HomeMy WebLinkAbout3381Ordinance No. 3381-
["Beginning
July 1, 1998"]
(Amending or Repealing Ordinances)
Sec. 15.04.080 Repealed by Ord. 3409
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ORDINANCE NO. -3-3-8-LL
AN ORDINANCE of the City Council of Kent,
Washington, relating to amendments to the Planned Unit
Development regulations in Section 15.04.080 of the Kent
Zoning Code.
WHEREAS, in April, 1997, an applicant proposed a change to the Kent
Zoning Code regulation pertaining to Planned Unit Developments (PUD), set forth in
Section 15.04.080 of the Kent Zoning Code; and
WHEREAS, on July 28, 1997, the Land Use and Planning Board
conducted a public hearing on the proposed amendments to the PUD regulations, and
recommended that the amendments be adopted with some revisions; and
WHEREAS, on August 19, the Kent City Council reviewed the
recommendation of the Land Use and Planning Board, and voted to send the proposed
PUD amendments to the City Council Planning Committee for further review; and
WHEREAS, on November 18, 1997, the City Council Planning
Committee reviewed the recommendation of the Land Use and Planning Board, and voted
to recommend approval to the City Council of the proposed amendments to the PUD
regulations, as revised by the Land Use and Planning Board, and including a provision
regarding allowing condominiums in a PUD located in a single-family zoning district;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new section 15.02.091 is added to Chapter 15.02,
amending the Kent Zoning Code as follows:
Section 15.02.091. Condominium. Condominium means real property. portions
of which are designated for separate ownership and the remainder of which is designated
for common ownership solely by the owners of those portions. Real property is not a
condominium unless the undivided interest in the common elements are vested in the unit
owners and unless a declaration and a survey map and plans have been recorded.
Condominiums must meet all provisions of Ch. 64.34 RCW.
SECTION2. Section 15.04.080 of the Kent Zoning Code is amended as
follows:
Sec. 15.04.080. Planned unit development, PUD. 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. The process is provided to encourage unique
developments which may combine a mixture of residential, commercial and industrial
uses. By using flexibility in the application of development standards, this process will
promote developments that will benefit citizens that live and work within the city.
A. Zoning districts where permitted. PUD's are permitted in all zoning
districts with the exception of the A-1, agricultural, RA, , ....sdent a
zones. zone, provided.
however, that PUDs in SR zones are only allowed if the site is at least 100
acres in size.
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 except as provided in subsection
15.04.08081(4).
2. Conditional uses. The conditional uses in PUD's shall be the same
as those permitted in the underlying zoning classification. The
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conditional use permit review process may be consolidated with
that of the PUD pursuant to procedures specified in subsection F.
of this section.
3. Accessory uses. Accessory uses and buildings which are
customarily incidental and subordinate to a principally permitted
use are also permitted.
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 in the neighborhood convenience
district. In PVDs located in SR zones, attached dwelling units arer
permitted only if they are condominiums created in accordance
with the Washington Condominium Act, Ch. 64.34 RCW;
provided that if a ,proposed PUD in a single-family zoning district
includes condominiums, the density bonus provisions outlined in
Section 15 04 080(D) shall not apply, and further provided that no
condominium building may exceed two (2) stories.
C. Development standards. The following development standards are
minimum requirements for a planned unit development:
1. Minimum lot size exclusion. The minimum lot size requirements
of the districts outlined in this title shall not apply to PUD's.
2. Minimum site acreage. Minimum site acreage for a PUD is
established according to the zoning district in which the PUD is
located, as follows:
Zones
Minimum Site Acreage
SR zones (SR -1, SR -2, SR -3, SR -4.5, SR -6
100 acres
SR -8
Multifamily (MR -D, MR -G, MR -M, MR -H)
None
Commercial, office and manufacturing zones
None
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3. Minimum perimeter building setback. The minimum perimeter
building setback of the underlying zone shall apply. Multifamily
transition area requirements shall apply to any multifamily
developments (as provided in section 15.08.215), except where
specifically exempted by administrative design review (as
provided in section 15.09.045). The hearing examiner may reduce
building separation requirements to the minimum required by the
building and fire departments according with the criteria set forth
in subsection F.I. of this section. If an adjacent property is
undevelopable under this title, the hearing examiner may also
reduce the perimeter building setback requirement to the minimum
standards in the city building and fire codes.
