A. Purpose: A PUD is a flexible zoning concept that results in as good or better use of land than that produced through the standards of the regular zone classifications. The uses within the PUD depend on the uses in the underlying zone. The residential densities and bulk and scale of the development within the PUD may vary to provide more flexibility and creativity in addressing the site and project aesthetics, natural areas, and open space planning. An approved PUD is an overlay zone, enacted as part of the final approval action which may also include subdivision, binding site plan, or master plan approval.
B. Classifications Of Planned Unit Development Districts: Planned developments may be either residential or nonresidential in character. A "residential PUD" means that the principal purpose of the PUD is to provide one or more types of housing at densities of dwellings the same as densities permitted by the underlying zone and where all other uses shall be considered accessory, supportive, or adjunct to housing. A "nonresidential PUD" means a development where the majority of uses are intended for purposes other than housing such as: retail, service, industrial and manufacturing, and where residential uses as are allowed by the underlying zone secondary in purpose to intended use of the project.
C. Minimum Area Required:
1. Residential PUD: One acre.
2. Nonresidential PUD: None.
D. Staging: The applicant may elect, or the city may require that the development of a PUD be accomplished or constructed in stages; provided, that when a residential PUD is developed in stages, the cumulative density of all phases shall not exceed the approved overall density of the entire PUD.
E. Redevelopment; Street Vacations: When the city determines that the location, configuration and/or condition of existing structures on site may threaten the public health, safety or welfare, it may require the removal of all or portions of existing structures. It is the further purpose of this section to encourage development of a PUD upon contiguous land and property. When deemed appropriate and necessary, the city may require the vacation of all or portions of existing streets within the PUD project area. The city may, as an alternative to vacation of streets, permit the inclusion of existing rights of way within a PUD, when it can be shown that the existing rights of way serve a functional purpose for the PUD and do not act to separate or divide a PUD into noncontiguous units. Rights of way within the context of this section shall not include freeways, limited access highways or major arterials.
F. Uses Permitted In PUD:
1. Residential: Housing concepts of all types limited only by the density commensurate with the underlying zone upon land either subdivided into two (2) or more ownerships or held in common, unified, or single ownership. Examples include the following:
a. Condominiums, apartments and townhouses.
b. Customary accessory uses and structures common to individual or group dwellings.
c. Group residence.
d. Manufactured home parks and subdivisions.
e. Nonresidential uses such as schools, churches, libraries or other conditional uses allowed in residential zones.
2. Nonresidential: Uses permitted by the underlying zone.
3. Unclassified And Conditional Uses: Unclassified uses and conditional uses, if permitted in the underlying zone and as specifically authorized by the final development plan.
G. Procedure For Approval: The approval of a PUD shall be considered an amendment to the official maps and, except as provided in this section, shall be processed as is any other amendment with respect to notice, hearings, and appeals pursuant to this title. A two (2) step procedure shall be followed in the approval of a PUD as follows:
1. The approval of a preliminary development plan after public notice and hearing.
2. The final PUD approval shall not become final and effective until the date the final development plan is approved and overlay zone is adopted. The final development plan may be approved and adopted by stages. The final development plan shall be approved when the City determines that the development conforms with the approved conditions established in the preliminary development approval.
H. Decision Criteria: The action by the City to approve a preliminary development plan for a proposed PUD with or without modifications shall be in writing based upon the following findings:
1. The proposed development is in substantial conformance with the comprehensive plan, the intent of the underlying zoning, and applicable City design standards.
2. Exceptions from the standards of the underlying district are warranted by the design and amenities incorporated in the development plan and program.
3. The proposal does not adversely impact the surrounding area or its potential future use.
4. The system of ownership and means of developing, preserving, and maintaining common open space is consistent with the size, design and scale of the project.
5. The approval will result in a beneficial effect upon the area which could not be achieved under other zoning districts.
6. The proposed development or units thereof will be pursued and completed in a conscientious and diligent manner.
7. The proposed development will not preclude the use of LID BMPs if LID BMPs are feasible for existing site conditions or existing site characteristics.
