HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 07/28/1997 1.I CITY OF Man
a� an
Jim White, Mayor
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Planning Department (253) 859-3390/FAX (253) 850-2544
James P. Harris, Planning Director
PLANNING DEPARTMENT
MEMORANDUM
JULY 28, 1997
MEMO TO: STEVE DOWELL, CHAIR, AND MEMBERS OF THE LAND USE
AND PLANNING BOARD
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: #ZCA-97-3 - AMENDMENT TO PLANNED UNIT DEVELOPMENT
ORDINANCE (POLYGON NORTHWEST)
INTRODUCTION
In April, 1997, Polygon Northwest submitted a regulatory review request to amend the regulations
in the zoning code relating to planned unit developments (PUD). Specifically, the applicant
wishes to allow PUDs to be developed in single-family zoning districts, as long as the site is at
least 100 acres in size (currently, PUDs are not permitted in any single family zoning district).
The applicant is also seeking changes to the permitted uses in a single family PUD, and would like
to add a provision allowing a phased, or "master plan" approval process for PUDs. The City
Council Planning Committee reviewed this request on April 15, 1997, and voted to send it on to
the Land Use and Planning Board for your consideration.
This memorandum will present some background information on the City's regulations pertaining
to PUDs, will analyze the issues related to the applicant's request, and present a staff
recommendation. The issues relating to this application were reviewed at the July 14 workshop,
and were also discussed on the tour which was conducted on July 21.
BACKGROUND
The provisions relating to planned unit developments are found in Section 15.04.080 of the zoning
code. The intent of the PUD is to "create a process to'promote diversity and creativity in site
design, and protect and enhance natural and community features." As outlined in the zoning code,
*UDs allow some mixing of commercial and residential uses, and also allow more flexibility with
regard to development standards such as minimum lot size.
Planned unit developments have`6een permitted as'j=6f theKent zoning code since 1973. In
1987, the Planning Con mtssior reviewed anew=planned unit.development ordinance, which,
H
Amendment to Planned Unit Development Regulations--#ZCA-97-3
July 28, 1997
Page 2
among other things, shortened;the review time and refined allowable density bonuses for PUDs.
After referring the amended provisions to the Planning Committee for review, the City Council
adopted the amended PUD ordinance in August, 1988 (Ordinance #2802).
In 1990, the City Council received a petition from the Responsible Urban Growth Group (RUGG)
which requested that the City;Council consider revisions to the PUD ordinance which would
require that all units in single-family PUDs be detached (previously side-by-side single family
attached units had been allowed) and establishing a minimum lot size in single-family PUDs of
7,200 square feet. In July, 19911, the City Council directed the Planning Commission to look at
the PUD ordinance and address these concerns. The Planning Commission examined several
alternatives, and recommended to the City Council that PUDs simply not be permitted in single-
family residential zoning districts. The City Council concurred with this recommendation, and
adopted Ordinance #3007 on October 15, 1991, eliminating the ability to develop a PUD in
single-family zoning districts.
PROPOSAL
The applicant, Polygon Northwest, seeks to allow PUDs in single-family zoning districts;
however, this would be limited to only those sites which are 100 acres or more. Polygon has been
constructing homes for the past several years in The Lakes development, which is a large master-
planned community, and would like to undertake a similar type of master plan development on
the Kent Highlands property,which is located on West Hill and is currently zoned SR-3. Polygon
feels that the PUD provisions, as amended, would potentially allow them to construct a similar
type of master planned development (albeit at a lower density) on the Kent Highlands property
as has been constructed at the Lakes.
Specifically, the applicant is requesting the following amendments:
1. Allow PUDs in single-family zoning districts, but only if the site is 100 acres or more.
2. Allow attached dwelling units in PUDs--currently, the PUD ordinance allows only those
uses which are permitted in the underlying zoning district, with the exception that
residential PUDs of 10 acres or more may also allow commercial uses. Attached dwelling
units are currently not permitted in single-family zoning districts.
