Chapter 18.110
PLANNED UNIT DEVELOPMENT (PUD) CONDITIONAL USE
Sections:
18.110.020 Development requirements.
18.110.010 Purpose.
It is the purpose of these provisions to allow a planned unit development as a conditional use in any residential, commercial or industrial zoning district. Uses or combinations of uses may be developed as a single, integral, functional unit or entity. The planned unit development concept supports a growing urban area by encouraging a more creative approach in the development of land, while at the same time enhancing and preserving the value, spirit, character and integrity of surrounding areas which have developed or are developing under conventional district regulations. Deviations from specific site development requirements and a mixture of combinations of residential, commercial and industrial uses is allowable, subject to the provisions of the comprehensive plan, as long as the general purposes for the requirements are achieved and the general provisions of the zoning regulations are observed. It is further the purpose of authorizing planned unit developments to take into account any or all of the following:
(A) Advances in technology and design;
(B) A comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development, in which the design of the overall unit permits flexibility in the placement and uses of structures and the location of open spaces, circulation facilities, off-street parking areas and other facilities;
(C) The potential of the site characterized by special features of geography, topography, size or shape; and
(D) The height and bulk characteristics of structures can vary as long as the ratio of site area to uses and openness of the site will be in harmony with the area in which the proposed development is located. [Ord. 810, 2000; Code 2000 § 11.30.41; Ord. 2016-011 § 1 (Exh. A), 2016.]
18.110.020 Development requirements.
The following standards and requirements shall govern the application of a planned unit development and apply in a planned unit development conditional use:
(A) A planned unit development may include any uses and conditional uses permitted in an underlying or abutting zone. Standards governing area, density, off-street parking, or other requirements shall be guided by the standards of the zone that most nearly portrays the character of the zone in which the planned unit development is proposed.
(B) Planned unit developments shall not be less than one acre in area.
(C) Approval compliance, required by CMC 17.05.040(E), for subdivision improvements shall be required to ensure that a development proposal, as submitted, is completed within the required time limit. [Ord. 810, 2000; Code 2000 § 11.30.42; Ord. 2016-011 § 1 (Exh. A), 2016.]
18.110.030 Procedures.
The following procedures shall be observed in applying and acting on a planned unit development request:
(A) Application Requirements.
(1) The community development director shall provide forms that specify the information required for submission of a planned unit development (PUD). The applicant shall prepare site plan(s) with other supplementary material as may be required and shall submit the necessary number of copies to the community development director.
(2) Applicability of Planned Unit Development Regulations. The requirements for a planned unit development set forth in these sections are in addition to the conditional use permit (CUP) procedures, authority and standards of Chapter 18.105 CMC. The applicant must submit a request for a PUD in conjunction with an application for a CUP.
(3) Plans submitted for planned unit developments shall be subject to design review of site plans, which shall include any and all information describing the proposed lot and street layout, relationship to adjacent properties and major road systems, locations of building masses (size, type, and function) and building design. The applicant may provide an alternative to the building design information by submitting a justification why it is necessary and appropriate to deviate from this requirement. Open spaces, parks and greenways, as well as any recreation facilities, shall be specified.
(4) An applicant shall submit the required documents as prescribed by the community development director on the application checklist. Once the application is deemed complete, the applicant will provide the necessary copies as determined by the community development director for review by the planning commission. The preliminary plan shall include the following information:
(a) Proposed land uses, building locations, and housing unit densities.
(b) Proposed circulation pattern indicating the status of street ownership.
(c) Proposed open space uses.
(d) Proposed grading and drainage pattern.
(e) Proposed method of water supply and sewerage disposal.
(f) Economic and supporting data to justify any proposed commercial and industrial elements in an area not so zoned.
(g) Relations of the proposed development to the surrounding areas and the comprehensive plan.
(5) Prior to the public hearing before the planning commission, the community development director shall distribute copies of the request to the facilities and design review committee to review and to prepare their recommendation to the planning commission.
(B) Approval Criteria. In order to approve a PUD, findings of fact shall be made to support the following conclusions:
(1) There are special physical or geographic conditions or objectives of development which warrant a departure from the standard title requirements.
(2) Resulting development will be consistent with overall planning and zoning objectives of the city.
(3) The area around the development can be planned to be in substantial harmony with the proposed plan.
(4) If the applicant is proposing phasing the project, then identify the schedule for phasing. If the applicant is not proposing to phase the project, then identify the time frame for completion.
(5) Provide findings that economically justify a proposed commercial or industrial development.
(6) The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.
(7) Proposed utility and drainage facilities are adequate for the population densities and type of development proposed.
(C) Other Requirements.
(1) The planning commission shall notify the applicant whether, in its opinion, the foregoing provisions have been satisfied and if not, whether they can be satisfied with further plan revision.
(2) Following this meeting, the applicant may proceed when approval is given by the commission.
(3) Conditions. In addition to the requirements of this chapter, the commission may attach conditions it finds are necessary to carry out the purposes, objectives and standards of the planned unit development conditional use.
(4) Zoning Map. Planned developments shall be established as conditional uses with other regular zones, and an approved planned unit development shall be identified on the zoning map or map amendments with the letters PD in addition to the abbreviated designation of the pre-established zoning.
(5) Availability of Plan. A certified print of the approved development plan shall be maintained without charge in the office of the community development director.
(6) Building Permits. Building permits in a planned unit development shall be issued only in accordance with the approved development plan. Any major changes in the approved development plan shall be submitted to the planning commission for processing as an amendment to the ordinance codified in this title. Minor amendments to the approved development plan may be processed as a Type II process. Minor amendments include, for example, those that reduce residential density; increase public amenities or public open space areas; or result in minor shifts in building heights or locations, easement configuration, or other interior site improvements. The classification of a minor versus major amendment to an approved development plan shall be at the discretion of the community development director.
(D) Approval of Plan and Time Limitation on Development.
(1) Before a planned unit development shall be approved by the commission, a preliminary subdivision plat shall be prepared to be considered in conjunction with the planned unit development plan. This requirement shall not apply in the event subdivision of the land would not be required under the subdivision regulations of the city.
(2) If no construction has begun or no use established in the planned unit development within one year after approval of the final plan, the final plan shall lapse and be of no further legal effect. In its discretion and for finding of good cause, the commission may extend for one year the period for beginning of construction or the establishment of use. The applicant shall present his case for cause before the planning commission at its regularly scheduled meeting. [Ord. 810, 2000; Code 2000 § 11.30.43; Ord. 841 Exh. 2, 2003; amended during 2007 recodification; Ord. 2016-011 § 1 (Exh. A), 2016.]