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Title 16
UNIFIED DEVELOPMENT CODE*Chapters:
Division I. General Provisions
16.01 General Provisions
Division II. Zoning Districts
16.08 Establishment of Zoning Districts
16.10 Planned Unit Development District
16.12 Permitted Uses and Tables of Dimensional and Density Requirements
Division III. Site Development Regulations
16.16 General Regulations
16.18 Nonconformances
Division IV. Performance Standards
16.20 Performance Standards – General
16.24 Standards for Infill Development in Residential Areas
16.25 Accessory Dwelling Units
16.28 Subdivision Regulations
16.32 Reserved
16.36 Reserved
16.40 Building Placement
16.44 Supplemental Standards for Special Residential Uses
16.48 Supplemental Standards for Home Occupations
16.52 Manufactured/Mobile Housing
16.56 Nonresidential Performance Standards
16.60 Off-Street Parking and Loading Standards
16.64 Reserved
16.68 Hillside Development and Geologically Hazardous Area Performance Standards
16.72 Recreational and Open Space Standards
16.76 Vegetation Protection Standards
16.80 Streams and Wetlands
16.84 Fish and Wildlife Habitat
16.88 Wellfield/Groundwater Protection Regulations
16.92 Stormwater Management Performance Standards
16.96 Shoreline Management
16.100 Repealed
16.104 Landscaping
Division V. Concurrency Management System
16.108 Concurrency Management System
16.112 Development Impact Fees
16.116 School District Impact Fees
Division VI. Administration
16.120 Administration
16.124 Public Hearings
16.128 Amendments
Division VII. Enforcement
16.132 Enforcement and Penalties
16.134 Annual Comprehensive Plan Amendment Procedures
16.136 Notices and Orders to Correct and/or Abate
16.140 Suspension and Revocation of Permits
16.144 Recovery of Civil Penalty and Cost of Abatement
Division VIII. Definitions
16.150 Definitions
*Prior legislation: Ords. 453, 494, 527 and 608.
Division I. General Provisions
Chapter 16.01
GENERAL PROVISIONSSections:
16.01.010 Purpose and scope.
16.01.020 Rules for construction of language.
16.01.010 Purpose and scope.
The purpose of the unified development code is to establish standards, procedures, and minimum requirements to achieve the following general intentions and purposes of the city of Sultan:
A. To establish regulatory procedures and standards for review and approval of all proposed development in the city.
B. To foster and preserve public health, safety, comfort, and welfare, and to aid in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the city, in accordance with the comprehensive plan.
C. To adopt a development review process that is:
1. Efficient, in terms of time and expense;
2. Effective, in terms of addressing the natural, historic, and aesthetic resources and public facility implications of any proposed development, while also protecting and improving the quality of life in the city; and
3. Equitable, in terms of consistency with established regulations and procedures, respect for the rights of all property owners, and consideration of the interests of the citizens and residents of the city.
D. To implement the comprehensive plan of the city by:
1. Establishing regulations and conditions governing the erection and use of buildings and other structures and the uses of land planned for the future as specified in the comprehensive plan;
2. Securing safety from fire, panic, and other dangers;
3. Lessening automobile congestion of the streets;
4. Providing for adequate light and air;
5. Preventing the overcrowding of land;
6. Avoiding undue congestion of population and facilitating the adequate provision of transportation, potable water, sanitary sewage disposal, schools, parks, and other public requirements of the city;
7. Dividing the city into zoning districts, defining certain terms, designating the uses and intensities thereof that are permitted in the different districts, and providing lot size and other dimensional and density requirements;
8. Establishing performance standards that apply to all new development as well as the redevelopment of all lands in the city;
9. Continuing a planning commission, including the composition of its membership and powers and duties of said commission;
10. Defining the functions of the building and zoning official, planning commission, and city council and other relevant agencies with respect to the administration and enforcement of this unified development code.
E. To regulate the subdivision of land to ensure that adequate drainage facilities are provided in developing portions of the city; to promote coordinated land development; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description.
F. To regulate the division of land into four or fewer lots, parcels, sites, or subdivisions.
G. To be consistent with the city of Sultan’s comprehensive plan by ensuring that all development in the city will be served by adequate public facilities.
