The intent of this chapter is to promote greater flexibility and, consequently, more imaginative design for the development of residential areas than generally is possible under conventional zoning and subdivision regulations. It is further intended to promote more economical and efficient use of land while providing for a harmonious variety and grouping of housing types, a higher level of urban amenities, the use of solar energy and conservation design principles, and preservation of open spaces and areas identified or believed to be hazardous for development. The planned unit development (PUD) option offers the developer increased density, lower costs, permissive variation in zoning and subdivision standards, and opportunities to carry out architectural and energy conservation themes, in return for which the city realizes higher quality living environments with lower energy demands than normally obtained by traditional subdivision development. (Ord. 1211 § 2 (part), 2007).

These regulations may be invoked at the option of the developer and with the approval of the city in all residential use districts; provided, that in furtherance of the comprehensive plan, the city may require subdivisions in areas of geologic hazard or steep slope to comply with this chapter. (Ord. 1211 § 2 (part), 2007).

A. Uses permitted in a PUD include:
1. The combination of permitted and accessory uses listed in the zoning ordinance for residential use districts together and including condominiums, which shall also be subject to Chapter 16.16 of this title;
2. Recreational facilities, including but not limited to tennis courts, swimming pools, playgrounds, golf courses, trails and structures accessory to such facilities;
3. Community halls or social clubs, churches, schools and libraries;
4. Zero lot line development, as defined and restricted by this chapter. (Ord. 1211 § 2 (part), 2007).

Subject to the limitations specified as minimum requirements below, the standards of the zoning ordinance concerning minimum lot size, width, depth, frontage, coverage, setbacks, building height, distance between buildings, and outdoor living areas shall not apply to PUDS, except as a guide. Use of the procedure provided in this chapter superimposes each approved PUD on the underlying zoning district regulations as an exception to such regulations to the extent that each approved PUD shall modify and supersede the regulations of the underlying zoning district. The city’s public works standards may be modified in accordance with this title. (Ord. 1211 § 2 (part), 2007).

A. Parcel Size. There is no required minimum size for a parcel of land to qualify for application of this chapter. However, parcels generally should be at least one and one-half acres in size.
B. Site Coverage. The percentage of coverage of the gross acreage by buildings and structures, exclusive of streets, shall not exceed fifty percent.
C. Distance Between Buildings and Privacy. The distance between buildings designed for multifamily residential use shall be at least twenty feet. However, every PUD shall provide reasonable visual and acoustical privacy for dwelling units and surrounding properties. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of the property and surrounding properties, for the screening of objectionable views or uses, and for reduction of noise. Building spacing requirements may be increased when light to neighboring structures or property otherwise would be substantially reduced.
D. Building Height. Buildings shall not be more than three stories high or more than thirty-five feet in height, except that a greater height may be approved if surrounding open space is increased or other design features are used to avoid any adverse impact or loss of privacy due to the greater height.
E. Setback Along Perimeter of Development. The perimeter of the development shall be aesthetically compatible with the land uses of adjoining properties. Existing uses adjacent to a PUD shall be afforded reasonable privacy and protection. Structures located on the perimeter within the development must be set back at least the distance pertaining to the zone in which the development is located. Screening by means of fences, walls, buffer strips or greenbelts should be considered and may be required to afford protection to adjacent property comparable to that otherwise required by the zone. The method of screening, however, should not, if at all possible, shade south-facing walls and roofs of residences on adjacent properties. (Ord. 1211 § 2 (part), 2007).

Improvements of a public nature shall be dedicated or reserved to public uses and designed and constructed in accordance with this title. Improvements of a public nature include streets, sidewalks, water and sanitary sewer lines, storm sewers and other drainage devices or ways, street lights and electric, gas, telephone, and television lines and cables. However, the city council may permit streets to be built to a lesser standard if:
A. The proposed street design and construction is acceptable to the city fire chief or fire district representative, police chief and public works director;
B. The proposed circulation system provides for separation of vehicular and pedestrian circulation patterns and for adequate off-street parking facilities;
C. The street design will further the purposes of this chapter for design innovation and better living environments;
D. The design and construction are adequate to protect the public health, safety and welfare of the entire city. (Ord. 1211 § 2 (part), 2007).

