It is the intent of this section to:

1.

Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning requirements than is generally permitted by other sections of this title;

2.

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

3.

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

4.

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

5.

Encourage development of a variety of housing types;

6.

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

7.

Provide a guide for developers and county officials in meeting the purpose and provisions of this section.

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

Planned residential development may be permitted in the following zoning districts consistent with the development standards in Section 20.30.050:

1.

Chapter 20.09 (rural residential—1/5);

2.

Chapter 20.15 (residential—3—6/1, only in the Grand Mound Urban Growth Area);

3.

Chapter 20.21 A (residential—4—16/1, only in the Grand Mound Urban Growth Area);

4.

Chapter 20.23 (McAllister geologically sensitive area).

(Ord. 13834 § 9, 2007: Ord. 11398 § 3 (part), 1997: Ord. 10398 § 13, 1993: Ord. 7075 § 17, 1981: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14524, § 4, 6-7-2011)

1.

Specific Types Permitted. In a planned residential development (PRD), the following uses are permitted, provided that they meet the standards and criteria established in this title:

a.

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

b.

Residential developments of all types as defined in this chapter;

c.

As a secondary use, uses permitted in neighborhood convenience may be permitted in a PRD subject to the limitations set forth in Chapter 20.22.

2.

Other or Related Uses Permitted. Accessory uses specifically geared to the needs of the residents of the PRD such as motor vehicle or boat storage structures, or structures related to open space use, subject to the building and development coverage limitations set forth in the design standards hereof.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 47, 1994: Ord. 7103 § 7, 1981: Ord. 6708 § 3 (part), 1980)

1.

Zoning Requirements. The provisions of this title pertaining to land use of the underlying zoning district shall govern the use of land in a planned residential development.

The specific setback, lot size, height limits and other dimensional requirements are waived, and the regulations for PRD's shall be those indicated in Section 20.30.060.

2.

Platting Requirements. A PRD shall be exempt from the specific design requirements of the Subdivision Ordinance, except that when any parcel of land in a PRD is intended for individual ownership, sale or public dedication, the platting and procedural requirements of the Subdivision Ordinance and applicable state laws pertaining to the subdivision and conveyancing of land and the preparation of maps shall be followed.

3.

Public Hearing Required. For hearing examiner approval of PRD's, public hearings shall be held and notices thereof given as provided in Section 20.60.020.

4.

Drainage and Erosion Control Plan. Planned residential development applications shall not be approved until a drainage and erosion control plan has been approved pursuant to Chapter 15.05 TCC.

(Ord. 11398 § 3 (part), 1997: Ord. 9859 § 10, 1991: Ord. 6708 § 3 (part), 1980)

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

1.

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

2.

Minimum and Maximum Project Acreage for a PRD.

a.

Grand Mound Urban Growth Area:

i.

The minimum site project size within the Grand Mound Urban Growth Area shall be one acre.

ii.

There is no maximum project size.

b.

Chapter 20.09 (Rural Residential—1/5) and Chapter 20.23 (McAllister geologically sensitive area):

i.

The minimum project size shall be twenty acres.

ii.

The maximum project size shall be one hundred acres.

c.

PRDs which are contiguous are deemed a single project if (a) they are under common ownership, (b) the applicant(s) for PRD or other development approval are the same or a related person or entity; or (c) the PRDs are being developed as a unified project. For purposes of this section, persons or entities are related if one owns any ownership interest in the other or exercises any legal control or influence in the decisions of the other.

3.

Minimum Lot Size within a PRD. The minimum lot size provisions of other sections of the Zoning Ordinance are waived in a planned residential development, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to determine the dwelling unit density of the total development.

4.

Density. In a PRD in the Grand Mound Urban Growth Area only, the hearing examiner shall authorize a dwelling unit density not more than twenty percent greater than that permitted by the underlying zone, rounded to the nearest whole number, provided that the open space amenities described in Section 20.30.060(6) are met. No density bonus shall be awarded for PRDs in the RR—1/5 and McAllister geologically sensitive area. The total number of dwelling units permitted in these districts is subject to the density of the underlying zoning district.

5.

Maximum Coverage. Individual lots shall not exceed the percentage permitted by the underlying zone.

6.

Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock out-croppings, etc., may be accepted as part of the landscaping plan.

7.

Setback and Side Yard Requirements.

a.

Setbacks from the exterior boundary line of the PRD 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 of such properties or the county Comprehensive Plan and adopted subarea plans. In no event shall such setback be less than twenty feet.

b.

Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in townhouse construction.

Wherever buildings are separated, a minimum distance of ten feet shall be maintained between such buildings.

8.

Off-Street Parking. Off-street parking shall be provided in a PRD in the same ratios for types of buildings and uses as required for the underlying zoning district, and as described in Chapter 20.44.

9.

Secondary Use Limitations.

a.

Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated.

b.

The gross floor area of the commercial use shall not exceed the product of fifty square feet multiplied by the number of dwelling units within the development.

c.

Construction of at least thirty-five percent of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office.

d.

Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 48, 1994: Ord. 8034 § 14, 1985: Ord. 7103 § 9, 1981: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14524, § 5, 6-7-2011; Ord. No. 15355, 1(Att. A, § JJ), 10-18-2016; Ord. No. 16151, § 1(Exh. A, § III), 4-19-2022)

1.

Common Open Space. Each planned residential development shall dedicate not less than thirty percent of the gross land area for common open space for the use of its residents.

2.

Location.

a.

The area proposed for open space shall be within the PRD and within reasonable walking distance of all dwelling units in the PRD.

b.