3. Allow a phased, or. "Master plan"process for PUDs—currently, the PUD ordinance
requires that the Hearing Examiner review and approve a specific development plan,
including site plans, landscaping plans, and building elevations. The applicants are .
requesting a process which would allow for the approval of a large conceptual, or master
plan for a whole site, wbkh could then be constructed in phases, with each phase
undergoing development review. This is similar to the way the Lakes project has been
constructed. The Lakes project was approved as a "contract rezone", which stipulated
r
Amendment to Planned Unit Development Regulations--#ZCA-97-3
July 28, 1997
Page 3
densities for various parts of the development; currently, the zoning code has no provision
for allowing phased, master plan projects.
ANALYSIS
Allowing PUDs in single-family areas
Planned unit developments are typically appropriate as a means to provide some diversity in
housing and land uses, and also as a means of protecting open space and environmentally sensitive
areas. This may be particularly appropriate in a fairly developed city such as Kent, since many
of the remaining sites available for development contain some type of environmental constraint,
such as steep slopes, wetlands, or creeks. A planned unit development can therefore allow a site
to contain both development and usable open space by clustering the development on a portion
of the site, and leaving the rest of the site protected. The city's current PUD ordinance, for
example, requires that thirty-five (35) percent of the total site area of a PUD be preserved for
common open space. Furthermore, PUDs are often particularly appropriate on larger sites, as is
being requested by the applicant, since a large site potentially provides greater opportunities for
creative site planning.
Amending the zoning code to provide the option of planned unit developments within single-
family zoning districts is supported by many of the goals and policies in the Kent Comprehensive
Plan. The plan discussed allowing more diversity in housing types, while at the same time
protecting environmentally sensitive areas. The PUD process is potentially an ideal way of
meeting these goals. Some of the applicable goals and policies in the plan are noted below.
Goal LU-9 - Provide opportunities for a variety of housing types, options, and densities
throughout the city and the Potential Annexation Area.
Goal LU 10 - Encourage high-quality site and building design for all residential
developments.
Goal LU 20-Protect and enhance environmentally sensitive areas via the adoption of City
regulations and programs which encourage well-designed land use patterns such as
clustering and planned unit.development. Use such land use patterns to concentrate
higher urban land use densities and intensity of uses in speci�ed areas in order to preserve
natural features such as large wetlands, streams, steep slopes, and forests.
Policy H4.1 - Revise zoning and development standards to facilitate small lot sizes,
manufactured housing on single family lots, townhouses, condominiums, clustering, and
• other options which increase the supply of affordable home awnership opportunities.
Amendment to Planned Unit Development Regulations--#ZCA-97-3
July 28, 1997 •
Page 4
Policy H-9.1 - Promote diversity in style and cost by allowing innovative mixtures of
housing types and creative approaches to housing design and development.
As noted, allowing PUDs in single-family zones, and allowing more flexibility with regard to
housing types in those PUDs, is consistent with these goals and policies. In addition, restricting
single-family PUDs to sites of 100 acres or more can help ensure that single-family areas in
general remain single-family (since the applicants are asking for the opportunity to attach units
in PUDs), and at the same time ensure that a PUD be on a large enough site to allow for
innovative site planning and protection of open space and environmentally sensitive areas.
Housing types
As noted, the applicant has requested the option of attaching dwelling units as part of a PUD
located in single-family areas. ;Many of the comprehensive plan goals and policies noted above
discuss providing more options with regard to housing. Also, restricting single-family PUDs
which would allow attached units to sites of 100 acres or more would provide opportunities for
these developments to be planned in such a way as to minimize impacts to surrounding single-
family neighborhoods, particularly given the existing requirement that at least 35 percent of a
PUD be common open space. It is also important to note that the total number of units in any
PUD, regardless of housing types, would still be regulated by the underlying zoning district. For
example, a PUD in a SR-3 zone could only contain 3.63 units per acre, regardless of the type of
units. The exception to this is that the current PUD ordinance allows up to a 20 percent density
bonus for the provision of certain amenities (see Section 15.04.080(D)). Therefore, the requested
amendment would help enable difficult sites, such as the Kent Highlands site, to be built out at
the densities envisioned by the comprehensive plan, which might otherwise be difficult to
accomplish without the clustering of units.
The Board has several options to consider with regard to how the amended provisions would allow
units to be attached in a single-family PUD. These options are outlined below:
• Provide flexibility with regard to allowing attached units, and have staff, hearing
exammer, and city counbil review as part of PUD application
• Allow attached units, but do not allow any density bonuses if multi family dwellings are
part of the PUD .
