Deer Park, WA Zoning Ordinance

§ 18.68.010 Definitions.

Certain words and phrases as herein defined shall govern the interpretation of this chapter:

"Common open space"

means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit residential development, and designed and intended for the use or enjoyment of residents of a planned unit development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.

"Enforcing officer"

means that the mayor or his designate shall be the enforcing officer.

"Homeowners association"

means an incorporated, nonprofit organization operating under recorded land agreements through which:

Each lot owner is automatically a member; and

Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining common property; and

A charge, if unpaid, becomes a lien against the property.

"Land owner"

means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development; a contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a land owner for the purpose of this title.

"Legal ownership"

means the proprietary interest of a land owner as defined in subsection D of this section.

"Planned unit development"

means any residential development approved and developed in accordance with the terms of this title, including a plat or subdivision of such land.

"Residential development"

means any development designed and intended primarily for residential use regardless of the type of building in which such residence is located; i.e., conventional single-family residences, town houses, duplexes, fourplexes or apartment houses.

(Ord. 394 § 2.38.02, 1981)

§ 18.68.020 Purpose.

The purpose of this chapter is to encourage imaginative design and the creation of open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of this title. Toward this end, it is the further purpose of this chapter to:

Preserve and create environmental amenities superior to those generally found in conventional developments;

Create or preserve usable open space for the enjoyment of the occupants;

Preserve to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways and views;

Encourage development of a variety of housing types;

Provide for maximum efficiency in the layout of streets, utility networks and other public improvements;

Provide a guide for developers and city officials in meeting the purpose and provisions of this chapter.

(Ord. 394 § 2.38.04, 1981)

§ 18.68.030 General requirements.

An application for tentative approval of a planned unit development, as set forth in DPMC § 18.68.070, shall comply with the Type III (quasi-judicial) application procedures set forth in DPMC Title 19. An application for final approval of a planned unit development, as set forth in DPMC § 18.68.080, or an application for a major adjustment to approved plans, as set forth in DPMC § 18.68.090, shall be processed as Type II (administrative) applications in accordance with the requirements of this chapter and DPMC Title 19.

All planned unit development projects shall bear the burden of perimeter transition and demonstrate that there is a general public benefit to be gained by the degree of deviation from the zoning regulations proposed in the project, including, but not limited to:

Additional or improved relationship of open spaces;

Additional public facilities, such as:

Pedestrian walks,

Traffic circulation,

Public access to lakes or streams;

Preservation of a natural asset such as an historic landmark, streams, or view.

Planned unit developments shall provide the following facilities:

In accordance with code requirements, paved streets, curbs and gutters, sanitary sewers, street lighting, all necessary landscaping and off-street parking;

As directed by the planning commission, sidewalks and storm sewers.

(Ord. 394 § 2.38.06, 1981; Ord. 722 § 128, 1998)

§ 18.68.040 Where permitted – Zones designated.

Planned unit developments may be permitted in the following land use districts:

R-1A;

R-2A;

R-2B;

R-3A;

R-3B.

(Ord. 394 § 2.38.08, 1981; Ord. 583 § 33, 1990)

§ 18.68.050 Permitted uses.

In a planned unit development the following uses are permitted:

Those uses first permitted as a matter of right in the underlying zone;

Residential developments of all types as defined in Chapter 18.28 DPMC;

Accessory uses specifically geared to the needs of the residents of the planned unit development such as schools, churches and recreation facilities of a noncommercial nature;

Retail uses where such uses are consistent with the comprehensive plan and where such uses would be permitted without a planned unit development;

Any combination of the above uses provided that the design features of retail and accessory uses shall be carefully coordinated with residential development in the planned unit development.

(Ord. 394 § 2.38.10, 1981)

§ 18.68.060 Development standards.

The following standards and criteria shall govern the interpretation and administration of this chapter:

Site Acreage Minimum. The minimum site for a planned unit development shall be three acres for exclusively residential developments, and five acres for developments combining retail and/or accessory uses with residential use. The site shall abut a dedicated street and the major arterial street serving the planned unit development shall be connected to at least one primary arterial, community arterial or neighborhood collector street as defined in the comprehensive plan.

Minimum Lot Size. The minimum lot size provisions of other sections of this title are waived in a planned unit development, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to determine planned unit development densities.

Setback and Side Yard Requirements. Setbacks and side yards in a planned unit development shall be as required by the planning commission.

Off-street Parking. Off-street parking shall be provided in a planned unit development in the same ratios for types as underlying zones.

