Chapter 19.55
TENTATIVE APPROVAL OF PLANNED UNIT DEVELOPMENT SUBDIVISIONS
Sections:
19.55.040 Special review standards and criteria.
19.55.050 Tentative plan requirements.
19.55.060 Management of common areas and improvements.
19.55.070 Requirements before construction.
19.55.080 Building restrictions prior to final plat recording.
19.55.090 Final plat requirements.
19.55.100 Time limits and extensions.
19.55.010 Purpose.
The purpose of a planned unit development subdivision is to encourage owners and developers to apply new technology and land designs, to conserve natural resources (such as wetlands, wildlife and plant habitats, views and open spaces), to mitigate natural hazards (such as wildfire, flooding, and earth movement), to mix land uses, and to provide special recreational, social and business amenities to occupants within subdivision developments. To accomplish this objective, this chapter sets forth the standards and criteria for authorizing prescribed departures from the general development and zoning standards for subdivisions, when such departures help the development accomplish one or more of the benefits described above. The nature, extent and value of the benefits, and methods of securing performance, shall be matters wholly within the judgment of the Review Body. This chapter is intended to provide the minimum standards, criteria and procedures to be used in the exercise of this judgment. [2005 RLDC § 55.010.]
19.55.020 Review authority.
A. The Planning Commission shall have the authority to approve tentative plans for planned unit subdivisions, to include specified departures from developmental standards and zoning requirements contained in this title, or other applicable County ordinances, rules, resolutions, orders, technical manuals or publications and policies, in order to accomplish the purposes of this chapter. Approvals may:
1. Allow individual lots to deviate from minimum lot size and shape requirements, and building height, setback and other dimensional standards contained in Chapters 19.71 and 19.72 JCC.
2. Allow street improvements and access standards to be changed when private streets are used.
3. Allow multiple and mixed uses to occur within the development when all of the uses are authorized by the zone.
4. Allow the development to be recorded in phases whenever it is demonstrated each phase meets the standards and criteria of this chapter independent of the completion of subsequent phases. The tentative plan shall show all of the phases of development, and the platting of each phase shall meet the requirements of JCC 19.55.050. In approving the phases, the Planning Commission shall require the common areas, improvements, facilities or amenities which must be completed within each phase.
5. Extend the permit life beyond the time provided in JCC 19.50.100.
B. The Planning Commission shall not have the authority to depart from applicable development standards and zoning requirements in the following respects:
1. Where the departure is contrary to a conflicting state or federal law or rule;
2. By allowing uses which are not authorized in the underlying zoning district for the property;
3. By allowing the overall density of development to exceed the density permitted if the land were developed according to minimum parcel size and design standards for the applicable zone;
4. By waiving or modifying environmental protection standards contained in this title, such as those involving erosion and sediment control, flood or fire hazards, stream setbacks, wetland and wildlife conservation, and other similar provisions;
5. By applying the variance criteria and procedures contained in Chapter 19.44 JCC.
C. The Planning Commission is authorized to attach special conditions to approvals above and beyond those authorized in JCC 19.55.040 when it finds, in its sole judgment, the conditions are needed to justify the requested departures from the County’s normal development standards, or are needed to reasonably secure full development of the project.
D. Off-site amenities or benefits cannot be used to justify departure from applicable development standards unless such amenities or benefits are irrevocably established in favor of the planned unit development subdivision. [2005 RLDC § 55.020.]
19.55.030 Applications.
In addition to the application requirements for subdivisions contained in Chapters 19.50 and 19.51 JCC, applications for planned unit development subdivisions shall contain a comprehensive narrative and graphic description of the property to be developed, showing how special features will be created, enhanced or protected by the project, and how such features will provide special amenities or benefits to the residents of the development and/or the public not otherwise obtainable under this title. This discussion shall also demonstrate how the proposed departures from required standards will be necessary or helpful to accomplish unique objectives of the development. [2005 RLDC § 55.030.]
19.55.040 Special review standards and criteria.
Tentative plans for planned unit development subdivisions shall be reviewed against the tentative plan review standards and criteria as set forth in JCC 19.50.050, and shall govern unless modified pursuant to the authority granted in this chapter. In addition, the following special standards and criteria shall apply:
A. Special Standards.
1. All electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer unless waived by the Hearing Body;
2. The Hearing Body shall require easements necessary for orderly extension of public utilities to future adjacent developments;
3. Areas of semi-public uses within the tentative plan may be included as open space in calculating allowed residential densities;
4. The plan shall assure that unique or scenic natural features of the land are preserved, and that natural or manmade landscaping is provided for common areas;
5. Comply with the water testing standards of JCC 19.84.020(C) governing new construction of planned unit development subdivisions;
6. Common open spaces shall comprise at least 20 percent of the land area contained in the development exclusive of streets, and at least one acre of the common open space shall be located on slopes with less than 15 percent grades. Common open spaces shall be used for recreational, park or environmental purposes, such as watershed management, wildlife or special plant habitat, wetland protection or other similar purposes;
7. Private streets shall be utilized on site only and construction standards shall utilize accepted engineering practices and be sufficient to meet normal and emergency levels of traffic;
8. Areas of intensive use within the development shall be set back, buffered or screened from adjoining lands so that off-site impacts are no greater than those associated with typical developments in the underlying zone;
9. The development does not conflict with legally established easements or other access rights to adjacent lands;
10. In addition to all other requirements made applicable by this title, the Review Body may authorize a planned unit development subdivision within a residential zone only when all of the following requirements are met:
a. The number of new dwelling units in the development does not exceed 10;
b. The number of new lots or parcels to be created in the development does not exceed 10;
c. None of the new lots or parcels will be smaller than two acres;
d. The development is not to be served by a new community sewer system;
e. The development is not to be served by any extension of a sewer system from within an urban growth boundary or from within an unincorporated community;
f. The overall density of the development will not exceed one dwelling for each unit of acreage specified as the minimum for the residential zone applicable to the land contained in the planned unit development subdivision; and
g. For any open space or common area provided as a part of the planned unit development subdivision, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records. The deed restrictions shall preclude all future rights to construct a dwelling on the lot, parcel, or tract designated as open space or common area for as long as the lot, parcel, or tract remains outside an urban growth boundary.
B. Special Criteria.
1. The land, after considering the individual and cumulative effect of all proposed departures from development standards and density requirements, demonstrates adequate carrying capacity to support the development, as defined in JCC 19.11.050;
2. The creation or extension of streets within and without the development are in harmony with the existing and potential access needs of the neighborhood beyond those required by the County’s transportation systems plan;
3. The parcels within the development are designed so that they relate properly to adjoining or nearby lot or parcel lines, utilities, streets, or other existing or planned facilities;
4. Impacts resulting from the development will not adversely affect other lands in the area. Before the Review Body may reject a proposed development because of adverse impacts on other lands in the area, it must find the impacts are both significant and incapable of adequate mitigation; and
5. Any group or cluster of two or more dwelling units will not force a significant change in accepted farm or forest practices on nearby lands devoted to farm or forest use, and will not significantly increase the cost of accepted farm or forest practices there. [2005 RLDC § 55.050.]
19.55.050 Tentative plan requirements.
The tentative plan map for planned unit development subdivisions shall comply with the requirements of JCC 19.50.060, and shall also show the following additional information:
A. The areas of proposed uses, the approximate locations of buildings, the type of construction features (if known) and the density of development;
B. The proposed circulation pattern indicating the status of street ownership, parking areas, type of surfacing, curbs, etc.;
C. The location and nature of use of open spaces;
D. The location of all existing buildings, fences or other structures to be retained in the development, together with the location of proposed commonly owned buildings, fences or other structures;
E. The location and description of existing and proposed areas of landscaping;
F. The proposed grading and drainage pattern;
G. A table showing the acreages devoted to the following features: developed areas, streets, common areas, developed recreational areas, undeveloped recreational areas and open spaces;
H. The tentative plan shall be accompanied by a list of the standards that are proposed to be modified in the tentative plan, together with the corresponding references to the code section, other County ordinance, rule, resolution, order, technical manual or publication or policy containing the standard. [2005 RLDC § 55.060.]
19.55.060 Management of common areas and improvements.
Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests (common areas) will be subject to a nonprofit corporation of owners organized under the laws of the state of Oregon. To comply with this provision, all of the following must be completed:
A. A nonprofit corporation shall be established. The articles of incorporation shall provide that:
1. The corporation shall maintain the common areas;
2. The corporation shall pay taxes on common areas;
3. The owners of each lot in the development shall have one vote as a shareholder in the corporation;
4. The corporation is responsible for carrying out the provisions of approval of this planned unit development subdivision specifying the name of the planned unit development subdivision and Josephine County as the place the subdivision plat is recorded;
5. The corporation is responsible for carrying out the responsibilities of the nonprofit corporation (or any other entity, by any name) mentioned in the restrictive covenants (real covenants);
6. Any shareholder shall be able to enforce any obligation of the corporation which the corporation neglects or refuses to carry out and reasonable attorney’s fees shall be awarded to the successful party;
7. None of the above provisions can be modified or repealed without the unanimous consent of all shareholders of the corporation, representing every lot of the subdivision after all lots have been sold by the original owner-developer-declarant.