4. Maximum height of structures. The maximum height of structures
of the underlying zone shall apply. Multifamily transition area
requirements shall apply to any multifamily developments (as
provided in section 15.08.215) except where specifically exempted
by administrative design review (as provided in section
15.09.045). The hearing examiner may authorize additional height
in CC, GC, DC, CM, Ml, M2 and M3 zones where proposed
development in the PUD is compatible with the scale and
character of adjacent existing developments.
5. Open space.
a. The standard set forth in this subsection shall apply to
PUD residential developments only. Each PUD shall
provide a minimum of thirty-five (35) percent of the total
site area for common open space. In mixed use PUD's
containing residential uses, thirty-five (35) percent of the
area used for residential use shall be reserved as open
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space.
b. For the purpose of this section, open space shall be defined
as land which is not used for buildings, dedicated public
rights-of-way, traffic circulation and roads, parking areas,
or any kind of storage. Open space includes but is not
limited to privately owned woodlands, open fields,
streams, wetlands, severe hazard areas, sidewalks,
walkways, landscaped areas, gardens, courtyards or lawns.
Common open space may provide for either active or
passive recreation.
C. Open space within a PUD shall be available for common
use by the residents, tenants or the general public,
depending on the type of project.
6. Streets. If streets within the development are required to be
dedicated to the city for public use, such streets shall be designed
in accordance with the standards outlined in the city subdivision
code and other appropriate city standards. If streets within the
development are to remain in private ownership and remain as
private streets, the following standards shall apply:
a. Minimum private street pavement widths. Minimum
private street pavement widths for parallel parking in
residential planned unit developments. Minimum private
street pavement widths for parallel parking in residential
planned unit developments are as follows:
5
No Parking
(feet)
Parking One Side
(feet)
Parking Both Sides
(feet)
One-way streets
20
29
38
Two-way streets
22
31
40
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The minimum widths set out in this subsection may be
modified upon review and approval by the city fire chief
and the city traffic engineer providing they are sufficient
to maintain emergency access and traffic safety. A
maintenance agreement for private streets within a PUD
shall be required by the hearing examiner as a condition of
PUD approval.
b. Vehicle parking areas. Adequate vehicular parking areas
shall be provided. The required number of parking spaces
may vary from the requirements of chapter 15.05 and shall
be approved by the hearing examiner based upon a parking
need assessment study submitted by the applicant and
approved by the planning director. Vehicular parking areas
may be provided by on -street parking or off-street parking
lots. The design of such parking areas shall be in
accordance with the standards outlined in chapter 15.05.
C. One-way streets. One-way loop streets shall be no more
than one thousand five hundred (1,500) feet long.
d. On -street parking. On -street parking shall be permitted.
Privately owned and maintained "no parking" and "fire
fire
lane" signs may be required as determined by the city
traffic engineer and city fire department chief.
7. Pedestrian walkways. Pedestrian walkways shall be constructed of
material deemed to be an all-weather surface by the public works
director and planning director.
8. Landscaping.
a. Minimum perimeter landscaping of the underlying zone
shall apply. Additional landscaping shall be required as
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provided in chapter 15.07 and section 15.08.215.
b. All PUD developments shall ensure that parking areas are
integrated with the landscaping system and provide
screening of vehicles from view from public streets.
Parking areas shall be conveniently located to buildings
and streets while providing for landscaping adjacent to
buildings and pedestrian access.
C. Solid waste collection areas and waste reduction or
recycling collection areas shall be conveniently and safely
located for onsite use and collection, and attractively site
screened.
9. Signs. The sign regulations of chapter 15.06 shall apply.
10. Platting. If portions of the PUD are to be subdivided for sale or
lease, the procedures of the city subdivision code, as amended,
shall apply. Specific development standards such as lot size, street
design, etc., shall be provided as outlined in subsection 15.04.080
E.
11. Green River Corridor. Any development located within the Green
River Corridor special interest district shall adhere to the Green
River Corridor special interest district regulations.
12. View regulations. View regulations as specified in section
15.08.060 shall apply to all PUD's.
13. Shoreline master program. Any development located within two
hundred (200) feet of the Green River shall adhere to the city
shoreline master program regulations.
D. Density bonus standards. The density of residential development for
PUD's shall be based on the gross density of the underlying zoning
district. The hearing examiner may recommend a dwelling unit density not
more than twenty (20) percent greater than that permitted by the
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underlying zone upon findings and conclusions that the amenities or
design features which promote the purposes of this subsection, as follows,
are provided:
1. Open space. A four -percent density bonus may be authorized if at
least ten (10) percent of the open space is in concentrated areas for
passive use. Open space shall include significant natural features
of the site, including but not limited to fields, woodlands,
watercourses, and permanent and seasonal wetlands. Excluded
from the open space definition are the areas within the building
footprints, land used for parking, vehicular circulation or rights-of-
way, and areas used for any kind of storage.
