Chapter 17.68
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
17.68.020 Size of the planned unit development site.
17.68.030 Application and review.
17.68.040 Criteria to grant or deny a PUD.
17.68.050 Preliminary development plan.
17.68.060 Final development plan.
17.68.070 Control of the PUD during and after completion.
17.68.080 Exceptions to zoning and subdivision titles.
17.68.090 Accessory uses in a planned unit development.
17.68.130 Residential conditions.
17.68.140 Appeals and permit revocation.
17.68.010 Purpose.
The purpose of planned unit development (PUD) is to gain more effective use of open space, realize advantages of large-scale site planning, mixing of building types or land uses, improved aesthetics and environmental preservation by allowing a variety of buildings, structures, open spaces, allowable heights and setbacks of buildings and structures. A PUD should have a harmonious variety of uses, utilize the economy of shared services and facilities, and reduce municipal costs of operating and maintaining services while insuring substantial compliance with the district regulations and other provisions of this code. (Ord. 1615 §64, 1989).
17.68.020 Size of the planned unit development site.
A PUD shall be on a tract of land five acres or larger. (Ord. 1867 §6, 2006; Ord. 1615 §65, 1989).
17.68.030 Application and review.
A. Applications and review of PUDs shall conform to the provisions of Chapter 17.05 of this code and all applicable laws of the state. The application shall be accompanied by a filing fee as set by city council. In the event the city incurs expenses in processing the proposal which exceed the amount of the filing fee, payment to the city of expenses in excess of the filing fee shall be a condition of final acceptance of the PUD by the city.
B. For any use which is permitted or conditional in another zoning district, the PUD application may include an application for a zoning amendment, as provided in Chapter 17.10 of this code, or the PUD approval may include a condition to allow the use.
C. Where use is made of the PUD process, no building permits shall be issued until the planning commission has approved the PUD as provided in this chapter.
D. An applicant may confer prior to application for a PUD with city staff in a preapplication conference.
E. The commission shall act upon the application within ninety days from the date of accepting the completed application, excluding such time as may be necessary to complete any amendments initiated by the applicant. In taking action, the commission may deny a PUD, may grant a PUD as submitted, or may grant a PUD subject to conditions as provided in this chapter. Any PUD authorized shall be subject to all conditions imposed and shall be excepted from other provisions of this title only to the extent specified in the PUD approval. (Ord. 1615 §66, 1989).
17.68.040 Criteria to grant or deny a PUD.
A PUD shall be permitted, altered or denied in accordance with the standards and procedures of this chapter. In the case of a use existing prior to the effective date of the ordinance codified in this chapter, and classified in this chapter as a PUD, a change in the use or in lot area, or an alteration of structure, shall conform with the requirements for PUD use. To approve or deny a PUD, the planning commission shall find whether or not the standards of this chapter, including the following criteria, are either met, can be met by observance of conditions, or are not applicable.
A. That the development of a harmonious, integrated plan justifies exceptions to the normal requirements of this title;
B. The proposal will be consistent with the comprehensive plan, the objectives of the zoning ordinance and other applicable policies of the city;
C. The location, size, design and operating characteristics of the PUD will have minimal adverse impact on the livability, value or appropriate development of the surrounding area;
D. That the proponents of the PUD have demonstrated that they are financially able to carry out the proposed project, that they intend to start construction within six months of the final approval of the project and any necessary district changes, and intend to complete said construction within a reasonable time as determined by the commission;
E. That traffic congestion will not likely be created by the proposed development or will be obviated by demonstrable provisions in the plan for proper entrances, exits, internal traffic circulation and parking;
F. That commercial development in a PUD is needed at the proposed location to provide adequate commercial facilities of the type proposed;
G. That proposed industrial development will be efficient and well-organized with adequate provisions for railroad and truck access and necessary storage;
H. The PUD preserves natural features such as streams and shorelines, wooded cover and rough terrain, if these are present;
I. The PUD will be compatible with the surrounding area;
J. The PUD will reduce need for public facilities and services relative to other permitted uses for the land. (Ord. 1615 §67, 1989).