H. To require that all new land development activity contribute its proportionate share of the funds, land, and/or public facilities necessary to accommodate the impacts that such new development has on public facilities and services having a rational nexus to the proposed development and for which the need is reasonably attributable to the proposed development.
I. To provide for a penalty for the violation of this unified development code. (Ord. 630 § 2 [16.01], 1995)
16.01.020 Rules for construction of language.
The following rules of construction apply to the text of this unified development code:
A. The particular shall control the general.
B. In case of any difference of meaning or implication between the text of this unified development code and any caption, illustration, summary table, or illustrative table, the text shall control.
C. The word “shall” is always mandatory and not discretionary. The word “should” is permissive and is discretionary.
D. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. A “building” or “structure” includes any part thereof.
F. The phrase “used for” includes “arranged for,” “designed for,” “maintained for” or “occupied for.”
G. The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
H. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either or,” the conjunction shall be interpreted as follows:
1. “And” indicates that all the connected items, conditions, provisions, or events shall apply.
2. “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
3. “Either/or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
I. The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
J. The use of any gender-based pronoun shall not be construed to be gender-biased, but is only used for grammatical simplicity. (Ord. 630 § 2 [16.04.10], 1995)
Division II. Zoning Districts
Chapter 16.08
ESTABLISHMENT OF ZONING DISTRICTSSections:
16.08.010 Establishment of zoning districts.
16.08.020 Establishment of zoning maps.
16.08.010 Establishment of zoning districts.
The city of Sultan is hereby divided into six zoning districts as follows:
A. Low/moderate density zone (LMD);
B. Moderate density zone (MD);
C. High density zone (HD);
D. Urban center zone (UC);
E. Highway-oriented development zone (HOD);
F. Economic development zone (ED). (Ord. 630 § 2[16.02], 1995)
16.08.020 Establishment of zoning maps.
A. The boundaries and identification of the zoning districts established by this unified development code are shown on the zoning map which is filed in the office of the city clerk/treasurer (with copies in the office of the building and zoning official). Said map is hereby declared to be part of this unified development code as fully as set out herein.
B. No building or land shall be used and no building shall be erected or altered except in conformity with the regulations herein prescribed for the district designated and identified on the zoning district map in which such building, land, or water is located.
C. Interpretation of the Zoning Map.
1. Zoning district boundaries are shown as heavy solid lines on the zoning map and may be superimposed on lighter lines designating platted lot lines, streets, and other physically identifiable ground features, unless specific distances in feet or angles, bearings, radii, or other references to a boundary line located are specified.
2. Zoning district boundary lines, when located in streets or other public rights-of-way shall be interpreted as being located in the center line of such rights-of-way. When distances expressed as linear footage are shown between a zoning district and a street, the distance shall be interpreted as being between said boundary line and the center line of said street, unless otherwise specified.
3. Boundary lines between zoning districts which are interrupted on the zoning map to show street names or other identification numbers shall be interpreted as extending through such identification, unless otherwise specified.
4. When the exact location of a zoning district boundary line is not clear, it shall be determined by the building and zoning official, with due consideration given to the location as indicated by the scale of the zoning map. When, for any reason, the streets or alleys as they actually exist on the ground differ from the depiction of said streets and alleys as they are shown on the zoning map, the building and zoning official may apply the district designations on the map to the streets on the ground in such manner as to conform to the intent and purpose of this unified development code.
5. Where a zoning district boundary line shown on the zoning map divides a lot of record at the time of the adoption of this unified development code, the property owner shall have the option of choosing either of the two districts to apply to the entire lot area, or may subdivide the lot to retain both districts as mapped; provided, that all of the standards and requirements of the relevant performance standards can be met. (Ord. 630 § 2 [16.03], 1995)
Chapter 16.10
PLANNED UNIT
DEVELOPMENT DISTRICTSections:
