Chapter 17.36
PLANNED UNIT DEVELOPMENT
Sections:
17.36.010 Applicability of planned unit development regulations.
17.36.020 Purpose for planned unit development regulations.
17.36.030 Findings for project approval.
17.36.040 Dimensional and bulk standards.
17.36.070 Accessory uses in a planned unit development.
17.36.080 Application submission.
17.36.090 Preliminary development plan.
17.36.100 Approval of the preliminary development plan.
17.36.110 Approval of the final development plan.
17.36.120 Control of the development after completion.
17.36.010 Applicability of planned unit development regulations.
The requirements for a planned unit development set forth in this chapter are in addition to the conditional use procedures and standards of Chapter 17.32 CMC and this chapter. [Ord. 01-02 § 2 (Exh. 2 § 5.2)), 2001.]
17.36.020 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 purposes for the standards are achieved and the general provisions of the zoning regulations are observed. The planned approach is appropriate if it maintains compatibility with the 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:
A. Advances in technology and design.
B. Recognition and resolution of problems created by increasing population density.
C. 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.
D. The potential of sites characterized by special features of geography, topography, size or shape. [Ord. 01-02 § 2 (Exh. 2 § 5.3), 2001.]
17.36.030 Findings for project approval.
The planning commission may approve a planned unit development if it finds that the planned unit development will satisfy standards of both Chapter 17.32 CMC, this chapter and this section and including the following:
A. The proposed planned unit development is an effective design consistent with the comprehensive plan.
B. The applicant has sufficient financial capability to assure completion of the planned unit development. [Ord. 01-02 § 2 (Exh. 2 § 5.4), 2001.]
17.36.040 Dimensional and bulk standards.
A tract of land to be developed as a planned unit development shall be of a configuration that is conducive to a planned unit development.
A. The minimum lot area, width and frontage requirements otherwise applying to individual building sites in the zone in which a planned unit development is proposed do not apply within a planned unit development. Minimum setbacks from the planned unit development exterior property lines as required by the zone will be maintained. The density standards as allowed by the applicable zone shall be maximum density allowed in the PUD except as noted.
B. Buildings, off-street parking and loading facilities, open space, landscaping and screening shall provide protection to properties outside the boundary lines of the development comparable to that otherwise required of development in the zone.
C. The maximum building height shall, in no event, exceed those building heights prescribed in the zone in which the planned unit development is proposed. [Ord. 01-02 § 2 (Exh. 2 § 5.5), 2001.]
17.36.050 Common open space.
Common open space is land that is left open without structures for use by all owners or tenants of the planned unit development. Streets, public or private, are not to be considered as common open space. At least 50 percent of the gross land area contained in the planned unit development shall be designated as common open space. Land shown on the final development plan as common open space shall be conveyed 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. [Ord. 01-02 § 2 (Exh. 2 § 5.6), 2001.]
17.36.060 Design standards.
Although the planned unit development concept is intended to provide flexibility of design, the following are the minimum design standards which will be allowed:
A. Private streets shall have a minimum improved width of 12 feet for each lane of traffic. If on-street parking spaces are provided, they shall be improved to provide an additional eight feet of street width for each side of the street that the parking is provided. Rolled curbs and gutters may be allowed.
B. Utilities shall be underground where practicable.
C. The overall density of the proposed planned unit development may be increased by a factor of 33 percent, if the development includes some of the following improvements: approved walkways or bike paths, play areas and defined recreational activities and spaces or other amenities. The increased density must be approved by the planning commission, after evaluation of the proposed improvements. [Ord. 01-02 § 2 (Exh. 2 § 5.7), 2001.]
17.36.070 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 are designed to serve primarily the residents of the planned unit development, and are compatible to the design of the planned unit development. [Ord. 01-02 § 2 (Exh. 2 § 5.8), 2001.]
17.36.080 Application submission.
An applicant shall include with the application for approval of a planned unit development a preliminary development plan as described in CMC 17.36.090. The procedure for review and approval of a planned unit development is the same as contained in Chapter 17.32 CMC. [Ord. 01-02 § 2 (Exh. 2 § 5.9), 2001.]
17.36.090 Preliminary development plan.
A preliminary development plan shall be prepared and shall include the following information:
A. A map showing street systems, lot or partition lines and other divisions of land for management, use or allocation purposes.
B. Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.
C. A plot plan for each building site and common open space area, showing the approximate location of buildings, structures and other improvements and indicating the open space around buildings and structures.
D. Elevation and perspective drawings of proposed structures.
E. A development schedule indicating:
1. The approximate date when construction of the project can be expected to begin.
2. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin. Buildings shall conform to the current Uniform Building Code (UBC) as of date of issue of the building permit.
3. The anticipated rate of development.
4. The approximate dates when each stage in the development will be completed.
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:
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 shall be shown.
3. A landscaping and tree plan.
H. A written statement which is part of the preliminary development plan shall contain the following information.
1. A statement of the proposed financing.
2. A statement of the present ownership of all the land included within the planned unit development.
3. A general indication of the expected schedule of development. [Ord. 01-02 § 2 (Exh. 2 § 5.10), 2001.]
17.36.100 Approval of the preliminary development plan.
The approval of the preliminary development plan by the planning commission shall be binding on both the planning commission and the applicant. However, no construction shall commence on the property until approval of the final development plan is granted. [Ord. 01-02 § 2 (Exh. 2 § 5.11), 2001.]
17.36.110 Approval of the final development plan.
A. The final development plan shall be submitted to the planning commission within six months of the date of approval of the preliminary development plan. The planning commission may extend for up to six months the period for filing of the final development plan. After review, the planning commission shall approve the final development plan if it finds the plan is in accord with the approved preliminary development plan.
B. A material deviation from the approved preliminary development plan shall require the preliminary development plan to be re-examined by the planning commission.
C. Within 30 days after approval of the final development plan, the applicant shall file and record the approved final development plan with the Jefferson County clerk. [Ord. 01-02 § 2 (Exh. 2 § 5.12), 2001.]
17.36.120 Control of the development after completion.
The final development plan shall continue to control the planned unit development after the project is completed and the following shall apply:
A. The building official shall issue a certificate of completion of the planned unit development and shall note the issuance on the planning commission copy of the recorded final development plan.
B. 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:
1. Minor modifications of existing buildings or structures.
2. A building or structure that is totally or substantially destroyed may be reconstructed.
3. An amendment to a completed planned unit development may be approved 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 use regulations. The procedure shall be as outlined in CMC 17.36.080. [Ord. 01-02 § 2 (Exh. 2 § 5.13), 2001.]