Chapter 15.23
Planned Unit Development (PUD)

Sections:

15.23.010 Purpose

15.23.020 Initiation of Project – Application

15.23.030 Procedure for Approval

15.23.040 Phased Development

15.23.050 Combined Applications

15.23.060 Preliminary Development Plan – Filing Requirements

15.23.070 Preliminary Development Plan – Staff Recommendation to the Hearing Examiner

15.23.080 Preliminary Development Plan – Hearing

15.23.090 Preliminary Development Plan – Hearing Examiner Review

15.23.100 Preliminary Development Plan – City Council Review

15.23.130 Final Development Plan – Failure to File, Termination

15.23.140 Final Development Plan – Extension of Time for Filing

15.23.170 Final Development Plan – Hearing Examiner Recommendation

15.23.180 Final Development Plan – City Council Consideration

15.23.190 Final Development Plan – Bond Required

15.23.200 Installation of Improvements

15.23.210 Final Development Plan – Effect

15.23.220 Zoning Map Revision

15.23.230 Building Permits – Certificates of Occupancy

15.23.240 Subdivision Requirements

15.23.250 Sale of Lots

15.23.260 Lots Subject to Final Development Plan

15.23.270 Adjustments – Procedures

15.23.280 Termination of Final Planned Unit Development – Failure to Commence or Continue Construction

15.23.290 Extension of Time for Construction

15.23.300 Applicability of Provisions

15.23.330 Location – Uses Permitted

15.23.340 Access to Development

15.23.350 Common Open Space – Requirements

15.23.360 Permissive Variations in Requirements

15.23.370 Yards

15.23.380 Distance Between Buildings

15.23.390 Building Height

15.23.400 Number of Dwelling Units

15.23.410 Residential Density Incentives

15.23.420 Site Coverage

15.23.430 Off-Street Parking

15.23.440 Common Walls

15.23.450 Notice of Public Hearing

15.23.460 Judicial Review

15.23.010 Purpose

A planned unit development (PUD) has the following purpose: to allow a development which would be as good as or better than that resulting from traditional lot-by-lot development, by permitting flexibility in use of open space and in the design and placement of buildings, circulation facilities, and off-street parking areas in order to best utilize sites characterized by special features of geography, topography, size, or shape. (Ord. 92-1041 § 1)

15.23.020 Initiation of Project – Application

An application for approval of a proposed planned unit development shall be made to the Department of Planning and Community Development using application forms furnished by the City. The application shall be made by the owner(s) of the parcel(s) intended to be developed as a unit, or the owner’s duly authorized agent(s). The ownership of all parcels to be included must join in or be represented in the application. (Ord. 92-1041 § 1)

15.23.030 Procedure for Approval

The procedure to be followed for approval of a PUD shall be composed of two (2) steps:

A.  Review of the development plan by the Hearing Examiner who shall make a recommendation to City Council; and

B.  Review of the recommendation of the Hearing Examiner by City Council. (Ord. 92-1041 § 1)

15.23.040 Phased Development

Development of the project may be phased, in which case each complete phase may be processed as one development. A map showing all property owned or controlled by the developer which is contiguous to the development site, or which is within the area determined by the City Manager, or designee, to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of said properties’ eventual development through all potential phases, shall be submitted with the application for the first phase. The conceptual plan shall conform to the purposes of this chapter and shall be used by the City to review all phases of the development. (Ord. 95-1012 § 1; Ord. 92-1041 § 1)

15.23.050 Combined Applications

In all cases:

A.  An applicant may file a concurrent subdivision application, meeting the requirements of the Subdivision Code which shall be processed concurrently with the PUD application.

B.  The applicant may also file a concurrent rezone application, meeting the requirements of SMC 15.22.050, which shall be processed concurrently with the other application(s). (Ord. 92-1041 § 1)

15.23.060 Preliminary Development Plan – Filing Requirements

The applicant shall file a preliminary development plan with the City Manager, or designee, including, at a minimum, the following information:

A.  A legal description and site location map of the property;

B.  A proposed site plan and/or drawings with five (5) foot contour intervals showing the principal topographic contours; individual trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk in areas to be developed or otherwise disturbed; designated placement, location, and principal dimensions of buildings, streets, parking areas, recreation areas and other open space and landscaping areas; and all property within the area determined by the City Manager, or designee, to be relevant for comprehensive planning and environmental assessment purposes; together with a conceptual plan for its development;

