Cashmere City Zoning Code
CHAPTER 17
62 PLANNED UNIT DEVELOPMENT
§ 17.62.010 Purpose of a planned unit development.
The purpose of the planned unit development (PUD) is to allow a more flexible use of land for residential development in all zones by encouraging the careful application of design components to achieve the creation of innovative housing developments and a more efficient utilization of public facilities in exchange for public benefits that achieve comprehensive plan goals. The PUD can also be used to protect wetlands, floodways, and other critical areas from development. A PUD is one that permits diversity in the location and type of structures; promotes the efficient use of land by facilitating a more economical arrangement of buildings, streets, utilities, and land use; preserves as much as possible critical areas and natural landscape features; and reduces development impacts to adjacent neighborhoods through design and mitigation.
Designation of a property as a PUD binds the property owners and their successors to the development described and depicted in the application, binding site plan and approval of the PUD, and applicable development standards of this chapter. The PUD designation confirms the PUD is consistent with the purpose of and provisions for planned unit developments and the comprehensive plan and provides the standards by which subsequent development permits, including building permits, shall be reviewed.
A PUD shall be reviewed according to the provisions for a quasi-judicial review process as described in CMC Title 14, except as otherwise provided for in this chapter.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.015 Where permitted – Permitted uses.
A.
A PUD, when approved in accordance with the CMC and this chapter, is established as a development permit and, as such, does not reclassify the existing zoning district designation. A PUD may be permitted within any residential zoning district located within the Cashmere urban growth area, provided it is consistent with the comprehensive plan.
B.
A PUD may include the following uses:
1.
A combination of residential dwellings such as single-family attached, single-family detached, modular homes, manufactured homes, duplexes, townhouses, and other similar dwellings in accordance with this chapter and the CMC;
2.
Development of unit building lot(s) for townhouse dwellings and cottage style dwelling developments in accordance with this chapter and the CMC;
3.
Accessory uses specifically designed to meet the needs of the residents of the PUD such as garages, carports, personal and recreational vehicle storage, and other similar noncommercial uses;
4.
Developed recreational facilities such as clubhouses, tennis or racquetball courts, ball fields, trails, sports fields, spa facilities, horse arenas and riding academies, parks, undeveloped recreational areas, open space areas and other similar type uses;
5.
Shared boat docks, launch facilities, and marinas compatible with the purposes of this chapter and the city of Cashmere shoreline master program; and
6.
Cultural, community and entertainment facilities that are compatible with the purposes of this chapter.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.020 Protection of critical areas – Provision of on-site recreation.
A.
Where critical areas exist on a site subject to a PUD, the benefits derived from the PUD, including without limitation decreased lot sizes and increased densities as provided for in this chapter, shall be achieved in exchange for a dedicated protection of another portion of the property containing critical areas; provided, that:
1.
The critical areas to be protected are dedicated in perpetuity, and all future rights for development are traded in exchange for the rights to derive benefits from the PUD process;
2.
Land protected by trading development density shall be protected from encroachment and maintained free of fill material, building and construction wastes, yard wastes and other debris that would diminish the property characteristics that the dedication was intended to protect. Any use of the critical areas on-site shall be governed by Chapter 18.10 CMC et seq., Critical Areas Code; and
3.
Where critical areas within the development account for less than 25 percent of the overall area of the development, additional on-site recreation and open space areas, as provided for in this chapter and in the applicable zoning code provisions, shall be provided in addition to retention of critical areas in an amount that achieves a total area in critical areas/open space/on-site recreation use of at least 25 percent.
B.
Where no critical areas exist on a site subject to a PUD, the benefits derived from the PUD, including without limitation decreased lot sizes and increased densities as provided for in this chapter, shall be achieved in part in exchange for a dedication of another portion of the property as an on-site recreation and/or open space area consistent with the provisions of this chapter and other applicable sections of the zoning code, that total at least 25 percent of the overall development; provided, that:
1.
The on-site recreation may include a combination of natural areas, parks, landscaped areas, trails, and/or visual corridors; provided, that a minimum of 10,000 square feet or 60 percent of the on-site recreation, whichever is greater, is contiguous usable space;
2.
The on-site recreation area/areas are dedicated in perpetuity, and all future rights for development are traded in exchange for the rights to derive benefits from the PUD process.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.025 Dedicated lands.
All lands dedicated for the preservation of critical areas, creation of open space or establishment of recreation facilities shall be held in common interest by all of the property owners within the planned unit development or remain in individual ownership, or donated to a public agency. Perpetual restrictions shall be placed upon the title to all dedicated areas and on the face of the PUD indicating that:
A.
All land uses and development shall be limited to the stated purpose of the dedicated property.
B.
All property owners within the planned unit development shall be mutually responsible for the maintenance and preservation of the dedicated lands.
C.
Dedicated lands shall be maintained free of any liens or encumbrances that could interfere with the stated purpose of the dedication.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.035 Density credits.
A.
