18A.75.080 Planned Unit Development

18A.75.080 Planned Unit Development.

A. Purpose. A Planned Unit Development (PUD) is intended to be a flexible zoning concept that encourages open space and preservation of natural features, native vegetation, creativity of design, maximum efficiency in street layout, and provide recreational opportunity and aesthetic enjoyment. Depending on the type of PUD, it will provide the Examiner a chance to encourage development of a variety of housing types; allow for non-residential development; create and/or preserve usable open space; provide recreational opportunity and aesthetic enjoyment to residents; preserve, to the maximum extent possible, the natural characteristics of the land; encourage creativity in design; provide predictability for the development of a project; and provide for maximum efficiency in the layout of streets, utility networks, and other public improvements, as appropriate.

B. Classifications of Planned Unit Development. PUDs shall be classified as one of seven types: Employment Based Planned Community, Master Planned Community, Master Planned Resort, New Fully Contained Community, Essential Public Facility-Rural Airport, Major Institution, or Essential Public Facility-State Corrections Overlay.

1. Employment Based Planned Community (EBPC). Employment Based Planned Community means a planned unit development within an established Urban Growth Area which contains a mix of jobs, services, recreation, housing types, and densities.

2. Master Planned Community (MPC). Master Planned Community is a planned unit development within an established Urban Growth Area which integrates a mix of housing types and densities, limited commercial services, and recreation.

3. Master Planned Resort (MPR). Master Planned Resort is a self-contained and fully integrated planned unit development outside an established Urban Growth Area, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor and outdoor recreation facilities.

4. New Fully Contained Community (NFCC). New Fully Contained Community means a planned unit development initially outside an established urban growth area which contains a mix of jobs, services, recreation, and housing types and densities. Once this type of PUD is approved, an urban growth area is established encompassing the project.

5. Essential Public Facility-State Corrections Overlay (EPF-SC). The Essential Public Facility-State Corrections Overlay applies to the McNeil Island Corrections Center on McNeil Island. It includes only the main institution located on approximately 89 acres, and the north complex facility located on approximately 87 acres in the north central area of McNeil Island. These facilities are identified in Ordinance No. 2001-63s2, Exhibit "B", page 11. Allowed facilities and uses in an EPF-SC are limited to those typically associated with a State corrections center. Facilities associated with civilly committed sexual offenders may be permitted, if appropriately mitigated, and where the siting of such facilities results in an equitable distribution of facilities consistent with RCW 71.09.250(8). Measures are provided to assure that the uses and activities associated with the Overlay designation are compatible with the lands uses and natural systems on adjacent lands and shorelines.

6. Essential Public Facility-Rural Airport (EPF-RA). Essential Public Facility-Rural Airport PUD means the required PUD for those areas of airports identified as requiring PUD approval in an applicable community plan when such airport is classified as essential public facilities in the Rural Area of Pierce County. This permit type utilizes a flexible zoning concept that is intended to allow the airport owner to design all airport improvements in an integrated manner under one plan, without following the density and dimension and other limiting standards in the Zoning Code. This PUD type will authorize a streamlined permitting process for the airport owner while mitigating for the unavoidable impacts that general aviation airports have on adjacent residential neighborhoods. A recorded Final Development Site Plan is necessary for implementation of this PUD type.

7. Major Institution Master Plan (MIMP). Major Institution PUD is a large institution providing higher education or medical services to the community that, by nature of its function and size, has the potential to change the character of the surrounding area and/or has the potential to create impacts on the area. A Major Institution Master Plan (MIMP) is a conceptual, long-range master plan for a Major Institution PUD that may modify the permitted uses and development standards of the underlying zone(s). This permit type utilizes a flexible zoning concept that is intended to allow the institution owner or responsible parties to plan and design all improvements in an integrated manner under one plan, without following the density and dimension and other underlying standards in the Zoning Code. This PUD type will authorize a streamlined permitting process for the institution while mitigating impacts that a major institution may have on the adjacent community. The MIMP will be approved by the Pierce County Hearing Examiner and establish allowed facilities and uses, including those facilities and uses typically associated with the institution including, but not limited to, educational facilities, housing, commercial uses and supporting infrastructure.

D. Initiation of a PUD. An application for a Planned Unit Development may be initiated by the property owner(s), agent of the owner(s), contract purchaser(s) of property involved in a proposed PUD, or a public agency.