• Require that multi-family buildings to be no more than two stories
• Only allow attached side;.by side units (townhouses), not vertically stacked
• Allow attached units, but restrict the number of units per building
• Only allow a certain percentage of total units to be multi family •
The applicants have requested flexibility with regard to the mix of units in a large PUD, since a
PUD occurring on a large site would likely be constructed in phases over time. It is important
again to emphasize that regardless of the unit mix, the overall density of the underlying zoning
Amendment to Planned Unit Development Regulations--#ZCA-97-3
July 28, 1997
Page 5
district would still regulate the total number of units to be constructed. One way to make this
clear would be to remove the density bonus option in a PUD located in a single-family district.
Master plan process
With regard to the request to allow for a conceptual master plan process, this type of process
makes sense for larger sites, and was also utilized (under the provisions of a contractual rezone)
in the development of the Lakes project. This type of process would also be appropriate in the
future for sites which might be developed in phases or combining different uses. For example,
the draft Downtown Subarea Action Plan recommends that the Borden site be developed under
a master plan process; however, there currently is no provision in the zoning code for such a
master plan to be reviewed. The amendment to the PUD ordinance as requested by the applicant
would provide such a process.
Under a master plan process, a conceptual plan would be reviewed by staff and the hearing
examiner as part of the approval process, as opposed to a specific site plan. The conceptual plan
submittal would include total number of units to be built, description of uses, a generalized
circulation plan, phasing plan, and show areas on the site to be preserved. Upon approval, it is
• envisioned that each phase of the project would be reviewed for consistency with the master plan,
and approved administratively if in compliance with such plan.
PUD Approval
As noted earlier, part of the applicant's request involves allowing attached dwelling units in a
single-family PUD. Attached dwelling units are typically not permitted in single-family zoning
districts. Furthermore, the existing PUD ordinance allows commercial uses (those permitted in
the Neighborhood Community Commercial (NCC) district) in a residential PUD of over 10 acres
in size. Commercial uses are also typically not permitted in residential zoning districts.
Under the current PUD ordinance, decisions on PUDs are made by the hearing examiner (Section
15.04.080(E)(7)). The hearing examiner's decision is final unless it is appealed to the City
Council. However, the City's Law Department feels that approving a PUD which permits uses
which are not typically principally permitted in the underlying zoning district is ultimately a
legislative function(similar to a rezone), and should therefore be approved by the City Council.
RFC ATION
After review of the applicant's request, and based upon the analysis of issues as outlined above,
recommends that the Land Use and Planning Board make the following recommendations to
e City Council to amend the regulations pertaining to planned unit developments, as outlined
below:
Amendment to Planned Unit,Development Regulations--#ZCA-97-3
July 28, 1997
Page b
I. Amend Section 15.04080(A) of the zoning code as follows:
A. Zoning districts where permitted PUD's are permitted in all zoning districts with
the exception of the A-1, agricultural, ,
fly-genes. Zone provided, however. that PUDs in SR zones are only allowed
if the s� its®Wast 100 acres in size.
Also amend Section 15.04.080 (C)(2) as follows:
C. Development standards. The following development standards are minimum
requirements for a planned unit development.
Zones Minimum site acreage
z n109 acre
Multifamily (NMD, None
MR-G, MR-M, MR-I)
Commercial, offij-e and None
manufacturing zones
II. Amend Section 15.04.080 (13)(1) and (13)(4) as follows:
B. Permitted uses.
1. PrIncipally`permitted uses. The principally permitted uses in PUD's shall
be the same as those permitted in the underlying zoning classifications
Pxr arovided in subsection B)(4) below.