C.  Drawing and/or text showing scale, bulk, and architectural character of structures;

D.  Special features;

E.  Text describing conditions or features which cannot be adequately displayed on maps or drawings;

F.  A description of plans for covenants, uses and continuous maintenance provisions for the project;

G.  Names of all property owners within five hundred (500) feet of the exterior boundaries of the subject property, as determined from the records of the County Treasurer, their mailing addresses, the addresses of the parcels within said area if different from the owner’s mailing address, and preaddressed, pre-stamped envelopes for the mailing of notice as required by SMC 15.22.060(M);

H.  A conceptual landscape plan;

I.  A circulation diagram indicating the proposed movement of vehicles and pedestrians within the PUD, and to and from existing and programmed thoroughfares; and special engineering features and traffic regulating devices needed to facilitate or insure the safety of this circulation pattern. (Ord. 95-1012 § 1; Ord. 92-1041 § 1)

15.23.070 Preliminary Development Plan – Staff Recommendation to the Hearing Examiner

After receiving the preliminary development plan, the City Manager, or designee, shall route the same to all appropriate City departments, and each department shall submit to the City Manager, or designee, comments and recommendations. After receiving such information from the City departments, the Director of Planning and Community Development or his designee shall present recommendations and conclusions before the Hearing Examiner at the public hearing for the preliminary development plan. (Ord. 95-1012 § 1; Ord. 92-1041 § 1)

15.23.080 Preliminary Development Plan – Hearing

The preliminary development plan will be considered at a public hearing before the Hearing Examiner after notice is given in the manner required by SMC 15.23.450. (Ord. 92-1041 § 1)

15.23.090 Preliminary Development Plan – Hearing Examiner Review

The Hearing Examiner shall use the following minimum criteria when making a recommendation to City Council:

A.  The proposed project will not be detrimental to present and potential surrounding land use;

B.  Land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible;

C.  Streets and sidewalks, existing and proposed, are in accordance with adopted City development standards to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, in light of the criteria set forth in SMC 15.23.340;

D.  Utility services and other improvements, existing and proposed, are adequate for the development and are to be completed by the estimated completion date of the PUD;

E.  Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment. Such requirements may be reduced through requested permissive variations as outlined in SMC 15.23.360; provided, that the proposed development sustains a desirable and stable environment;

F.  The project conforms with the basic intent of this code;

G.  The project conforms to the SeaTac Comprehensive Plan, and any applicable area plan that has been adopted by the City pursuant to ordinance or resolution; and

H.  If a subdivision application is being processed concurrently, conformance with the requirement of the Subdivision Code.

      Following the public hearing, the Hearing Examiner may recommend approval as proposed, recommend approval with changes and/or upon conditions, or disapprove the application and the accompanying development plan. (Ord. 93-1036 § 13; Ord. 92-1041 § 1)

15.23.100 Preliminary Development Plan – City Council Review

A.  The Hearing Examiner shall make his recommendation to the City Council within thirty (30) days of the hearing.

B.  The Hearing Examiner’s recommendation shall be considered by the City Council at a public meeting, or, at the request of City Council, a public hearing with notice given as provided in SMC 15.23.450 may be held. After consideration of the recommendation, the City Council shall:

1.  Approve the preliminary development plan as recommended;

2.  Approve the preliminary development plan as recommended with minor modifications;

3.  Deny the plan; or

4.  Remand the plan for reconsideration by the Hearing Examiner.

      The City Council shall not approve a major change in the plan as recommended by the Hearing Examiner without first holding a public hearing upon the plan with notice given as provided in SMC 15.23.450.

C.  Approval shall be by resolution.

D.  The City Council shall base its action upon criteria set forth in SMC 15.23.090.

E.  The decision of the City Council shall be final. (Ord. 92-1041 § 1)

15.23.130 Final Development Plan – Failure to File, Termination

A.  In the event the development plan or any required attendant papers are not filed within twelve (12) months for permits in the applicable phases, the approval of the development plan shall lapse, and the approval shall be deemed null and void and without force or effect.

B.  When it is determined as part of the PUD approval that the development plan is to be phased, then the development plan for the first phase must be submitted within twelve (12) months. In no case shall the total phasing of the project exceed five (5) years from the time of the development plan.