16.10.010 Purpose and goals of PUDs.
16.10.020 PUD as an overlay zone.
16.10.030 Types of PUDs.
16.10.040 Master plans.
16.10.050 Who may apply.
16.10.060 Team development, preapplication conference and neighborhood meeting.
16.10.070 Preliminary PUD application – Contents and fees.
16.10.080 Preliminary PUD process review.
16.10.090 Authority to approve, condition or deny preliminary PUD.
16.10.100 Criteria for location and approval – Retail center PUDs.
16.10.110 Criteria for location and approval – Residential PUDs.
16.10.120 Residential PUD density increases and development standards.
16.10.130 Reserved.
16.10.140 Open space requirements.
16.10.150 Expiration of preliminary PUD.
16.10.160 Final PUD review and approval.
16.10.170 Final PUD acknowledgments – Filing – Copies – Recording.
16.10.180 Building permits.
16.10.190 Minor changes and amendments to final PUD.
16.10.200 Expiration of final PUD.
16.10.210 Periodic review of building permits for consistency with approved PUD.
16.10.010 Purpose and goals of PUDs.
A. The planned unit development (PUD) district is an alternative to conventional land use regulations, combining use, density and site plan considerations into a single process. The PUD is intended to be a zoning map designation, applied to a parcel of land only after a site-specific and project-specific review of proposed land uses, densities and site plan considerations to ensure compliance with the provisions of the adopted Sultan comprehensive plan, development regulations, the Growth Management Act, specifically RCW 36.70A.090 providing for innovative land use management techniques, and to ensure compatibility of design with existing, adjacent uses.
B. The PUD district is specifically intended to encourage diversification in the use of land insofar as what is allowed in the relevant sections of the comprehensive plan and to allow flexibility in site design in all specified zoning districts with respect to spacing, heights and setbacks of buildings, densities, critical areas, open space, parking, accessory uses, landscaping, and circulation elements; innovation in residential development that results in the availability of adequate affordable housing opportunities for varying income levels; more efficient use of land and energy through smaller utility and circulation networks; pedestrian considerations; and development patterns in harmonious relationships with nearby areas and in consideration and support of the goals and objectives of the comprehensive plan for the city.
C. The PUD chapter is further intended to implement the planned retail center provisions of the comprehensive plan, providing the site-specific and project-specific review required by the comprehensive plan retail policies prior to locating the planned retail centers as identified in the comprehensive plan.
D. Because of the size of sites in proportion to their critical and natural features, the provisions of this chapter provide flexibility in the use of land and the placement and size of buildings in order to better utilize the special features of sites and to obtain a higher quality of development. PUD applicants are motivated to incorporate high levels of amenities, which meet public objectives for protection and preservation of our critical areas, site enhancing natural features, and preservation of open space amenities through the use of bonus density incentives. These will provide for urban densities while encouraging developments which provide a desirable and stable environment in harmony with that of the surrounding areas. (Ord. 793-02 § 1)
16.10.020 PUD as an overlay zone.
The PUD, once approved, shall constitute an “overlay” zone and shall be labeled as such on the official zoning map of the city of Sultan. For each property that receives a PUD approval, the zoning map shall also identify a “fallback” underlying zone, which in most cases shall be the existing zoning designation of the property at the time of PUD application. This fallback underlying zoning shall govern development of the site in the event the approved PUD expires without development of the approved project. The overlay PUD shall be identified within parentheses “( )” on the official zoning map of the city of Sultan. At such time as the approved PUD is completely developed, the fallback zoning designation shall be removed from the official zoning map and the property shall be principally zoned one of the type of PUD zones listed in SMC 16.10.030. (Ord. 793-02 § 1)
16.10.030 Types of PUDs.
The following types of PUDs are hereby established as overlay zones:
A. Retail Center PUDs. These PUD zones are created to implement the planned retail centers policies of the comprehensive plan. A retail center PUD may only be approved if the site is located within the area identified in the comprehensive plan for a planned retail center. It may occur with any existing underlying zone, as explained in SMC 16.10.020, and does not require one of the commercial zoning districts. One type of retail center PUDs are identified in the comprehensive plan:
1. PUD-Planned convenience retail (PUD-PCvR).
B. Residential PUDs. These PUD zones are created to provide for greater flexibility in residential design from underlying zoning standards, to encourage provision of affordable housing and to allow for a limited amount of increased residential density if PUD review is completed. Each residential PUD shall have a “base density” determined by the maximum density permitted by the underlying residential zoning designation. Bonus density above the base density may then be approved, based on the density bonus considerations described in SMC 16.10.120. A PUD-MF shall only be permitted in areas identified as appropriate for multifamily development in the comprehensive plan and adopted subarea plans or neighborhood plans. A PUD-SF shall only be permitted in areas identified as appropriate for single-family development in the comprehensive plan. A PUD-MHP shall only be permitted on properties with underlying LMD and MD zoning. There are three types of residential PUDs:
1. PUD-Single-family (PUD-SF);
2. PUD-Multifamily (PUD-MF);
3. PUD-Manufactured home/manufactured home park (PUD-MHP). (Ord. 793-02 § 1)
16.10.040 Master plans.
A. When the total project is to be developed in phases and the applicant does not expect the phases to be developed within the time frames specified for expiration of preliminary and final PUDs, the applicant may file a general master plan, including essential proposed land use information (land use, densities, site design, adjacent uses, circulation, utility corridors and alignments, wetlands) for review and approval by the city pursuant to the procedures of this chapter, instead of submitting a preliminary PUD for the entire project. The master plan shall identify the geographic area, land uses, and density of each phase. The master plan shall also be accompanied by a phasing plan describing the general boundaries of each phase and the expected date at which a detailed site plan and preliminary PUD application for that phase will be submitted. No project to be developed in phases may exceed five years from the time the master plan is approved until the final plan is submitted.
B. The master plan shall be reviewed by the hearing examiner, using the same procedures and same criteria as a preliminary PUD, recognizing the lesser level of detail included in the master plan application.
C. Subsequent preliminary PUD applications for each phase of the PUD approval shall be consistent with any approved master plan and shall contain all of the detailed information and materials specified in SMC 16.10.070. (Ord. 793-02 § 1)
16.10.050 Who may apply.
A. PUD projects may be initiated by:
1. The owner or duly authorized agent(s) of all property involved, if under one ownership; or
2. Jointly by all owners or duly authorized agent(s) having title to all the property in the area proposed for the PUD project, if there is more than one owner; or
3. A governmental agency.
B. The PUD applications shall be in the name or names of the recorded owner or owners of property included in the development. The applications initially may be filed by the holder(s) of an equitable interest in or option on such property, but the applicant must evidence either fee title or the purchaser’s interest in a binding sales agreement before final approval of the applicant’s plan or the recorded owner or owners must have given written consent satisfactory to the city. (Ord. 793-02 § 1)
16.10.060 Team development, preapplication conference and neighborhood meeting.
A. For the purposes of expediting applications and reducing development costs, the city of Sultan offers and encourages a “team development” general information meeting. This meeting will provide input from relevant department staff regarding requirements needed for a proposed project; such as land use, site design, required improvements, and conformance with the comprehensive plan, zoning ordinance and subdivision code. This team development approach offers a forum where information can be shared about the site and staff can guide the applicant through specific requirements prior to developing a detailed site plan. This informal process will help alert developers to potential issues prior to expending resources on plans that may need alterations to meet city regulations. The meeting will also provide details on the information needed for the required preapplication conference.
B. Prior to filing any application, the applicant shall schedule, and the city shall conduct, a preapplication conference, pursuant to the provisions of SMC 16.28.280(A). To schedule a preapplication conference, the applicant shall submit to the planning director all required application materials, including forms, maps, site plans, landscaping plans, elevations, etc., so the city can advise the applicant whether there is sufficient information to constitute a complete application and to review the proposal in relationship to the comprehensive plan, approved subarea plan or neighborhood plan for the area, and specific city development objectives, policies, and plans for the area.
C. Prior to submission of a formal PUD application and after the completion of the preapplication meeting with the city, the applicant is encouraged to conduct a neighborhood meeting to review the proposed project with property owners within 300 feet of the subject property. These meetings are mandatory for retail center PUDs and all residential PUDs over 50 dwelling units. If such neighborhood meeting is held, comments received at the meeting should be submitted to the city for consideration with the PUD application.