E. PUD Phasing. The applicant may request the Examiner to allow the development of a PUD to be accomplished or constructed in phases. An overall conceptual plan, PCC 18A.75.080.N.1b, for the project area may be developed and approved concurrently with application for the initial phase.

F. Permitted Location of a PUD. A proposed PUD may be located only within the appropriate land use designation established in the Comprehensive Plan or community plan. After a PUD-related designation is adopted by the County Council, the zoning in place at the time of designation approval will control development of the land until a PUD permit is approved by the Hearing Examiner. For example, County Council approval of a Plan Amendment changing the designation of an area from Forest Land to Master Planned Resort must precede submittal of an application for a MPR-PUD within the designated area. Until the MPR-PUD is approved by the Hearing Examiner, the regulations for the Forest Land zone would control development activity. The approval of a PUD by the Hearing Examiner will result in a rezone to the area included in the PUD.

a. NFCC/EBPC/MPC. 320 acres.

b. MPR/EPF-SC/EPF-RA/MIMP. No minimum area.

a. NFCC/EBPC. Any residential and non-residential use.

b. MPC. Only those uses which are allowed under MSF and HRD designations or other uses as provided for by the Examiner if found to be consistent with the approved conceptual plan.

(1) Lodging.

(2) The following uses which are intended to serve the overnight and recreation visitors of the Master Planned Resort as provided the Examiner finds the uses are compatible. These uses are not intended to serve the daily needs of the surrounding community:

(a) Single-Family and Two-Family

(b) Multi-Family

(d) Eating and Drinking Establishments

(e) Food Stores

(f) Sporting Goods Rental and Repair

(g) Coin-Operated Laundries

(h) Beauty/Barber Shops

(i) Gas Station

(j) Real Estate/Property Management

(k) Civic Uses – PCC 18A.33.220

(l) Utility Uses – PCC 18A.33.230

(m) Accessory Uses – Chapter 18A.36 PCC

d. EPF-SC. Only those uses typically associated with a State corrections center. Facilities associated with civilly committed sexual offenders may be permitted, if appropriately mitigated, and where the siting of such facilities results in an equitable distribution of facilities consistent with RCW 71.09.250(8).

e. EPF-RA. General aviation related commercial and light industrial uses.

(1) Commercial uses that support general aviation activities such as aircraft fueling facilities, aircraft training facilities, aircraft sales, fixed base operators, pilot lounges, lodging, eating and drinking establishments, and automobile rental. Each use shall be identified in the approved PUD and on a final development site plan.

(2) Light industrial uses that support general aviation activities such as aircraft storage hangars, tie-downs, aircraft parts manufacturer, aircraft assembly, and aircraft repair and maintenance services. Each use shall be identified in the approved PUD and on a final development site plan.

(3) Businesses that require aircraft use as a significant component of their operations such as, but not limited to, air freight, aerial photography, aircraft charter, or taxi services.

(4) Capital airport improvements identified in or substantially similar to the 2003 Tacoma Narrows Airport Master Plan (either potential or funded). Utilities and services necessary for airport safety and operations (i.e., on-site sewage collection and treatment facilities, water for fire flow, stormwater) are not considered an urban service and are permitted.

f. MIMP. All uses that are functionally integrated with, or substantially related to, the central mission of a Major Institution or that primarily and directly serve the users of an institution shall be permitted in Major Institutions PUDs. Uses which are allowed in the underlying zones shall also be permitted in Major Institution PUDs. The MIMP shall include a list of existing and proposed uses.

a. NFCC/EBPC/MPC. Residential densities may vary between 2 and 12 units per acre as long as the overall average residential density is between 4 and 8 units per acre. When utilizing provisions of Chapter 18G.10 PCC, Transfer and Purchase of Development Rights, residential densities may vary between 2 and 25 units per acre as long as the overall average residential density is between 4 and 10 units per acre.

b. MPR. The maximum number of dwelling units shall be 0.4 units per acre. Density calculations will not include land devoted to commercial purposes, but will include land devoted to open space. For every one residential dwelling unit approved, the applicant shall provide for two overnight accommodations. Accessory Dwelling Units shall not be permitted.

2. Employment Use Requirements – EBPC/NFCC. At a minimum, 10 percent of the total gross acreage of a EBPC or NFCC project shall be developed as an employment center. Such a center may be planned as one contiguous development or may be divided into several centers located in various portions of the PUD project site, and may include land dedicated to the commercial and civic components in the 10 percent calculation. Based on the approved EBPC or NFCC conceptual plan, the residential development shall be approved at a rate proportional to the area designated to employment.

