Chapter 18.32


18.32.010  Purpose.

18.32.020  Project initiation.

18.32.030  Project approval procedure.

18.32.040  Consolidation.

18.32.050  Expiration.

18.32.060  Application--Form and contents.

18.32.070  Permitted location.

18.32.080  Minimum site area.

18.32.090  Permitted uses.

18.32.100  Permitted variations in zone requirements.

18.32.110  Minor adjustments.

18.32.120  Spacing of buildings.

18.32.130  Net development factor.

18.32.140  Permitted number of dwelling units.

18.32.150  Base units per acre.

18.32.160  Bonus units per acre.

18.32.170  Common open space.

18.32.180  Street design flexibility.

18.32.010 Purpose.

Wherein the zoning map establishes only zone boundaries and the text of the ordinance codified in this title establishes the permitted use of land in the various zones and the conditions applicable to such use, and wherein all the provisions, conditions and requirements set forth in this title are, in general, designed to apply to individual lots and minimum parcel areas, a planned unit development, as the term is employed in this title, has the following purposes:

A.  To produce a development which would be as good or better than traditional lot by lot development, on either consolidated lots or unsubdivided property;

B.  To correlate comprehensively the provisions of this title and other resolutions and codes of the town, to permit developments which will provide a desirable and stable environment in harmony with that of the surrounding area;

C.  To permit flexibility that will encourage a more creative approach in the development of land, and will result in a more efficient, aesthetic and desirable use of open space while, at the same time, harmonizing with adjoining development and maintaining population and area coverage which is consistent with public facilities and utilities available, and which do not adversely impact neighboring development;

D.  To permit flexibility in design, placement of buildings, use of open spaces, bicycle and pedestrian circulation facilities, off-street parking areas, and street alignment; and to best utilize the potentials of sites characterized by special features of geography, topography, size or shape.  (Ord. 108-B §9.01, 1980)

18.32.020 Project initiation.

Planned unit development projects may be initiated by:

A.  The owner of the property involved, if under one ownership; or

B.  An application filed jointly by all owners having title to all of the property in the site proposed for the planned unit development, if there is more than one owner.  (Ord. 108-B §9.02, 1980)

18.32.030 Project approval procedure.

The approval of a planned unit development in the following steps shall be by the town council upon recommendation of the planning commission subject to the provisions of RCW 35.63 and RCW 58.17.

A.  A preliminary site plan first shall be submitted to the planning commission.  Before recommending approval, the commission shall determine that the site plan complies with the development policies of the comprehensive plan, the zoning ordinance codified in this title, and the shoreline management master program when applicable.  The applicant shall be responsible for demonstrating consistency with these requirements at the time of application and at public hearings.  Upon concurrence by the town council, approval of a preliminary site plan or subsequent revisions shall be binding as to the general intent and apportionment of land for buildings, stipulated use and circulation pattern, but shall not be construed to render inflexible the ultimate design, specific uses or final plat of the project.

B.  The petitioner shall, within one year of the date of the preliminary site plan approval, submit a final site plan of the proposed development to the planning commission for recommendation to the town council; provided that, upon application of the petitioner, the commission may grant an extension for a maximum of six additional months.  If the final site plan is not filed within one year or within the extended time period, if any, the planned unit development shall become void.

C.  Preliminary site plans may program two or more divisions to be developed successively, provided that:

1.  Each division shall meet the design requirements of a planned unit development if considered individually; and

2.  The initial division shall contain at least twenty-five units; and

3.  Each succeeding division may be subject to then current standards.

D.  In planned unit developments having more than one division authorized pursuant to subsection C of this section, the second division shall be granted two years to satisfy final site plan requirements, following the completion of final site plan requirements of the first division.  This procedure may be repeated for as many two-year periods as there are divisions authorized by the approved preliminary site plan.  If the final site plan for any succeeding division is not filed within the authorized two-year period, preliminary site plan approval for that division and for all succeeding divisions shall become void.

E.  From the date of filing of a final site plan or revised finished site plan, the planning commission shall, within thirty days, notify the developer of any inadequacies which require correction or revision.  Within sixty days of that notification the developer shall fully correct those inadequacies.  This period may be extended sixty days upon the developer's request.

F.  A construction schedule may be required as part of the final development plan.  This schedule, when required, shall coordinate the development of common open space and common open space improvements and development, with the development of residential dwellings.

