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Resolution 314PLANNING COMMISSION RESOLUTION NO. 314 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 May, 1969. i y%j ;_, -, Z" Chairman, Edmonds Planning Commission Edmonds City Planner File No.: ZO-3-68 Initial Request by: Planning Commission Date of Hearing: May 21, 1969 Resolution No. 314 EXHIBIT :'.'A" As this community continues to develop, the. vacant properties and open lands will gradually disappear as more and more homes are built. Unless some efforts are made to encourage open space preservation and incorpora- tion into the.rresidential areas, future residents will not have the opportunity to enjoy the benefits of different landscape amenities within the residential neighborhoods.- To encourage more interesting and varied residential areas the.community needs a workable Planned Unit Development procedure. The existing Planned Unit Procedure in the.City Code is vague and incomplete. As presently written, the provisions penalize the.developer who.wishes to create residential areas of greater.interest and quality than the. -traditional and sometimes monotonous lot -by -lot subdivisions. Resolution No. 314 EXHIBIT "B" Section 12.14.060: Planned Unit Development A. Puruose: 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 tradi- tional lot -by -lot development, while insuring substantial compliance with the objectives of the Comprehensive Plan. Other reasons for establishing 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, creating of greater open space and combinations of uses otherwise not per- mitted 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 within the P.U.D. as a total unit. B. Permitted Uses: In a planned unit development the following uses are permitted: 1. Residential units, either detached or in multiple dwellings, and any other uses listed in Sections 12.13.030 and 12.13.040. 2. Accessory, incidental retail and other non-residential retail uses, such as small cafe, grocery store, barber shop, beauty parlor, specifically 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. Page 2 C. Design Requirements: The following regulations shall apply to the design of planned unit developments: 1. Yards: The largest front yard requirement of the zoning districts contained within the project shall apply to all exterior boundary lines of the site. In no case shall the eaves or any other portion of a building or structure be separated by less than 10' of open space. 2. Open Space Land: a. Amount: There shall be a minimum of 200 of the net development area dedicated or reserved as usable common open space land. Driveways, parking lots, and required yard areas will not be allowed as open space. b. Guarantee: A guarantee to the City must be provided to insure permanent retention of open space land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public or a combination thereof. 3. Building Hecht: The maximum height of buildings shall not exceed the height permitted in the zone in which the project is located. 4. Allowed Density: The number of dwelling units permitted in any "R" classified zone may be determined by dividing the net development area by the minimum lot area per dwelling unit required by the zones established on the property. Net development area shall be determined by subtracting the area set aside for churches, schools, or commercial use from the total development area. Fractional units shall be rounded to the closest whole number. 5. Permitted Site Coverage: The permitted percentage of coverage by buildings and structures for the net development area as determined by the preceding paragraph above shall not exceed the percentage of coverage permitted in the zones 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 Title. Page 3 7. All 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. Condominium ownership in multi -family buildings. d. Public or private access lanes. e. Varied -lot -size subdivisions. f. Establishment of green belts or other open areas, or community -buildings or recreation facilities. g. Detached single-family homes grouped around a common court, playground or recreation area. In all cases, the number of dwelling units permitted in one building shall be limited to six (6) units. 8. Single-family detached residences: The RS-6 regulation 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 3,000 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. 10. Duplexes: RD regulations of the Zoning Ordinance shall apply to all duplex structures within a project, except where more stringent regulations of this procedure may apply. 11. Permitted Ratio of Multiple Units: No more than 400 of the permitted dwelling units shall be in the form of multiple dwellings. Sites contain- ing 100 acres or more may contain a higher ratio of multiple dwellings as approved by the Planning Commission and City Council. D. Locational Requirements: Planned Unit Development projects may locate in any zone permitting residential units. Page 4 E. Area Requirements: A minimum site size of 5 acres is established for Planned Unit Development projects. F. Ownership Requirements: The proposed project shall either be in one ownership or under a unity of control to assure that the development can be accomplished as planned. G. I22rovements Required: Projects shall comply with all applicable City Ordinances, including but not limited to Chapter 12.08. They shall be complete developments and developers shall be required to include facilities such as paved streets, curbs, sidewalks, street lights, underground storm drainage, sanitary sewers, underground 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 transi- tion 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 environment between build- ings. 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 development plan and shall complete any application forms as provided by said officer. Page 5 2. Fees: For the preliminary application a minimum fee of $500.00 or 1/10th of one cent per square foot, whichever is larger, shall be collected by the City. For the final application a fee of 1/20th of one cent per square foot shall be collected. The square foot measure- ment shall be the same as the gross development area. If portions of the area are to be subdivided and sold as separate parcels, the platting fees as specified in the Subdivision Ordinance shall be waived. 