17.68.050 Preliminary development plan.
A preliminary development plan shall contain a written statement and maps and other information on the area surrounding the proposed development to show the relationship of the planned unit development to adjacent uses, both existing and proposed. The plan shall include the following:
A. A map to scale showing street systems, lot or partition lines and other allocations of land for management or use;
B. Measurements of areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, parking, pedestrian ways, playgrounds, school sites, public buildings and similar public and semipublic uses;
C. A plot plan to scale for each building site and common open space area, showing the approximate location of buildings, structures, landscaping and other improvements and indicating the open spaces around buildings and structures;
D. Elevation and perspective drawings of proposed structures;
E. A development schedule indicating:
1. The approximate start date of construction,
2. The stages in which the project will be built and the approximate start date of each stage,
3. The anticipated rate of development,
4. The approximate completion dates for each stage,
5. The area, location and degree of development of common open space that will be provided at each stage;
F. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space areas;
G. The following plans and diagrams either separately or contained on the figures contained in subsections A through D of this section:
1. An off-street parking and loading plan,
2. A circulation diagram indicating proposed movement of vehicles, goods and pedestrians within the planned unit development and to and from thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern shall be shown,
3. A landscaping and tree plan,
4. An economic feasibility report or market analysis,
5. A solar orientation plan showing the general orientation of buildings and roof slopes to each other, to streets, and to the landscaping and tree plan;
H. Other pertinent information shall be included as the planning commission finds necessary to determine any appropriate and desirable requirements that may differ from those ordinarily applicable under this title;
I. A preliminary (tentative) plan approval shall expire and become void one year from the date on which it was issued unless the final development plan has been approved pursuant to Section 17.68.060 or an application for extension is filed and approved subject to the requirements of Chapter 17.05;
J. If the time limit for development expired and no extension has been granted, the tentative PUD plan shall be void. (Ord. 1941 §6, 2010; Ord. 1615 §68, 1989).
17.68.060 Final development plan.
A. Following the approval of the preliminary development plan, the applicant shall file a final development plan with the city, containing in final form the information required in the preliminary plan. The same shall be reviewed as set forth in Chapter 17.05.
B. The final approved development plan shall expire and become void one year from the date on which it was issued unless an application for extension is filed and approved subject to the requirements of Chapter 17.05. The one year shall commence with approval of the final development plan.
C. The final development plan shall continue to control the planned unit development after it is finished. (Ord. 1941 §7, 2010; Ord. 1631 §2, 1990; Ord. 1615 §69, 1989).
17.68.070 Control of the PUD during and after completion.
If the city finds evidence of a major deviation from the preliminary or final development plan, it shall advise the applicant to submit an application to the planning commission for amendment to the planned unit development pursuant to Chapter 17.09. An amendment shall be considered in the same manner as an original application.
A. The building official, in issuing a certificate of completion of the planned unit development, shall note the issuance on the recorded final development plan.
B. After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of a building or structure within the planned unit development shall be governed by the approved final development plan.
C. After the certificate of completion has been issued, no change of the approved final development plan shall be made without an amendment to the plan except as follows:
1. Minor modifications of existing buildings or structures may be authorized by the planning staff if they are consistent with the purposes and intent of the final plan and do not increase the cubic footage of a building or structure;
2. A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if the reconstruction complies with the purpose and intent of the final development plan.
D. Amendments to a completed planned unit development may be approved, if appropriate due to changes in conditions since the final development plan was approved or because there have been changes in the development policy of the community as reflected by the comprehensive plan or related land use regulations.
E. No modification or amendment to a completed PUD shall be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the PUD. All rights to enforce these covenants against any change permitted by this section are expressly reserved. (Ord. 1941 §8, 2010; Ord. 1631 §3, 1990; Ord. 1615 §70, 1989).