3. Open Space – MPR. At a minimum 30 percent of a MPR site shall be open space. At a minimum, 50 percent of the open space shall be retained for passive recreational uses.

4. Commercial Use Requirements – MPR. No sign, display, or other exterior indications of the MPR's commercial uses shall be visible from an adjacent property. Retail and service establishments, other than eating and drinking establishments, shall be no greater than 5,000 square feet.

5. Employee Housing – MPR. The applicant shall be required to demonstrate affordable housing is available for employees of the MPR within the project or in the surrounding area. Housing exclusively for employees is an allowed accessory use and shall not be calculated in the overall residential density; provided that the Examiner approves the location and number of employee housing units. The applicant shall clearly correlate the number of employees with employee housing.

6. Public Notification Requirements – EPF-RA. Special notification standards shall be required for the initial approval and future modifications of the PUD. Major modification to the Project Master Plan shall be subject to these notification standards as well. Notification shall be provided at the time of permit application and again within 30 days of any required public hearing. Special notification shall include the following:

a. Notification shall be mailed to all property owners within the Rural Airport Overlay.

b. Notification shall be mailed to the applicable Airport Advisory Commission.

c. Notification shall be published in the major local newspaper in the area of the PUD.

d. Notification shall be provided to the Federal Aviation Administration (FAA) and the Washington State Department of Transportation – Aviation Division.

1. NFCC/EBPC/MPC/MPR/EPF-SC/MIMP. As part of the approval the Examiner shall prescribe allowed uses, bulk requirements and landscaping including, but not limited to, required yards, height, parking, buffers and screening. As provided in Title 18F PCC, Binding Site Plans in lieu of subdivisions may be utilized in a project for all commercial and industrial uses.

2. MPR. The main buildings and all accessory buildings shall not occupy more than 20 percent of the total lot area. All buildings shall be set back a distance of not less than 40 feet from exterior property lines.

a. Development projects shall comply with the standards described in an applicable community plan.

b. Vegetation shall be retained around the perimeter of the PUD and plants that are native to the area shall be used for any supplemental landscaping provided that all landscaping/vegetation retention is compatible with airport operations.

c. Environmentally constrained lands shall not be used for new development if the proposed use can be accommodated through redevelopment of unconstrained lands.

d. If noise levels projected during the airport master plan period would increase to greater than 65 Ldn (Day-Night Average Sound Level System) beyond the boundaries of the airport over incompatible land uses, the airport will, in partnership and coordination with the County as prescribed by federal FAR Part 15 regulations, mitigate those noise levels through the federally prescribed FAR Part 150 Study Process.

4. MIMP. The Examiner's approval of a Major Institution Master Plan shall prescribe the allowed uses, bulk requirements and other development regulations.

J. Road Standards. The road design standards applied to subsequent land use actions which implement the project shall be the standards in effect at the time of application, or as specified in a Project Master Plan.

K. Infrastructure Planning. An infrastructure and public facilities and services plan shall be prepared. It shall include an analysis of impacts on the environment, mechanisms for mitigating these impacts, and financing options that assure concurrency. Unless otherwise provided in a Project Master Plan, and subject to any appropriate credits for fees paid or facilities provided by the project, applicable impact fee payment requirements shall be those which are in effect when subsequent application is made for implementing approvals such as subdivision applications, site plans, building permits, or other approvals.

L. Infrastructure Cost Sharing. A mechanism for latecomer agreements and fair share payments shall be developed as part of the project. If the project provides more than its fair share contribution to infrastructure improvements or public services including, but not limited to, roads, sewers, water, fire, police, schools, or park and recreations facilities, then the project shall receive latecomer fees, offsets, credits, reductions, or other adjustments to reflect the project's fair share contribution. The infrastructure cost sharing requirement shall not apply to the EPF-SC or EPF-RA.