4. Exceptions., In residential PUD's of ten (10) acres or more, commercial
uses may be permitted. Commercial uses shall be limited to those uses
permitted io the neighborhood convenience commercial district. In PUD's
located in*_zones- mnld- mile dwellines are permitted: nmvid than if
Pt��lairele- miiv zonin_Q district ptnposec to inchide multi-family
dwellings, the density bogs provisions outlined in Section 15.04.080(D)
shall�o��ls
M. Add a new subsection to Section 15.04.080 as follows:
Master plan anarovals. AS master elan process is intended to allow approval of a •
yencralized_ conceptual dewomneni elan on a site which would then be consttucted in
nhases over a loneer period bf time than a typical planned alit development. The master
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ZONING § 15.04.080
permitted in the underlying zoning of this section. If an adjacent property
classification. The conditional use is undevelopable under this title, the
permit review process may be consoli- hearing examiner may also reduce the
dated with that of the PUD pursuant perimeter building setback require-
to procedures specified in subsection F. ment to the minimum standards in the
of this section. city building and fire codes.
3. Accessory uses. Accessory uses and 4. Maximum height of structures. The
buildings which are customarily inci- maximum height of structures of the
dental and subordinate to a principally underlying zone shall apply. Multi-
permitted use are also permitted. family transition area requirements
4. Exceptions. In residential PUD's of ten shall apply to any multifamily devel-
(10) acres or more, commercial uses opments (as provided in section
may be permitted. Commercial uses 15.08.215)except where specifically ex.
shall be limited to those uses permitted emoted by administrative design re-
in the neighborhood convenience dis- view(as provided in section 15.09.045).
trict. The hearing examiner may authorize
C. Development standards. The following de- additional height in CC, GC, DC, CM,
velopment standards are minimum require- Ml, M2 and M3 zones where proposed
ments for a planned unit development: development in the PUD is compatible
1. Minimum lot size exclusion. The min- with the scale and character of adja-
imuxn lot size requirements of the dis- cent existing developments.
tricts outlined in this title shall not 5• Open space.
apply to PUD's. a. The standard set forth in this sub-
2. Minimum site acreage. Minimum site section shall apply to PUD residen-
acreage for a PUD is established ac- tial developments only. Each PUD
cording to the toning district in which shall provide a minimum of thirty-
the PUD is located, as follows: five (35) percent of the total site
area for common open space. In
Zones Site Acreage mixed use PUD's containing resi-
dential uses, thirty-five (35) per.
Multifamily (MR-D, None cent of the area used for residen-
MR-G, MR-M, MR-H) tial use shall be reserved as open
Commercial, office and None space.
manufacturing zones b. For the purpose of this section,
3. Minimum perimeter building setback. open space shall be defined as land
E The minimum perimeter building set. which is not used for buildings,
G back of the underlying zone shall apply. dedicated public rights-of-way,
Multifamily transition area require- traffic circulation and roads,
ments shall apply to any multifamily parking areas, or any kind of
developments (as provided in section storage. Open space includes but
15.08.215),unapt where specifically ex is not limited to privately owned
emoted by administradve design re- woodlands, open fields, streams,
view(as provided in.section 15.09.045). wetlands, severe hazard areas,
The hearing examiner may reduce sidewalks, Sys, landscaped
building separation requirements to areas, gardens, courtyards or
the minimum required by the building lawns. Common open space may
and fire departments according with provide for either active or passive
the criteria set forth in subsection F.1. recreation.
1167
4 15.04.080 KENT C17Y CODE
c. Open space within a PUD shall be by the applicant and approved by
available for common use by the the planning director. Vehicular
residents, tenants or the general parking areas may be provided by
public, depending on the type of onstreet parking or offstreet
project. parking Iots. The design of such
parking areas shall be in accor.
6. Streets. If streets within the develop-ment are required to be dedicated to in chapter 1 dance with the standards outlined
he s
the city for public use,such streets shall c. One-way streets. One-way loop
be designed in accordance with the streets shall be no more than one
standards outlined in the city subdivi- thousand five hundred(1,500) feet
sion code and other appropriate city long.
standards. If streets within the devel- d. Onstreet parking. Onstreet parking
opment are to remain in private own-
ership and remain as private streets, shall be permitted. Privately
owned and maintained
the following standards shall apply: may
parking"and"fire lane"signs may
a. Minimum private street pavement be required as determined by the
widths for parallel parking in res- city traffic engineer and city fire
idential planned unit developments. department chief.
Minimum private street pavement
widths for parallel parking in res- 7. Pedestrian walkways. Pedestrian walk-
idential planned unit develop- ways shall be constructed of material
meats are as follows- deemed to be an all-weather surface by
the public works director and planning
No Parking Parking director.