17.68.080 Exceptions to zoning and subdivision titles.
The planning commission may allow exceptions within a PUD for dimensions, site coverage, yard spaces, structure heights, distances between structures, street widths or off-street parking and loading facilities differing from the specific standards for the zoning district in which the PUD is located. Exceptions shall be based upon the applicant’s demonstration that the objectives of the zoning and subdivision titles of this code will be achieved.
A. When the spacing between main buildings is less than the spacing which would be required between buildings developed under this chapter on separate parcels outside a PUD, other design features shall provide light, ventilation and other characteristics equivalent to that obtained from the spacing standards.
B. Buildings, off-street parking and loading facilities, open space, landscaping and screening shall conform to the specific standards of the zoning district within fifty feet of the boundary lines of the development.
C. The planning commission may approve building heights greater than those authorized by the zoning district. The applicant shall demonstrate that:
1. The subject building(s) will not be within one hundred feet of abutting residential property;
2. The increase in height will reduce the prices of dwelling units offered for sale or rent; and
3. That additional natural open space will be preserved or additional common recreational areas will be provided.
D. The building coverage for any PUD shall not exceed that which is permitted for other construction in the zone.
E. When a PUD design would require exceptions to the regulations of the subdivision title, the planning commission may grant those conditions as part of the PUD. Tentative approval of the preliminary development plan of a PUD shall also constitute tentative approval of a tentative plan under Chapter 16.10 if the materials are presented in the manner prescribed by subdivision title. (Ord. 1684 §62, 1993; Ord. 1615 §71, 1989).
17.68.090 Accessory uses in a planned unit development.
In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as a part of a planned unit development may include the following uses:
A. Golf course;
B. Private park, lake or waterway;
C. Recreation area;
D. Recreation building, clubhouse or social hall;
E. Other accessory structures which the planning commission finds are designed to serve primarily the residents of the PUD and are compatible with the design of the planned unit development. (Ord. 1615 §72, 1989).
17.68.100 Density bonus.
A. Within a PUD, the planning commission may authorize an increase in total number of dwelling units of up to five percent above the number of units (rounded up to the next full dwelling unit) otherwise authorized by the density requirements of the zoning district. For an increase of dwelling units to be permitted the planning commission shall find that the development will contain distinctive qualities or overall excellence in the areas of the site planning, architectural design, landscaping, solar orientation and recreational opportunities, which will provide a superior living environment and enhance the general area or neighborhood.
B. For purposes of this section, residential base densities to which the allowable percentage adjustments may be applied are:
|
Zoning District |
Maximum Density of PUD Gross Acre |
|
|---|---|---|
|
R-L |
Residential low density |
2.0 dwelling units per acre |
|
R-1-6 |
Residential single-family |
6.0 dwelling units per acre |
|
R-1-8 |
Residential single-family |
5.0 dwelling units per acre |
|
R-1-10 |
Residential single-family |
4.0 dwelling units per acre |
|
R-2 |
Residential two-family |
12.0 dwelling units per acre |
|
R-3 |
Residential multiple-family under medium density plan designation |
12.0 dwelling units per acre |
|
R-3 |
Residential multiple-family under high density plan designation |
25.0 dwelling units per acre |
* Before five percent density bonuses, if applicable.
(Ord. 1615 §73, 1989).
17.68.110 Common open space.
A. Open areas may be accepted as common open space within a planned unit development if these requirements are met:
1. The location, shape, size and character of the common open space is suitable for the planned development;
2. The common open space is appropriate to the scale and character of the planned unit development, considering the PUD’s size, density, expected population, topography and the number and type of dwellings provided;
3. Common open space will be improved for its intended use, although common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements in the common open space shall be appropriate to the uses proposed for the common open space;
4. The development schedule coordinates the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the planned unit development;
5. If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate assurance that the buildings, structures and other improvements have been completed according to the development plan.
