Chapter 125 – PLANNED UNIT DEVELOPMENT

Sections:

125.05 User Guide

125.10 Process for Deciding on a PUD Application

125.15 Decision on the PUD – Application

125.20 Decision on the PUD – What Provisions May Be Modified

125.25 Decision on the PUD – Uses in a PUD

125.30 Decision on the PUD – Density

125.35 Decision on the PUD – Criteria for Approving a PUD

125.40 Decision on the PUD – Site Plan Required

125.45 Decision on the PUD – Effect of an Approved PUD

125.50 Final Site Plan Review – Application

125.55 Final Site Plan Review – General

125.60 Final Site Plan Review – Minor Modifications

125.65 Final Site Plan Review – Major Modifications

125.70 Final Site Plan Review – Effect

125.75 Map Designations

125.80 Lapse of the Approved PUD

125.05 User Guide

This chapter establishes a mechanism for a person to propose a development that is innovative or otherwise beneficial, but which does not strictly comply with the provisions of this code.

This mechanism, which is called a Planned Unit Development or PUD, is intended to allow developments which benefit the City more than would a development which complies with the specific requirements of this code.

If you are interested in proposing a Planned Unit Development or if you wish to participate in the City’s decision on a proposed PUD, you should read this chapter.

125.10 Process for Deciding on a PUD Application

An application for a PUD has two stages. The first stage is described in KZC 125.15 through 125.45 and results in the City’s decision whether or not to grant the PUD. The decision on this stage will be made using Process IIB described in Chapter 152 KZC. During the second stage described in KZC 125.55 through 125.75, the City will review the final site plan of the project to ensure that it is consistent with the PUD as approved. The decision on this stage will be made by the Planning Director, unless the City Council determines, with the approval of the preliminary PUD, that either:

1.  There is substantial public interest in the PUD; or

2.  Substantial changes in the proposed preliminary PUD are required; or

3.  Additional technical information is required prior to approval of the final PUD.

If the City Council determines that one of the above conditions exists, then the final PUD will be reviewed and decided upon using Process IIB, described in Chapter 152 KZC. The applicant may request to have the preliminary and final PUD applications reviewed concurrently. However, the request does not ensure that one or both of the applications will be approved.

125.15 Decision on the PUD – Application

In addition to the application materials required in Chapter 152 KZC, the applicant shall submit a completed application on the form provided by the Planning Department, along with all the information listed on that form.

125.20 Decision on the PUD – What Provisions May Be Modified

The City may modify any of the provisions of the code for a PUD except:

1.  The City may not modify any of the provisions of this chapter; and

2.  The City may not modify any provision of this code that specifically states that its requirements are not subject to modifications under a PUD; and

3.  The City may not modify any of the procedural provisions of this code; and

4.  The City may not modify any provision that specifically applies to development on a regulated slope; and

5.  The City may not modify any provision pertaining to the installation and maintenance of storm water retention/detention facilities; and

6.  The City may not modify any provision pertaining to the installation of public improvements; and

7.  The City may not modify any provision regulating signs; and

8.  The City may not modify any provision regulating the construction of one detached dwelling unit.

125.25 Decision on the PUD – Uses in a PUD

1.  The City may approve any use that is listed as potentially allowed in the zone in which the PUD is proposed.

2.  The City may approve any use that the Comprehensive Plan specifically states is appropriate in the area that includes the subject property.

125.30 Decision on the PUD – Density

The maximum residential densities that the City may approve in a PUD are as follows:

1.  Except as allowed under subsections (2) and (3) of this section, the maximum permitted residential density is the greater of that recommended by the Comprehensive Plan or 110 percent of that permitted in the zone in which the PUD is located.

2.  If the PUD is designed, developed and maintained as “special needs housing,” additional density may be permitted on the following basis:

a. Housing for senior citizen households, or for mentally, physically or emotionally impaired persons, except for assisted living facilities, may be permitted a maximum density of up to 1.5 times the maximum density recommended by the Comprehensive Plan or, if the development includes affordable housing units approved pursuant to Chapter 112 KZC, the maximum density allowed for the development through Chapter 112 KZC, whichever is greater; provided, that traffic impacts, impacts to public services and utilities, and impacts to adjacent properties are comparable to the impacts of the project if it were not providing special needs housing and if it were developed at the maximum density permitted in the zone in which the project is located.

b. Housing for low or moderate income households in low density zones may be permitted a maximum density above the density permitted under subsections (1) and (2)(a) of this section based upon the percentage of dwelling units which are low or moderate income units, using the following multipliers:

Density
% of Low or Moderate Income Units	=	Multiplier
5 – 9%	=	1.1
10 – 14%	=	1.2
15 – 19%	=	1.3
20 – 24%	=	1.4
25% +	=	1.5

3.  If a project consists of special needs housing, the applicant shall prepare a document, to be approved by the City Attorney, stating that the PUD will become void and use and occupancy must cease if the development is used for any purpose other than that for which it was specifically approved. This document, which will run with the subject property, must be recorded in the King County Department of Elections and Records.

4.  If the PUD is proposed in an RS 35, RSX 35, RS 12.5, RSX 12.5, RS 8.5, RSX 8.5, RS 7.2, RSX 7.2, RS 5.0 or RSX 5.0 Zone, the City will subtract the area actually used for vehicular circulation and surface parking areas that serve more than one dwelling unit, before determining the maximum number of dwelling units potentially permitted under this section.

