Chapter 18.130
PLANNED DEVELOPMENT
Sections:
18.130.010 Planned development.
18.130.030 Application and plan check fee.
18.130.040 Approval procedure.
18.130.050 Outline development plan (optional).
18.130.060 Phased development.
18.130.070 Limitation on resubmission.
18.130.080 Financial responsibility.
18.130.090 Adherence to approved plan.
18.130.100 Minimum area of development.
18.130.110 General requirements.
18.130.140 Improvement standards.
18.130.150 Control of development after completion.
18.130.010 Planned development.
The purpose of a planned development is to permit the application of new technology by allowing a greater freedom of design in land development than may be possible under a strict interpretation of the provisions of the general district regulations. The use of these provisions is dependent upon the submission of an acceptable plan and satisfactory assurance it will be carried out. A planned development, as defined in Chapter 18.10 MCMC, may either be residential or commercial in nature or may contain a combination of compatible uses. A planned development may be located within any zoning district as a conditional use, provided such plans accomplish substantially the same general objectives as the comprehensive plan of the city of Myrtle Creek. After the final plan is reviewed and formally approved as specified herein, it shall be designated as the approved plan. In the case of a conflict in regulations, the provisions of MCMC 18.130.020 through 18.130.150 shall govern. [Ord. 508 § 5.11.0, 1982].
18.130.020 Objective.
A planned development endeavors to provide:
(1) A choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominiums, leasing, etc.), housing and accessory community facilities.
(2) Useable open space and recreation areas.
(3) Convenience in location of accessory commercial and service areas.
(4) Preservation of natural topographical and geological features with emphasis on preservation of soil erosion, conservation of existing surface and subsurface water and preservation of major trees or other environmentally enhancing features. [Ord. 508 § 5.11.1, 1982].
18.130.030 Application and plan check fee.
Applications for a planned development shall be made by the owner of the affected property or his authorized agent and shall be filed on forms as described in MCMC 18.185.130 at least 30 days prior to the planning commission meeting at which consideration is desired. The application shall be accompanied by the following:
(1) Plan Check Fee. In addition to any other fees or charges that may be applicable to a planned development, a plan check fee established by the city of Myrtle Creek handbook of fees and charges shall be submitted with the preliminary plan.
(2) Written Statement. A written statement shall be filed with the preliminary plan containing an explanation of:
(a) The character of the proposed development and the manner in which it has been designed to take advantage of the concept and how and why the development conforms to the comprehensive plan;
(b) Number of housing units proposed (density);
(c) If commercial or industrial activities are to be included in a zone in which they are not permitted under the general district regulations, a detailed statement of the economics of such development and supporting data shall be submitted;
(d) The present ownership of all of the land included within the planned development;
(e) The method proposed to maintain common open areas, buildings and other facilities, private streets or jointly held properties (i.e., corporations, homeowners associations, etc.); and
(f) The proposed time schedule for development.
(3) Site Plan. Submit two sets of plans and accompanying documents containing the information described in MCMC 18.185.140. All plot plans shall be drawn at a scale of one inch equals 50 feet or, for areas over 100 acres, one inch equals 100 feet, or as otherwise approved by the city engineer. The developer shall obtain a trained and experienced registered architect, landscape architect, surveyor and/or engineer to prepare plans for all planned developments to enable the most expeditious processing for such developments.
(4) Landscaping Plan. The preliminary plan shall include a conceptual layout indicating the location of all required landscaping. The final plan shall provide a detailed landscaping plan indicating location and type of plant materials, location of irrigation system, and maintenance provisions.
(5) Approved Plan. Upon final approval of the planned development, one print and one three-mil mylar of the approved plan or recorded plat, if applicable, shall be submitted to the city along with one copy of each of recorded deed restrictions, management agreements and other finalized documents. [Ord. 508 § 5.11.2, 1982].
18.130.040 Approval procedure.
No construction, grading or filling shall begin and no building permit shall be issued for construction, enlargement or alteration of a planned development until final approval is granted as stated herein. A planned development shall also be subject to the laws and ordinances relating to condominiums and subdivisions, when applicable, and the city shall have received a copy of the properly recorded plat before a building permit will be processed. There shall be a three-stage process for each planned development proposal, as follows:
(1) Stage 1 – Use Permit. An application for a conditional use permit shall be filed in accordance with the procedures of Chapter 18.170 MCMC. Approval of the conditional use permit shall give tentative approval of the use of the proposed location for planned development purposes contingent upon submission of acceptable plans and final approval of the proposed development. The decision of the planning commission to approve or deny a conditional use permit is subject to appeal as set forth in Chapter 18.190 MCMC.
(2) Stage 2 – Preliminary Approval.
(a) Following, or in conjunction with, conditional use permit approval, the planning commission shall conduct a site review of the preliminary plan. The planning commission shall then forward a report containing their recommendations on the planned development to the city council for public hearing.
