West Richland City Zoning Code

The purpose of a planned unit development is to provide opportunities to create a desirable environment through the application of flexible design and development standards to tracts of land under common ownership or control. Planned unit development is intended to encourage a creative approach in the development of land in an efficient and aesthetic manner and to provide a desirable use of open areas, while maintaining substantially the same dwelling unit density and area coverage permitted in the zone in which the project is located. It is intended to achieve economy in development and maintenance while providing privacy, usable open space, safe pedestrian and vehicular circulation and compatible relationships between different land uses.

Planned unit developments may be established only in districts zoned to permit residential uses as an essential or primary use and only in accordance with the provisions of this chapter.

Only residential uses as allowed in the underlying zone are permitted within planned unit developments; provided, that for purposes of this planned unit development chapter, a dwelling, one-family, as defined in WRMC § 17.09.050, may be constructed to include dwellings attached by common walls; and provided further, that accessory incidental limited retail uses or commercial uses incidental to a residential neighborhood may be permitted where such uses enhance the character of the planned unit development. Building permits or occupancy permits for such commercial or retail uses shall not be issued until all streets and utilities are completed and one-half of the total project residential units are completed.

The approval of a planned unit development may include modifications in the requirements and standards of the underlying zoning classifications of the property upon which the project is located, subject to the limitations provided by the standards set forth in this chapter. If the land within the proposed planned unit development is also to be subdivided or short subdivided, compliance with applicable West Richland Municipal Code and Washington code provisions is also required.

The following standards and requirements shall apply to all planned unit developments:

Construction of a planned unit development project may be phased. If construction of the planned unit development is to be phased, the application for the planned unit development shall include all property to be included in the completed planned unit development and shall include a description of each phase of the project and a time schedule for completion of each phase.

Prior to making application for preliminary development plan review the applicant shall meet with the planning/technical committee to study and review the proposed planned unit development. Prior to said meeting, the applicant shall submit to the planning/technical committee such plans and information as the committee may require.

The applicant shall submit to the community development department copies of the preliminary plan material, including the following:

As per WRMC Title 14.

The planning commission shall review the application and the preliminary development plan, preliminary plat drawings, and preliminary plan materials at a regular meeting and may, after public hearing, on the vote of a majority of the total members of the planning commission, disapprove the application or recommend to the city council that preliminary approval be granted, subject to such changes therein or impose such conditions of approval, if any, as are in its judgment necessary to ensure conformity to all pertinent standards and regulations. A recommendation shall be based on the planning commission's written findings of fact as to:

Upon receipt of an application for a planned unit development from the planning commission other than an appeal of the planning commission's disapproval of an application, the city council shall approve the planning commission's decision with or without modifications, or remand the application to the planning commission for reconsideration, or disapprove the application. The public hearing before the planning commission, as provided for by WRMC § 17.80.100, shall constitute the public hearing by the city council and no further public hearing before the city council shall be required.

Disapproval of an application for a planned unit development by the planning commission shall be final unless appealed in writing to city council within 14 days of the date of the decision. If the decision of disapproval is appealed to the city council, the council shall schedule a public hearing, notice of which shall be given as set forth in WRMC § 17.80.100, and review the planning commission's findings of fact and either affirm the decision of the planning commission and deny the application, remand the application for further consideration by the planning commission or, based upon the council's own findings of fact, approve the application with or without modifications.

The decision of the city council, either approving the application or denying the application of the planned unit development, shall be final unless appealed to the superior court of the state of Washington within 14 days from the date of the decision.

Within 12 months following approval of the preliminary development plan, the applicant shall file with the community development department a final development plan conforming to the approved preliminary development plan. Failure of the applicant to file a final development plan within 12 months following the approval of the preliminary development plan shall automatically revoke the city council's approval of the application for the planned unit development and shall be deemed a denial and disapproval of the application and terminate all of the applicant's rights under the application.

In addition to the information required under WRMC § 17.80.090 for the preliminary development plan, the final development plan shall include the following:

The final development plan shall be considered at a public meeting before the city council.

No final development plan shall be implemented until the applicant files with the city finance director a performance bond or cash in lieu of bond, approved by the city, executed by a surety company authorized to do business in the state of Washington, in an amount equal to 125 percent of the public works department's estimate of the cost of all public improvements, utilities, and all landscaping portions of the final development plan, and further conditioned upon the petitioner's completion of said public improvements, utilities and landscaping portions of the project according to the submitted final development plan and the provisions of this chapter and, in addition; provided, that no change, extension of time, alteration or addition to the project will in any way affect the obligation of the bond or cash deposit.

Approval by the city council of the final development plan for a planned unit development and filing of a bond as provided in WRMC § 17.80.170 shall authorize the owner or owners of the parcel or parcels encompassed within the planned unit development to proceed with the project, acting in concert, and shall bind such owner or owners to the implementation of such final development plan and to the construction, inspection and maintenance of the planned unit development in strict accordance with such approved plan and the provisions of this or other applicable ordinances and regulations.

The building inspector shall issue building permits for buildings and structures which conform with the final development plan of the planned unit development and with all other applicable city ordinances and regulations. The building inspector shall issue a certificate of occupancy for completed building or structure which conforms to the requirements of the approved final development plans and all other applicable city ordinances and regulations; provided, however, that the construction and development of all public improvements, utilities, landscaping, open spaces and public and recreation facilities of each project phase must be completed before any certificate of occupancy will be issued.

No change may be made in the approved final development plans during the construction of the project except upon application to the community development department, approval by the planning commission, after public hearing held thereon with notice given in the manner provided in WRMC § 17.80.100 and approval by the city council; provided, however, that the mayor is authorized to allow minor adjustments in the development schedule, landscape plan, location, placement, height, or dimension of buildings and structures or the adjustment of lot lines, not to exceed an alteration of two feet in height or 10 feet in any other direction, if such minor changes and alterations are required by engineering and other circumstances not foreseen or reasonably foreseeable at the time of approval of the final development plan; provided, that such adjustments shall not increase the total amount of floor space authorized in the approved final development plan, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to any boundary line, or change any points of ingress or egress to the site.

The provisions of this chapter shall apply to all planned unit development projects for which applications are filed after the effective date of the passage of the ordinance codified in this chapter.

Repealed by Ord. 16-15.

The provisions of this chapter are declared to be separate and severable, and the invalidity of any section, subsection, provision, clause or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of this application to other persons or circumstances.