G.  The planned unit development final plan approval resulting from the application of the provisions of this section shall be made a part of the zoning map, identified thereon by appropriate reference to the detailed planned unit development site map and explanatory text either by number or by symbol and shall thereby constitute a limitation on the use and design of the site.  (Ord. 108-B §9.03, 1980)

18.32.040 Consolidation.

A.  When an applicant applies for a planned unit development, the preliminary site plan may be considered simultaneously with an application for any one or more of the following:  a preliminary plot, zone reclassification, road establishment or vacation.  In such case, the public hearing on the preliminary site plan shall serve as the hearing required for the preliminary plat, zone reclassification, road establishment and vacation and the town council shall make a single decision on the preliminary site plan and preliminary plat, zone reclassification, road establishment and vacation.

B.  The application for the consolidated planned unit development, plat, reclassification, road establishment and vacation proposal, the form and contents to be prescribed by the planning commission, shall contain all of the information required if each application were considered separately.

C.  A single consolidation notice of the consolidated public hearing shall clearly state that such hearing will consider the proposed preliminary site plan of the planned unit development, preliminary plat, reclassification, road establishment and road vacation.  Notice of the time, place and subject of such hearing shall satisfy the requirements for each of the approvals in RCW Chapters 35.63, 58.17, and 36.87 and shall be in a form prescribed by the planning commission.  (Ord. 108-B §9.04, 1980)

18.32.050 Expiration.

If the planned unit development project has not been completed within three years from the date of final site plan approval, the developer may apply for a two-year extension of the final site plan approval, subject to then current town standards, or the planned unit development authorization shall expire.  (Ord. 108-B §9.05, 1980)

18.32.060 Application--Form and contents.

A.  The planning commission shall prescribe the form on which applications are made for planned unit development projects and prescribe the type of information to be provided by the applicant.  No application shall be accepted unless it complies with such requirements and is verified as to the correctness of information given by the signature of the applicant attesting thereto.

B.  There shall be included as part of the application an accurate map drawn to a scale of not less than one hundred feet to the inch, showing the boundaries of the site, names and dimensions of all streets bounding or touching the site, the proposed location and height of all buildings and structures proposed to be located on the site; proposed location and dimensions of common open space, if any, within the site; proposed public dedications, if any, within the location and design of off-street parking facilities showing points of ingress to and egress from the site; the site; the location, direction and bearing of any major physiographic features such as railroads, drainage canals and shorelines; and existing topographic contours at intervals of not more than five feet together with proposed grading, drainage and landscaping.

C.  Explanatory text on the face of the site plan or attached thereto shall contain a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form.  Such explanatory text may specify uses permitted on the site, if any, or other necessary restrictions.  Such text, as approved by the town council, shall constitute a contractual limitation to those specific uses and development requirements.

D.  If the planned unit development contains any area that may require acquisition for public purposes such as opening and widening of streets and alleys, such features shall be indicated on the planned unit development site map.

E.  Planned unit development preliminary site plans and final development plans shall be prepared in consortium with, and signed by, a state registered or licensed landscape architect, architect, civil engineer, or land surveyor.

F.  Performance bonds may be required as necessary to assure compliance with bonus and required design features.  (Ord. 108-B §9.06, 1980)

18.32.070 Permitted location.

A.  Residential planned unit development projects may locate only in the R-10,000, R-7500 and R-5000 and mobile home park zones when processed and authorized as provided herein.

B.  Planned unit developments for other than residential uses may locate only in zones permitting the heaviest use proposed to be located on the premises.  (Ord. 108-B §9.07, 1980)

18.32.080 Minimum site area.

A planned unit development shall contain an area of not less than one acre.  (Ord. 108-B §9.08, 1980)

18.32.090 Permitted uses.

In a residential planned unit development, only the following uses are permitted:

A.  Dwellings:  one-family, two-family or multifamily;

B.  Accessory nonresidential uses, which are integrated into the project by design, may be specifically and selectively authorized.  Accessory retail uses are expressly prohibited;

C.  Recreational facilities including but not limited to:  tennis courts, swimming pools and playgrounds;

D.  Schools, libraries and community halls;

E.  Mobile homes and mobile home parks, subject to the provisions of Section 18.16.030.  The number of mobile homes permitted shall be determined in the same manner as provided for other dwelling units under this section of this title; provided, that these requirements shall not apply to mobile homes in non-PUD areas.  (Ord. 108-B §9.09, 1980)

18.32.100 Permitted variations in zone requirements.

Planned unit development preliminary site plan and final site plan approvals may modify the regulations, requirements, and standards of the zone in which the project is located.  In modifying such regulations, requirements and standards, the following limitations shall apply:

A.  Permitted Site Coverage.  The permitted coverage by buildings and structures shall not exceed the percentage of coverage permitted in the zone in which the project is located.

