Chapter 17.28
PLANNED UNIT DEVELOPMENT
Sections:
17.28.020 Applicability of regulations.
17.28.030 Purpose for planned unit development regulations.
17.28.040 Required findings for approval.
17.28.050 Planned unit development site size.
17.28.060 Dimensional and bulk standards.
17.28.090 Accessory uses in a planned unit development.
17.28.100 Application submission.
17.28.110 Preliminary development plan.
17.28.120 Separate approval of the preliminary development plan.
17.28.130 Approval of the final development plan.
17.28.140 Control of the development after completion.
17.28.150 Authorization to approve or disapprove planned unit development.
17.28.160 Placing conditions on a planned unit development.
17.28.170 Procedure for taking action on a planned unit development.
17.28.180 Recording of final plan.
17.28.190 Resubmission of denied development plan.
17.28.010 Authorization.
When a planned unit development has been authorized pursuant to applicable zoning regulations, the county in accordance with the provisions of this chapter and this title may approve such a development. (Ord. 19 § 6.010, 2003)
17.28.020 Applicability of regulations.
The requirements for a planned unit development set forth in this chapter are in addition to the requirements set forth for a standard subdivision in this title. (Ord. 19 § 6.020, 2003)
17.28.030 Purpose for planned unit development regulations.
The planned unit development authorization serves to encourage developing as one project tracts of land that are sufficiently large to allow a site design for a group of structures. Deviation from specific site development standards is allowable as long as the general purpose for the standards is achieved and the general provisions of this title and applicable zoning regulations are observed. The planned unit development approach is appropriate if it maintains compatibility with surrounding area and creates an attractive, healthful, efficient and stable environment. It should either promote a harmonious variety or grouping of uses, or utilize the economy of shared services and facilities. It is further the purpose of authorizing planned unit developments to take into account the following:
(1) Advances in technology and design.
(2) Recognition and resolution of problems created by increasing population density.
(3) 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 increased freedom in the placement and uses of buildings and the location of open spaces, circulation facilities, off-street parking areas and other facilities.
(4) The potential of sites characterized by special or limiting features of geography, topography, size or shape, natural and historical resources.
(5) The height and bulk characteristics of buildings can vary as long as the ratio of site area to dwelling units and openness of the site will be in harmony with the area in which the proposed development is located.
(6) Provision of housing and related land uses at maximum economic efficiency for the community, buyer, and seller.
(7) Provision of a living environment with aesthetic qualities, common open space and recreation areas, and energy efficient access to needed services and facilities. (Ord. 19 § 6.030, 2003)
17.28.040 Required findings for approval.
The county shall approve a planned unit development only if it finds that the planned unit development will satisfy the intent of this title relating to standard subdivision development, the intent of the applicable zoning regulations, and the standards of this chapter including the following:
(1) The planned unit development is an effective and unified treatment of the development possibilities on the project site while remaining consistent with the comprehensive plan and making appropriate provisions for the preservation of natural features such as streams, lakes, natural vegetation and special terrain features.
(2) The planned unit development will be compatible with the area surrounding the project site and with no greater demand on public facilities and services than other authorized uses for the land.
(3) Proof that financing is available to the applicant sufficient to assure completion of the planned unit development as proposed or required. (Ord. 19 § 6.040, 2003)
17.28.050 Planned unit development site size.
(1) Except as set forth in subsection (2) of this section, a planned unit development shall be on a tract of land of not less than 40 contiguous acres and be designed to accommodate 20 or more dwelling units.
(2) Notwithstanding the provisions of subsection (1) of this section, a planned unit development may be for a tract of land that is less than 40 acres (but in no case less than 10 acres) and designed to accommodate less than 20 dwelling units (but in no case less than 15 dwelling units) if the county finds, upon a showing by the applicant, that a planned unit development is in the public interest because one or more of the following conditions exist:
(a) An unusual physical or topographic feature of importance to the people of the area of the community as a whole exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by the use of a planned unit development.
(b) The property or its neighborhood has a historical or geological character of importance to the community that will be protected by the use of a planned unit development.
(c) The property is adjacent to or across a street from property, which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and value of the neighborhood planned development pattern.
(d) Is located within the urban growth boundary. (Ord. 19 § 6.050, 2003)
17.28.060 Dimensional and bulk standards.
(1) The minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings in the zone in which a planned unit development is proposed do not apply within a planned unit development. An equivalent overall density factor may be utilized in lieu of the appropriate minimum lot area.