2. Active recreation areas. A four -percent density bonus may be
authorized if at least ten (10) percent of the site is utilized for
active recreational purposes, including but not limited to jogging
or walking trails, pools, children's play areas, etc. Only that
percentage of space contained within accessory structures that is
directly used for active recreation purposes can be included in the
ten -percent active recreation requirement.
3. Stormwater drainage. A two -percent density bonus may be
authorized if stormwater drainage control is accomplished using
natural onsite drainage features. Natural drainage feature may
include streams, creeks, ponds, etc.
4. Native vegetation. A four -percent density bonus may be
authorized if at least fifteen (15) percent of the native vegetation
on the site is left undisturbed in large open areas.
5. Parking lot size. A two -percent density bonus may be authorized
if off-street parking is grouped in areas of sixteen (16) stalls or
less. Parking areas must be separated from other parking areas or
buildings by significant landscaping in excess of type V standards
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as provided in section 15.07.050. At least fifty (50) percent of
these parking areas must be designed as outlined in this subsection
to receive the density bonus.
6. Mixed housing types. A two -percent density bonus may be
authorized if a development features a mix of residential housing
types. Single-family residences, attached single units,
condominiums, apartments and townhomes are examples of
housing types. The mix need not include some of every type.
7. Project planning and management. A two -percent density bonus
may be granted if a design/development team is used. Such a team
would include a mixture of architects, engineers, landscape
architects and designers. A design/development team is likely to
produce a professional development concept that would be
consistent with the purpose of the zoning regulations.
These standards are thresholds, and partial credit is not given for partial
attainment. The site plan must at least meet the threshold level of each
bonus standard in order for density bonuses to be given for that standard.
E. Master plan annrovals The master plan process is intended to allow
approval of a generalized conceptual development plan on a site which
would then be constructed in ,phases over a longer period of time than a
typical planned unit development The master plan approval process is
typically appropriate for development which might occur on a site over a
period of several years and in phases which are not entirely predictable.
1. Submittal requirements The distinguishing characteristic between
a Master Plan Development application and a Planned Unit
Development Uplication is that a Master Plan Development
proposal is conceptual in nature However, the Master Plan
application shall provide sufficient detail of the scope of the
development the uses the amount of land to be developed and
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preserved. and how services will be provided The specific
submittal requirements are noted below:
a. a written description of the scope of the project including
total anticipated build -out (number of units of residential
gross floor area for commercial) and the types of uses
proposed:
b. a clear vicinity map, showing_ adjacent roads,•
C. a fully dimensional site plan, which would show the areas
upon which development would occur, the proposed
number of units or buildings in each phase of the
development, the areas would be preserved for open space
or protection of environmentally sensitive features and a
iaeneralized circulation plan, which would include
proposed pedestrian and bicycle circulation,•
d. a generalized drainage and stormwater runoff plan:
e. a site map showing contours at not greater than five (5)
foot intervals and showing_any wetlands streams or other
natural features
f. a description of the proposed phasing plan
f� documentation of coordination with the Kent school
district
h. certificates of water and sewer availability
generalized building elevations showingthe he types of uses
being proposed
2. Density. The gross density of a residential master plan project
shall be the same as the densitv allowable in the underlyingzoning
oning
district.
3. Open Space. The criteria in 15.04.080 (C5 shall apply
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4. Ayvlication process The Uplication process for a master elan
application shall be as outlined in 15.04.080(Fl.
5. Review criteria The review criteria for a master elan annlication
shall be the same as those outlined in 15.04.080(G).
6. Administrative approval of individual phases Once a master site
plan PUD has been approved12ursuant to Section 15.04.080(Fl.
any individual phase of the development shall be reviewed and
approved administratively as outlined in Chanter 15.09 of this
Title,• provided that for each phase of development that includes a
residential condominium the applicant shall submit a copy ofthe
condominium declaration recorded ay-ainst the property, and as
outlined in RCW 64.34.200.