A. Every PUD shall provide off-street parking spaces, which shall conform to the zoning ordinance with respect to number, size, location, surfacing and lighting. In addition, the following standards shall apply:
1. Parking areas shall be so arranged as to prevent through-traffic to other parking areas;
2. Parking area shall be screened from adjacent structures and streets with hedges, dense planting, earth berms, changes in grades, fences or walls;
3. No more than fifteen parking spaces shall be permitted in a continuous row without interruption by landscaping;
4. No more than sixty spaces shall be accommodated in any single parking area;
5. Parking areas shall be adequately lighted;
6. Area for storage of boats, recreational vehicles and other equipment shall be screened and fenced. These areas should be located in shaded areas and other locations which are not suitable for solar access to buildings;
7. Parking areas shall be located, if at all possible, on the northerly side of buildings, in shaded areas and in locations which are not suitable for or will not diminish solar access to buildings. (Ord. 1211 § 2 (part), 2007).

A. General. Open space is an essential component of the PUD. While no specific amount or percentage of open space is required, no PUD shall be approved without significant provision of usable open space. Provision of open space in PUDs shall be guided by and shall conform to the definitions and guidelines of this section.
B. Open Space Defined. For the purposes of this chapter, open space is improved or unimproved area that is: (1) designated and maintained for active or passive recreation, other activities normally carried on outdoors, visual buffering, or for preservation in a natural state because of natural assets or unsuitability for development, and (2) not covered by buildings, parking structures, parking lots or accessory buildings, except that structures appropriate for the authorized recreational use of the open space may be sited on the open space and used to conserve or enhance the amenities of the open space. Additionally, landscaped roof areas that are devoted to recreational or leisure-time activities, freely accessible to residents, structurally safe, and adequately surfaced shall be considered open space. Open space does not include street right-of-way, parking lots or yards in platted lots.
C. Open Space Guidelines.
1. Most of the total area designed as open space should be contiguous rather than scattered around the development in small parcels and should be accessible to all residents.
2. The area of any parcel designed for active recreational use shall not be less than six thousand square feet nor less than thirty feet in width or length.
3. Areas documented in geologic reports prepared pursuant to Section 16.40.020 of this title as being hazardous or probably hazardous to develop shall be reserved as unimproved open space.
4. While it is the intent of this chapter that areas unsuitable for development because of identified or probable hazard or steep slope be included in the open space, it is also the intent that the PUD design be superior in the amount of usable space for recreational activity.
5. The amount, use and character of the open space shall be appropriate for the expected population and number and type of dwelling units.
6. If a PUD is to be developed in phases, the development schedule shall coordinate the provision and improvement of the open space with development of the area for residential buildings, so that no phase shall be without significant amount of open space. The council may require a certain amount or certain sites of open space to be provided with any development phase.
D. Open Space Ownership and Maintenance. All area shown as open space on the plats and site plans required herein shall be conveyed and maintained under the following options:
1. If open space is suitable for general public use and a public agency agrees to maintain it, the open space, including any buildings, structures or improvements thereon, may be dedicated to the public;
2. If open space is appropriately intended for use solely of the residents of the development, it shall be conveyed to an association of property owners created as a nonprofit corporation under the laws of the state, through which the property owners shall own undivided interest in the open space. In such case, the developer shall file with the city copies of the articles of incorporation and bylaws of the association. In addition, the developer shall present for recording with the final plat a declaration of covenants acceptable to the city council and city attorney, which covenants shall provide for the following:
a. The property owners association will be established by the developer before any properties in the PUD are sold,
b. Membership in the association will be automatic and mandatory for each property buyer and any successive buyer,
c. Use of the common open space will be restricted as shown on the approved final plat and final site plan, and the restrictions will be permanent, not just for a period of years. In lieu of a covenant permanently restricting use of the common open space, the developer may convey and the city may require conveyance of the development rights to the city,
d. The association will be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities,
e. Property owners will pay their pro rata share of the cost of the insurance, taxes and maintenance. The assessment levied by the association can become a lien on the property, and foreclosures can be instituted to collect defaulted payments,
f. The association will be able to adjust the assessment to meet changed needs,
g. The city will be authorized to enforce the covenants to ensure maintenance. (Ord. 1211 § 2 (part), 2007).