(2) If the spacing between main buildings is not equivalent to the spacing which would be required between buildings similarly developed under this title and applicable zoning on separate parcels, other design factors shall provide light, ventilation, and other characteristics equivalent to that obtained from the spacing standards.
(3) Buildings, off-street parking, and loading facilities, open space, landscaping, and screening shall provide protection outside the boundary lines of the development comparable to that otherwise required by development in the applicable zone.
(4) The maximum building height shall, in no event, exceed those building heights prescribed in the zone in which the planned unit development is proposed, except that a greater height may be approved if surrounding open space within the planned unit development, building setbacks and other design features are used to avoid any adverse impact due to the greater height on other uses within and outside the development and on any solar energy collection systems.
(5) The building coverage for any planned unit development shall not exceed 30 percent of the land area being developed exclusive of public and private streets. (Ord. 19 § 6.060, 2003)
17.28.070 Project density.
The project density standards set forth hereinafter is in reference to the number of dwelling units or other potential population measures per acre; public or private street right-of-way has been excluded.
(1) The planned unit development may result in a density in excess of the density otherwise permitted within the zone in which the planned unit development is to be constructed as hereinafter set forth:
(a) For an approved scheme of common open space, a maximum increase in density of five percent if the space is to be continuously maintained underdeveloped and a maximum increase in density of 10 percent if the space is to be continuously maintained developed.
(b) For distinctiveness and excellence in siting, design, and landscaping that will provide unusual enhancement to the general area, a maximum increase in density of 10 percent.
(2) If the commission finds that any of the following conditions would be created by an increase in density permitted by this section, it may either prohibit any increase in density or limit the increase in density by an amount deemed necessary to avoid the creation of any of these conditions:
(a) Inconvenient or unsafe access to the planned unit developed or adjoining developments.
(b) Traffic congestion in the streets which adjoin the planned unit development to the city’s and county’s overall transportation system.
(c) An excessive burden on sewage, water supply, parks, recreational areas, schools or other public facilities which serve or are proposed to serve the planned unit development. (Ord. 19 § 6.070, 2003)
17.28.080 Common open space.
(1) No open area may be accepted as common open space within a planned unit development unless it meets the following requirements:
(a) The location, shape, size and character of the common open space is suitable for the planned development.
(b) The common open space is for amenity or recreational purposes and the uses authorized are appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, and the number and type of dwellings provided.
(c) Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements to be permitted in the common open space are appropriate to the uses which are authorized for the common open space.
(d) The development schedule, which is part of the development plan, 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.
(e) If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate and approved assurance that the buildings, structures and improvements will be completed within a specified period of time. The county shall release the bond or other assurances when the buildings, structures and other improvements have been completed according to the development plan.
(2) Land shown on the final development plan as common open space shall be conveyed under one of the following options:
(a) To a public agency which agrees to accept such conveyance and to maintain the common open space and any buildings, structures or other improvements which have been placed on it. Unless such common open space and improvements thereof are of such scale to provide a public benefit outside the subject development and such open space and improvements are publicly dedicated to the appropriate public agency, said agency shall not accept the conveyance set forth by this provision without establishing by agreement with the developer an appropriate service and maintenance fee on an annual basis. Such requirement is deemed necessary to preclude general tax moneys being expended for the benefit of a single development.
(b) 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 and approved by the county 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 and all improvements. Such provisions shall be set forth as a part of each sale, lease, or rental contract or deed involving any lot, parcel, facility, component or interest in the subject development.
(3) No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit use. However, no change of use may be authorized as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved. (Ord. 203, 2014; Ord. 19 § 6.080, 2003)
17.28.090 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:
(1) Golf course.
(2) Private park, lake or waterway.
(3) Recreation area, building, clubhouse or social hall.
(4) Other accessory structures, which the commission finds are designed to serve primarily the residents of the planned unit development, and are compatible to the design and other uses of the planned unit development.
(5) Any commercial use permitted as a component of a planned unit development shall be limited to those types of commercial uses permitted in a neighborhood commercial zone and shall be subject to the following conditions:
(a) Each such use shall be wholly enclosed within a building; no outside storage shall be permitted.
(b) The total of such uses shall not exceed more than three percent of the total land area of the development, and no commercial use including buildings and parking shall exceed more than 70 percent of the land area designed therefor.