D. If, as a result of the neighborhood meeting, residents have questions or require additional information concerning the proposed PUD, they may request an informal meeting with the planning director or the applicant by contacting the planning department. (Ord. 793-02 § 1)
16.10.070 Preliminary PUD application – Contents and fees.
A. After the preapplication conference, the applicant may file an application for a preliminary PUD with the planning director together with the application fee and documents meeting the requirements set out in subsections B through G of this section. An applicant may submit applications for:
1. Master plan only or simultaneously with the preliminary PUD for the first phase;
2. Preliminary PUD only;
3. Preliminary and final PUD simultaneously, provided all information required under SMC 16.10.160(B)is submitted;
4. Amendment to a PUD.
B. The PUD application shall be accompanied by a nonrefundable fee as set forth in the city’s current fee schedule to reimburse the city of Sultan for the costs of reviewing the application. Further provided, the applicant shall be responsible for additional processing costs incurred by the city in the event of additional staff time, consultant services, and public hearing costs over and above the initial application fee. All additional costs shall be paid within 30 days of notice by the city. Failure to provide payment to the city shall terminate processing of the application.
C. Written documents required with a PUD application are as follows:
1. Provide application forms:
a. Counter complete checklist, as prepared by the planning department;
b. PUD application form;
c. Application for preliminary plat or short plat, if required by the planning director and city engineer; however, it will normally be processed with the final PUD application;
d. Application for a substantial development permit if required by the shoreline master program ordinance;
e. SEPA environmental checklist pursuant to Chapter 43.21C RCW;
f. Ownership statement;
2. Provide legal description of the total site proposed for development, including a statement of present and proposed ownership and present and proposed zoning;
3. Provide statement of objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant including consistency with the goals, objectives and criteria of the comprehensive plan and a detailed statement summarizing in written and graphic form how the development complies with the applicable provisions of this chapter;
4. Provide development schedule indicating the approximate date when construction of the PUD or phases of the PUD can be expected to begin and be completed based on the estimated date of construction plan approval;
5. Provide statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.;
6. Provide quantitative data for the following:
a. Total number and type of dwelling units;
b. Parcel size;
c. Proposed lot coverage of buildings and structures;
d. Approximate gross and net residential densities;
e. Total amount of open spaces as defined by Sultan zoning code, including a separate figure for usable open space;
f. Total amount of nonresidential construction, including a separate figure for commercial or institutional facilities;
7. Provide evidence of sewer availability;
8. Provide evidence of adequate water supply as required by RCW 19.27.097;
9. For retail PUDs and for that portion of any residential PUD that contains proposed retail or other commercial uses intended to serve the residents of the PUD, a market analysis that includes the following information:
a. Provide service area, if the proposal is a planned retail center;
b. Provide service area population, present and prospective, for the planned retail center or provide the projected population in the residential PUD for nonresidential uses in a residential PUD;
c. Show evidence of effective buying power in such service area for a planned retail center or effective buying power of the residents of the PUD for nonresidential uses in a residential PUD;
d. Show the net potential buying power for the proposed planned retail uses or the nonresidential uses in the residential PUD and a recommendation regarding the types and sizes of uses;
10. A municipal service economic impact assessment is required for all residential PUDs over 50 dwelling units and all other PUDs over five acres. The purpose of this section is to assure that PUD approvals are not granted unless all facilities are evaluated for capacity. Fiscal impacts must be identified as they affect:
a. Parks;
b. Roads;
c. Schools;
d. City staffing levels;
e. Library;
f. Fire;
g. Water lines;
h. Sewer lines;
i. Drainage.
The fiscal analysis must evaluate and show existing levels of service, and how the proposed project will impact the existing levels of services, and how sufficient quantities will be available to service the proposed new development;
11. Provide a copy of the summary of the preapplication conference and all information requested during the preapplication conference;
12. Provide, if required by SMC 16.10.060 (C), comments received at the neighborhood meeting.
D. Master Plan. If a master plan is proposed for development of the PUD in phases, the master plan shall contain a general description of and a conceptual site plan showing proposed land uses, densities, site design, adjacent uses, circulation, utility corridors and alignments, and wetlands or other physical development constraints for the total project visualized by the applicant. Where the total project is to be developed in phases, the master plan shall identify the geographic area, land uses, and density of each phase. The master plan shall present a broad but cohesive and complete overview of the project.