B. Land shown on the final development plan as common open space shall be conveyed under one of the following options at planning commission discretion:
1. To a public agency which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed on it;
2. To an association of owners or tenants, created as a nonprofit corporation under the laws of the state, which shall adopt and impose articles of incorporation and bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the planning commission as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common open space.
C. Common open space may only be put to uses specified in the final development plan. No change of use allowed by amendment may be considered as a waiver of any of the covenants limiting the use of common open space areas. All rights to enforce these covenants against any use permitted are expressly reserved.
D. If common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of common open space shall authorize the city to enforce their provisions. (Ord. 1615 §74, 1989).
17.68.120 General conditions.
In permitting a new PUD, the planning commission may impose, in addition to those standards and requirements expressly specified by this chapter, conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. Those conditions may include, but are not limited to, the following:
A. Limiting the manner in which a use is conducted, including restricting the time certain activities may take place and restrictions to mitigate such environmental effects as noise, vibration, air pollution, glare and odor;
B. Establishing a special yard or other open space or lot area or dimension;
C. Limiting the height, size or location of a building or other structure;
D. Designating the size, number, location and nature of vehicle access points;
E. Increasing the amount of street dedication, roadway width or improvements within the street right-of-way;
F. Designating size, location, screening, drainage surfacing or other improvements of parking or truck-loading areas;
G. Limiting or otherwise designating the number, size, location, height and lighting of signs;
H. Limiting the location and intensity of outdoor lighting and requiring its shielding;
I. Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance;
J. Designating fence heights, locations and materials;
K. Protecting existing trees, vegetation, water resources, wildlife habitat or another significant natural resource. (Ord. 1615 §75, 1989).
17.68.130 Residential conditions.
Planned residential developments may have the following conditions attached:
A. Prior to the issuance of the certificate of occupancy, recreational facilities shall be installed as may be required by the planning commission;
B. Pedestrian movement upon the site shall be encouraged and separated from vehicular traffic through a comprehensive system of paved pathways;
C. Development for residential and accessory uses shall be at a specified maximum density;
D. Boats, trailers, campers and similar recreational vehicles may be stored in designated areas only. The permanency, security and visual screening of a recreational vehicle storage area shall be assured by the construction of permanent walls not less than seven feet in height;
E. “Tot lots” shall be provided in addition to adult recreational facilities for the year-round use of children residing on the site. The planning commission shall specify the number of tot lots required and the type of construction for play equipment;
F. If units in the project are rented, the owner of the subject property shall provide for the regular and continuing maintenance of all structures, open space and landscaped areas and all off-street parking and maneuvering areas. An agreement guaranteeing such continuing maintenance and giving lien rights to the city in the event of lack of said maintenance shall be submitted to the city attorney for his review and approval prior to the issuance of any building permits;
G. If units are sold individually (condominiums), a homeowners’ association shall be established for the purpose of permanently maintaining all of the subject property, including common areas and individual units, buildings and structures, and a homeowners’ association agreement guaranteeing such a maintenance by individual owners and providing for lien rights and reimbursement to the city for any costs incurred thereby shall be submitted to the city attorney prior to the issuance of any building permits;
H. A bicycle path system shall be provided that is either integrated into the pedestrian sidewalk system or designed as a separate system and appropriately marked and signed. The system should include bicycle access to all dwelling units, and such facilities should connect to the city’s bicycle system plan. Bicycle racks shall be provided for residents and visitors and other features that may be required. (Ord. 2100 § 18, 2023; Ord. 1615 §76, 1989).
17.68.140 Appeals and permit revocation.
A. The decision of the planning commission may be appealed to the city council in the manner prescribed in Chapter 17.05.
B. The commission, on its own motion, at a public hearing advertised in conformance with the requirements of Chapter 17.05, may revoke in whole or in part any permit for the planned unit development based upon findings of noncompliance with the conditions set forth in granting said permit. (Ord. 1615 §77, 1989).