Chapter 18.36
PUD PLANNED UNIT DEVELOPMENT OVERLAY

Sections:

18.36.010    Intent.

18.36.020    Overlay zone.

18.36.030    Procedure for initiation – Application – Fee.

18.36.040    Application – Supporting documentation.

18.36.050    Public hearing – Criteria for decision.

18.36.060    Appeal.

18.36.070    Standards – Bond.

18.36.080    Exemption from zoning requirements.

18.36.090    Exemption from subdivision requirements.

18.36.010 Intent.

A.    The intent of the planned unit development (PUD) overlay zoning district is to encourage new development not limited by the strict application of this title. The hearing examiner may approve, disapprove or modify the proposal submitted by an applicant.

B.    More specifically, it is the purpose of this chapter to:

1.    Encourage flexibility in design and development that will result in a more efficient and desirable use of land;

2.    Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off-street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size or shape;

3.    Provide for maximum efficiency in layout of streets, utility networks, and other public improvements;

4.    Produce an integrated or balanced development of mutually supportive uses that might otherwise be inharmonious or incongruous; and

5.    Provide a guide for developers and city officials who review and approve developments meeting the standards and purposes of this chapter.

(Ord. O2000-004, Amended, 07/18/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.36.020 Overlay zone.

Planned unit development, approved in accordance with the procedures of this chapter, shall be an overlay zone and the uses are limited to those which are allowed in the underlying zone district. Planned unit developments shall be required where this overlay zone appears on the Tumwater zoning map. Planned unit developments also are permitted in all zoning districts except residential/sensitive resource (RSR), historic commercial (HC), and airport related industry (ARI). The approval of a planned unit development shall modify and supersede the regulations of the underlying zone district, except in the case of allowable uses.

(Ord. O96-022, Amended, 12/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.36.030 Procedure for initiation – Application – Fee.

Planned unit development projects may be initiated by any owner or group of owners of property acting jointly, or as a developer authorized to act as agent for an owner or group of owners. Such application shall be made on the forms provided by the community development department, together with a filing fee as established by resolution of the city council, no part of which is refundable.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-004, Amended, 07/18/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 1147, Amended, 12/15/1987; Ord. 883, Added, 05/06/1984)

18.36.040 Application – Supporting documentation.

An application for a planned unit development shall be accompanied by the following:

(Note: See TMC Chapter 15.44 for complete information on vesting of development rights.)

A.    A vicinity sketch showing location of the site and its relationship to surrounding areas, including existing streets, driveways, major physiographic features such as railroads, lakes, streams, shorelines, schools, parks and other prominent features;

B.    A map or maps of the site at a scale not smaller than one hundred feet to the inch, showing at least, but not limited to, the following items:

1.    Site boundaries,

2.    Streets bounding or abutting the site,

3.    Proposed buildings, including dimensions, identification of types, and the number of dwelling units in each residential type,

4.    Location and dimension of all common open space,

5.    Location, dimension and design of off-street parking facilities showing points of ingress to and egress from the site,

6.    Existing buildings and indication of future use or disposition,

7.    Landscaping plans, and

8.    Proposed land use and densities;

C.    A written statement for development setting out detailed information concerning the following subjects as they may be involved in the development, including, but not limited to, the following items:

1.    Proposed ownership method,

2.    Proposed operation and maintenance of the development and landscaping,

3.    General timetable for development,

4.    Provisions to assure permanence and maintenance of common open space through homes association formation, condominium development, or other means acceptable to the city.

(Amended during 2011 reformat; O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.36.050 Public hearing – Criteria for decision.

The application for a planned unit development shall be heard before the hearing examiner of the city at a duly published public meeting. The hearing examiner’s decision to approve or deny the development shall be based on at least, but not limited to, the following criteria:

A.    Substantial conformance to the Tumwater comprehensive plan;

B.    The proposal’s harmony with the surrounding area or its potential future use; and

C.    The adequacy of the size of the proposed overlay to accommodate the contemplated developments.

(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.36.060 Appeal.

The decision of the hearing examiner shall be final unless appealed to superior court in accordance with the provisions of TMC 2.58.150.

(Ord. O2014-018, Amended, 12/16/2014; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Added, 11/06/1990)

18.36.070 Standards – Bond.

A.    The developer shall bear the responsibility of creating a perimeter transition sufficient to protect the interests of the surrounding property owners, the neighborhood, and the city as a whole, in a manner and to a degree as specified by the hearing examiner.

B.    Planned unit development projects shall be complete developments and may be required to include facilities such as paved streets, curbs, sidewalks, street lights, drainage, open space, sanitary sewer, underground power and telephone lines, landscaping, screening, signs, and off-street parking in conformance with the requirements and allowances of the hearing examiner.

C.    The applicant shall furnish the city with a performance bond or other acceptable surety approved by the city attorney, guaranteeing installation of specified public improvements and landscaping.

(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)

18.36.080 Exemption from zoning requirements.

A planned unit development shall be exempt from the minimum zoning ordinance requirements, except as provided for below:

A.    Minimum Project Size. There is no minimum project size for a planned unit development.

B.    Project Densities. Densities established by the underlying zone district shall prevail.

C.    Setbacks. Project setbacks as required by the underlying zoning district shall prevail on all perimeter boundary lines.

D.    Land Coverage. Maximum land coverage as established by the underlying zone district may be exceeded by no more than twenty-five percent.

E.    Uses Allowed. The use of the development shall be limited to those allowed either as permitted, accessory, or conditional uses in the underlying zones.

F.    Open Space/Park. The open space/park dedication requirements of the underlying zoning district shall prevail.

G.    Design Review Guidelines. The design review guideline requirements shall prevail.

(Ord. O2019-007, Amended, 09/03/2019; Ord. O96-021, Amended, 12/02/1997; Ord. O96-022, Amended, 12/19/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)

18.36.090 Exemption from subdivision requirements.

A planned unit development shall be exempt from the platting and procedural requirements of the subdivision ordinance, except that when the planned unit development is a part of a larger ownership and is intended for individual ownership, sale or public dedication, or if any parcel of land within a planned unit development is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the subdivision ordinance and applicable state laws pertaining to the subdivision, and conveyance of land and the preparation of maps shall be followed.

(Ord. O98-009, Amended, 10/20/1998; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)