C.  The time period for filing of final development plans shall not include periods of time during which progress on the final development plan is reasonably halted or delayed due to the filing and pendency of legal actions challenging an approval granted by the City pursuant to this chapter; provided, that in all cases when more than two (2) years have elapsed subsequent to the date of approval of a preliminary plan, whether due to the pendency of litigation, City approved extensions of time for filing or otherwise, the permittee shall be required to comply with all current building, construction, subdivision and other applicable standards of the City prior to being granted approval of the final development plan. (Ord. 92-1041 § 1)

15.23.140 Final Development Plan – Extension of Time for Filing

For good cause shown, the City Council in its discretion, may grant a one (1) year extension of time for filing the final development permits and required accompanying papers. (Ord. 92-1041 § 1)

15.23.170 Final Development Plan – Hearing Examiner Recommendation

After the public hearing, the Hearing Examiner shall recommend approval, approval with conditions, or disapproval of the final development plan. The Hearing Examiner shall enter reasons for such action in the records. The Hearing Examiner shall recommend approval of the final development plan if determined that it conforms to the standards, including minor changes approved pursuant to SMC 15.23.270. For the purpose of this section, “substantially conforms” means that, as compared to the preliminary development plan, the final development plan contains no significant revisions in density, uses, design or development standards in the site plan, and that there is not such a quantity of insignificant revisions that the cumulative effect thereof constitutes, in the Hearing Examiner opinion, a significant revision. (Ord. 92-1041 § 1)

15.23.180 Final Development Plan – City Council Consideration

The final development plan, together with the Hearing Examiner recommendation thereon, shall be transmitted to the City Council within thirty (30) days of the Hearing Examiner making a recommendation. The City Council shall consider the final development plan and the Hearing Examiner recommendation at a regular meeting or at its discretion may hold a public hearing thereon, with notice to be given as provided in SMC 15.23.450. The City Council shall approve the final development plan by ordinance if it determines that the plan substantially conforms to the standards. For purposes of this section, “substantially conforms” means that, as compared to the approved preliminary development plan, the final development plan contains no significant revision in density, uses, design or development standards in the site plan, and that there is not such a quantity of insignificant revisions that the cumulative effect thereof constitutes, in the opinion of the City Council, a significant revision. (Ord. 92-1041 § 1)

15.23.190 Final Development Plan – Bond Required

No final development plan shall be implemented until the applicant files with the City Finance Department a bond approved by the City, executed by a surety company authorized to do business in the State or other equivalent security approved by the City Attorney, in an amount equal to one hundred fifty percent (150%) of the Public Works Department’s and/or Department of Planning and Community Development’s estimate of the cost of all public improvements, utilities, and all landscaping portions of the final development plan, conditioned upon the permittee’s completion of such portions of the project according to the submitted final development plan and the provisions of this chapter, and, in addition, providing that no change, extension of time, alteration or addition to the project will in any way affect the obligation on bond. Said bond, or an additional bond or other equivalent security, shall also be conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation or work is begun and abandoned, and in the determination of the City, it will better serve the public health, welfare, and safety to restore the site rather than to require completion of public improvements, utilities and landscaping. If the PUD is also being subdivided, the bonds required to be posted by Public Works Department policies/standards, to the extent that they satisfy the requirements of this section, shall be accepted as full or partial fulfillment of the requirements hereof. (Ord. 92-1041 § 1)

15.23.200 Installation of Improvements

In lieu of providing a bond or other suitable security for all required improvements, the applicant may install all such improvements in a manner as approved by the Public Works Department and/or Department of Planning and Community Development. (Ord. 92-1041 § 1)

15.23.210 Final Development Plan – Effect

Approval by the City Council of the final development plan for a PUD and filing of the bond for installation of improvements as provided in SMC 15.23.190 and 15.23.200 shall authorize the owner(s) of the parcel(s) to be developed as a unit to proceed with the project, acting in concern, and shall bind such owner(s) to the implementation of such final development plan and to the construction and maintenance of the PUD in strict accordance with such approved plan and the provisions of this chapter. (Ord. 92-1041 § 1)

15.23.220 Zoning Map Revision

Upon approval of the final development plan the Official Zoning Map shall be revised to:

A.  Reflect the existing underlying zoning for the parcel(s) involved; and

B.  Indicate the approval of a PUD thereon, the date of such approval and the date of termination of such approval pursuant to SMC 15.23.280 in the event that construction has not been commenced within the time period required by that section. The termination date shall be removed upon completion of the project. (Ord. 92-1041 § 1)

15.23.230 Building Permits – Certificates of Occupancy

The Building Official in the Building Division of the Department of Public Works shall issue building permits for buildings and structures which conform to the approved final development plan for the PUD and with all other applicable City ordinances and regulations. The Building Official shall issue a certificate of occupancy (excluding single-family housing, with final inspection as the completion point) for completed buildings or structures which conform to the requirements of the approved final development plans and all other applicable City ordinances and regulations. The construction and development of all the open spaces and public and recreation facilities of each project phase must be completed or bonded before any certificate of occupancy will be issued. (Ord. 92-1041 § 1)

