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Resolution 267PLANNING COMMISSION RESOLUTION NO. 267 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING AN AMENDMENT TO THE OFFICIAL ZONING ORDINANCE, SECTION 12.14.060, GENERAL REQUIREMENTS, PLANNED UNIT DEVELOPMENT, AS SET FORTH IN PLANNING COMMIS- SION FILE NO. ZO-3-68. WHEREAS, the Planning Commission of the City of Edmonds, pursuant to proper notice and publication, held a public hearing on a proposed amendment to Section 12.14.060 of the Official Zoning Ordinance to establish new standards and criteria for Planned Unit Developments; and WHEREAS, having made the findings set forth in Exhibit "A" attached hereto, the Planning Commission determined that the Official Zoning Ordinance, Section 12.14.060, should be amended as set forth in Exhibit "B" attached hereto; now, therefore, BE IT RESOLVED by the Planning Commission of said City that recommendation be and the same hereby is made to the City Council of the City of Edmonds that Section 12.14.060 of the Official Zoning Ordinance be so amended. DATED as of the 21st day of February, 1968. e I r� II � 11"LUL� Chairman Pro Tem, Edmori Planning Commission Edmonds City Planner File No.: ZO-3-68 Initial Request by: Planning Commission Date of Hearing: February 21, 1968 Resolution No. 267 EXHIBIT uA" The existing Planned [snit Development procedure in the City Code is vague and incomplete-, As presently written, the provisions actually penalize the developer who wishes to create residential areas of greater interest and quality than the traditisaal and sometimes monotonous lot by lot subdivisions. The revised procedure is needed to encourage lower housing -and land development casts, to preserve a larger portion of our outstanding natural landscape, and to permit more advantageous use of property, Resolution No. 267 EXHIBIT "B" Section 12.14.060: Planned Unit Development A. Purpose: The purpose of the Planned Unit Development procedure is to permit flexibility and diversification in land use resulting in planned developments as good or better in function and relationship to the community as the traditional lot -by -lot development, while insuring substantial compliance with the objectives of the Comprehensive Plan. Other reasons for estab- lisping this procedure are: 1. To lower housing and land development costs through the more efficient use of utility and street systems. 2. To preserve a larger area of the outstanding natural landscape, including mature trees and stream beds. 3. To permit more advantageous use of property through groupings of structures, creation of greater open space, and combinations of uses otherwise not permitted to mix. This advantage is intended to mutually benefit the land owners, adjoining properties, and the community. The use of this procedure does not alter the established zoning attached to the land nor the fundamental intent of the district regulations as far as overall density of dwelling units is concerned. B. Permitted Uses: in a planned unit development the following uses are permitted: i. Residential units, either detached or in multiple dwellings, and any other uses listed in Sections 12.13.C30 and 12.13.040. 2. Accessory, incidental retail and other non-residential retail uses, such as small cafe, grocery store, barber shop, beauty parlor, speci- fically and selectively authorized as to exact type and size to be integrated into projects by design and for no less than 200 families to reside therein. {NOTE: In order to have 200 units a duplex zoned Resolution No. 267 Exhibit "B" (Page 2) site would have to be larger than 14 acres, an RML zoned site would have to be larger than 9 acres.) C. Design Requirements: The following regulations shall apply to the design of planned unit developments: 1. Yards: The requirement for front yards for the zone in which the planned unit development is located, shall apply to all exterior boundary lines of the site. 2. Open Space Land: a. Amount: There shall be a minimum of ten per cent of the net development area dedicated or reserved as usable common open space land. Driveways, parking lots and required yard areas wil.l not be allowed as open space. (NOTE: Snohomish County requires that 20% of the net development area be established as open space and community recreational facilities.) b. Guarantee: A guarantee must be provided to insure permanent retention of open space land area resulting from the applica- tion of these regulations, either by private reservation for the use of the residents within the development or by dedica- tion to the public or a combination thereof. 3. Building Height: The height of buildings may be three stories which shall not exceed 35 feet. (NOTE: This shall mean that no building can have four living floors arranged vertically.) 4. Ailowed Density: The number of dwelling units permitted in any "R" zone may be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zone established on the property. Net development area shall be determined by sub- tracting the area set aside for churches, schools, or commercial use Resolution No. 267 Exhibit "H" (Page 3) from the total development area. Fractional units shall be rounded to the closest whole number. 5. Permitted Site Covers e: The permitted percentage of coverage by buildings and structures for the net development area as determined by "4" above shall not exceed the percentage of coverage permitted in the zone in which the project is located. Percentages for corner lots will not be allowed. 6. Off-street Parking Requirements shall be in accordance with the provisions of Section 12.14.020 of this Ordinance. ?. Ail projects may propose concepts such as: a. 4-unit dwelling clusters with party walls and one side and one front yard for each unit. b. Town or row houses with party side walls. C. Multi -family apartments. d. Condominium ownership in multi -family buildings. e. Public or private access lanes. ,. Varied -lot -size subdivisions. g. i:stablishment of green belts or other open areas, or community - buildings or recreation facilities. 8. Single-family detached residences: The RS-6 regulations shall apply to any single-family detached residences within the project, except where more stringent regulations of this procedure may apply. 