Parking One Side Both Side: 8 Landscaping.
(feet) (feet) (feet)
One-way 20 29 38 a. Minimum perimeter landscaping
street of the underlying zone shall apply.
Two-way 22 31 40 Additional landscaping shall be re-
streets quired as provided in chapter 15.07
The minimum widths set out in and section 15.08.215.
this subsection may be modified b• All PUD developments shall en-
upon review and approval by the sure that parking areas are inte-
city fire chief and the city traffic grated with the landscaping
engineer providing they are sufl"i- system and provide screening of ve-
cient to maintain emergency ac- hicles from view from public
cars and traffic safety. A mainte- streets.Parking areas shall be con-
nance agreement for private veniently located to buildings and
streets within a PT-M shall be re- streets while providing for land.
quired by the hearing examiner as moping atUacent to buildings and
a condition of PT.M approval. pedestrian access.
b. Vehicle Adequate c. Solid. waste collection areas and
' waste reduction orrecyclingcollec-
vehicular parking areas shall be tion areas shall be conveniently
provided. The required number of and safely located for onsite use
parking spaces may vary from the and collection,and attractively site
requiremeats of chapter 15.05 and screened.
• shall be approved by the hearing
examiner based upon a parking 9. Signs. The sign regulations of chapter
need assessment study submitted 15.06 shall apply.
1168
ZONING § 15.04.080
10. Platting. If portions of the PM are to including but not limited to jogging or
be subdivided for sale or lease, the pro- walking trails, pools, children's play
cedures of the city subdivision code,as areas, etc. Only that percentage of
amended,shall apply.Specific develop- space contained within accessory struc.
ment standards such as lot sue, street tures that is directly used for active
design, etc., shall be provided as out- recreation purposes can be included in
Lined in subsection 15.04.080 E. the ten-percent active recreation re-
11. Green River Corridor.:Any development quirement.
located within the Careen River Cor- 3. Stormmater drainage. A two-percent
ridor special interest district shall ad- density bonus may be authorized if
here to the Green Riker Corridor spe- stormwater drainage control is accom-
cfal interest district zregulations. plished using natural onsite drainage
12. V:em regulations. View regulations as features.Natural drainage feature may
specified in section 15.08.060 shall include streams, creeks, ponds, etc.
apply to all PUD's. 4. Native vegetation. A four-percent den-
13. Shoreline master progIram. Any devel- sity bonus may be authorized if at least
opment located within two hundred fifteen (15) percent of the native vege-
(200) feet of the Greeri River shall ad- tation on the site is left undisturbed in
here to the city sboreline master pro- large open areas.
gram regulations. 5. Parking lot sue. A two-percent density
D. Density bonus standards.The density of res- bonus may be authorized if offstreet
idential development for PTM's shall be parking is grouped in areas of sixteen
based on the gross density of the under- (16) stalls or less. Parking areas must
lying zoning district. The hearing exam- be separated from other parking areas
iner may recommend a dweilling unit den- or buildings by significant landscaping
sity not more than twenty (20) percent in excess of type V standards as pro-
greater than that permitted by the under- vided in section 15.07.050.At least fifty
lying zone upon findings and conclusions (50)percent of these parking areas must
that the amenities or design features which be designed as outlined in this subsec-
promote the purposes of this subsection, as tion to receive the density bonus.
follows, are provided: 6. Mixed housing types. A two-percent
1. Open space. A four-percent density density bonus may be authorized if a
bonus may be authorizeii4f at least ten development features a mix of residen-
(10)percent of the open space is in con- tial housing types. Single-family resi-
centrated areas for passive use. Open dences, attached single units, condo-
space shall include significant natural miniums, apartments and townhomes
features of the site, inclujding but not are examples of housing types.The mix
limited to fields, woodlands, water- need not include some of every type.
courses, and permanent and seasonal 7. Project planking and management A
wetlands.Excluded from the open space two-percent density bonus may be
definition are the areas]within the granted if a desiaWdevelopment team
building footprints, land used for is used.Such a team would include a
parking;vehi,cularchzdation or rights- mixture of architects,engineers,land-
of-way,and areas used foriany kind of scape architects and designers. A do-
Storage. sign/development testa is
l. duce
rwvction areas A dour-percent likely to pro-
density bonus may be authorized if at duce a professional development
least tea(IO) percent of th$site is uti- concept that would be consistent with
lized for active rec�estionol purposes. the purpose of the zoning regulations.
