Chapter 15.215 Planned Unit Development (PUD)

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. 15-1018 § 1)

15.215.010 Initiation of Project – Application

An application for approval of a proposed planned unit development shall be made to the Department 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. 15-1018 § 1)

15.215.015 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. 15-1018 § 1)

15.215.020 Phased Development

Development of the project may be phased, in which case each complete phase may be processed as one (1) 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 Director 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. 15-1018 § 1)

15.215.025 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 15.115.050, Zone Reclassification (Rezone), which shall be processed concurrently with the other application(s). (Ord. 15-1018 § 1)

15.215.030 Preliminary Development Plan

A. Preliminary Development Plan – Filing Requirements. The applicant shall file a preliminary development plan with the Director including, at a minimum, the following information:

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

2. 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 Director to be relevant for comprehensive planning and environmental assessment purposes; together with a conceptual plan for its development;

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

4. Special features;

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

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

7. A conceptual landscape plan;

8. 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 ensure the safety of this circulation pattern.

B. Preliminary Development Plan – Staff Recommendation to the Hearing Examiner. After receiving the preliminary development plan, the Director shall route the same to all appropriate City departments, and each department shall submit to the Director comments and recommendations. After receiving such information from the City departments, the Director shall present recommendations and conclusions before the Hearing Examiner at the public hearing for the preliminary development plan.

C. 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 15.215.260, Notice of Public Hearing.

D. Preliminary Development Plan – Hearing Examiner Review. The Hearing Examiner shall use the following minimum criteria when making a decision:

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

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

3. 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 15.215.150, Access to Development;

4. 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;

5. 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 15.215.170, Permissive Variations in Requirements; provided, that the proposed development sustains a desirable and stable environment;

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

7. 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

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

Following the public hearing, the Hearing Examiner may approve the application as proposed, approve with modifications and/or conditions, or deny the application and the accompanying development plan. (Ord. 18-1001 § 7; Ord. 15-1018 § 1)

15.215.040 Final Development Plan

A. Final Development Plan – Failure to File, Termination.

1. 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.

2. 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.

3. 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.

B. 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.

C. Final Development Plan – Hearing Examiner Approval. After the public hearing, the Hearing Examiner shall approve or deny the final development plan. The Hearing Examiner shall enter reasons for such action in the records. The Hearing Examiner shall approve the final development plan if determined that it conforms to the standards, including minor changes approved pursuant to SMC 15.215.100, Adjustments – Procedures. 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.

D. Final Development Plan – Bond Required. No final development plan shall be implemented until the applicant files with the City an approved bond executed by a surety company authorized to do business in the State of Washington or other equivalent security approved by the City, in an amount equal to one hundred fifty percent (150%) of the Department’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 the 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.

E. 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 Department.

F. Final Development Plan – Effect. Approval by the Hearing Examiner of the final development plan for a PUD and filing of the bond for installation of improvements as provided in subsection (D) of this section, Final Development Plan – Bond Required, and subsection (E) of this section, Installation of Improvements, shall authorize the owner(s) of the parcel(s) to be developed as a unit to proceed with the project, acting in concert, 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. 18-1001 § 8; Ord. 15-1018 § 1)

15.215.050 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 15.215.110, Termination of Final Planned Unit Development – Failure to Commence or Continue Construction, 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. 15-1018 § 1)

15.215.060 Building Permits – Certificates of Occupancy

The Building Official 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. 15-1018 § 1)

15.215.070 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. 15-1018 § 1)

15.215.080 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 15.215.100, Adjustments – Procedures. (Ord. 15-1018 § 1)

15.215.090 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. 15-1018 § 1)

15.215.100 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, consideration by the Hearing Examiner, and approval by the City Council. (Ord. 15-1018 § 1)

15.215.110 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 15.215.040(B), Final Development Plan – Extension of Time for Filing, 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. 15-1018 § 1)

15.215.120 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. 15-1018 § 1)

15.215.130 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. 15-1018 § 1)

15.215.140 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 (1) 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. 15-1018 § 1)

15.215.150 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. 15-1018 § 1)

15.215.160 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. 15-1018 § 1)

15.215.170 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 15.215.180, Yards, through 15.215.250, Common Walls, 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. 15-1018 § 1)

15.215.180 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 15.425 SMC, Development Incentives. (Ord. 15-1018 § 1)

15.215.190 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 Building Code and Fire Code shall be met. (Ord. 15-1018 § 1)

15.215.200 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. 15-1018 § 1)

15.215.210 Number of Dwelling Units

For any residential PUD, as defined in SMC 15.215.140, Location – Uses Permitted, 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. 15-1018 § 1)

15.215.220 Residential Density Incentives

Residential densities in a residential PUD may be increased pursuant to Chapter 15.425 SMC, Development Incentives; provided, that all requirements of this title are met. (Ord. 15-1018 § 1)

15.215.230 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. 15-1018 § 1)

15.215.240 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 15.455.110, Required Off-Street Parking Spaces. (Ord. 15-1018 § 1)

15.215.250 Common Walls

In PUD projects receiving final approval, where units will have common walls, the Building Division may issue building permits for construction of those units prior to approval of final lot lines. (Ord. 15-1018 § 1)

15.215.260 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 Director 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. 15-1018 § 1)

15.215.270 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. 15-1018 § 1)