Bellevue City Zoning Code
CHAPTER 1219
Planned Unit Development
1219.01 INTENT AND CONFLICT.
(a) Intent. The intent of this Chapter is to permit greater flexibility in the design of an area than is possible within the conventional zoning regulations. The use of the Planned Unit Development promotes more economical and efficient use of the land while providing a harmonious variety of housing types, a high level of urban amenities and the preservation of natural scenic qualities of open spaces.
(b) Conflict. Whenever there is a conflict or difference between the provisions of this Chapter and those of other sections of this Zoning Ordinance, the provisions of this Chapter shall prevail.
(c) Permitted Uses. Residential and nonresidential uses shall be permitted in the PUD District provided that all pertinent requirements are met or exceeded.
(Ord. 1-15. Passed 2-23-15.)
1219.02 GENERAL REQUIREMENTS AND STANDARDS.
(a) Minimum Project Area. The minimum size for a PUD District shall be eight (8) contiguous acres.
(b) Relation to Streets. The PUD District shall be located and designed to conform with existing traffic patterns and limitations on the surrounding public streets.
(c) Utilities. The PUD District shall be served adequately by public facilities and services or the persons responsible for the proposed PUD shall be able to provide adequate services.
(d) Common Open Space. There shall be a minimum area equal to twenty percent (20%) of the PUD District reserved for use as common open space. This common open space may consist of pedestrian walkways, drainageways, swimming pools and ponds, parklands, open areas for play, scenic areas, clubhouses, tennis courts or other designated play areas and other open areas exclusive of off-street parking areas and streets or alleys. The ownership of this common open space may either be transferred to a legally established homeowners' association or be dedicated to the City. Council may require the open space or specified portion of it to become part of the park system of the City.
(e) Minimum Residential Lot and Building Requirements. Lot, setback and building requirements of the R-2 Mixed Residential District shall apply to the residential development within the PUD Residential District. However, to permit the efficient design of common open space areas:
(1) The lot area and lot coverage per dwelling unit may be reduced by not more than forty percent (40%).
(2) Lot widths may be varied.
(3) Building setback lines may be varied.
(4) Each foot of building height over the maximum height regulations shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one foot (1').
(5) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(6) The entire area proposed for the PUD District shall be owned, leased or controlled by a single individual, partnership or corporation. After approval of a PUD, all or part of the area may be sold to different parties in accordance with the City's Subdivision Regulations or appropriate waiver of said regulations.
(Ord. 1-15. Passed 2-23-15.)
1219.03 COMMERCIAL USES.
Commercial uses and buildings may be included within the proposed PUD. The permitted uses and lot, building and setback requirements found in the B-2 General Business District shall apply to the commercial uses and buildings in the PUD Commercial District. In addition the following design shall apply:
(a) The commercial uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.
(b) Any combination of screens and landscaping shall be provided on the perimeter of the commercial areas abutting on any residential areas.
(c) The commercial areas shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.
(d) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(e) Variations from the lot, setback and building requirements may be permitted when necessary to allow for a more efficient design of the proposed PUD.
(f) Each foot of building height over the maximum height regulations shall cause the required distance between the buildings and the side and rear property line of the PUD District to be increased by one foot (1').
(Ord. 1-15. Passed 2-23-15.)
1219.04 INDUSTRIAL USES.
Industrial uses that can be integrated into the PUD without detracting from the adjoining non-industrial areas and do not cause the usage of public services, utilities and rights of way to extend beyond their design capacity may be permitted.
(a) The lot, setback and building requirements of the I-I Industrial District shall apply to the Industrial PUD District.
(b) Each foot of building height over thirty-five feet (35') shall cause the required distance between the building and the side and rear property line of the PUD District to be increased by one foot (1').
(c) The industrial uses and structures shall be clustered to provide common parking and ingress and egress points to reduce the number of intersections.
(d) Any combination of screens and landscaping shall be provided on the perimeter of the industrial areas abutting on any residential district.
(e) The industrial areas shall be provided with adequate and properly arranged facilities for internal traffic circulation, landscaping and other such features and facilities necessary to make the project attractive and efficient for the residential development. The design of the structures shall be harmonious with the design of the residential areas within the PUD.
(f) Industrial uses shall be developed in "park-like" surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and outdoor storage of materials or products.
(g) All areas designed for further expansion or not intended for immediate improvement shall be landscaped or maintained in a neat and orderly manner as specified by the Planning Commission.
(Ord. 1-15. Passed 2-23-15.)
1219.05 PUD APPROVAL PROCESS.
(a) The PUD approval process, as a combined zoning amendment and subdivision approval, consists of the following steps:
(1) Submission of completed application, materials and fees to the office of the Zoning Administrator.
(2) Approval of the PUD concept plan by the Planning Commission and recommendation to Council which approval constitutes preliminary plat approval.
(3) Approval of the concept plan by Planning Commission creates a recommendation to Council of approval of the proposed Zoning Amendment.