B. There shall be filed in the County deed records, restrictive covenants (real covenants), however titled, which shall:
1. Require, as a mutual benefit and burden of ownership of any lot in the planned unit development subdivision, the maintenance, perpetuation, and continuity of the nonprofit corporation, and the payment of a pro rata share of the taxes and maintenance costs for common areas by each lot owner. This shall be done through the corporation;
2. Specify other provisions as may be desired by the applicant, developer, declarant or required by the Review Body;
3. Specifically state that the covenants relate to the planned unit development subdivision, that the corporation can enforce the covenants and any shareholder can require the corporation to enforce the covenants.
C. The articles of incorporation shall be approved in writing by the Director and a certified copy, showing filing with the Oregon Corporation Commission, will be presented to the Director prior to, and as a condition of, final plat approval;
D. The covenants shall be approved in writing by the Director and shall be filed simultaneously with, and be a condition of, final plat approval;
E. The Director may request the assistance of County legal counsel in a review of the articles of incorporation and real covenants mentioned above. [2005 RLDC § 55.080.]
19.55.070 Requirements before construction.
In addition to the items specified in JCC 19.51.040 regarding the requirements before construction for the tentative plan approval of subdivisions, the following requirements shall also apply:
A. Drawings.
1. Showing the locations and material type for waste or borrow areas;
2. Showing traverse data including the coordinates of the boundary of the PUD.
B. Schedule of Stages.
1. A time schedule showing the commencement of construction, a description of the phases of development, and the approximate completion date for each phase;
2. The stages for development of private and public facilities.
C. Plans, Profiles and Specifications.
1. Plans and profiles of proposed sanitary and/or storm water sewers, with grades, pipe sizes, and location of manholes indicated, meeting the requirements of any service district and the Oregon Department of Environmental Quality;
2. Plans and profiles of any proposed water distribution system showing pipes and the location of any valves, fire hydrants, or storage facilities meeting the requirements of the Oregon Health Division. If required by the Hearing Body, water systems shall be designed to provide fire flow capacity meeting standards established by the state Fire Marshal;
3. Specifications for the construction of all proposed sewer and water lines and other utilities;
4. Grading plans and specifications as required by the County Engineer for areas other than streets and ways.
D. Title and Covenant Information.
1. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary, and their interest in the premises;
2. Final drafts of the restrictive covenants and all other documents providing for the maintenance of any public open spaces and recreational areas not dedicated to the public, including agreements by property associations, dedicatory deeds, or reservations of public open spaces. [2005 RLDC § 55.090.]
19.55.080 Building restrictions prior to final plat recording.
Development or building permits shall not be issued for buildings within a planned unit development subdivision prior to the recording of the final plat unless all of the following circumstances exist:
A. The permit is for a building dedicated for the common use and benefit of the whole development, a model residence or commercial/industrial structure to be used for the promotion of sales within the development, or a business office for the operation of the development;
B. The building is shown on an approved tentative plan map; and
C. Construction of the building conforms to all applicable standards of this title, as well as the conditions of tentative plan approval. [2005 RLDC § 55.100.]
19.55.090 Final plat requirements.
A final plat shall be submitted and recorded in conformance with the tentative approval and the provisions of Chapter 19.56 JCC. In addition to the information required by JCC 19.56.050 (Final plat requirements), the following additional information shall be shown on the final plat, where appropriate:
A. Land Use.
1. All areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings, and otherwise dedicated or reserved to the public;
2. Open space that is to be maintained and controlled by the owners of the property and their successors in interest, which is available for the recreational and leisure use of the occupants and uses of the planned unit development subdivision.
B. Circulation.
1. Location of any special engineering features needed to facilitate or ensure the safety or circulation pattern;
2. Location and dimensions of pedestrian walkways, malls, and foot, bicycle and horse trails that will be dedicated as part of the development.
C. Parking and Loading.
1. Location, arrangement, number, and dimension of automobile garages, parking spaces, the widths of aisles and bays, and angle of parking, when interests in spaces are transferred with units of development;
2. Location, arrangement, and dimensions of truck loading spaces and docks;
3. A certificate conforming to ORS 92.070 with the seal of, and signed by, the engineer or surveyor responsible for the survey and final plat or final map;
4. A certificate signed by all parties having any recorded title interest or vested interest in the land, dedicating to the public all streets and roads without any reservation or restriction, other than reversionary rights upon vacation of any such street or road and easement for public utilities.
D. Benefits or Amenities. The creation or construction of special benefits or amenities required by tentative plan approval shall not be secured, but must be completed and operational before final plat approval. [2005 RLDC § 55.110.]
19.55.100 Time limits and extensions.
Time limits and extensions of time limits for tentative approval of planned unit subdivisions shall be governed by the provisions of JCC 19.50.100. [2005 RLDC § 55.130.]