Chapter 18.205
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
18.205.030 Permitted buildings and uses.
18.205.040 Development standards.
18.205.050 Procedure – Preliminary development plan.
18.205.060 Procedure – Final approval.
18.205.080 Adherence to approved plan and modification thereof.
18.205.010 Intent.
This chapter is intended to provide for developments incorporating a single type or a variety of housing types and related uses that are planned and developed as a unit. Such developments may consist of individual lots as part of a larger holding or as common building sites. Commonly owned land which is an essential and major element of the plan should be related to and preserve the long-term value of the homes and other development. It is the intent of this chapter to foster a more innovative approach to land development than is possible under the traditional lot-by-lot methods. [Ord. 290 § 3(10.010), 2006.]
18.205.020 Purpose.
The purpose of this chapter is to provide a more desirable environment through the application of flexible and diversified land development standards following an overall comprehensive site development plan. [Ord. 290 § 3(10.020), 2006.]
18.205.030 Permitted buildings and uses.
The following buildings and uses may be permitted either singly or in combination; provided, the overall density of the planned unit development does not exceed the density of the parent zone as provided in this title.
A. Single-family dwellings including detached, attached, or semi-attached units, row houses, atrium or patio houses, provided each has its own separate plot.
B. Duplexes and multiple-family dwellings.
C. Accessory buildings and uses.
D. Commercial uses only when supported mainly by the planned unit development and only when economic feasibility can be shown.
E. Buildings or uses listed as permitted outright or conditionally in the parent zone on which the planned unit development is located. [Ord. 290 § 3(10.030), 2006.]
18.205.040 Development standards.
A. Minimum Site Size. Planned unit developments shall be established only on parcels of land which are suitable for the proposed development and are determined by the planning commission to be in keeping with the intent of this title.
B. Open Space. In all residential developments, or in combination residential-commercial developments, area should be devoted to open space. Of this area, 25 percent of said open space may be utilized privately by individual owners or users of the planned unit development; however, 75 percent of this area should be common or shared open space. The planning commission may increase or decrease the open space requirement depending on the particular site and the needs of the development. In no case should the open space be less than 25 percent of the site.
C. Density. The density of a planned development shall not exceed the density of the parent zone, except as more restrictive regulations may be prescribed as a condition of a planned unit development permit. When calculating density, the gross area is used (total area including street dedications). Areas of public use may be included in calculating allowable density.
D. Subdivision Lot Sizes. Minimum area, width, depth, and frontage requirements for subdivision lots in a planned unit development may be less than the minimums set forth elsewhere in city ordinances; provided, that the overall density is in conformance, and that lots conform to the approved preliminary development plan.
E. Off-Street Parking. Parking spaces shall conform to all provisions of this title, except that the planning commission may authorize exceptions where warranted by unusual circumstances.
F. Signs. All signs of any type within a planned unit development are subject to approval of the planning commission. They shall consider each sign on its merits, based on its aesthetic impact on the area, potential traffic hazards, potential violation of property and privacy rights of adjoining property owners, and need for said sign.
G. Height Guidelines. The same restrictions shall prevail as permitted outright in the zone in which such development occurs, except that the planning commission may allow a variance of heights where it is determined that the surrounding property will not be harmed.
H. Streets and Roads. Necessary streets and roads within the planned unit development shall be dedicated to the public and constructed to standards determined by the planning commission and city engineer.
I. Dedication and Maintenance of Facilities. The planning commission may, as a condition of approval for a planned unit development, require that portions of the tract or tracts under consideration be set aside, improved, conveyed or dedicated for the following uses:
1. Recreation Facilities. The planning commission may require that suitable area for parks or playgrounds be set aside, improved, or permanently reserved for the owners, residents, employees or patrons of the planned unit development.
2. Common Area. Whenever common area is provided, the planning commission may require that an association of owners or tenants be created into a nonprofit corporation under the laws of the state of Oregon, which shall adopt such articles of incorporation.
3. Easements. Easements necessary to the orderly extension of public utilities may be required as a condition of approval.
J. Approvals. The planning commission shall submit the preliminary development plan to the fire district, city engineer, county sanitarian, power company, and other utilities which will serve the planned unit development and shall consider their recommendations in regard to approval of the proposal. [Ord. 290 § 3(10.040), 2006.]