(4) Approval of the site development plan by the Planning Commission is required prior to submittal of the site development plan to Council. Said approval constitutes final plat approval subject to rezoning approval by Council.
(5) Approval of the site development plan by Council constitutes final plat approval and also creates the PUD District.
(6) Issuance of the zoning certificates by the Zoning Administrator in accordance with the approval site development plan.
(b) Applications for PUD approval may be obtained from the office of the Zoning Administrator and, when completed, three (3) copies of the application and the PUD concept plan shall be returned to that office. The application shall consist of the material required for an application for a zoning amendment as specified in Chapter 1231 and, in addition, the following material which shall constitute the PUD concept plan:
(1) Location of different general land use areas proposed to be developed.
(2) Proposed density levels of each residential area, excluding common open spaces.
(3) Proposed treatment of existing topography, drainageways and tree cover.
(4) Time schedule of projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two (2) year period.
(5) Deed restrictions, covenants, easements and encumbrances.
(6) Any other materials, documents or information as required by the Planning Commission.
(c) The Planning Commission shall adhere to the procedures found in Chapter 1231 in preparing the recommendation transmitted to Council. In addition the Planning Commission shall determine prior to approval that:
(1) The relaxation of the conventional zoning standards is warranted by the design and other amenities incorporated into the proposal and are consistent with intent and purpose of this Chapter to promote the public health, safety and general welfare to the residents of the City, but could not be accomplished using conventional zoning standards; and
(3) Approval of the PUD concept plan shall also be considered as the preliminary plan approval.
(d) The approval of the PUD concept plan and the preliminary plat shall remain in effect for a period of two (2) years from the date of approval. They shall become null and void unless the PUD site development plan for the first section of the planned unit land-holding has been formally approved by the Planning Commission within that two year period.
(e) Once the PUD concept plan has been approved by the Planning Commission and Council, the owner/developer shall submit three (3) copies of the PUD site development plan to the Planning Commission for their approval, approval with modification or denial. The PUD site development plan shall bear the signature of a professional engineer and shall be in accordance with the approved concept plan. The site development plan shall contain the materials required for final plat approval including the detailed construction drawings and:
(1) A survey of the tract to be developed showing existing physical features such as general topography, drainageways, tree cover, street easements and utility lines.
(2) Preliminary building plans, including floor plans and exterior elevations.
(f) Prior to approval of the site development plan, the Planning Commission shall determine that:
(1) The proposed PUD site development plan is in compliance with the approved PUD concept plan.
(2) Any part of the PUD District not used for structures, parking and loading areas or streets, including those areas that are proposed for future development, shall be landscaped or otherwise improved.
(g) The Planning Commission shall submit its recommendation to Council within three (3) days after its approval of the PUD site development plan. Council shall approve, approve with modifications, or deny the site development plan within ninety (90) days of receipt. Council approval of the site development plan shall also be considered as final plat approval.
(i) Prior to granting approval to the site development plan, Council shall be satisfied that the following conditions are met:
(1) That the PUD District is in conformance with the Comprehensive Plan for the City.
(2) That each individual unit of the development, as well as the total development, can exist as an independent unit and that the uses proposed will have a beneficial effect which could not be achieved with conventional zoning.
(3) That the internal streets and major and minor streets that are proposed shall properly interconnect with the surrounding existing major and minor streets in a safe and efficient manner as determined by the Safety-Service Director.
(4) That the minimum common open space area has been designated and shall be duly transferred to a legally established homeowners' association or has been dedicated to and accepted by the City.
(5) That the PUD site development plan is consistent with the intent and purpose of this Zoning Ordinance, to promote the public health, safety and general welfare of the residents of the City.
(j) In taking action, Council may deny the PUD site development plan or may recommend approval of the plan subject to specified conditions. Approval of the PUD site development plan shall constitute the creation of a separate PUD Planned Unit Development Zoning District.
(k) At the time of adopting any ordinance establishing a PUD District and approving the site development plan, Council shall make appropriate arrangements with the owner/developer which shall ensure the accomplishment of the public improvements and reservation of common open space as shown on the approved PUD site development plan.
(l) Zoning certificates shall be issued by the Zoning Administrator and shall be required for each individual structure. Zoning certificates shall be issued only in compliance with the approved PUD site development plan.
(Ord. 1-15. Passed 2-23-15.)
1219.06 SITE DEVELOPMENT PLAN AMENDMENTS AND TERMINATION.
(a) Amendments to the site development plan shall require Planning Commission approval.
(b) If no construction has begun within two (2) years after approval of the site development plan, it becomes null and void.
(Ord. 1-15. Passed 2-23-15.)
1219.07 SUBMISSION OF A COMPLETED PUD.
All future subdivision of a completed PUD shall be first reviewed and approved by the Planning Commission to assure that each subdivided area of the development includes the parking, open space and other similar necessary requirements.
(Ord. 1-15. Passed 2-23-15.)