user activity. Such activity space may be planned and designed for recreational use or involvement by employees, site visitors and/or the general public and may include common or community gardening space. The open space shall be in addition to parking and storage areas.

2. The project design provides for well defined neighborhood gateways and entrances.

F. Design Standards. Sumner design and development guidelines shall apply according to the district and/or use. In addition, design and development standards shall reflect the context and character of adjacent land uses such as industrial or agricultural depending on the specific neighborhood.

G. Green and Sustainable Development. The PMUD shall incorporate the following criteria related to green and sustainable design and development:

1. Project design incorporates one or more water conservation and management features not otherwise required by other city development regulations or standards (i.e., low flow toilets, Energy Star rated appliances, drip irrigation system, etc.).

2. Project design incorporates the use of one or more of the following low impact development (LID) techniques consistent with city design and construction standards: bio-retention, soil amendment, permeable paving, vegetated roofs, minimal excavation foundations, rooftop rainwater collection.

3. At least 10 percent of the gross floor area for nonresidential structures meets the design requirements for one or more of the following LEED Certifications: LEED Core and Shell; LEED New Construction; LEED Commercial Interiors; LEED Retail; and obtains at least a Silver Certification.

H. Transportation and Multimodal Design. The PMUD shall incorporate and encourage multimodal transportation options as follows:

1. Demonstrates coordination with local and regional transit agencies and when feasible includes new transit facilities and features, but at a minimum design does not preclude transit access and future transit service.

2. The PMUD improves adjacent public streets using a “complete streets” design to provide accommodation for pedestrians, bicyclists, transit riders, and persons of all abilities.

3. Includes one or more transportation demand management features including but not limited to preferential parking for high occupancy vehicles, improved access for transit vehicles, etc. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 2147 § 14, 2005: Ord. 1694 § 1, 1995. Formerly 18.26.060)

18.26.100 Approval.

The application processing procedures and time limits for a PMUD shall be as follows:

A. Documents.

1. Vicinity map showing the location of the site and its relationship to surrounding areas, including the land use and zoning of both the site and the surrounding areas;

2. A map of the site drawn to a scale of not less than one inch representing 100 feet showing the following:

a. Existing site conditions including watercourses, floodplains and unique natural features,

b. The location and floor area size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures, including commercial facilities, if any,

c. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, and similar public or semipublic uses,

d. The existing and proposed circulation system of streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way,

e. The existing and proposed pedestrian circulation system,

f. The existing and proposed utility systems, including sanitary sewers, storm sewers, water, electric, gas and telephone,

g. The proposed treatment of the perimeter of the PMUD, including materials and techniques used such as screens, fences and walls;

3. In addition to the graphic illustrations listed in subsections (A)(1) and (2) of this section, the applicant shall submit a written statement providing the following information:

a. Justification for the density bonus, if requested by the applicant,

b. Program for development including staging or timing of development,

c. Proposed ownership pattern upon completion of the project,

d. Basic content of any restrictive covenants,

e. Provisions to assure permanence and maintenance of common open space through a homeowners’ association or similar association, condominium development or other means acceptable to the city;

4. An application for rezone may be submitted with the PMUD application if rezoning is necessary for proposed density. Fees for rezone request shall be in addition to those of the PMUD application;

5. An application for preliminary plat may be submitted with the PMUD application, if necessary. Fees for the subdivision shall be in addition to those of the PMUD application.

B. Filing of Application. Application for approval of the PMUD shall be made on forms prescribed by the department of community development and which shall be accompanied by a filing fee as required.

C. Design Commission Recommendation. The design commission shall review the PMUD for compliance with the applicable design and development guidelines and the intent and purpose of the PMUD as described in SMC 18.26.010 and make recommendation to the director pursuant to chapter 18.40 SMC and Type VI.b land use decision as described in chapter 18.56 SMC.

D. Hearing Examiner Public Hearing. The hearing examiner shall hold at least one public hearing on the proposed PMUD.

E. Hearing Examiner Recommendation. Following the public hearing, the hearing examiner shall make a report of his/her findings and recommendations with respect to the proposed PMUD, and shall forward the report to the city council.

F. City Council Public Hearing. After receipt of the hearing examiner’s report of his/her findings and recommendations, the city council shall hold a public hearing on the proposed PMUD as recommended by the hearing examiner. The city council shall give approval, approval with modifications or disapproval to the proposed PMUD.

G. Time Limits. The PMUD approved by the city council, as provided in subsection F of this section, shall be valid for a period of up to seven years. At the end of this seven-year period, development permits must be issued for all phases of the PMUD. An extension of time may be requested by the applicant. A single extension may be granted by the hearing examiner for a period of not more than three more additional years; or, alternatively, when substantial infrastructure investment has been made, the applicant may request a development agreement for an extension greater than three years.

H. Modifications of PMUD Plan. Requests for modifications of a PMUD shall be made in writing and shall be submitted to the community development director in the manner and form prescribed by the community development director. The determination of whether a proposed modification is minor or major shall be made at the sole discretion of the community development director; provided, the criteria stated in subsections (H)(1) and (2) of this section are met. The criteria for determining minor and major modifications in all other cases shall be as stated in subsections (H)(1) and (2) of this section. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed modification.

1. Minor Modifications. Modifications are deemed minor if all the following criteria are satisfied:

a. A change in land use is proposed on not more than 10 percent of the net developable area of the PMUD;

b. No increase in density, number of dwelling units, or lots is proposed;

c. No change in the general location or number of access points is proposed;

d. No reduction in the amount of open space is proposed;

e. No reduction in the amount of parking is proposed;

f. The total square footage of structures to be developed does not increase by more than 10 percent; and

g. Any increase in general height of structures does not exceed the maximum height as allowed in the zoning code.

Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings.

2. Major Modifications. Major adjustments are those which, as determined by the community development director, substantially change the basic design, density, open space, or other similar requirements or provisions. Major adjustments to the development plans shall be reviewed by the design commission and hearing examiner. The hearing examiner may review such adjustments at a regular public hearing. The hearing examiner shall issue a written decision to approve, deny, or modify the request. Such a decision shall be final. Any appeals of this decision shall be in accordance with SMC 18.56.180. (Ord. 2531 § 9 (part), 2015: Ord. 2343 § 2 (part), 2010: Ord. 1694 § 1, 1995. Formerly 18.26.070)