The maximum number of dwelling units permitted per acre for a PUD shall be determined by utilizing the maximum density levels established by the comprehensive plan and zoning regulations, and the amount of public benefit or design elements provided within the proposed development. In all districts, exceeding the maximum density permitted within the district requires the connection to a domestic sanitary sewer system.
Residential Densities | ||
|---|---|---|
Land Use Designation | Allowed Residential Density | Density – Not to Exceed |
Single-Family | 6 units per acre | 8 units per acre |
Suburban Residential | 1 to 4 units per acre (depends on sewer service) | 6 units per acre |
Airport Residential | 1 to 4 units per acre (depends on sewer service) | 6 units per acre |
Multifamily | 15 units per acre | 20 units per acre |
Downtown Business | Upper level, secondary use only | Upper level, secondary use only |
Commercial-Industrial | None | None |
Warehouse | None | None |
Public | None | None |
B.
Density shall be achieved by incorporating at least eight of the following 15 items into the design and construction of the PUD:
1.
On-site storm water drainage retention facilities are integrated as usable recreation areas with a slope ratio not exceeding four units horizontal to one unit vertical.
2.
Where a PUD is proposed along an existing transit route, transit stops and the construction of shelters, pull-outs and other associated transit systems shall be integrated into the project.
3.
Trees shall be planted adjacent and along the entire frontage of public and/or private street rights-of-way on the property being developed. Planting areas shall be a minimum of five feet in width and consist of a minimum of 60 percent deciduous trees at least four feet high at the time of planting on no greater than 50-foot centers. Suitable groundcover including grasses and/or low-growing shrubs to complement the trees shall also be provided.
4.
Where a proposed PUD consists of more than 10 units, parking areas are kept small (10 to 20 spaces) in any group and interspersed with landscaping, recreation features, structures, or other similar uses when applicable.
5.
Provisions shall be made for bicycle, pedestrian and/or natural trail systems, the majority of which are physically and functionally separated from motor vehicle traffic by a distance of 10 feet or more. Separation may include such features as landscaping, undulated berms, natural features, topography, open space, or other similar features. Trail systems shall encompass the entire development and may be incorporated as part of the on-site recreation required. The trail system components shall connect all public open space, drainage ways, shoreline areas and other trail systems designated in the comprehensive plan. Trail system components shall be a minimum of eight feet wide and improved with an all-weather surface suitable for the type of trail proposed.
6.
Natural drainage ways shall be incorporated into the overall PUD design and left undisturbed or enhanced with native ornamental landscaping when applicable.
7.
Significant recreational areas shall be developed and equipped with such features as swimming pools, tennis courts, commercial-grade playground equipment, community centers or other significant features.
8.
Site may incorporate duplex, multifamily or unit building lot(s) dwellings.
9.
Solar design and access considerations shall be incorporated into the design of the development and proposed buildings. This may include using topographical features of the development, siting criteria for structures, or specific structure design requirements for solar use.
10.
Accessory features such as benches, trash cans, tables and other similar attributes to enhance the character of the open space or other features shall be provided in the development. This shall not include primary garbage disposal areas. Trash cans shall be 42 inches high with a total radius of two feet or less. The accessory features shall be consistent with the overall design of the development.
11.
An area shall be designated and developed with each PUD phase for the storage of personal property and/or recreation vehicle storage. Storage areas shall be sized and designed for the sole use of the residents within the development. Common features shall include perimeter landscaping to screen them from view, accessibility to all residents, minimal lighting, and similar architectural features as the proposed residential structures. Signs for advertising purposes are prohibited.
12.
Pedestrian access, trails and minimum requirement of 30 percent for open space and recreation amenities shall be provided and incorporated into the PUD.
13.
Landscape decks/garden porches shall be incorporated into the design of all duplexes and multifamily units.
14.
The PUD shall incorporate some other unique site and/or design features not listed above that distinguish it from a typical subdivision. The hearing examiner shall determine the applicability and appropriateness of this provision during the review process for each PUD.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1108 § 5, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.050 Project description.
A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the PUD, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the PUD shall be submitted.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.060 Association documents.
An outline of the documents of the owner's association, bylaws, deeds, covenants and agreements governing ownership, maintenance and operation of the PUD shall be submitted. PUD covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The city may require that it be a third-party beneficiary of certain covenants with the right but not obligation to enforce the same.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.070 Phased developments.
If a PUD is planned to be completed in more than two years from the date of site plan approval, the PUD will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur. The PUD site plan for each phase shall be approved separately through a "full administrative review" process pursuant to CMC Title 14, and shall be consistent with all provisions of the PUD.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.100 Expiration.
A PUD expires unless final approval is obtained from the city and recorded by the Chelan County auditor within two years from the date of approval. For a PUD that includes phases as permitted by this chapter, the PUD shall expire unless final approval is obtained for the first phase from the city, with subsequent phases falling within the identified phasing schedule, and recorded by the Chelan County auditor within two years from the date of approval. Minor revisions to the phasing schedule of a PUD that has not expired pursuant to this section may be granted by the city provided the schedule is consistent with the overall time frame anticipated for build-out of the PUD. An applicant who files a written request with the city administrator within 30 days before the expiration date shall be granted a one-year extension upon a showing of a good faith effort to file the site plan or showing substantial progress of conditions of approval.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.110 On-site recreation and/or open space design requirements.