(c) No such use or assemblage of such uses shall generate more than 100 auto trips daily per acre both to and from, or one auto trip daily to and from per dwelling unit in the development, whichever is greater. (Ord. 19 § 6.090, 2003)
17.28.100 Application submission.
An applicant shall include with an application for a planned unit development either an outline development plan as described in CCC 17.28.110 or a preliminary development plan as described in CCC 17.28.120. Except as otherwise set forth in this chapter, the procedure for review and approval of a planned unit development is the same as set forth for a standard subdivision in this title. An application for a planned unit development shall be accompanied by the appropriate filing fee.
(1) The maps which are part of the outline plan may be in general schematic form, but to scale, and shall contain the following information:
(a) The existing topographic character of the land.
(b) Existing and proposed land uses and the approximate location of buildings and other structures.
(c) The character and approximate density of the proposed buildings.
(d) The approximate location of major thoroughfares.
(e) Public uses, including schools, parks, playgrounds and other public open spaces or facilities.
(f) Common open spaces and a description of the proposed use of these spaces.
(g) Landscaping plans.
(h) Irrigation plans and design.
(2) Written statements which are part of the outline development plan shall contain the following information:
(a) An explanation of the character of the planned unit development and the manner in which it has been planned to take advantage of the planned unit development regulations.
(b) A statement of the proposed financing.
(c) A statement of the present ownership of all the land including within the planned unit development.
(d) A general indication of the expected schedule of development and improvements.
(3) Commission approval of the outline development plan shall constitute only a provisional approval of the planned unit development contingent upon approval of the preliminary development plan. (Ord. 19 § 6.100, 2003)
17.28.110 Preliminary development plan.
A preliminary development plan shall be prepared and submitted by the applicant for a planned unit development and shall include the following information:
(1) A map to scale showing street systems, lot or partition lines and other divisions of land for management, use or allocation purposes.
(2) Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playground school sites, public buildings, and similar public and semipublic uses and facilities.
(3) A plot plan for each building site and common open space area showing the location of buildings, structures, and other improvements and indicating the open spaces around buildings and structures.
(4) Evaluation and perspective drawings of proposed structures, including floor plans of proposed structures.
(5) A development schedule indicating:
(a) The approximate date when construction of the project can be expected to begin.
(b) The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
(c) The anticipated rate of development.
(d) The approximate dates when each stage in the development will be completed.
(e) The area, location and degree of development of common open space that will be provided at each stage.
(6) Agreement, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space areas.
(7) The following plans and diagrams, insofar as the reviewing body finds that the planned unit development creates special problems of traffic, parking, landscaping or economic feasibility:
(a) An off-street parking and loading plan.
(b) 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 ensure the safety of this circulation pattern shall be shown.
(c) A landscaping and tree plan.
(d) An economic feasibility report or market analysis. (Ord. 19 § 6.110, 2003)
17.28.120 Separate approval of the preliminary development plan.
(1) If an outline development plan has been submitted and the planned unit development has been provisionally approved based on the information in the outline development plan, the applicant shall file the preliminary development plan with the commission within six months following the provisional approval of the outline development plan. The commission shall give notice and provide an opportunity to be heard to each of the following:
(a) A person who is on record as having appeared at the hearing on the outline development plan.
(b) A person who has indicated in writing a desire to be notified.
(c) Other persons who may have an interest.
The commission, having previously provisionally approved the proposed planned unit development, shall then either re-approve, disapprove or re-approve with modifications the planned unit development based on the preliminary development plan.
(2) If an outline development plan has been submitted and approved, a preliminary development plan may be submitted in stages. If a preliminary development plan covering at least 30 percent of the area of the outline development plan has not been submitted within six months following the provisional approval of the planned unit development, then the provisional approval of the planned unit development by the commission shall terminate unless, for good cause, the commission extends for thee months the period for filing of the preliminary development plan. (Ord. 19 § 6.120, 2003)
17.28.130 Approval of the final development plan.
(1) Within six months following the approval of the preliminary development plan, the applicant shall file with the commission a final development plan containing in final form the information required in the preliminary plan and in accordance with the requirements set forth for a final plat of a standard subdivision in this title. In its discretion and for good cause set forth by the applicant, the commission may extend for three months the period for the filing of the final development plan.
(2) If the commission finds evidence of material deviation from the approved preliminary development plan, the commission shall advise the applicant to submit an application for amendment of the planned unit development. An amendment shall be considered in the same manner as an original application and shall be accompanied by the appropriate filing fee. (Ord. 19 § 6.130, 2003)
17.28.140 Control of the development after completion.
The final development plan shall continue to control the planned unit development after it is finished and the following shall apply:
(1) The county, in issuing a certificate of completion of the planned unit development, shall note the issuance on the recorded final development plan.