15.23.240 Subdivision Requirements

The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land and the procedures set forth in the SeaTac Subdivision Ordinance, and shall be followed currently herewith. The approved final development plan shall be a binding site plan under RCW 58.17.040(5), so that a lease of land not involving a residential structure shall be exempt from the Subdivision Ordinance if the lease conforms to the final development plan. (Ord. 92-1041 § 1)

15.23.250 Sale of Lots

Lots in a platted planned unit development may be sold to separate owners according to the separate lots as shown in the plat file and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as will create a new lot line except as provided in SMC 15.23.270. (Ord. 92-1041 § 1)

15.23.260 Lots Subject to Final Development Plan

All lots or other divisions of a subdivided PUD shall remain subject to compliance with the final development plan regardless of the fact of subdivision in compliance with the Subdivision Code, or subsequent conveyance of such individual lots or divisions. (Ord. 92-1041 § 1)

15.23.270 Adjustments – Procedures

No major changes in the approved final development plan such as rearrangement of lots (except as applied to binding site plans), blocks, streets, building locations or development standards, or other such changes, may be made subsequent to final development plan approval except upon application to the Department of Planning and Community Development, consideration by the Hearing Examiner, and approval by the City Council. (Ord. 92-1041 § 1)

15.23.280 Termination of Final Planned Unit Development – Failure to Commence or Continue Construction

A.  If the construction has not been started within two (2) years from the date of approval of a final development plan, or if construction has been commenced but the work has been abandoned for a period of one (1) year or more, and if no extension of time has been granted as provided in SMC 15.23.140, the authorization granted for the PUD project shall terminate and all permits and approval issued pursuant to such authorization shall expire and be null and void.

B.  The time period of commencing or continuing construction shall not include periods of time during which commencement of construction or continuation of construction was reasonably halted or reasonably delayed due to the filing of a pendency of legal action challenging an approval granted by the City pursuant to this chapter; provided, that in all cases, when more than two (2) years have elapsed subsequent to the date of approval of the final development plan whether due to pendency of litigation, City approved extensions of time for development, or otherwise, the permit shall be required to comply with all current building, construction, subdivision and other applicable standards of the City; provided further, that a change in zoning classification enacted subsequent to approval of the final development plan shall not affect the project. (Ord. 92-1041 § 1)

15.23.290 Extension of Time for Construction

For good cause shown, the City Council, in its discretion, may grant a one (1) year extension of time for commencement or continuation of construction subsequent to approval of the final development plan. (Ord. 92-1041 § 1)

15.23.300 Applicability of Provisions

The provisions of this chapter shall apply to all PUD projects for which applications are filed after the effective date of the passage of the ordinance codified in this chapter. (Ord. 92-1041 § 1)

15.23.330 Location – Uses Permitted

A.  PUDs may be located in any zone; provided, that uses permitted in the PUD shall be governed by the regulations of the underlying zoning classification or other generally applicable City regulations governing permitted uses, including special district regulations.

B.  Notwithstanding any other provision of this section, accessory, incidental, retail and other nonresidential uses may be specifically and selectively authorized as to exact type and size to be integrated into a residential PUD; provided, that such accessory incidental uses shall be designed to serve only as a convenience to the inhabitants of the residential PUD; and, provided further, that such accessory uses shall be permitted only in those developments which are planned for four hundred (400) or more dwelling units. Building permits or occupancy permits for such uses shall not be issued until one-half (1/2) of the total project is completed. The access for such uses shall be functionally connected to at least one minor arterial or collector street in the PUD.

C.  For the purposes of this section, “residential planned unit development” means a planned unit development allowing only residential uses, except as provided by this section. (Ord. 92-1041 § 1)

15.23.340 Access to Development

The major internal streets serving each PUD located in the UM or more intensive zone shall be functionally connected to at least one (1) minor arterial or collector street as defined in the SeaTac subdivision ordinance. The streets connecting with any PUD, regardless of the zone in which it is located, must be of sufficient size and character to accommodate the traffic to be produced by the project without significantly altering the character of existing residential neighborhoods. Evaluation of the proposal pursuant to this section shall include consideration of the following criteria:

A.  The increase of traffic which will be generated by the development;

B.  The present width and condition of streets to be affected;

C.  Presence or absence of improved sidewalks;

D.  Potential impacts upon the value of surrounding properties;

E.  Anticipated effect upon availability of parking;

F.  Existence of a particular conflict between vehicular and pedestrian traffic; and

G.  The street type designated in City ordinances. (Ord. 92-1041 § 1)

15.23.350 Common Open Space – Requirements

In residential planned unit developments there shall be a minimum of ten percent (10%) of the site’s gross area of the PUD dedicated or reserved as usable common open space land. “Usable common open space” is defined as where the average slope of all areas is four percent (4%) with no slope greater than six percent (6%) and which may be used for passive or active recreation. (Ord. 92-1041 § 1)