Platting Requirements. A planned unit development shall be exempt from the specific design requirements of the subdivision control ordinance. When any parcel of land in a planned unit development is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the municipal code and applicable state laws pertaining to the subdivision of land shall be followed.

Design Standards.

Open space required shall be as follows:

A common open space. Each planned unit development shall provide not less than 28 percent of the gross land area for common open space which shall be either:

(1)

Held in common ownership by all of the owners in the development area; or

(2)

Dedicated for public use, if acceptable to the city.

Private open space. Private, usable open space shall be provided for each dwelling unit in a planned unit development as follows:

(1)

For single-family structures, detached or attached, private open space shall be at ground level, and shall be equal to 20 percent of the site covered by the dwelling unit, except that in no case shall this open space be less than 200 square feet;

(2)

For dwelling units in multiple residential structures, having no direct access to ground level, private open space shall be provided in the following amounts: (A) for dwelling units one story above grade, an area (balcony or deck) equal to a minimum of 10 percent of the gross square footage of the dwelling unit, and (B) for dwelling units two or more stories above grade, an area (balcony or deck) equal to a minimum of five percent of the gross square footage of the dwelling unit.

Land Area and Dwelling Unit Computations. Open space and street areas are computed as follows:

Street Right-of-Way. Streets in a planned unit development shall be computed at 20 percent of the gross land area, regardless of the amount of land actually used for streets in the final design.

Density and Development Formula. In a planned unit development, the planning commission may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone; provided, that the environmental amenities sought by this title are met. Development areas are to be computed according to the following formula:

G is gross land area in square feet.

S is street area (i.e., 20 percent of G) in square feet.

C is common open space (i.e., 28 percent of G) in square feet.

DU is number of dwelling units.

M is minimum lot size in square feet of underlying zone or land area per dwelling unit in square feet, whichever is smaller.

N is net developable area (G – S) in square feet.

Dwelling units permitted are computed as follows:

DU = N x 1.2 ÷ M

Example: In a three acre site, 15 dwelling units are permitted under conventional development procedures. Planned unit development standard would permit 18 using the formula shown.

Maximum Site Coverage. Site coverage shall be not more than the square footage permitted by the underlying zone based on conventional subdivision design and on the open space requirement of the zone.

Example: In the R-S and R-L zones, the minimum lot size permitted is 7,000 square feet. This title requires 60 percent open space, which means a maximum building site of 2,800 square feet per dwelling unit. In a planned unit development the same maximum coverage per structure would apply.

Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the planning commission. Such landscaping shall be maintained by the homeowners association, and shall be subject to periodic inspection by the city. In the event that such landscaping is not maintained in a reasonable manner, the city shall have the right to provide for the maintenance thereof and bill the homeowners association accordingly. If unpaid, such bill shall be a lien against the homeowners association.

Relationship to Adjacent Areas. The design of a planned unit development shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned unit development shall be so designed as to minimize undesirable impact of the planned unit development on adjacent properties and, conversely, to minimize undesirable impact on adjacent land use and development characteristics of the planned unit development.

Setback Requirements. Setbacks from the property line of the planned unit development area shall be comparable to or compatible with those of the existing development of adjacent properties or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning on such properties or the projections of the comprehensive plan. In no event shall such setback be less than 10 feet.

Streets. All public streets within or adjacent to a planned unit development are to meet city standards in force at the time of application.

(Ord. 394 § 2.38.12, 1981; Ord. 825 § 3, 2005)

§ 18.68.070 Application for tentative approval.

Who May Apply. Any owner or group of owners of property acting jointly may submit an application for a planned unit development, or a developer authorized to act as agent for an owner or group of owners.

Preapplication Conference. Every property owner or developer who considers developing property in accordance with the planned unit development chapter is advised and urged to confer with the enforcing officer regarding the provisions of this title as they would pertain to the property under consideration. This should be done prior to submitting a formal application and prior to incurring obligations or making binding commitments in the preparation of plans, surveys and other data necessary for the processing of a formal planned unit development application.