9. Townhouses: The minimum lot size of a townhouse shall be 2,000 square feet per unit. Each unit shall have a usable outdoor living space of at least 425 square feet. Front and rear yard requirements of the RS-6 zone shall apply to townhouse structures. (NOTE: This is taken from the Snohomish County ordinance.) Resolution No. 267 Exhibit "B" (Page 4) 10. Duplexes: RD regulations of the Zoning Ordinance shall apply to all duplex structures within a project, except where more stringent regu- lations of this procedure may apply. 11. Private Roads: Private roads and driveways serving a limited number of dwelling units and not intended for use as a public thoroughfare may nave rights -of -way less than the City minimum. Such roads shall be constructed to City road surface standards and shall be approved by the Engineering and Planning Departments as to adequacy of width, access to properties, access for emergency vehicles, and turn -around space. D. Locational Requirements: Planned unit development projects may locate only in RSW-12, RS-12, RS-8, RS-6, and RD zones. (NOTE: I suggest that this PUD procedure be allowed in any residential zone as it is in the new Snohomish County ordinance.) E. :area Requirements: The minimum site area required shall be two (2) acres. (Note: This minimum was originally suggested in recognition of the fact that Edmonds has very few undeveloped tracts of land over 5 acres in size, and. that the majority of undeveloped tracts range in size from one to four acres. now recommend that no minimum site size be established as has been done in the County.) F. Ownership Requirements: The proposed project must either be in one owner- ship or under a unity of control to assure that the development can be accomplished as planned. G. Improvements Required. Projects shall be complete developments and developers may be required to include facilities such as paved streets, curbs, side- walks, street lights, underground storm drainage, sanitary sewers, under- Resolution No. 267 Exhibit "B" (Pa a 5) ground power and telephone lines, landscaping, and other facilities deemed necessary by the Planning and Engineering Departments and approved by the Planning Commission. H. General Requirements: All projects shall bear the burden of perimeter tran- sition and demonstrate that there is a general public benefit to be gained by the deviation from the underlying zoning regulations, such as: 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 or useful environ- ment between buildings. 2. Additional public -use facilities, such as pedestrian walks providing a service and convenience to residents in the vicinity, or streets improving local circulation or public access to a lake or stream. 3. Preservation of a natural asset, such as a historic landmark, or a specimen tree, or a grove of woods, or a stream, or a view. I. Procedure for Preparation, Review and Approval: 1. Preliminary Application: All the owners of property within a proposed project shall submit to the Planning Department a preliminary develop- ment plan and shall complete any application forms as provided by said officer. 2. Fees: All applications shall be accompanied by an application fee in a sum equal to 1/20th of one cent per square foot of area included in the project. If portions of the area are to be subdivided and sold as separate parcels, the preliminary platting fee as specified in the Subdivision Ordinance shall be waived and the final platting fee will be paid at the time the application is submitted for final plat approval before the Planning Commission. Resolution No. 267 Exhibit "b" (Page 6) 3. application Exhibits: All applications shall include: a. Vicinity map showing all dedicated streets. b. Proposed Development Plan showing topography, existing improvements, the general intent and apportionment of land for buildings, stipu- lated use, and circulation pattern. c. Text explanation of any material aspects not disclosed on the plan. 4. Administrative Review: The Planning Department shall review any appli- cation and may require further information and exhibits to determine whether all requirements of this code are fulfilled. If the Planning Department finds that the preliminary proposal meets the minimum defined standards, the application will be scheduled for a public hearing before the Planning Commission. 5. Planning Commission Review: After notice as prescribed by Chapter herein, the Planning Commission shall conduct at least one public hearing on the application. Before approval, the Commission shall determine that the Plan is in agreement with the development policies indicated on the Comprehensive Plan, the purposes of this ordinance and the intent of this Section. The Planning Commission shall recommend approval, disapproval, or recommend modifications of the proposed planned unit development. If the modifications recom- mended by the Planning Commission are acquiesced in by the applicant, the modified application shall be considered as approved. This pre- liminary approval of the proposed development plan shall be binding upon the intent and use as specified above, but shall not be construed to render inflexible the ultimate design, specific uses, or final plan of the project. Resolution No. 267 Exhibit "B" (Page 7) If the applicant fails to acquiesce in recommended modifications within 10 days of the Planning Commission's action, the Planning ommission shall, on the loth day, be deemed to disapprove the original application. If the Planning Commission recommends disapproval, the applicant may file a request for a hearing before the Council as provided by Section 6. Preparation of Final Development Plans: Applicant shall, within one year following date of preliminary approval of the proposed development plan, submit a final development plan for approval by the Planning Commission. The plan will, upon approval by the Commission, constitute a limitation on the use and design of the site. 7. Exhibits: Final applications shall include the following exhibits: a. An accurate map drawn to a scale specified by the Planning Depart- ment showing the boundaries of the site, names and dimensions of all streets bounding or touching the site; the proposed location and horizontal and vertical dimensions of all buildings and struc- tures proposed