I. Project Limitation: The City, in order to protect the public health, safety, welfare, and general interest may limit or restrict development in a PUD or any portion thereof in relationship to the size of the area being developed or redeveloped with the nature of uses intended, lot coverage, parking and loading requirements, provisions for open space, adequacy of roads and utility systems to accommodate the use as well as to minimize the impact the development will have on the existing or intended development of adjacent lands and the general neighborhood.
J. Permissive Variation From Standard Requirements: In considering a proposed development plan, the approval may involve modifications in the regulations, requirements, and standards of the underlying zone in which the project is located so as to appropriately accomplish the purpose of this section. In making such modifications as are deemed appropriate, the following guidelines shall apply:
1. Off Street Parking And Loading: The total required off street parking facilities should not be less than the sum of the required parking facilities for the various uses computed separately.
2. Common Walls: In projects receiving final approval where units intended for individual ownership will have common walls, the City may issue building permits for construction of those units prior to approval of a final PUD, although occupancy of said units will not be allowed until the final approval.
3. Height Of Buildings: The height of buildings and structures within a PUD should be limited to the height permitted by the underlying zone, or as required as a special limitation. The height of buildings and structures may be increased in relationship to provisions for greater open space and separation between buildings on the same or adjoining property and when adequate provision is made for light, air, and safety.
4. Lot Area Coverage: The maximum lot coverage within a PUD or any portion thereof shall be determined at the time of consideration of a preliminary development plan.
5. Yards: The requirement for yards in a PUD should be same as required by the underlying zone for those yards abutting the exterior boundary of the PUD. Yard requirements for any yard not abutting or adjoining the exterior boundary of the PUD shall be as authorized in the preliminary development plan.
K. Subdivisions: When it is the intention of an applicant to subdivide or resubdivide all or portions of property within a proposed PUD, a preliminary subdivision approval shall be considered concurrently with an application for approval of a preliminary development plan. The minimum lot provisions specified in the underlying zone district may be qualified if the design of the subdivision is in accordance with the intent and purpose of this section and the resulting overall density of the project is consistent with the underlying zoning.
L. Final Development Plan; Time Limitation: A final development plan meeting all requirements of this chapter shall be submitted to the City for approval within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. A final development plan meeting all requirements of this chapter shall be submitted to the City for approval within ten (10) years of the date of preliminary plat approval if the project is not subject to requirements adopted under chapter 90.58 Revised Code of Washington and the date of preliminary plat approval is on or before December 31, 2007. Nothing contained in this section shall act to prevent the City from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. When deemed reasonable and appropriate, the Administrator may grant an extension of one year for such submittal. If at the date of expiration of the time period provided herein, a final development plan has not been filed for approval, the preliminary PUD approval shall expire and the applicant shall be required to resubmit an application for preliminary approval to reinstate the project.
M. Application: Submittal of an application for preliminary PUD approval shall include:
1. A completed application form;
2. A preliminary PUD development plan including:
a. Topographical and other site data depicting:
(1) Boundary lines including bearing and distance;
(2) Easements, including location, width and purpose;
(3) Streets on and adjacent to the tract, including name, right-of-way width, location, and type, width, and elevation of surfacing, walks, curbs, gutters, culverts, etc.;
(4) Number of residential lots and typical lot size;
(5) Lot layout with lot line dimensions, the area in square feet contained in each lot and minimum building setback lines;
(6) The location and use of all existing buildings within the proposed project indicating which buildings are to remain and which are to be removed;
(7) Ground elevations on the tract, based on a datum plane approved by the City Engineer;
(8) Other conditions on adjacent land, including:
(A) Approximate direction and gradient of ground slope, including any embankments or retaining walls;
(B) Character and location of buildings, railroads, power lines, towers, and other nonresidential land uses or platted lands within three hundred feet (300') of the subject property (subdivision plats should be referred to by name, recording date, volume and page number, with lot size and dwelling units shown);
b. Utilities on and adjacent to the tract, including:
(1) Location, size and invert elevation of sanitary, storm and combined sewers;
(2) Location and size of water mains;
(3) Location of gas lines, fire hydrants, electric and telephone poles, and streetlights;
(4) If water mains and sewers are not adjacent to the tract, indicate the direction and distance to, and size of, the nearest ones, showing invert elevation of sewers;
c. Proposed sanitary, stormwater and water systems plan with points of connection, grades and sizes indicated;
d. Proposed public improvements, including highways or other major improvements planned by public authorities for future construction on or near the tract;
e. Typical cross sections of proposed grading, roadways and sidewalks within the proposal;
f. Profiles of all proposed streets within the proposal showing the grade to which the streets will be built and the existing ground line of the proposed streets including probable future extensions of any stub (dead end) streets for a maximum distance of one hundred fifty feet (150') beyond the boundaries of the project (or, as an alternative, the site plan may show topography, certified by a registered engineer or surveyor, in 2 foot contours within 50 feet of each side of the centerline of all probable extensions of any stub [dead end] streets for a distance of 150 feet beyond the boundaries of the proposed subdivision);
g. Sites, if any, to be reserved or dedicated for parks, playgrounds, or other common or public uses;
h. Site plans for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings;
i. Zoning district designations, on and adjacent to the tract;
j. Other conditions on the tract including:
(1) Rock outcroppings;
(2) Location and disposition of any wells, creeks, drainage courses, drainageways, 100-year floodplain boundary and easement in or within two hundred feet (200') of the proposal;
(3) The location of all trees more than six inches (6") in diameter at a height of four feet (4') above grade within the proposal, and for one hundred fifty feet (150') beyond the terminus of all dead end streets allowing that:
(A) Individual trees in a stand of five (5) trees or more need not be shown, but the area covered by the stand (the drip line) shall be shown;
(B) For trees outside of the subdivision boundaries, the location of said trees may be based on aerial photographs or other methods acceptable to the City Administrator;
(4) The location of identified hazards or development limitation areas identified by the city of Orting sensitive area map;
(5) The location of any state shorelines and associated wetlands as defined by state law and the city of Orting shoreline master program;
3. A vicinity map extending at least eight hundred feet (800') in each direction from the proposed project, or further if necessary to assist in locating the site. The vicinity map shall be drawn to scale of one inch equals eight hundred feet (1" = 800'). The vicinity map shall show the following:
a. Street layout;
b. Existing and tentatively approved street layout within eight hundred feet (800');
c. Zoning designations within and adjacent to the site;
d. All property lines within eight hundred feet (800') of the site;
e. Streams or watercourses and public facilities, such as schools and parks;
f. All 100-year floodplain and designated shoreline boundaries in and within eight hundred feet (800') of the proposed subdivision;
g. Any other pertinent information that will assist in locating the proposed project;
4. Drawings and text illustrating and describing the scale, bulk and architectural character of proposed structures;
5. A written statement addressing the decision criteria (subsection H of this section) and any other information required by the city at the preapplication meeting;
6. Draft conditions, covenants, and restrictions pertaining to the operation and maintenance of the development, including all common areas, private streets (if any) and recreational facilities; and
7. Mailing labels of all property owners as provided in title 15, chapter 7 of this code.
N. Manufactured Home Parks: Manufactured home parks operated as commercial enterprises leasing sites and/or homes without platting shall be subject to the following:
1. Density shall not exceed the densities established in section 13-5-1 of this title.
2. Only one manufactured home or recreational vehicle shall occupy any space in the park, subject to the following.
a. A recreational vehicle may stand or be parked for an indefinite period in a manufactured home park, provided the recreational vehicle is connected to sewer or a Tacoma-Pierce County health department approved septic system, water, and electricity, and the recreational vehicle contains at least one internal toilet and at least one internal shower; provided, that if this requirement is not met, a manufactured home park must provide toilets and showers in lieu of having the facilities within the recreational vehicle.
3. Setbacks shall conform to the underlying zoning and building code.
4. Storage areas comprising not more than ten percent (10%) of the total manufactured home park site for recreational vehicles, boats, and trailers shall be provided. Such areas shall be paved or surfaced with crushed rock and enclosed by a sight obscuring fence, wall or landscape visual buffer.
(Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2018-1028, 4-25-2018; Ord. 2019-1053, 11-25-2019; Ord. 2019-1057, 1-8-2020)