(2) 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.
(3) After the certificate of completion has been issued, no change shall be made in development contrary to the approved final development plan without approval of an amendment to the plan except as follows:
(a) Minor modifications of existing buildings or structures may be authorized by the commission 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.
(b) A building or structure that is totally or substantially destroyed may be reconstructed without approval of an amended planned unit development if it is in compliance with the purpose and intent of the final development plan.
(4) An amendment to a completed planned unit development may be approved if it is required for the continued success of the planned unit development, if it is appropriate because of changes in conditions that have occurred 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.
(5) No modification or amendment to a completed planned unit development is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the area of the planned unit development; and all rights to enforce these covenants against any change permitted by this section are expressly reserved. (Ord. 19 § 6.140, 2003)
17.28.150 Authorization to approve or disapprove planned unit development.
A planned unit development as set forth in this title shall be approved, modified, disapproved, or amended in accordance with standards and procedures of this chapter, this title, and other applicable rules and regulations. In judging whether or not a planned unit development proposal shall be approved or disapproved, the commission shall weigh its appropriateness and desirability or the public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, to approve such development, shall find that the following criteria are either met, can be met by observance of conditions, or are not applicable:
(1) The proposal will be consistent with the comprehensive plan and the objectives of the zoning ordinance and other applicable policies of the county.
(2) The location, size, design and operating characteristics under the proposal will have minimal adverse impact on the livability, value or appropriate development of abutting properties and the surrounding area.
(3) The location and design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants.
(4) The proposal will preserve environmental assets of particular interest to the community.
(5) The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property values for speculative purposes. (Ord. 19 § 6.150, 2003)
17.28.160 Placing conditions on a planned unit development.
In approving a new planned unit development or the amendment of an existing planned unit development, the commission may impose, in addition to those standards and requirements expressly specified by this title, additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area of the community as a whole. These conditions may include but are not limited to the following:
(1) Establishing special yard or other open space or lot area or dimension.
(2) Limiting the height, size or location of a building or other structures.
(3) Designating the size, number, location and nature of vehicle access points.
(4) Designing the size, location, screening, drainage, surfacing or other improvements within the street right-of-way.
(5) Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading.
(6) Limiting or otherwise designating the number, size, location, height and lighting of signs.
(7) Limiting the location and intensity of outdoor lighting and requiring its shielding.
(8) Requiring a dike, screening, landscaping or another facility to protect adjacent or nearby property and designating standards for its installation and maintenance.
(9) Designating the size, height, location and materials for a fence.
(10) Protecting and preserving existing trees, vegetation, water resource, wildlife habitat or another significant natural resource, and more specifically, agricultural and forestlands. (Ord. 19 § 6.160, 2003)
17.28.170 Procedure for taking action on a planned unit development.
The procedure for taking action on a planned unit development proposal shall be as follows:
(1) Any person proposing a planned unit development, or his authorized agent or representative, may initiate an application for a planned unit development as set forth in CCC 17.16.010 and 17.28.100.
(2) Prior to submission to the commission, a proposal for a planned unit development shall be submitted to the subdivision review committee in accordance with Chapter 17.12 CCC, and to the city planning commission if located within the urban growth boundary.
(3) The commission shall hold a public hearing on the proposed planned unit development and shall review the proposal in accordance with CCC 17.16.090 relative to the review of an outline development plan and preliminary development plan, and in accordance with CCC 17.20.080, 17.20.090, and 17.20.100 relative to the review of a final development plan. (Ord. 19 § 6.170, 2003)
17.28.180 Recording of final plan.
A developer of a planned unit development shall, within 45 days, proceed with the recording of the final development plan following approval by the county in accordance with the standards and requirements set forth by this title and other applicable regulations for a standard subdivision, or the approval thereof shall be declared null and void. (Ord. 19 § 6.180, 2003)
17.28.190 Resubmission of denied development plan.
If the outline development plan or preliminary development plan for a proposed planned unit development is denied, resubmittal thereof shall not be accepted by the county for a period of six months after the date of the final action denying said plan. Resubmission shall require the applicant to consider all items for which the prior denial was based, and the resubmission shall be accompanied by a new fee. (Ord. 19 § 6.190, 2003)