A. Determining Permitted Density. The density of dwelling units in a PUD shall be in accordance with the gross density allowed in the zone or zones in which the PUD is proposed. However, where there is excellent project design and open space provision, an increase in gross density up to ten percent greater than the maximum allowed in the zone or zones may be allowed. Up to an additional twenty percent increase in gross density may be allowed if energy conservation and solar access criteria are met (subsection B of this section). This density bonus may be applied and granted independent of the other density bonus criteria. In determining whether a density bonus is appropriate, the commission and council shall evaluate the PUD proposal against the criteria listed below. For a proposal to qualify for a full ten percent bonus, it must be determined by the council that the criteria are met or can be met by observance of conditions. A lesser bonus to a degree deemed appropriate may be allowed if some of the criteria are satisfied.
B. Density Bonus Criteria.
1. Open Space.
a. Residential streets are oriented east-west with no greater deviation than twenty-five degrees therefrom;
b. Significant recreation areas are developed and equipped with such features as trails, landscaped open areas, ponds, pools, tennis courts, children’s play areas, etc.;
c. A significant portion of the open space is well drained, of minimal slope, and easily accessible;
d. Greenbelts are provided around perimeters of the development.
2. Internal Circulation.
a. Provision is made for an internal bike and pedestrian system obviously separated from heavy auto traffic;
b. If multifamily dwellings are proposed, parking lots are covered or provided under buildings;
c. Parking lots are small (ten to twenty spaces in a group) and interspersed with landscaping.
3. Lots, Housing Types and Siting.
a. A variety of housing types and architectural styles are provided allowing for a range of prices and rents;
b. Seventy percent of subdivided lots, if any, are oriented with north-south axes within twenty-five degrees of true south; or
c. Residential and community buildings are oriented primarily with the long axes running within twenty-five degrees of true south regardless of lot orientation or otherwise sited to enhance solar access; or
d. Sixty percent of the residential buildings and any community buildings in the ultimate development incorporate active or passive solar systems and passive solar design. These criteria shall be entitled to an automatic ten percent density bonus and shall be recorded on the final plat as a deed covenant for those lots best sited for these buildings. The applicant must submit proven design plans for such buildings;
e. Dwellings are grouped, attached or detached, in clusters around open space or in townhouse arrangements or zero lot line development is incorporated (Section 16.18.100 of this chapter);
f. Taller buildings are located north of shorter buildings and the overall location and bulk of buildings do not cast shadows on south-facing walls and roofs between ten a.m. and two p.m., on January 21st;
g. Areas of greater density than is otherwise permitted in the zone are adequately screened or set back from perimeters to assure compatibility with adjacent land uses.
4. Public Facilities and Services.
a. Water and sewer lines lie within or adjacent to the site and the city’s treatment systems can accommodate the projected load increase without stress. Fire flow standards can be met;
b. Traffic generated by the development will not have substantial impact on existing local streets in the surrounding area;
c. If off-site public facilities or services due to be affected by the project are inadequate, the developer in some manner deemed appropriate by the director of public works and council provides for off-site improvements.
5. A detailed landscaping plan is provide that provides for significant site improvements;
6. Covenants. The plat or other officially recorded map contains a deed covenant stating in effect that the city required that no buildings will be constructed or landscaping installed or managed which will block solar access to south-facing walls and roofs between, at least, ten a.m. and two p.m., PST, on January 21st. If active or passive solar systems and design are incorporated, deed covenants will be provided for each affected lot and shall state that solar access will be preserved to the system or design between, at least, ten a.m. and two p.m., PST, on January 21st. (Ord. 1211 § 2 (part), 2007).

A. Nature and Purpose. Zero lot line development is one siting approach consistent with the intent of this chapter. For the purpose of this chapter, zero lot line development is an approach whereby a single-family detached dwelling is sited on one side lot line with no side yard provided, and the dwelling on the lot abutting the zero lot line is sited on its side lot line farthest from the zero lot line. The approach is shown in Figure 16.18.100-1. The intent of this section is to provide for a housing design befitting small lots and higher density, to encourage increased usable yard on a lot, and to allow flexibility in housing development.
B. Standards. To ensure adequate light, air, privacy and maintenance, zero lot line development shall be subject to the standards herein. For single-family detached dwellings to be located on a side lot line with no setback, the following conditions shall apply:
1. The lot adjacent to the zero setback side yard shall be under the same ownership at the time of initial construction.
2. The side yard setback on the lot adjacent to the zero setback side yard shall be at least ten feet.
3. The side yard setback on the lot adjacent to the zero setback side yard shall be kept perpetually free of permanent obstructions such as a tool shed or a fence without a gate.
4. An easement of five feet in width shall be provided on the adjacent lot for maintenance of the exterior portion of the lot line wall.
5. A lot developed with a zero setback side yard may be as small as four thousand square feet in area and may be as little as forty feet in width at the building line.
6. A lot developed with a zero setback side yard must have no less than one thousand seven hundred square feet of total area unobstructed by buildings.