E. Site plan and supporting maps necessary to show the major details of the proposed PUD (which may be a single phase of a master plan) are required with a PUD application, containing the following minimum information on one or more drawings:
1. The existing site conditions, including contours at five-foot intervals, watercourses, wetlands, unique natural features, steep slopes, and forest cover;
2. Proposed lot sizes, lot lines and plot designs;
3. The location, floor plans and building elevations, floor area size and building envelopes of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, typical lot landscaping plans, density per type and nonresidential structures including commercial facilities;
4. The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common, usable, conservation, buffer, or constrained open spaces, public parks, recreational areas, school sites and similar public and semipublic uses;
5. The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas, transit stops existing and proposed and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate (detailed engineering drawings of cross-sections and street standards should be handled in the final development stage);
6. The existing and proposed pedestrian and bike circulation system, including its interrelationships with the vehicular circulation system, consistency with the city’s comprehensive plan and indicating proposed solutions to points of conflict;
7. The existing and general plans for utility systems, including sanitary sewers, storm sewers and water, electric, gas, cable television, fiber optic conduits, telephone lines, solid waste, and lighting;
8. A general landscape plan indicating the treatment of materials used for private and common, usable, or conservation open space and buffers. This landscape plan should be in a general schematic form at this stage;
9. Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities and unique natural features of the landscape;
10. The proposed treatment and design of the perimeter of the PUD, including materials and techniques used such as screens, landscape buffers, fences and walls;
11. A proposed comprehensive sign plan encouraging the integration of signs into the framework of the building or buildings on the property should be included with the final PUD application;
12. The general design of all accessory uses on the property such as all private and public fencing, recreation facilities, service areas, critical areas fencing and signage, and enhancement areas.
F. Any additional information, as required by the planning director, necessary to evaluate the proposed preliminary PUDs compliance with the criteria in SMC 16.10.100 (retail PUDs), SMC 16.10.110 (residential PUDs) i.e., tree preservation plan, lighting plan, traffic study, etc.
G. Provisions for maintenance of all open spaces or common property, including conditions whereby the city may enforce any provisions or requirements needed to insure the meeting of PUD objectives. (Ord. 793-02 § 1)
16.10.080 Preliminary PUD process review.
A. The preliminary PUD application shall be reviewed by the hearing examiner with a recommendation to the city council pursuant to the provisions of Chapter 2.26 SMC. All procedures for completeness, for administrative, hearing examiner and city council review and for notices of application, hearing, and decision shall be governed by those provisions of the municipal code.
B. SEPA review shall be conducted concurrently with the PUD application as provided in Chapter 17.04 SMC. (Ord. 793-02 § 1)
16.10.090 Authority to approve, condition or deny preliminary PUD.
A. The hearing examiner may recommend approval, denial or approval with modifications or conditions deemed reasonable and necessary to protect the public interest, mitigate impacts of the proposed development, and to ensure compliance with the standards and criteria of this chapter and the policies of the comprehensive plan.
B. The hearing examiner recommendation shall include, at a minimum, findings and conclusions regarding the preliminary PUD’s compliance with the criteria for location and approval for the particular type of preliminary PUD listed in SMC 16.10.100 (retail PUDs), SMC 16.10.110 (residential PUDs). A preliminary PUD shall be recommended for approval if, together with reasonable modifications or conditions, the project is determined to comply with the requirements of these sections. A preliminary PUD shall be recommended for denial if, even with reasonable modifications or conditions, the project is determined to not comply with the requirements of these sections.
C. After receipt of a hearing examiner recommendation on the preliminary PUD pursuant to Chapter 2.26 SMC, the city council shall conduct a closed record hearing at which it shall consider the findings, conclusions, and recommendation of the hearing examiner. The hearing examiner recommendation notwithstanding, the city council shall have the right and ability, based exclusively on the record that was presented before the hearing examiner, to agree or disagree with the findings, conclusions and recommendation of the hearing examiner and shall further have the right and ability, based upon the record that was presented to the hearing examiner, to make such additional or different findings and conclusions that the city council believes are supported by evidence in that record.