125.35 Decision on the PUD – Criteria for Approving a PUD

The City may approve a PUD only if it finds that all of the following requirements are met:

1.  The proposed PUD meets the requirements of this chapter.

2.  Any adverse impacts or undesirable effects of the proposed PUD are clearly outweighed by specifically identified benefits to the residents of the City.

3.  The applicant is providing one or more of the following benefits to the City as part of the proposed PUD:

a. The applicant is providing public facilities that could not be required by the City for development of the subject property without a PUD.

b. The proposed PUD will preserve, enhance or rehabilitate natural features of the subject property such as significant woodlands, wildlife habitats or streams that the City could not require the applicant to preserve, enhance or rehabilitate through development of the subject property without a PUD.

c. The design of the PUD incorporates active or passive solar energy systems.

d. The design of the proposed PUD is superior in one or more of the following ways to the design that would result from development of the subject property without a PUD:

1) Increased provision of open space or recreational facilities.

2) Superior circulation patterns or location or screening of parking facilities.

3) Superior landscaping, buffering, or screening in or around the proposed PUD.

4) Superior architectural design, placement, relationship or orientation of structure.

5) Minimum use of impervious surfacing materials.

4.  Any PUD which is proposed as special needs housing shall be reviewed for its proximity to existing or planned services (i.e., shopping centers, medical centers, churches, parks, entertainment, senior centers, public transit, etc.).

125.40 Decision on the PUD – Site Plan Required

As part of the approval of the PUD, the City shall incorporate a site plan submitted by the applicant of the PUD showing at a minimum:

1.  The topography at five-foot intervals of the PUD after grading.

2.  The structures in the PUD.

3.  All relevant dimensions of the PUD, including the outside dimensions and required yards.

4.  The pedestrian and vehicular circulation and parking areas in the PUD.

5.  The areas of common open space, or areas to be dedicated to the City.

6.  The landscaping of the PUD, including the general type, location, and growth characteristics of the vegetation.

7.  Any other relevant physical feature in the PUD.

125.45 Decision on the PUD – Effect of an Approved PUD

1.  General – Except as specified in subsection (2) of this section, the applicant must comply with KZC 125.50 through 125.70 before commencing any development activities on the subject property.

2.  Exception – If the City approves the preliminary PUD, the applicant may, subject to all other applicable codes and ordinances, begin clearing and grading of the site, and any other site work on the subject property that is specifically approved in the resolution or ordinance approving the preliminary PUD.

125.50 Final Site Plan Review – Application

In addition to the application materials required in Chapter 152 KZC, the applicant shall submit the following:

1.  A completed application on the form provided by the Planning Department, along with all information listed in that form.

2.  A site plan of the PUD as approved by City Council.

3.  Any information or material that City Council, by ordinance approving the PUD, indicated is to be submitted as part of the final site plan review.

125.55 Final Site Plan Review – General

The City shall use the final site plan review process for the following two purposes:

1.  To check the final site plan submitted under KZC 125.50 to ensure that the PUD conforms in all respects to that which was approved by City Council.

2.  To make any decisions or determinations that the City Council, by ordinance approving the PUD, indicated are to be made during the final site plan review. Any decisions or determinations made during this process become part of the approved PUD.

125.60 Final Site Plan Review – Minor Modifications

The City may require or approve a minor modification to the site plan of the PUD as approved by City Council if:

1.  The change will not have the effect of reducing landscaped area, or reducing or encroaching into buffering areas or reducing the amount of open space in the PUD; and

2.  The change will not have the effect of increasing the residential density of the PUD; and

3.  The change will not have the effect of increasing the area devoted to nonresidential uses in the PUD; and

4.  The change will not increase the height of any structure above the height allowed in the underlying zone nor change the orientation of structures which would result in reduced view corridors or increase in the perceived bulk and mass of the structure; and

5.  The City determines that the change will not increase any adverse impacts or undesirable effects of the project, or that the change in no way significantly alters the project.

125.65 Final Site Plan Review – Major Modifications

If an applicant seeks a modification to an approved PUD that does not meet all of the requirements of KZC 125.60, he/she may do so by submitting the application material required for approval of a new PUD. The City will process and decide upon this application, using the provisions of this chapter, as if it were an application for a new PUD.

125.70 Final Site Plan Review – Effect

If the City approves the final site plan, the applicant may proceed with the development of the PUD subject to all other applicable codes and ordinances.

125.75 Map Designation

1.  General – Upon completion of the PUD as approved, the City shall place the designation “PUD” on the subject property on the Zoning Map.

2.  Effect – This PUD designation means that any redevelopment of the subject property must either:

a. Comply with the PUD as approved; or

b. Comply with all of the requirements for development in the zone in which the subject property is located without a PUD.

125.80 Lapse of the Approved PUD

1.  Increased Time – City Council may, by the ordinance approving the final PUD or by the resolution or ordinance approving the preliminary PUD, extend the time limits of KZC 152.115 for that PUD. Otherwise, within four years after the final decision of the City of Kirkland approving the preliminary PUD the applicant must have obtained approval of the final PUD and submitted a complete building permit for the PUD or the lapse provisions of KZC 152.115 will apply.

2.  Effect on Land Use if PUD Lapses – If an approved PUD lapses under the time limits of KZC 152.115, or subsection (1) of this section, any development on the subject property must comply with all applicable laws of the City as if the PUD had not been granted.