(Ord. 1211 § 2 (part), 2007).

A. Preapplication Conference Required. Persons seeking approval of a PUD shall be required to participate in a pre-application conference in conformance with this title. In addition to their responsibilities listed therein, the city officials in attendance shall provide to the developer an indication of the feasibility and appropriateness of the project’s development under the terms and purposes of this chapter.
B. Preliminary Site Plan and Other Application Materials. Persons desiring approval of a PUD shall submit the preliminary plat copies and supplementary materials required by Chapter 16.08 of this title, and, in addition, the following materials to the city clerk-treasurer:
1. Copies of a preliminary site plan, one copy accompanying each preliminary plat copy. Contents of the preliminary site plan shall be in accordance with Chapter 16.08 of this title;
2. If proposed landscaping cannot be accommodated on the preliminary site plan, a landscaping plan showing trees and ground cover to be retained and planted;
3. Elevation (side view) and perspective drawings of proposed structures, and such other schematic sections, sketches and study models needed to convey the architectural character;
4. Floor plans of buildings for recreational use;
5. A written statement of purposes and intent, explaining:
a. The character of the development,
b. The manner in which it has been planned to take advantage of this chapter,
c. How the public will benefit as a result of deviation from the city’s underlying zoning regulations,
d. The basic content of covenants that will govern the use, maintenance and continued protection of the development and any common open space, if provided, and assurance of solar access,
e. Timing for the construction and installation of improvements, buildings, other structures and landscaping,
f. Recreational equipment and facilities to be installed,
g. The ability of the applicant to carry out the project to completion.
C. Public Review. The preliminary site plan, preliminary plat and supplementary application materials required by this chapter shall be reviewed together by, first, the planning commission and, after recommendation by the commission, the city council. Such review shall proceed in the manner and with the limitations provided in Chapter 16.08 of this title. Notices of public hearings shall include, in addition to the request for preliminary plat approval, the request for approval of a PUD preliminary site plan, and if applicable, requests for approval of landscaping plans and floor plans. Time limitations specified in Chapter 16.08 shall apply, except that, due to the greater complexity and amount of materials necessary for review of PUD proposals, it is hereby declared that by the act of application for approval, PUD applicants shall be deemed to have consented to a reasonable extension of the ninety-day time limitation provided in Chapter 16.08 of this title.
D. Action and Conditions. The commission shall prepare one set of recommendations and findings on the preliminary plat and one set on the preliminary site plan and any landscaping plan and floor plan, for forwarding to and action by the council. For approval of a preliminary plat and the preliminary plans, it must be concluded that the plat and plans are consistent with the purpose and requirements of this chapter and such other zoning and subdivision regulations not inconsistent with this chapter. In consideration of the latitude given to PUDS, the commission and council shall have wide discretionary authority in judging and approving or disapproving PUD plans. The commission may recommend and the council may impose conditions found necessary to prevent detrimental impacts, to otherwise protect the best interest of the surrounding area or the city as a whole, or to further the purpose of this chapter. In addition to conditions otherwise permitted by this title, such conditions may include but are not limited to the following:
1. Limiting the manner in which uses are conducted, including restricting the time an activity may take place;
2. Establishing an open space area, lot area, yard, setback or dimension;
3. Limiting the height, size or location of a building or other structure;
4. Amending the layout of streets and lots in order to more fully meet the guidelines and requirements of this chapter;
5. Increasing the amount of street dedication, street pavement width or improvements in the street right-of-way;
6. Designating the size, location, screening, drainage system, surfacing or other improvement of a parking area;
7. Requiring greenbelts, buffer strips, landscaping, berms, fences or other means to protect adjacent or nearby property and designating standards for their installation;
8. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other resources.
E. Effect of Approval of Preliminary Site Plan and Preliminary Plat. After council approval of the preliminary plat, preliminary site plan, and accompanying material and after submission and director of public works approval of the detailed construction plans, the developer may proceed to install the agreed-upon improvements of a public nature, landscaping and recreational facilities, excluding buildings, or to pursue the other options assuring completion of such improvements, landscaping and recreational facilities set forth in Chapter 16.10 KMC. Such improvements shall conform to the approved preliminary site plan and accompanying materials, preliminary plat and the detailed construction plans.
F. Final Approval.
1. Within the time limits for final plats set forth in Chapter 16.08 of this title, the applicant shall submit:
a. A final site plan containing in final form the information required in the preliminary site plan;
b. Covenants conforming to this chapter;
c. Articles of incorporation and bylaws for the property owners association established pursuant to this chapter;
d. Final floor plans of buildings for recreational use and/or passive solar systems and design as granted pursuant, to this chapter;
e. If not included in the final site plan, final landscaping plan showing trees and ground cover to be retained and planted;
f. Final plat.
2. The final plans and final plat shall conform to the approved preliminary plans and preliminary plat. They shall be submitted, reviewed, and in the case of the final plat and the covenants, recorded, in the manner and subject to the limitations and specifications set forth in Chapter 16.08. Copies of the approved final site plan, covenants, articles of incorporation, association bylaws, resolution of approval, final plat, applicant’s written statement of purpose and intent, floor plans, landscaping plans and other supplementary materials shall be filed together in the office of the city clerk-treasurer for the city’s permanent record. (Ord. 1211 § 2 (part), 2007).