D. Any decision of the city council on the preliminary PUD shall be final and no further local administrative appeal shall be permitted. This preliminary PUD decision of the city council may be appealed to superior court, pursuant to the requirements of Chapter 36.70C RCW and SMC 16.120.050. (Ord. 793-02 § 1)
16.10.100 Criteria for location and approval – Retail center PUDs.
A preliminary retail center PUD shall only be approved if, with reasonable modification and/or conditions, the city finds that the proposed preliminary PUD complies with the following criteria for location, use and design, for each of the identified types of PUDs.
A. PUD-PCvR – Planned Convenience Retail.
1. Comprehensive Plan. The proposed preliminary PUD-PCvR site must be identified as having potential for a planned convenience retail center in the comprehensive plan’s retail policies or an adopted subarea or neighborhood plan. PUD-PCvRs can only be located in the general vicinity mapped in the comprehensive plan map and where it meets the specific location criteria.
2. Other Location Criteria.
a. The site is located on a collector street and the site is also located with respect to streets or other transportation facilities such that these streets and transportation facilities can provide direct access to the PUD-PCvR without requiring traffic to use minor local access streets in residential neighborhoods. Street types are defined in the subdivision regulations, Chapter 16.28 SMC.
b. The site is located at least one mile from any other existing or zoned convenience retail center and any other retail center.
c. Adjacent properties are not zoned for retail development or are not currently developed with retail uses, unless these adjacent properties are proposed to be incorporated into the PUD-PCvR.
d. The market analysis submitted with the application demonstrates a minimum population of 1,000 within one mile from the site.
e. The site is located such that it can connect to an existing off-site pedestrian and bicycle circulation system to facilitate non-motor vehicle access to the PUD-PCvR.
f. The PUD-PCvR is located in relation to public services, sanitary sewers, water lines, fiber optic conduit, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
g. The PUD-PCvR is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
h. As an alternative to subsections (C)(2)(f) and (g) of this section, the developers of the PUD-PCvR can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-PCvR will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
3. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. Delivery routes for commercial traffic do not have to use minor local access streets in residential neighborhoods.
b. The site is of sufficient size to generally mitigate impacts of the proposed retail uses within the PUD-PCvR site itself, including the provision of adequate screening, setbacks and other buffers to minimize noise, light and glare impacts from the retail uses.
c. The impacts from light and glare can be mitigated on-site through lighting design and location and/or screening and separation, so that the off-site impacts of light and glare are generally consistent with the light and glare impacts from existing adjacent uses.
d. Noise impacts from the PUD-PCvR can be mitigated on-site such that state noise standards can be met.
e. The PUD-PCvR is designed and located so as not to substantially interfere with the operation and use of existing parks and schools in the vicinity of the site.
f. Building scale in the PUD-PCvR shall not exceed the requirements of the development standards in subsection (C)(5) of this section.
4. Permitted Uses. The following uses shall be permitted in a PUD-PCvR:
a. Convenience retail establishments such as small grocery stores, pharmacies, television, electronic and appliance and small specialty shops;
b. Small professional offices and business services, not to exceed 5,000 square feet;
c. Personal services such as barber shops, beauty shops, and bakeries;
d. Preschools and day nursery facilities;
5. Development Standards. PUD-PCvR development shall comply with the following development standards:
a. Height. The maximum height of any structure in a PUD-PCvR shall be 35 feet.
b. Maximum size of retail site: two acres.
c. Retail Square Footage.The total gross square footage for retail uses shall not exceed 8,000 square feet.
d. Yard and Setback Requirements. There shall be no minimum yard or setback requirements; provided, the PUD-PCvR shall be reviewed and the proposed site plan conditioned to ensure sufficient separation and buffers from existing adjacent uses to mitigate impacts from the PUD development, to encourage pedestrian and bicycle access to the PUD development without needing to access the development through a parking lot without pedestrian paths and to present a streetscape that is of a scale consistent with adjacent development.
e. Open Space Requirements. A minimum of 20 percent of the gross site area shall be retained in one or more types of open space as defined in SMC 16.10.140.