Documentation Required With Application. An application for planned unit development shall include the following:

Vicinity map showing the location of the site and its relationship to surrounding areas;

A map of the site drawn to a scale of not less than 50 feet nor more than 100 feet to the inch showing the following:

Names and dimensions of streets bounding or touching the site,

Pedestrian and vehicular circulation patterns,

Existing and proposed topography at contour intervals not less than five feet in areas having slopes exceeding five percent and not less than two feet in areas having slopes less than five percent,

Proposed buildings including identification of types and number of dwelling units in each,

Dimensions between buildings,

Off-street parking facilities,

Locations and dimensions of common open space,

Such other major features as existing streams, lakes, canals, railroads, rights-of-way or easements, which may affect or be affected by the proposed planned unit development;

Preliminary building plans including floor plans and exterior designs and/or elevation views;

Preliminary engineering plans including site grading, street improvements, drainage and public utility extensions;

In addition to the graphic illustrations noted above, the developer shall submit a written statement providing the following information:

Program for development including staging or timing of development,

Proposed ownership pattern upon completion of development,

Basic content of restrictive covenants,

Provisions to assure permanence and maintenance of common open space through homeowners association formation, condominium development or other means acceptable to the city,

Statement or tabulation of dwelling unit densities proposed,

Statement describing the relationship of the proposed planned unit development to the comprehensive plan.

(Ord. 394 § 2.38.14, 1981)

§ 18.68.080 Application for final approval.

Time For Filing Application. An application for final review and approval shall be filed by the applicant within 12 months of the date on which tentative approval was given by the planning commission. An extension of time may be requested in writing by the applicant and an extension not exceeding six months may be granted by the planning commission. If application for final approval is not made within 12 months or within the time for which an extension has been granted the plan shall be considered abandoned and the development of the property shall be subject to the normal requirements and limitations of the underlying zone and the subdivision title.

Final Approval For Part of a Planned Unit Development. An application for final review and approval may be filed for part of a planned unit development area for which tentative approval has been granted by the planning commission. A final plan for a part of a planned unit development shall provide the same proportion of open space and the same overall dwelling unit density as the overall plan tentatively approved.

If that portion of the planned unit development for which final approval is requested does not provide such open space, the developer shall file in escrow a quitclaim deed in favor of the city for such additional land area adjacent and accessible to the site and of sufficient size to provide the open space required to meet the standards of DPMC § 18.64.060(A). In the event that the developer abandons the remaining portions of the tentatively approved planned unit development the escrow agent shall deliver the quitclaim deed to the city.

Performance Bond. The applicant shall, if required by the planning commission, furnish the city with a performance bond in order to assure the development as specified.

Documentation Required. A final planned unit development map shall show the same information and the data required of regular plats as required by the subdivision title. In addition, the map shall show all such special features and dimensions required by the planning commission as a condition for tentative approval.

In addition to the above, the application shall be accompanied by such other documentation, information and data not lending itself to graphic presentation such as restrictive covenants, incorporation papers and bylaws of homeowners association, dedications of easements, rights-of-way and other conditions specifically required by the planning commission for the particular planned unit development.

(Ord. 394 § 2.38.16, 1981)

§ 18.68.090 Administration and enforcement.

Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when in the opinion of the building inspector, the work to be performed meets the requirements of the final plan and program elements of the planned unit development. Application for a building permit shall be accompanied by:

Written statement defining starting date and completion date;

Submission of any required bonds;

Deeds for public dedication;

Complete project site plan.

Minor and major adjustments shall be as follows:

Minor adjustments may be made and approved by the building inspector when a building permit is issued. Minor adjustments are those which may affect precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved in the final plan, nor the density of the development or the open space requirements;

Major adjustments are those which, in the opinion of the building inspector, substantially change the basic design, density, open space or other requirements of the planned unit development. When in the opinion of the official, a change constitutes a major adjustment, no building or other permit shall be issued without prior review and approval by the planning commission of such adjustment.

Filing of Applications. Applications for tentative or final approval of planned unit development plans shall be filed with the mayor or his designate.

Hearings on Planned Unit Development Applications. Public hearings and notice of such hearings shall be held.

Schedule of Fees and Charges. Fees and charges for filing planned unit development applications shall be in accordance with adopted fee and charge schedule.

Duration of Control. The regulations and controls of the planned unit development chapter in effect at the time of authorization of a planned unit development project shall remain in full force and effect for the life of the project.

Construction to Begin. Construction of the planned unit development project shall begin within one year from the date of the final approval of the plan. An extension of time for beginning construction may be requested in writing by the applicant, and such extension not exceeding six months may be granted by the council. If construction is not begun within one year or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the normal requirements and limitations of the underlying zone and the subdivision title.

Resubmittal of Planned Unit Development Applications. An application for planned unit development approval may be resubmitted in not less than six months from the date of expiration.

(Ord. 394 § 2.38.18, 1981)

Deer Park City Zoning Code

CHAPTER 18