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, stipulated use, circulation pattern and surrounding planimetric detail for a depth of 300 feet. C. Text explanation of any material aspects not disclosed on the plan. 4. Administrative Review: The Planning Department shall review any applica- tion and may require 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 Section 12.16.170 C (1) (2) as in the case of rezones, the Planning Commission shall conduct a public hearing on the application to determine whether the Plan is in agreement with the development policies indicated by Title 12 of the Edmonds City Code and the purposes of this Ordinance. The Planning Commission shall give preliminary approval, disapproval or approval with modifications of the proposed development. This preliminary 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. Page 6 5. Planning Commission Review: (Continued) In the event the Planning Commission gives preliminary approval, the said approval will be reviewed by the City Council at a public hearing held in accordance with Section 12.16.170 E and F. In the event the Planning Commission disapproves the application, the applicant or other interested party may file a written appeal of said disapproval with the Planning Department to request a hearing before the City Council. The appeal must be made within 30 days of said public hearing by the Planning Commission and will be heard by the City Council in accordance with Section 12.16.170 E and F. 6. City Council Action: The Council may approve, modify or reject the Planning Commission preliminary recommendation. Any approval by the Council shall be by motion. 7. 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. 8. Exhibits: Final applications shall include the following exhibits: a. An accurate map drawn to a scale specified by the Planning Department 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 structures 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 physiographic 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. Page 7 b. An explanatory text containing 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. The adoption of the text specifying the particular non-residen- tial uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses. 9. Planning Commission Review: The Planning Commission shall review the proposed final plan as prescribed in herein, except that public notice is not required. Final approval by the Planning Commission shall be conditioned upon performance of conditions and performance bonds may be required. The applicant, within six months after the final approval, shall file with the Planning Department such bonds, evidence of compliance or undertakings as may be required by the conditions of final approval. The Planning Commission may grant a 6-month extension of this time requirement if the applicant shows good cause. Upon fulfillment of all required conditions precedent contained in the final approval, the Planning Department shall present to the Council a draft ordinance to adopt the Planned Unit Development as an amendment to the Zoning Map, incorporating by reference all maps, drawings, conditions, undertakings and exhibits required to specify the precise land use authorized. The Zoning Map shall designate the boundaries of the project and the file number of the application. A file shall be maintained by the Deputy City Clerk for the Planning Department 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 undertakings approved. Page 8 10. Administration of Planned Unit Developments: (Continued) Any use or structure inconsistent with the approved plans and undertakings shall be a violation of this ordinance and no building permits shall be issued thereon. a. Modification of Approved Projects: Except as approved, no Planned Unit Development shall be used, constructed, modified or changed. Any change in a Planned Unit Development shall be applied for and processed in the same manner as an original application. Changes in plans or specifications may be permitted by City Departments having jurisdiction provided such changes are not material to the maintenance of the character of the approved development. Notice of all such changes shall be given the Planning Department immediately. 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 ownership and use in the completed project. (3) A complete project site plan and construction plans and specifica- tions for the initial buildings. P age 9 e. Compliance: The City Administration shall find that the plans sub- mitted for construction comply with the conditions of approval by the Planning Commission and City Council. J. Revocation of Approval: In the event a condition of approval is violated or unfulfilled within the time set for its completion, or provisions of the approval or this Code are violated, the Council may, either on recommendation of the Planning Commission or on its own motion, direct that wi-itten notice be given to the applicant at least ten (10) days prior to and conduct a public hearing upon the question of the revocation of the approval and any permits granted pursuant to it. After a public hearing the Council may revoke the approval and/or permits by ordinance. Nothing herein shall limit the revocation of building permits, issuance of stop orders or other such procedures elsewhere authorized by the Edmonds City Code. 1. Abandonment: If a Planned Unit Development project is abandoned, or if, upon the expiration of three years from the adoption of the authorizing ordinance, the project has not been completed (or commenced pursuant to an extension of time for completion granted by resolution 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 expiration, the land and structures, if any, may only be used for a lawful purpose permitted in the zoning district in which the project is located. The City Council shall, by ordinance, strike the Planned Unit designation from the Official Zoning Map. If a project is approved for construction in phases, the authorizing ordinance may provide completion dates for each phase, which provisions shall supersede this paragraph.