1169
1 15,04.080 KENT CITY CODE
10
These standards are thresholds, and par- at least one (1) publication in the
tial credit is not given for partial attain. local newspaper at least ten (10)
went.The site plan must at least meet the days prior to the public hearing.
threshold level of each bonus standard in Written notice shall be mailed first
order for density bonuses to be given for class to all property owners within
that standard. a radius of not less than two hun.
E. Application process. The application pro- dred (200) feet of the exterior
cess includes the following steps: informal boundaries of the property subject
review process, compliance with the state to the application. Any alleged
Environmental Policy Act, community in- failure of any property owner to
formation meeting, development plan re- actually receive the notice of
view,and public hearing before the hearing hearing shall not invalidate the
proceedings.
examiner. b. Nonresidential PUD's not Iocated
1. Informal review process. An applicant within two hundred(200) feet of a
shall meet informally with the plan• residential zone shall not require
ring department at the earliest pos- a community information meeting.
sible date to discuss the proposed PUD.
The purpose of this meeting is to de-
velop a project that will meet the needs public hearing. The hearing examiner
of the applicant and the objectives of shall hold at least one(1)public hearing
the city as defined in this title. on the proposed PUD and shall give
2. SEPAcomplianca Compliance with the notice thereof in at least one (1) publi.
state Environmental Policy Act and cation in the local newspaper at least
regulations and city SEPA require- ten(10)days prior to the public hearing.
ments shall be completed prior to de- Written notice shall be mailed first
velopment plan review. class to all property owners within a
3. Development plan review. After in- radius of not less than two hundred
formal review and completion of the (200) feet of the exterior boundaries of
SEPA process,a proposal shall next be the property subject to the application.
reviewed by city staff through the de. Any alleged failure of any property
velopment plan review process. Com- owner to actually receive the notice of
ments received by the project devel. hearing shall not invalidate the pro-
oper under the development review ceedings.
process shall be used to formalize the 6. Consolidation of land use permit pro-
proposed development prior to the de- cesses. The PUD approval process may
velopment being presented at a public be used to consolidate other land use -
hearing before the hearing examiner. permit processes which are required by
4. Community information meeting. other sections of this title. The public
hearing required for the PUD may
a. A communityinformation meeting serve as the public hearing for the can.
shall be required for any proposed ditional use permit,subdivision,shore-
PUD located in a residential.zone line substantial development and re-
or within two hundred(200)feet of zoning if such land use permits are a
a residential zone.At this meeting part of the overall PUD application.
the applicant shall present the de. When another land use permit is in-
velopment proposed to interested volved which requires city council ap.
residents. ]'sues raised at the proval,the PUD shall not be deemed to
meeting may be used to refine the be approved until the city council has
PUD plan.Notice shall be given in approved the related land use permit.
1170
ZONING § 15.04.08a
If a public hearing is required for any b. Unusual environmental features of
of the categories of actions listed in this the site shall be preserved, main-
subsection,the hearing examiner shall tained and incorporated into the
employ the public hearing notice re- design to benefit the development
quirements for all actions considered and the community.
which ensure the',maximum notice to c. The proposed PUD project shall
the public. provide areas of openness by using
7. Hearing examiner decision. The techniques such as clustering,sep-
hearing examiner shall issue a written aration ofbuilding groups,and use
decision within ten (10) working days of well-designed open space and
from the date of the hearing. Parties of landscaping.
record will be notified in writing of the d. The proposed PUD project shall
decision. The decision is final unless promote variety and innovation in
notice of appeal is ruled with the city site and building design.Buildings
clerk within fourteen (14) days of re- in groups shall be related by
ceipt by the developer of the decision. common materials and roof styles,
S. Effective date. In approving a PUD, the but contrast shall be provided
hearing examiner shall specify that the throughout the site by the use of
approved PUD shall not take effect un- varied materials, architectural de-
less or until the developer files a com- tailing,building scale and orienta-
pleted development permit application tion.