7. Time limits The master plan approved by the Hearing Examiner
or City Council as provided in Section 15 04 080(F) shall be valid
for period of up to seven (7) years At the end of this seven (7)
year period development permits must be issued for all phases of
the master plan development An extension of time may be
requested by the applicant A single extension may be granted by
the planning director for a period of not more than two (2) more
additional years.
Modifications. Once Upro� ved requests for modifications to the
master plan project shall be made in writing; to the planning
director. The planning director shall make a determination as to
whether the requested modification is major or minor as outlined
in Section 15.04.080(Il.
1=-F. Application process. The application process includes the following steps:
informal review process, compliance with the State Environmental Policy
Act, community information meeting, development plan review, and
public hearing before the Hearing Examiner.
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1. Informal review process. An applicant shall meet informally with
the planning department at the earliest possible date to discuss the
proposed PUD. The purpose of this meeting is to develop a project
that will meet the needs of the applicant and the objectives of the
city as defined in this title.
2. SEPA compliance. Compliance with the State Environmental
Policy Act and regulations and city SEPA requirements shall be
completed prior to development plan review.
3. Development plan review. After informal review and completion
of the SEPA process, a proposal shall next be reviewed by city
staff through the development plan review process. Comments
received by the project developer under the development review
process shall be used to formalize the proposed development prior
to the development being presented at a public hearing before the
hearing examiner.
4. Community information meeting.
a. A community information meeting shall be required for
any proposed PUD located in a residential zone or within
two hundred (200) feet of a residential zone. At this
meeting the applicant shall present the development
proposed to interested residents. Issues raised at the
meeting may be used to refine the PUD plan. Notice shall
be given in at least one (1) publication in the local
newspaper at least ten (10) days prior to the public
hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two
hundred (200) feet of the exterior boundaries of the
property subject to the application. Any alleged failure of
any property owner to actually receive the notice of
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hearing shall not invalidate the proceedings.
b. Nonresidential PUD's not located within two hundred
(200) feet of a residential zone shall not require a
community information meeting.
5. Public notice and hearing examiner public hearing. The hearing
examiner shall hold at least one (1) public hearing on the proposed
PUD and shall give notice thereof in at least one (1) publication in
the local newspaper at least ten (10) days prior to the public
hearing. Written notice shall be mailed first class to all property
owners within a radius of not less than two hundred (200) feet of
the exterior boundaries of the property subject to the application.
Any alleged failure of any property owner to actually receive the
notice of hearing shall not invalidate the proceedings.
6. Consolidation of land use permit processes. The PUD approval
process may be used to consolidate other land use permit
processes which are required by other sections of this title. The
public hearing required for the PUD may serve as the public
hearing for the conditional use permit, subdivision, shoreline
substantial development and rezoning if such land use permits are
a part of the overall PUD application. When another land use
permit is involved which requires city council approval, the PUD
shall not be deemed to be approved until the city council has
approved the related land use permit. If a public hearing is
required for any of the categories of actions listed in this
subsection, the hearing examiner shall employ the public hearing
notice requirements for all actions considered which ensure the
maximum notice to the public.
7. Hearing Examiner decision. The Hearing Examiner shall issue a
written decision within ten (10) working days from the date of the
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hearing. Parties of record will be notified in writing of the
decision. The decision is final unless notice of appeal is filed with
the city clerk within fourteen (14) days of receipt by the developer
of the decision. For PVDs which propose a use which is not
fiypically permitted in the underlying zoning district as provided in
Section 15.04.080(B)(4), the Hearing Examiner shall forward a
recommendation to the City Council which shall have the final
authority to approve or deny the proposed PUD For a proposed
residential PUD that includes condominiums as outlined in Sec.
15.04.080(B)(4). a condition of approval by the City Council shall
be that for each development phase the applicant shall submit a
recorded copy of the covenants conditions and restrictions
recorded against the Property. Within thirty (30) days of receipt
of the Hearing Examiner's recommendation the City Council
shall at a regular meetin,,.g,, consider the application.
8. Effective date. In approving a PUD, the hearing examiner shall
specify that the approved PUD shall not take effect unless or until
the developer files a completed development permit application
within the time periods required by this title as set forth in
subsection G. of this section. No official map or zoning text
designations shall be amended to reflect the approved PUD
designation until such time as the PUD becomes effective.