f. Perimeter buffer: a minimum 30-foot buffer zone in those areas of the PUD-PCvR adjacent to LMD, MD and HD residential districts. Larger buffers may be required if necessary to meet the compatibility criteria. This buffer must be kept free of buildings or structures and must be landscaped, screened or protected by natural features so that adverse impacts on surrounding areas are minimized. These buffers may be included in required open space, as specified in SMC 16.10.140.
g. Parking. The requirements of Chapter 16.60 SMC shall apply to a PUD-PCvR.
h. Signs. The requirements of Chapter 22.06 SMC shall apply to a PUD-PCvR. All signs in a PUD-PCvR shall conform to a master sign plan that shall be considered and approved with the development plan.
i. Landscaping. The requirements of Chapter 16.04 SMC shall apply to a PUD-PCvR, as a minimum; provided, that additional landscaping may be required to mitigate impacts to adjacent uses and to meet the compatibility criteria for approval from this section. (Ord. 793-02 § 1)
16.10.110 Criteria for location and approval – Residential PUDs.
A preliminary residential PUD shall only be approved if, with reasonable modification and/or conditions, the city finds that the proposed preliminary PUD complies with the following criteria for location, use, and design, for each of the identified types of PUDs.
A. PUD-Multifamily (PUD-MF).
1. Comprehensive Plan. The proposed preliminary PUD-MF must be located in an area that has been identified as appropriate for multifamily development in the comprehensive plan, residential policies or an adopted subarea plan or neighborhood plan.
2. Design Criteria and Density Limitations. Multifamily dwellings may be permitted in any PUD-MF, including any approved density increases or bonuses; provided further, the hearing examiner and city council will determine the maximum number of multifamily units allowed in any PUD-MF in consideration of the location criteria. Multifamily PUDs may also be permitted as part of a mixed-use development, in conjunction with an activity center, such as one of the planned retail center PUDs described in SMC 16.10.100.
3. Other Location Criteria.
a. The site is located on one or more arterial or collector streets and the site is also located with respect to major streets and highways or other transportation facilities such that these streets and transportation facilities can provide direct access to the homes. Street types are defined in the city of Sultan design standards and specifications. If the site is located on a corner, access will be encouraged to be from the minor arterial or collector and not from a principal arterial if it is found that such access reduces potential traffic conflicts and carrying capacities on the principal arterial.
b. The total area of the PUD-MF is a minimum of two acres.
c. The site is located such that it can connect to an existing off-site pedestrian and/or bicycle circulation system to facilitate non-motor vehicle access to the PUD-MF.
d. Transit is available in sufficient proximity to the site to facilitate transit access to the PUD-MF.
e. The PUD-MF is located in relation to public services, sanitary sewers, water lines, fiber optic conduits, storm and surface drainage systems, and other utility systems and installations such that neither extension nor enlargement of such systems resulting in higher net public cost or earlier incursion of public costs will be required.
f. The PUD-MF is located with respect to schools, parks, playgrounds, and other public facilities such that the PUD will have access to these facilities in the same degree as would development in a form generally permitted by the underlying zoning in the area.
g. As an alternative to subsections (A)(3)(e) and (f) of this section, the developers of the PUD-MF can:
i. Provide private utilities, facilities or services approved by the public agencies which would normally provide such utilities, facilities or services as substituting on an equivalent basis and assure their satisfactory continuing operation and maintenance; or
ii. Make provision, acceptable to the city, for offsetting any added net public cost or early commitment of public funds necessitated by such development; or
iii. Demonstrate, to the satisfaction of the city, that the anticipated increases in public revenue from the PUD-MF will more than adequately cover any anticipated increase in public costs for installation, operation, and maintenance.
4. Compatibility Criteria/Mitigation of Impacts on Adjacent Uses.
a. The design and layout of a PUD-MF shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize any undesirable impact of the PUD on adjacent properties.
b. Setbacks from the property line of the PUD-MF 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 be permitted.
c. Access/egress routes for traffic do not have to use minor or local access streets in residential neighborhood neighborhoods.
d. The site is of sufficient size to generally mitigate impacts of the proposed residential uses within the PUD-MF site itself, including the provision of adequate screening, setbacks, and other buffers.
e. The impacts from light and glare can be mitigated on-site through lighting design and location and/or screening and separation, so that the off-site impacts of light and glare are generally consistent with the light and glare impacts