within the time period$required by this e. Building design shall be based on
title as set forth in subsection G.of this a unified design concept, particu-
section. No official maps or zoning text larly when construction will be in
designations shall be amended to re- phases.
flect the approved Pt7D designation 2. Nonresidential planned unit develop-
until such time as the PUD becomes ment criteria.
effective.
a. The proposed project shall have a
F. Review criteria for planned unit develop-
beneficial effect which would not
ments. Upon receipt of a complete applica- normally be achieved by tradi-
tion for a residential PUD,, the planning tional lot-by-lot development and
department shall review the application and not be detrimental to present or
make its recommendation to the hearing potential surrounding land uses as
examiner. The hearing examiner shall de- defined by the comprehensive plan.
termine whether to grant, deny or condi- b. Unusual environmental features of
tion an application based upon,the following the site shall be preserved, main-
review criteria- tained and incorporated into the
1 Residential planned unit jde mlopment design to benefit the development
criteria.
and the community.
c. The proposed project shall provide
a. The proposed PUD project shall areasof opiimmby.the clustering
have a.benedicial elect upon the ofbufidings;andby the use ofwell
community and users Of the"vei. designed'Landscaping•and open
opnmt which would nbt normally spaces.Landscaping shall promote
be achieved bytradidoaallat•by--lot a coordinated appearance and
development and shalinot be det- break up continuous expanses of
dmental to existing of potential building and pavement.
surrounding land uses las defined d. The proposed project shall promote
by the comprehensive pl= variety and innovation in site and
1171
i
.04.080 KENT CITY CODE
building design.It shall encourage c. No change in the general location
the incorporation of special design or number of access points is pro.
features such as visitor entrances, posed;
plazas, outdoor employee Iunch d. No reduction in the amount of open
and recreation areas,architectural space is proposed;
focal points and accent lighting. e. No reduction in the amount of
e. Building design shall be based on parking is proposed;
a unified design concept, particu- f. No increase in the total square
larly when construction will be in footage of structures to be devel.
phases. oped is proposed; and
g. No increase in general height of
G. Time limits. structures is proposed.
1. Application for developmentpermit. The Examples of minor modifications in-
applicant shall apply for a development clude but are not limited to lot line ad-
permit no later than one (1) year fol. justments, minor relocations of build.
lowing final approval of the PUD. The ings or landscaped areas, minor
application for development permit changes in phasing and timing, and
shall contain all conditions of the PUD minor changes in elevations of build.
approval. ings.
2. Extensions.An extension of time for de- 2. Major modifications. Major adjust.
velopment permit application may be ments are those which, as determined
requested in writing by the applicant. by the planning director, substantially
Such an extension may be granted by change the basic design, density, open
the planning director for a period not space or other similar requirements or
to exceed one(1)year.If a development provisions.Major adjustments to the de-
permit is not issued within two (2) velopment plans shall be reviewed by
years, the PUD approval shall become the hearing examiner.The hearing ex.
null and void and the PUD shall not aminer may review such adjustments
take effect at a regular public hearing. If a public
H. Modification of plan. Requests for modify- hearing is held, the process outlined in
cations of final approved plans shall be subsection 15.04.080 F.shall apply.The
made in writing and shall be submitted to hearing examiner shall issue a written
the planning department in the manner and decision to approve,deny or modify the
form prescribed the request.Such a decision shall be final.
p p for'The criteria for approval of a request fora The decision may be appealed to the
majorcouncil by the filing of written no-
major modification shall be those criteria
covering original approval of the permit tice of appeal with the city clerk within
which is the subject of the proposed modi- fourteen (14) days of the date of the
developer's receipt of the hearing ex.
fication aminer's decision.
1. Minor modifcadona Modifications are (Ord. No. 2802, § 2, 9.6.88; Ord. No. 3007, 4 2,
deemed minor if all the following cri- 10-15.91)
teria are satisfied;
a. No new land use is proposed; sec. 15.04.090. Neighborhood convenience
b. No iaeresse in density, number of commercial district,NCC.
dwelling units or lots is proposed; It is the purpose of the NCC district to provide
small nodal area for retail and personal service
activities convenient to residential areas and to
1172 ✓