A. Permits.
1. No building permit may be issued until recording of the final plat and approval of the final site plan.
2. The construction and improvement, including landscaping, of open spaces and recreational facilities and the installation of improvements of a public nature must be complete or nearly complete before any certificate of occupancy for a dwelling will be issued, except that certificates may be issued for model buildings.
3. Applications for building permits shall be in accordance with the approved final site plan (as to location, dimension, height and bulk of buildings) and floor plans of recreational buildings and, if applicable, residential buildings with active and/or passive solar systems. Submission of a new final site plan or floor plan for review by the commission and council shall be required if any major change from the approved final site plan or floor plan is proposed, including any increase in floor space or number of dwelling units, decrease in amount of parking facilities, location closer to boundary lines, or change in points of ingress or egress.
B. Site Plan Continues to Control After Completion.
1. The final site plan shall continue to control the PUD after its completion. The use of the land and the construction, modification or alteration of a building or structure within the PUD shall be governed by the approved final site plan.
2. After completion of the PUD, no change shall be made in development contrary to the approved final site plan without approval of an amendment to the plan, except as follows:
a. Minor modifications of existing buildings or structures may be authorized by the building inspector if the modifications are not inconsistent with the purposes and intent of the final plan.
b. A building or structure that is destroyed or substantially destroyed may be reconstructed without an amendment of the site plan if the reconstruction complies with the purposes and intent of the PUD.
3. An amendment to a final site plan may be approved if it is required for the continued success of the PUD, if it is appropriate because of changes in conditions that have occurred since the final site plan was approved, or if there have been changes in the development policy of the city as reflected by the comprehensive plan or related land use regulations.
4. No modification or amendment to a final site plan is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the PUD; and all rights to enforce the covenants against any change permitted by this section are expressly reserved.
5. Application for amendment of final site plans shall be considered by the planning commission consistent with the procedural requirements of this chapter. The commission shall forward recommendations to the council, which shall have sole authority to approve or disapprove amendments.
C. Change of Ownership and Expiration of Approval.
1. If a developer sells the PUD parcel after preliminary plan and preliminary plat approval, such sale shall not prevent final plan and plat approval, providing that any succeeding owner agrees to comply with the conditions of preliminary approval and the requirements of this chapter.
2. In the event that approval of a preliminary plat and preliminary plans expires because of failure to meet the time limitations set forth in Chapter 16.08 of this title, uses allowed within the parcel shall be controlled by the zoning district designation and zoning regulations.
3. If work on a PUD is abandoned, meaning that the developer has failed to diligently pursue the project and construction and installation of improvements, buildings and other structures will not be completed, approval of the final site plan shall expire and the city shall so notify the owners and subdivision agents. Any uses or structures that have been completed and that are inconsistent with the zoning ordinance shall be deemed nonconforming uses. Any further construction shall be consistent with the underlying zoning designation and zoning regulations. (Ord. 1211 § 2 (part), 2007).