B.  Off-street Parking.  The total off-street parking facilities shall not be less than the sum of the required parking facilities for the various uses computed separately.

C.  Total permitted units:  as provided in Section 18.32.140.  (Ord. 108-B §9.10, 1980)

18.32.110 Minor adjustments.

In issuing building permits in connection with the construction of a planned unit development, the council may make minor adjustments involving the location or dimensions of buildings, provided such adjustments shall not increase the total amount of floor space authorized in the planned unit development, or the number of dwelling units, nor decrease the amount of parking or loading facilities, nor permit the buildings to locate closer to any boundary line, nor change any point of ingress or egress to the site.  (Ord. 108-B §9.11, 1980)

18.32.120 Spacing of buildings.

The requirements for spacing of setbacks and the buildings in a planned unit development, and the basis for permissive variations in those requirements shall be set forth in this section.

A.  Perimeter Setback Requirements.  Except when increased or decreased pursuant to subsection C of this section, the following perimeter setbacks shall apply:

1.  Structures less than thirty-five feet above average finished grade level shall be set back from the project perimeter consistent with the front yard requirements of the zone.

2.  Structures more than thirty-five feet above average finished grade level shall maintain a minimum distance from the project perimeter of forty feet.

B.  Interior Project Building Spacing.  Except when increased or decreased pursuant to subsection C of this section, the following interior building spacing shall be required:

1.  Planned unit development structures less than thirty-five feet above average finished grade level, shall be spaced within minimum thirty feet from other structures within the project.

2.  Planned unit development structures more than thirty-five feet above average finished grade shall be spaced a minimum forty feet from other buildings within the project.

C.  Permissive Variations in Perimeter Setback and Building Spacing Requirements.  Planned unit development preliminary plan approval and final plat approval may increase or decrease the requirements set forth in subsections A and B of this section.

In modifying these requirements, the following principles shall apply:

1.  Privacy.  Each development shall provide reasonable visual and acoustical privacy for dwelling units and surrounding properties.  Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of the property and the privacy of its occupants and surrounding properties, screening of objectionable view or uses, and reduction of noise.  Where windows are placed in only one of two facing walls or there are not windows, or where the builder provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing or setback requirements may be reduced.  Where the developer provides privacy by reducing traffic flow through street layout such as short cul-de-sacs, or by screening or planting, or by facing the structure toward or a pedestrian way or through the room layout, setback and building spacing requirements may be reduced.

2.  Light and Air.  Building spacing may be reduced where there are no windows or very small window areas and where rooms have adequate provisions for light and air.  Building spacing or setback requirements may be increased when light to neighboring structures or properties would otherwise be substantially reduced.

3.  Use.  Where areas between buildings are used as service yards, for storage of trash, clotheslines, or other utilitarian purposes, and where this use is similar for both structures, a reduction of building spacing which permits effective design of a utility space shall be permitted.  Kitchens and garages are suitable for rooms abutting such utility yards.

4.  Building Configuration.  Where building configuration is irregular so that the needs expressed in subsections (C)(1), (2) and (3) of this section are met by the building configuration, reduced minimum building spacing or setback requirement is permissible.

5.  Fire Safety Limitations.  In no instance shall spacing of buildings or permitted setback reductions violate fire requirements established by the county fire marshal and in no instance shall spacing of buildings violate the firewall, occupancy and area requirements of the International Fire Code, most recently adopted edition.

6.  Increased Requirements.  In those instances where the principles of light and air, use, and privacy set forth in this subsection would be contradicted by a proposed planned unit design, the minimum setback and building spacing requirements may be increased.  (Ord. 452 §23, 2006;  Ord. 108-B §9.12, 1980)

18.32.130 Net development factor.

A.  The net development factor is an arithmetic value determined for the purpose of calculating allowable number of dwelling units, the required common open space area, and permissible lot coverage.

B.  The net development factor shall be determined by subtracting from the total planned unit development area the area set aside for:

1.  Churches;

2.  Schools;

3.  Commercial uses;

4.  Single-family residential platted areas, if determining net development factor for the multiple-family portion of a mixed single-family or multiple-family development;

5.  Natural water bodies including lakes, streams, swamps, marshes and bogs which are not incorporated in the common open space plan of the planned unit development;

6.  Seventy-five percent of areas having slopes which exceed forty percent.

C.  The required subtraction of natural water bodies set forth in subsection (B)(5) of this section may be waived when the shorelines are incorporated in the common open space plan of the planned unit development area; provided, that in no instance shall submerged land constitute more than twenty-five percent of the total planned unit development area.  (Ord. 108-B §9.13, 1980)