15.23.360 Permissive Variations in Requirements

In considering a proposed PUD project, the approval thereof may involve modifications in the regulations, requirements and standards of the zone in which the project is located and the subdivision ordinance so as to appropriately apply such regulations, requirements and standards to the larger site. In modifying such regulations, requirements and standards as they may apply to a PUD project, the limitations set forth in SMC 15.23.370 through 15.23.440 shall apply. The applicant shall bear the burden of supporting any change in requirements. The applicant must make a request in writing for a permissive variation at the time of application for a preliminary planned unit development. (Ord. 92-1041 § 1)

15.23.370 Yards

The requirements for front yards for the zone in which the planned unit development is located shall apply to all exterior boundaries of the site except for commercial developments proposing increases in density pursuant to the commercial density incentives set forth in Chapter 15.24 SMC. (Ord. 93-1036 § 14; Ord. 92-1041 § 1)

15.23.380 Distance Between Buildings

The Hearing Examiner shall set minimum distances between structures to assure adequate sunlight and open space; provided, that minimum distances required by the Uniform Building Code and Fire Code shall be met. (Ord. 92-1041 § 1)

15.23.390 Building Height

Building height and corresponding setback requirements shall be governed by the requirements of the underlying zone as set forth in this code. (Ord. 92-1041 § 1)

15.23.400 Number of Dwelling Units

For any residential PUD, as defined in SMC 15.23.330, located in more than one (1) zone, the total number of dwelling units allowed may be determined by totaling the number of dwelling units allowed on each portion of the PUD area located in a separate zone according to the regulations of that zone. The number of units arrived at by this method may be located anywhere within the planned unit development, subject to the normal development plan approval process set forth in this chapter. (Ord. 92-1041 § 1)

15.23.410 Residential Density Incentives

Residential densities in a residential PUD may be increased pursuant to Chapter 15.24 SMC; provided, that all requirements of this title are met. (Ord. 92-1041 § 1)

15.23.420 Site Coverage

For any residential PUD located in more than one (1) zone, the permitted percentage of coverage by buildings and structures may be determined by calculating the percentage of coverage allowed upon each portion of the PUD located in a separate zone, pursuant to the regulation applicable to that zone, and calculating the average of said percentages. (Ord. 92-1041 § 1)

15.23.430 Off-Street Parking

The total required off-street parking facilities shall not be less than the sum of the required parking facilities for each various use computed separately except as provided in SMC 15.15.030(B). (Ord. 93-1036 § 15; Ord. 92-1041 § 1)

15.23.440 Common Walls

In PUD projects receiving final approval, where units will have common walls, the Building Division of the Public Work Department may issue building permits for construction of those units prior to approval of final lot lines. (Ord. 92-1041 § 1)

15.23.450 Notice of Public Hearing

A.  Notice shall be given at least fourteen (14) days in advance of the public hearing by the posting of notices on the property of the PUD application and at SeaTac City Hall. Notice shall be published once in a newspaper of general circulation, and shall be mailed to all owners of property located within five hundred (500) feet of the exterior boundaries of the subject property, as shown on the records of the King County Treasurer, and to at least one (1) resident of each property which is contiguous to the subject property or separated from it by only a public right-of-way at least fourteen (14) days prior to the public hearing. The applicant shall provide the City with a list of the names and addresses of all such persons. The notice shall generally identify the property affected thereby, set forth the action requested, and the date, hour, place and staff member assigned by the City Manager, or designee, for the hearing thereon. Continued hearings may be held at the discretion of the body considering the application, but no additional notices need be given if the hearing is continued to a specified date. When a subdivision application is being processed concurrently with the planned unit development, the notice requirements shall be met.

B.  No person who has received actual notice of a public hearing, to which the notice requirements of this section apply, shall have standing to challenge the legal validity of the action taken at or after said hearing on the basis that the notice requirements of this section were not complied with. (Ord. 95-1012 § 1; Ord. 92-1041 § 1)

15.23.460 Judicial Review

Any legal action to review a decision of the City Council or the Hearing Examiner under this chapter shall be filed in King County Superior Court within thirty (30) days of the decision, notwithstanding the effective date of any ordinance passed or proposed to effectuate said decision. (Ord. 92-1041 § 1)