The following are minimum design requirements for PUDs that may incorporate on-site recreation and/or open space in lieu of density credits:
B.
The location, shape, size and character of the open space shall be configured appropriate to the scale and character of the planned density, expected population, and topography of the area. On-site recreation areas shall be centrally located in the development and designed for active and passive recreation unless otherwise approved by the hearing examiner.
C.
A minimum of 60 percent of the on-site recreation or open space shall be concentrated and/or connected into large usable areas. The remaining 40 percent may be designated as buffers, entry features, recreation facilities, streetscape, and/or used for a natural trail system or other uses approved by the hearing examiner.
D.
On-site recreation areas or open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PUD; provided, that the building coverage of such buildings or structures shall not exceed 50 percent of the minimum on-site recreation or open space required.
E.
At least 60 percent of the on-site recreation area or open space required shall be reasonably level to accommodate active recreational uses with slopes no greater than six percent. On-site recreation areas shall be located on a public or private street with a minimum frontage width of 30 feet if the site is two acres or less in size and 60 feet of frontage width for areas larger than two acres.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)
§ 17.62.120 Minimum development standards.
A.
Yard, Setback, and Width Requirements. The minimum yard, setback, and width requirements otherwise applying to the development in the zoning district may be modified from the standards of the district, provided:
1.
The minimum front, side and rear yard requirement on the exterior boundaries of the proposed PUD shall not be less than 20 feet, unless a sight-obscuring fence and/or landscape strip is provided allowing for five-foot yard areas adjacent to said fence and/or landscaping. The minimum front yard area adjacent to a public street within the interior of the PUD shall not be less than 15 feet. Interior yards and setbacks, including the yard areas adjacent to private streets, shall be as approved on the PUD site plan and each development will be reviewed to ensure adequate provision of light, air and life safety for all structures.
2.
All buildings that are not attached or do not have common walls shall be separated by a minimum distance of 10 feet.
B.
Minimum Lot Size. The minimum lot size within a PUD may be modified from the normal standards of the district and reduced by 35 percent of the district requirement unless utilizing unit building lot division for townhouses or cottage style housing developments. Regardless of reduced minimum lot sizes, at no time shall the overall density of the development exceed the maximum densities identified in this chapter.
C.
Maximum Building Coverage. The maximum lot coverage may be increased by 25 percent of the normal district requirement.
D.
Maximum Building Height. The maximum building height within a PUD shall be the same as permitted in the district. Whenever possible, development of the PUD shall be designed to maximize views for each dwelling unit and to ensure that the views of surrounding properties have been considered.
E.
Landscaping. Landscaping shall be required at entries into a PUD, for on-site recreation areas and facilities, and in conjunction with multifamily complexes. Natural landscape features including existing trees, shrubs and groundcover, drainage ways, rock outcroppings, and slopes shall be preserved to the greatest extent possible.
F.
Buffer. A buffer shall be required when a PUD has a density and/or intensity greater than that allowed within the applicable zoning district. The buffer shall include a combination of additional landscaping, fencing, increased setbacks and/or other alternatives that mitigate impacts to adjacent properties.
G.
Parking Requirements. Parking shall be provided in the same ratio as required for the district and shall meet the minimum provisions established in Chapter 17.54 CMC and the following:
1.
For each 10 multifamily dwelling units, four additional parking spaces shall be required for visitor parking when on-street parking is unavailable. Special considerations may be given to low traffic generators such as senior citizen or assisted living housing.
2.
Additional parking/storage areas shall be required for recreational vehicles (RVs) such as campers, boats, trail bikes, motor homes and other similar vehicles unless these types of vehicles are precluded by the developer in the form of covenants or other restrictions, approved by the director. When 30 or more dwelling units are proposed, one parking space shall be provided for every 10 dwelling units. The size of the parking/storage area shall be based on the following:
H.
Special Areas. A PUD that is adjacent to any lake, river, drainage or other waterway shall provide pedestrian or vehicular access in accordance with Chapter 18.10 CMC et seq., Critical Areas Code.
I.
Flexible Standards. A PUD may allow development standards different from those imposed under the CMC, except as provided in the applicable district in relation to permitted uses and provided a clear description of the approved development standards is provided. Any approved development standards that differ from that otherwise required by the city shall not require any further zoning district reclassification, variance from the CMC or other city approval apart from the PUD and any subsequent associated construction plan approvals. The development standards as approved through the PUD shall apply to and govern the development and implementation of each PUD site in lieu of any conflicting or different standards or requirements elsewhere in the CMC.
(Ord. 1039 § 1, 2004; Ord. 1097 § 1, 2007; Ord. 1108 § 6, 2007; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1264 § 1 (Exh. A), 2017)