Where practical, the proposed dedicated property shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or county parks; provided, that such dedication would increase the overall benefit to the residents of the subject PRD and conform to other criteria in the section.

3.

Access.

a.

All dwelling units within the PRD must have legal access to the proposed area for dedication at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the area proposed for dedication. However, access should not be blocked by major obstacles such as arterials or collectors, canyons or ravines.

b.

Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security.

4.

Types of Open Space.

a.

Land dedicated for open space should be usable for either (i) greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees; (ii) active recreational activities; or (iii) for protecting environmentally sensitive areas such as wetlands.

b.

Except as provided in subsection (4)(c) or (d) below, thirty percent of the dedicated open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation.

c.

The percentage of active recreational areas may be increased to as high as fifty percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to one hundred twenty-five residential units.

d.

The percentage of active recreational area may be decreased to as low as zero if it is determined that: (i) inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or (ii) meeting the standard would require detrimental grading or other disturbance of the natural setting.

5.

Structures. Common open space may contain complimentary structures, such as a gazebo or maintenance equipment shed, and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PRD, provided that the building coverage of such building or structure combined with the building coverage of the residential structures shall not exceed the maximum permitted by the underlying zone.

6.

Qualification for Density Bonus in the Grand Mound Urban Growth Area. The provision of improved recreational or parks facilities such as improved playfields, basketball and tennis courts, boat launches and fishing docks, or the preservation of unique natural features such as habitats of threatened or endangered wildlife or plant species, unique geologic formations, wetlands, and environmentally sensitive areas shall qualify the developer for the density bonus as described in Section 20.30.050(4).

7.

Implementation.

a.

The area proposed for open space shall be dedicated in common to the lot owners within the plat or to a lot owner's association. Maintenance and operation of the dedicated open space shall be the responsibility of the lot owners.

b.

The county may choose to accept dedication, maintenance and operation responsibilities when the area to be dedicated is either one or a combination of the following:

i.

Greater than ten acres;

ii.

Adjacent to an established or future county park or school grounds;

iii.

Is an access to a body of water greater than three acres in size;

iv.

Is an environmentally sensitive area;

v.

If the county feels it is in the public interest to accept dedications.

c.

The dedication shall be identified on the master plan.

8.

Improvements. Additional improvements to the area proposed for dedication may be required prior to final approval of the PRD, as specified in TCC 20.32.050.

9.

Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in TCC 20.30.060(1), such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the department according to the following guidelines:

a.

The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD.

b.

The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by Thurston County.

c.

The proposed land and improvements shall be dedicated in accordance with Section 20.30.060(7).

10.

Stormwater Facilities. Stormwater facilities may be allowed by the county as part of dedicated open space subject to the criteria in TCC 20.32.060.

11.

Rights and Duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions:

a.

The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests;

b.

The right to locate pedestrian paths, bicycle paths and bridle paths;

c.

The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb;

d.

The right to conduct agricultural activities, including the selective harvesting of mature trees;

e.

The right to regulate access to or entry on the open space land and duty to maintain such land.

(Ord. 11398 § 3 (part), 1997: Ord. 8034 § 15, 1985: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14524, § 6, 6-7-2011; Ord. No. 14773, § 10(Att. I), 7-24-2012; Ord. No. 15355, 1(Att. A, § JJ), 10-18-2016)

See Section 20.60.030.

(Ord. 11398 § 3 (part), 1997: Ord. 10595 § 49, 1994: Ord. 6708 § 3 (part), 1980)

1.

PRD applications shall be heard pursuant to Section 20.60.020(3).

2.

The PRD shall be effective for five years from the date of approval by the hearing examiner. During this time the terms and conditions upon which approval was given will not be changed except as provided in Section 20.30.090(2) (Minor and Major Adjustments).

Upon the application of the owner or representative, the planner may recommend extending the approval period for an additional one year or the planner may recommend to the hearing examiner that the site plan be resubmitted. Upon receipt of the planner's recommendation, the hearing examiner at his next regular meeting shall adopt, reject or modify the recommendation. In no case shall the hearing examiner grant an extension for more than one year at a time. If an extension of time is approved, the PRD will be subject to all new and amended regulations, requirements, policies or standards which are adopted after the original date of approval unless there has been substantial on-site work completed.

Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. Thurston County shall not be held accountable for notification of expirations, although it may notify the applicant of date of expiration. All requests for an extension of time must be submitted to the planner prior to expiration of PRD approval.

Note: Approval of a PRD development plan shall not be construed to be final plat approval. Plat approval is a separate action and shall be in compliance with state and local subdivision and platting regulations. (As stated in Section 20.30.040(2) of this chapter.)

(Ord. 11398 § 3 (part), 1997: Ord. 6708 § 3 (part), 1980)

1.

Building permits and other permits required for the construction or development of property under the provisions of this section shall be issued only when in the opinion of the director, the work to be performed meets the requirements of the final plan and program elements of the PRD.

2.

Minor and Major Adjustments.

a.

Minor adjustments may be made and approved by the director when a building permit is issued. Minor adjustments are those which may affect the 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. Such dimensional adjustments shall not vary more than ten percent from the original.

b.

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

3.

Parties Bound. Once the preliminary development plan is approved, all persons and parties, their successors, heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance or assignment, any interest in the real property within the proposed PRD, shall be bound by the conditions attending the approval of the development and the provisions of this title.

4.

Filing of Applications. See Section 20.60.020.

(Ord. 11398 § 3 (part), 1997: Ord. 11025 § 18, 1995: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)