M. PUD Applications/Agreements. The applicant shall submit as part of the application a proposed Project Master Plan that shall at a minimum include:

a. Regulations, Criteria and Standards. A plan for the property that includes applicable overall development criteria and standards for the total PUD and a proposal, which shall at a minimum include criteria and standards that will generally address land use types and densities; design features (land use, roads, stormwater, parks and open space); and concepts for affordable housing and phasing and financing (including bonds and other forms of security) of public services and infrastructure, if applicable.

b. This plan must be designed to meet the criteria and standards established in PCC 18A.75.080.N.1a. The detailed land use plan will identify, if applicable:

(1) The location and density of residential development;

(2) The location and type of non-residential components;

(3) The location and type of open space, recreational facilities, stormwater facilities, public facilities such as schools and libraries, and transportation systems including auto, pedestrian, bicycle, equestrian, transit;

(4) A phasing plan and the proposed build-out period for the project and its phases;

(5) The mechanisms to assure affordable housing are provided for a broad range of income levels;

(6) The acreage and range of uses authorized for any non-residential development within the PUD; and

(7) The minimum and maximum number of residential units for the PUD.

c. A copy of the conceptual plan reviewed by the Council in approving the land use designation must be included in the submittal.

a. A description of the intensity of all existing and planned commercial and light industrial uses.

b. A description of airport operations. This information shall include the runway length necessary for the safe operation of aircraft at the airport and the noise levels produced by aircraft type.

c. A description of anticipated take-off and landings based on aircraft type and planned use for each calendar year.

d. A Project Master Plan. The Project Master Plan shall identify:

(1) The location of the runways, taxiways, fueling facilities, control tower, any passive recreation facilities, and any open space;

(2) The general location of commercial and light industrial uses and other impervious surfaces;

(3) The location and capacity of capital improvements such as roads, stormwater facilities, potable water facilities and other necessary infrastructure that is necessary for the total build-out anticipated through the PUD;

(4) A phasing plan that describes the proposed construction period(s) for the PUD.

3. MIMP Content. The MIMP shall be a conceptual, long-range plan that identifies existing uses as well as potential development over a period of not less than ten years. The existing improvements will be recognized by the County as part of the context in which the proposed development will be considered. However, any mitigation measures and conditions shall be based upon the proposed development and impacts that arise from new uses, structures and activities. The plan shall include the following elements:

a. Permitted uses;

b. Planned and potential development sites;

c. Location and types of open spaces;

d. Development program with descriptions of planned and potential projects and anticipated phasing;

e. Circulation routes, including roads, major walkways and bike paths;

f. General locations and quantities of parking;

g. Traffic demand management program;

h. Planned utility and other infrastructure improvements, including storm water;

i. Development standards to replace the underlying zoning standards, including height limits, structure setbacks, lot coverage, open space and screening;

j. A statement describing the rationale for the MIMP's proposals; and

k. A discussion of the public benefits that would result from the proposal, including the public purpose mission of the institution, if applicable.

N. PUD Approval – Findings Required. The action by the Examiner to approve a PUD application, with or without modifications, shall be based upon the following findings:

a. The proposal is consistent with the Pierce County Comprehensive Plan and the principles and standards set forth in any applicable Community Plan.

b. Exceptions from the standards are warranted by the design and amenities incorporated in the Project Master Plan and/or are warranted by the inclusion of affordable housing pursuant to Chapter 18A.65 PCC. The system of ownership and means of developing, preserving, and maintaining open space is suitable.

c. SEPA has been complied with.

d. Proven ability to finance the needed capital facilities.

e. There are adequate provisions for the preservation of open space. The preservation of open space should be consistent with the Comprehensive Plan policies.

f. School impacts should be addressed, if applicable.

g. An inventory of the critical areas on and adjacent to the PUD has been completed pursuant to Title 18E PCC and development in environmentally constrained lands or required buffers are avoided wherever possible.

a. Transit-oriented site planning and traffic demand management programs can be implemented.

b. Buffers will be provided between the project and adjacent urban development.

c. Affordable housing will be provided within the project for a broad range of income levels.

d. The Examiner shall review and evaluate each residential phase for consistency for achieving overall density as approved in the Project Master Plan.

e. The Examiner shall review and evaluate each employment phase for consistency for achieving overall intensity as approved in the Project Master Plan.

f. EBPC and NFCC projects meet the requirements of RCW 36.70A.350.

a. The land is better suited and has more long-term importance for the master planned resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land.

b. On-site and off-site infrastructure impacts are fully considered and mitigated.

c. The project will be supported by adequate public facilities and services.

d. Procedures have been developed which ensure overnight lodging cannot be utilized as full-time residential units.

e. The resort includes a range of developed on-site indoor or outdoor recreational facilities.

f. The resort meets the definition of the PUD as provided in PCC 18A.75.080.C.3

g. The proposal meets the requirements of RCW 36.70A.360.