E -G. Review criteria for planned unit developments. Upon receipt of a complete
application for a residential PUD, the planning department shall review
the application and make its recommendation to the hearing examiner. The
hearing examiner shall determine whether to grant, deny or condition an
application based upon the following review criteria:
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I . Residential planned unit development criteria.
a. The proposed PUD project shall have a beneficial effect
upon the community and users of the development which
would not normally be achieved by traditional lot -by -lot
development and shall not be detrimental to existing or
potential surrounding land uses as defined by the
comprehensive plan.
b. Unusual environmental features of the site shall be
preserved, maintained and incorporated into the design to
benefit the development and the community.
C. The proposed PUD project shall provide areas of openness
by using techniques such as clustering, separation of
building groups, and use of well-designed open space and
landscaping.
d. The proposed PUD project shall promote variety and
innovation in site and building design. Buildings in groups
shall be related by common materials and roof styles, but
contrast shall be provided throughout the site by the use of
varied materials, architectural detailing, building scale and
orientation.
e. Building design shall be based on a unified design
concept, particularly when construction will be in phases.
2. Nonresidential planned unit development criteria.
a. The proposed project shall have a beneficial effect which
would not normally be achieved by traditional lot -by -lot
development and not be detrimental to present or potential
surrounding land uses as defined by the comprehensive
plan.
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b. Unusual environmental features of the site shall be
preserved, maintained and incorporated into the design to
benefit the development and the community.
C. The proposed project shall provide areas of openness by
the clustering of buildings, and by the use of well-designed
landscaping and open spaces. Landscaping shall promote
a coordinated appearance and break up continuous
expanses of building and pavement.
d. The proposed project shall promote variety and innovation
in site and building design. It shall encourage the
incorporation of special design features such as visitor
entrances, plazas, outdoor employee lunch and recreation
areas, architectural focal points and accent lighting.
e. Building design shall be based on a unified design
concept, particularly when construction will be in phases.
Cy -.H. Time limits.
1. Application for development permit. The applicant shall apply for
a development permit no later than one (1) year following final
approval of the PUD. The application for development permit
shall contain all conditions of the PUD approval.
2. Extensions. An extension of time for development permit
application may be requested in writing by the applicant. Such an
extension may be granted by the planning director for a period not
to exceed one (1) year. If a development permit is not issued
within two (2) years, the PUD approval shall become null and void
and the PUD shall not take effect.
H-. I. Modifications of plan. Requests for modifications of final approved plans
shall be made in writing and shall be submitted to the planning department
in the manner and form prescribed by the planning director. The criteria
NO
for approval of a request for a major modification shall be those criteria
covering original approval of the permit which is the subject of the
proposed modification.
1. Minor modifications. Modifications are deemed minor if all the
following criteria are satisfied:
a. No new land use is proposed;
b. No increase in density, number of dwelling units or lots is
proposed;
C. No change in the general location or number of access
points is proposed,
d. No reduction in the amount of open space is proposed;
e. No reduction in the amount of parking is proposed;
f. No increase in the total square footage of structures to be
developed is proposed; and
g. No increase in general height of structures is proposed.
Examples of minor modifications include but are not limited to lot
line adjustments, minor relocations of buildings or landscaped
areas, minor changes in phasing and timing, and minor changes in
elevations of buildings.
2. Major modifications. Major adjustments are those which, as
determined by the planning director, substantially change the basic
design, density, open space or other similar requirements or
provisions. Major adjustments to the development plans shall be
reviewed by the hearing examiner. The hearing examiner may
review such adjustments at a regular public hearing. If a public
hearing is held, the process outlined in subsection 15.04.080 F.
shall apply. The hearing examiner shall issue a written decision to
approve, deny or modify the request. Such a decision shall be
final. The decision may be appealed to the city council by the
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filing of written notice of appeal with the city clerk within
fourteen (14) days of the date of the developer's receipt of the
hearing examiner's decision.
SECTION 3. If any one or more sections, subsections or sentences of this
Chapter are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force
and effect.
SECTION4. This ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval and publication as provided by law.
ATTEST:
BRENDA JACOBE, C Y CLERK
APPROVED AS TO FORM:
RO ER LUBOVICH, CITY ATTORNEY
WHITE, MAYOR
m
PASSED day of -4 n 11997.
APPROVED day of kt- , 1997.
PUBLISHED - day ofLa.:121�, 1997.
I hereby certify that this is a true and correct copy of Ordinance No. 33y1 ,
passed by the City Council of the City of Kent, Washington, and approved by the Mayor
of the City of Kent as hereon indicated.
�, aLe- P ` - (SEAL)
BRENDA JAC B R, CITY CLERK
P: U.A W \ORDIN AN CTUDAMD.ORD
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