to be located on the site; any proposed location and dimension of "open space" and proposed public dedications within the site; location, dimensions and design of off-street parking facilities showing points of ingress to, and egress from the site; the location, direction and bearing of any major physio- graphic features such as railroads, drainage canals and shore lines and existing topographic contours at intervals of not more than five feet together with proposed grading, drainage and landscaping. Resolution No. 267 Exhibit "B" (Page 8) b. An explanatory text containing a written statement of the general purposes of the project and an explanation of all features per- taining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular non-residential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses. 8. Planning Commission Review: The Planning Commission shall review the Droposed plan as prescribed in Section I, 5 herein, except that notice is not required. If approved by the Planning Commission, the proposal shall be forwarded to the City Council for their review and concurrence or disapproval. . City Council Action: The Council may adopt, modify, or reject the Planning Commission Recommendation. Adoption may be conditioned upon performance of conditions and performance bonds may be required. Any approval by the Council shall first be by resolution. The reso- lution shall contain reference to the specific plans approved and shall recite fully all conditions imposed. T;ie applicant shall, within the period established by the approving resolution, file with the City Clerk such bonds, evidence of compliance or undertakings as may be required by the resolution as conditions of final approval. Upon fulfillment of all required conditions precedent contained in the resolution, the Clerk shall present to the Council a draft ordinance to adopt the Planned Unit Development as an amendment to the zoning I Resolution No. 267 Exhibit. "B"�(Page �9) map, incorporating all maps, drawings, conditions, undertakings, ane exhibits required to specify the precise land use authorized. The zoning map shall designate the exterior boundary of the Planned Unit Development and designate it "P.U.D. # " with a serial number. A file shall be maintained by the City Clerk under that number containing all maps and other documents or exhibits referred to or incorporated in the adoptive ordinance, the provisions of which shall constitute a limitation on the use of the property. The ordinance shall also contain a text legal description of the boundary of the Planned Unit Development. 10. Administration of Planned Unit Developments: Upon the adoptive ordinance being effective, the City shall permit the use of the land and erection of structures in compliance with the plans and under- takings approved. Any use or structure inconsistent with the approved plans and under- takings shall be a violation of this ordinance. a. Modification of Approved Projects: Except as approved, no Planned Unit Development shall be used, constructed, modified, or changed in any material respect or to any material degree. Any major change in a Planned Unit Development shall be applied for and processed in the same manner as an original application. Minor changes in plans or specifications may be permitted by City Departments having jurisdiction provided such changes are not material to the main- tenance of the character of the approved development. Notice of all such changes shall be given the Planning Department immediately. Resolution No. 267 Exhibit "B" (Page 10) b. Record of Subdivision: A project which plats or subdivides land for sale and individual ownership shall properly record the plat with the Snohomish County Auditor prior to the issuance of any building permits or authorization to commence construction. c. Construction of Multiple Use Projects: A project proposing multiple land uses in a residentially zoned area shall complete construction of 50% of the residential units prior to the issuance of building permits for any nonresidential construction. d. Building Permits: The application for a building permit or other authorization to commence work on the project shall be accompanied by: (1) Any bond required by the City Council guaranteeing completion of a specific defined portion of the project as authorized and approved, and/or a standard plat bond if subdivision and sale of lots is a part of the project. (2.) Deeds to any land or properties intended for public owner- ship and use in the completed project. (3) A complete project site plan and construction plans and specifications for the initial buildings. e. Compliance: The City Administration shall find that the plans submitted for construction comply with the conditions of approval by the Planning Commission and City Council. J. Revocation of Approval: In the event a material condition of approval is violated cr unfulfilled within the time set for its completion, or provisions of the approval or this Code are materially violated, the Council may, either on recommendation of the Planning Commission or on its own motion, give Resolution No. 267 Exhibit "B" (Page 11) required notice and conduct a public hearing upon the question of the revo- cation of the approval and any permits granted pursuant to it. After a public hearing the Council shall make appropriate written findings of fact and if it elects to revoke the approval and/or permits, it shall do so by ordinance, amending the zoning map to remove the Planned Unit designation. 1. Abandonment: If a Planned Unit Development project is -in fact abandoned, or if, upon the expiration of three years from the adoption of the approval ordinance, the project has not been completed (or commenced pursuant to an extension of time for completion granted by resolu ion of the Council), the authorization for the project shall automatically expire and no building or occupancy permits shall thereafter be issued, renewed, or extended. Upon expiratior4 the land and structures, i any, may only be used for a lawful purpose permitted in the zoning district in which the project is located. If a project is approved for construction in phases, the approving ordi= nance may provide completion dates for each phase, which provisions shall supersede this paragraph.