18.205.050 Procedure – Preliminary development plan.
A. The applicant shall submit four copies of the preliminary development plan to the planning commission. A fee prescribed in GMC 18.210.080 shall accompany applications. This plan and any written statements shall contain at least the following information:
1. Proposed land uses and densities.
2. Location and approximate dimensions and heights of structures.
3. Plan of open spaces or common spaces.
4. Map showing existing features of site and topography.
5. Proposed method of utilities service and drainage.
6. Road and circulation plan including off-street parking.
7. Relation of the proposed development to the surrounding area and the comprehensive plan.
8. Lot layout.
9. A schedule, if it is proposed that the final development plan will be executed in stages.
B. The commission shall consider the preliminary development plan at a public hearing, at which time they shall determine whether the proposal conforms to city ordinances. In addition, in considering the plan, the commission shall seek to determine that:
1. There are special physical conditions or objectives of development that the proposal will satisfy to warrant a departure from the standard ordinance requirements.
2. Resulting development will not be inconsistent with the comprehensive plan provisions or zoning objectives of the area.
3. The proposed development will be substantially in harmony with the surrounding area, including vegetation and topography and any important natural areas such as marshes or wildlife habitats.
4. The plan can be completed within a reasonable period of time.
5. The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.
6. Proposed utility and drainage facilities are adequate for the populations densities and type of development proposed.
C. 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. Commission action can be appealed to the city council pursuant to GMC 18.210.060.
D. Following this hearing, the applicant may proceed with his request for approval of the planned development. [Ord. 290 § 3(10.050), 2006.]
18.205.060 Procedure – Final approval.
A. Within one year after preliminary plan approval or modified approval of a preliminary development plan, the applicant shall file a final plan for the entire development or, when submission in stages has been authorized, for the first unit of the planned unit development, with the planning commission. The final plan shall conform in all respects with the approved preliminary development plan. The final plan shall include all information included in the preliminary plan, plus the following:
1. Contour map showing at least eight-foot intervals.
2. Grading plan showing future contours if existing grade is to be changed more than eight feet.
3. Existing and proposed utility lines.
4. Preliminary subdivision plan if property is to be subdivided.
5. Location and dimensions of pedestrian way, roads, malls, common open space, recreation area and parks.
6. Location, dimensions, and arrangement of off-street parking including width of aisles, spaces, and other design criteria.
7. Preliminary planting and landscaping plan.
8. Preliminary architectural plans and elevations of typical structures.
9. The applicant shall also submit drafts of appropriate deed restrictions or protective covenants to provide for the maintenance of common areas and to assure that the objectives of the planned unit development be followed.
B. Upon receipt of the final development plan, the planning commission shall examine such plan and determine whether it conforms to all applicable criteria and standards and whether it conforms in all substantial respects to the previously approved preliminary development plan, or requires such changes in the proposed development or imposes such conditions of approval as are, in its judgment, necessary to ensure conformity to the applicable criteria and standards. In so doing, the planning commission may permit the applicant to revise the plan and resubmit it as a final development plan within 30 days.
C. After final approval by the planning commission, the planned unit development application will be considered approved unless appealed to the city council pursuant to GMC 18.210.060. [Ord. 290 § 3(10.060), 2006.]
18.205.070 Mapping.
An approved planned unit development shall be identified on the zoning map with the letters “PUD” in addition to the abbreviated designation of the parent zone. [Ord. 290 § 3(10.070), 2006.]
18.205.080 Adherence to approved plan and modification thereof.
A. Building permits in a planned unit development shall be issued only on the basis of the approved plan. Any changes in the approved plan shall be submitted to the planning commission for processing as an amendment to this title.
B. A performance bond may be required, in an amount to be determined by the planning commission, to ensure that a development proposal is completed as approved and within the time limits agreed to.
C. The developer shall show to the satisfaction of the planning commission that the proposal will be carried out in such a way that no significant damage will be done to the lakes, streams, beaches or wetlands in the city. Special attention will be paid to the impact of the planned unit development on slide-prone hillsides to ensure that damage will not be caused to surrounding property. [Ord. 290 § 3(10.080), 2006.]