18.32.140 Permitted number of dwelling units.

The number of dwelling units permitted in any R zone shall be determined by multiplying the net development factor as determined in accordance with Section 18.32.130 by the combined number of base units per acre and bonus units per acre, as determined in accordance with Sections 18.32.150 and 18.32.160.  In all cases total permitted units shall not exceed:

A.  R-10,000:  seven units per acre;

B.  R-7500:  eight units per acre;

C.  R-5000:  twelve units per acre;

D.  Mobile home park:  twenty-five units per acre.  (Ord. 108-B §9.14, 1980)

18.32.150 Base units per acre.

A.  Unless combined with earned bonus units per acre, as provided in Section 18.32.160, residential planned unit development shall be limited to the base unit per acre net density permitted in this section.  The base unit per acre densities are as follows:

1.  R-10,000:  4.5 units per acre;

2.  R-7500:  six units per acre;

3.  R-5000:  nine units per acre;

4.  Mobile home park:  twenty units per acre.

B.  The base units per acre within shoreline management shorelines are wetlands designated by Washington Administrative Code Chapter 173-22, shall be determined by the Shoreline Management Master Program.  (Ord. 108-B §9.15, 1980)

18.32.160 Bonus units per acre.

A.  Bonus multiplier bonus units per acre earned pursuant to this section shall be multiplied by the following numbers:

1.  R-10,000:  0.5;

2.  R-7500:  1.0;

3.  R-5000:  1.5;

4.  Mobile home park:  1.5.

B.  The following units per acre may be accumulatively earned as density permitted in addition to base unit density of the zone:

1.  Common Open Space.

a.  Three-tenths unit per acre bonus if at least ten percent of the dry common open space has a slope of ten percent or less;

b.  Three-tenths unit per acre bonus if significant recreation areas are developed and equipped with such features as, but not limited to, trails, landscaped passive or open areas, pools, tennis courts, children's play areas, etc.;

c.  Fifteen one-hundredths unit per acre bonus if landscaped decks and roof tops are features of the design.

2.  Environmental Concern.

a.  Two-tenths unit per acre bonus if the project plan provides for and assures a substantial retention of native ground cover, bushes or trees;

b.  Fifteen one-hundredths unit per acre if on-site drainage control is accomplished using natural on-site drainage retention features or drainage and drainage retention facilities which are landscaped to resemble natural features;

c.  If significant general public access is provided to stream or river, fifteen one-hundredths unit per acre bonus; to trails, one-tenth unit per acre bonus; to scenic viewpoint, one-twenty unit per acre bonus;

d.  Fifteen one-hundredths unit per acre bonus if the project plan provides substantial and exceptional landscape treatment either as an adjunct to or in lieu of, native landscaping.

3.  Internal Circulation and Parking.

a.  One-tenth unit per acre bonus if the off-street parking is fifty feet or less from the entrance to the building served; or if one can walk under cover, the parking may be up to one hundred fifty feet away and still receive the bonus;

b.  For parking accessory to multiple-unit structures, two-tenths unit per acre bonus if one-half the required parking is covered, three-tenths unit per acre bonus if all the required parking is covered;

c.  Fifteen one-hundredths with per acre bonus if parking areas are kept small (ten to twenty spaces in a group) and interspersed with landscaping, or provided under buildings;

d.  Fifteen one-hundredths unit per acre bonus if provision is made for an internal bike and pedestrian system obviously separated from heavy auto traffic facilities.  Such separated nonvehicular circulation systems shall be subject to the conveyance requirements of Section 18.32.170C of this title.

4.  Public Service and Facility Availability.

a.  Fifteen one-hundredths unit per acre bonus if off-site convenience shopping facilities are functionally accessible within reasonable walking distance (approximately one-half mile);

b.  One-tenth unit per acre bonus if sewer and water lines lie within or adjacent to the site at the time of application and the sewer district and water district indicate that their systems will not be stressed by the added development;

c.  Fifteen one-hundredths unit per acre bonus if the circulation plan is such that the traffic generated by the project will put no substantial additional load on the surrounding local access street system;

d.  One-tenth unit per acre bonus if the development provides a crime prevention plan, incorporating locks, dwelling unit lighting, street lighting, doors, windows and alarms.