a. Development of State Corrections facilities designed to treat or house civilly committed sexual offenders, other than those facilities identified in RCW 71.09.250(1)(a), is not permitted unless the siting of such facilities results in an equitable distribution of these facilities as provided in RCW 71.09.250(8).

b. Development of State Corrections facilities shall include environmental review that identifies and mitigates any transportation impacts associated with the proposed facility.

c. Development of State Corrections facilities shall include environmental review that identifies and mitigates any human services, housing, and social services impacts associated with the proposed facility.

d. Development of State Corrections facilities shall include environmental review that identifies and mitigates any adverse environmental impacts to fish and wildlife and fish and wildlife habitat on McNeil Island or in the waters adjacent to McNeil Island.

e. Development of State Corrections facilities shall include environmental review that identifies and mitigates any public safety and criminal justice impacts created by the proposed facility.

f. Development of State Corrections facilities shall be limited to locations inside the boundaries of the EPF-SC.

g. Development of State Corrections facilities shall not involve land clearing or other disturbance of natural features outside the boundaries of the EPF-SC.

a. Adequate open space and buffering is provided to mitigate light, noise, and visual impacts from adjacent rural residential areas; provided that such mitigation does not violate any FAA requirement.

b. Vegetation retention and native landscaping is compatible with airport operations and environmental protection of sensitive areas.

c. Unconstrained land has been utilized or redeveloped prior to developing environmentally constrained land.

d. Off-site impacts associated with the proposed development has been mitigated.

e. Development is designed to facilitate compatibility between the airport and adjacent neighborhoods surrounding the airport.

f. The exterior boundary of the PUD matches parcel boundaries.

a. Transit-oriented site planning and traffic demand management programs can be implemented.

b. Buffers will be provided between the project and adjacent urban development.

c. The land within the Project Master Plan is functionally integrated with the institution and can better support the major institution more effectively than the existing underlying zone classifications.

d. Timelines associated with the build-out of the approved Project Master Plan or any phase of a Project Master Plan are reasonable.

e. Applicable development regulations governing the approved Project Master Plan or any phase of an approved Project Master Plan have been established.

1. Procedure for Approval. The following process shall apply to the review and approval of a PUD Project Master Plan pursuant to this subsection:

a. The review and approval of a Project Master Plan (and subdivision proposal if submitted) by the Examiner after staff review, public notice, and public hearing. The Examiner shall use the guidelines set forth in this Section and other appropriate Sections of the Code in the review and approval of the Project Master Plan.

b. The final Project Master Plan shall be prepared by the applicant incorporating the changes and/or conditions to the Project Master Plan adopted by the Examiner. The final Project Master Plan may be approved and adopted in stages/phases.

c. The final Project Master Plan shall be approved after the Director finds it conforms to the guidelines included in the approved Project Master Plan. Approval of the final Project Master Plan shall be pursuant to all concurrency and adequacy requirements.

2. Subdivisions. When it is the intention of an applicant to subdivide or re-subdivide all or portions of property within a proposed PUD project, application for approval of a preliminary subdivision may be filed and considered concurrently with an application for approval of a Project Master Plan.

3. Time Limitation. The Hearing Examiner may set forth a time period in which the applicant must submit more detailed plans for all or any stage or phase of a PUD. If the project or phase is not progressing in a manner consistent with such time restriction, or if the project has been abandoned, action may be initiated pursuant to PCC 18.140.060 to revoke the PUD project approval.

4. Approved Project Master Plan – Changes. An approved Project Master Plan, including land use plan elements or conditions of approval, may be amended or modified at the request of the property owner or the property owner's successor in interest. The Director may administratively approve minor modifications to an approved Project Master Plan. Minor modifications may include changes in density; provided the total number of dwelling units approved shall not exceed 10 percent of the maximum number approved in that approved Project Master Plan for the project (or the phase) and provided that the net residential density is not altered; and also provided such changes do not significantly increase impacts on transportation, significantly reduce buffers or open space, or significantly increase impacts on the environment. Modifications that do not qualify as minor shall be subject to applications, notices, hearings, and appeals in the same manner as the original application. The County may vary or specify additional criteria for determining whether proposed modifications are major or minor through the Project Master Plan.

5. Parties Bound by PUD Final Project Master Plan. Once the Final Project Master Plan is approved by the Director, all persons and parties, their successors, and heirs who own or have any interest in the real property within the PUD are bound by the approved Project Master Plan.