5.  Other.

a.  Two-tenths per unit bonus if the sponsor uses a design/development team, consisting of an architect, planner, engineer, landscape architect, and builder, through the design and construction phases of the project;

b.  Fifteen one-hundredths per acre bonus if the development features a mix of housing types.  Single residences, attached single units from duplexes to townhouses and apartments are examples of housing types.  The mix need not include some of every type;

c.  Two-tenths units per acre bonus if the development features a broad range of unit rentals.  The rental rate for a unit to be sold shall be considered to be one hundred twenty percent of the monthly amount necessary to amortize a full twenty-year mortgage on the unit at current market mortgage interest rates in the county.  This subsection shall not be construed as intended to control rents;

d.  Fifteen hundredths unit per acre bonus if the land parcel exceeds twenty acres or was the result of assembling at least three separate lots with a minimum combined area of five acres.  (Ord. 108-B §9.16, 1980)

18.32.170 Common open space.

A.  Area Required.  In residential planned unit developments there shall be a minimum of twenty-five percent of the net development factor area of the planned unit development, as determined pursuant to Section 18.32.130 of this title, which shall be dedicated or reserved as common open space land.

B.  Approval Standards.  No open area may be accepted as common open space under the provisions of this title unless it meets the following standards:

1.  The location, shape, size, and character of the common open space must be suitable for the planned development.

2.  Common open space must be used for amenity or recreational purposes.  The uses authorized for the common open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

3.  Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved.  The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.

4.  No more than one-half of the common open space area requirement may be fulfilled with land having slopes exceeding forty percent or with submerged, marshy or boggy land.

5.  If the final development plan provides for buildings, landscaping structures, or other improvements in the common open space, the developer must provide a bond or other adequate assurance that such improvements will be completed.  The town council shall release the bond or other assurances when the buildings, structures or improvements have been completed according to the development plan.

C.  Conveyance and Maintenance of Common Open Space.

1.  All land shown on the final development plan as common open space must be conveyed under one of the following options:

a.  It may be conveyed to a public agency that will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it;

b.  When no maintenance of the common open space is required, it may be conveyed to all new owners in undivided joint ownership;

c.  When maintenance of the common open space is required, it shall be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned development.  Membership in the association or organization, and dues or other assessment for maintenance purposes, shall be mandatory;

d.  When common open space is associated with condominium ownership, it shall be conveyed consistent with RCW 64.32.

2.  The common open space must be subject to covenants to be approved by the council which restricts the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purposes.

3.  Common open space may not be put to any use not specified in the final development plan unless the final development plan has been amended by the council to permit that use.  However, no change of use so authorized may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any unpermitted use are expressly reserved by the town.

4.  If the common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common open space may authorize the town to enforce their provisions.

5.  The council shall not accept the dedication of any common open space unless it is provided for general use and is consistent with adopted comprehensive plan or is otherwise specifically authorized by the council.  (Ord. 108-B §9.17, 1980)

18.32.180 Street design flexibility.

A.  Street Widths.  Within planned unit development projects private street pavement widths may be reduced to sixteen feet for one-way traffic or twenty-two feet for two-way traffic, provided all the following conditions are fulfilled:

1.  On-site parking shall be provided which is functionally convenient to planned dwelling units, and which is at least equal to the zone requirement plus one-half stall per unit for guest parking;

2.  One-way loop streets shall serve not more than thirty units, and be no more than one thousand five hundred feet long;

3.  On-street parking shall be prohibited.  Privately owned and maintained “no parking” or “fire lane” signs may be required;

4.  Turning radii shall be consistent with current published American Association of State Highway Official's standards;

5.  There shall be provided, through covenants or other legal means, assurance of permanent maintenance of private streets and parking areas.

B.  Roadside Drainage Ditches.  Within planned unit development projects, roadside ditches, constructed consistent with planning commission criteria, may be permitted, provided that:

1.  Such ditches shall be separated from the street paved surface edge by a curb or by at least a four-foot shoulder, or by other reasonable means as may be approved by the planning commission;

2.  Such ditches shall be designed to satisfy roadway drainage requirements, consistent with planning commission;

3.  Pedestrian circulation shall be provided consistent with subsection C of this section;

4.  Pedestrian and vehicular accessibility to commercial, recreational or utility areas, or to dwelling units, shall not be hindered.

C.  Pedestrian Circulation Facilities.  Within planned unit development projects pedestrian circulation facilities shall be provided and shall be:

1.  Durable and serviceable;

2.  Functionally and safely convenient to dwelling units served;

3.  Functionally and safely convenient to schools and commercial, recreational and utility areas within or adjacent to the project, or functionally convenient to a larger pedestrian circulation system which serves the same purpose;

4.  Sufficiently wide to accommodate potential use;

5.  Separated from traffic lanes by curb, extruded section, ditch, landscaped divider, natural vegetation, or other reasonable means as may be approved by the planning commission.  (Ord. 108-B §9.18, 1980)