(b) Upon expiration of the appeal period (providing no appeal has been filed) and upon receipt of the report from the planning commission, the city council shall hold a public hearing (as set forth in MCMC 18.185.210) on the preliminary plan. After such hearing, the council may require changes or impose conditions of approval as are in its judgment necessary to ensure conformity to the criteria and standards contained in this chapter and to the subdivision regulations of the city, if applicable. Following council approval of the preliminary plan, the applicant will be directed to prepare the final plans and documents for submission to the planning commission. The commission shall be authorized to grant final approval in accordance with subsection (3) of this section.
(c) In the case of an appeal, but where the decision of the planning commission to approve the conditional use permit is upheld, the council may refer the preliminary plan back to the planning commission for re-review prior to conducting the procedures set forth in subsection (2)(b) of this section.
(3) Stage 3 – Final Approval. Within one year after approval of the preliminary plan, the applicant shall file a final plan for the entire development. If submission in phases has been authorized, the final plan will be approved in phases. The final plan shall be sufficiently detailed to indicate fully the ultimate appearance of the planned development. Copies of legal documents required for dedication or reservation of public facilities or for deed restrictions, management agreements, etc., shall also be submitted. Upon receipt of the final plan, the city administrator or the city administrator’s designee shall examine such plans and documents to determine whether they substantially conform to the previously approved preliminary plan and the stipulations of the conditional use permit. If the city administrator or the city administrator’s designee should require any changes, the administrator shall permit the applicant to revise the plan and/or documents and resubmit the final plan within 60 days. The decision of the city administrator shall be final subject to the procedures of subsection (4) of this section. Final approval, either for a phase or for the entire plan, shall be valid for a 12-month period. The city administrator or the city administrator’s designee may extend approval for an additional one-year period, provided a written request from the applicant is submitted prior to the expiration date, stating the reason why an extension should be granted.
(4) Filing of Plats. In the case of a planned development which involves a subdivision or condominium plat and upon the city administrator’s or the city administrator’s designee’s determination that the final plan and supplementary documents conform to all requirements:
(a) When compliance with conditions has been assured, the plat shall be signed by the city administrator. The subdivider shall, without delay, submit the plat for all other signatures required by law. Approval of the plat shall be null and void if the plat is not recorded within 90 days after the date of the last required signature.
(b) Condominium plats shall conform to Oregon law and are not reviewed by the planning commission. [Ord. 508 § 5.11.3, 1982].
18.130.050 Outline development plan (optional).
The planned development conditional use permit application may be filed on the basis of an outline plan, or the developer may omit this step and file his application based on the detailed preliminary plan. The purpose of an outline plan is to demonstrate the intent of the developer at an early stage of the plan with a minimum of design costs. [Ord. 508 § 5.11.4, 1982].
18.130.060 Phased development.
When an applicant desires to develop an approved preliminary plan in phases, the council may authorize a time schedule for submitting the various phases for final approval in periods of time in excess of one year, but in no case shall the total time period for submitting all phases be greater than five years without resubmission of the preliminary plan. Phases submitted for final approval after the passage of one year may be required to have modifications to avoid conflict with a change in the comprehensive plan or implementing regulations. [Ord. 508 § 5.11.5, 1982].
18.130.070 Limitation on resubmission.
Whenever a conditional use permit for a planned development has been denied, no application for the same plan or any portion thereof shall be filed by the same applicant within one year after the date of denial. [Ord. 508 § 5.11.6, 1982].
18.130.080 Financial responsibility.
As a condition to granting final approval, the submission of satisfactory evidence that the streets, utilities, parking areas and sidewalk improvements will be placed shall be required. The submission of satisfactory evidence for improvements in the common area may also be required. For the purpose of this section, the criteria for satisfactory evidence set forth in MCMC Title 17 shall apply. [Ord. 508 § 5.11.7, 1982].
18.130.090 Adherence to approved plan.
The applicant shall agree in writing to be bound, for himself and his successors in interest, by the conditions prescribed for approval of a development. The approved final plan and phased development schedule shall control the issuance of all building permits and shall restrict the nature, location, and design of all uses. Minor changes in an approved plan may be authorized by the city administrator if such changes are consistent with the purpose and general character of the approved plan. All other modifications, including extension or revisions of the phased development schedule, shall be processed in the same manner as the original application and shall be subject to the same procedure requirements. [Ord. 508 § 5.11.8, 1982].
18.130.100 Minimum area of development.
(1) The minimum area for a planned development shall be 22 contiguous acres of land except as allowed by subsection (2) of this section.
(2) A planned development may be for a tract of land that will accommodate six or more units if the planning commission finds, upon a showing by the landowner, that a planned 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, or the community as a whole, exists on the site or in the neighborhood which can be conserved and still leave the landowner equivalent use of the land by the use of a planned development; or
(b) The property or its neighborhood has a historical character of importance to the community that will be protected by the use of a planned development; or
(c) The property is adjacent to property which has been developed or redeveloped under a planned development, and a planned development will contribute to the maintenance of the amenities and values of the neighboring planned development. [Ord. 508 § 5.11.9, 1982].
18.130.110 General requirements.
A planned development is designed as a single entity in order to promote flexibility and innovation in design and preservation of special features of the site. The design shall, however, be consistent with the general use provisions of the district regulations. A planned development may be designed as a related group of dwelling units (single-family, duplex, dwelling, zero side yard dwellings, multifamily or condominiums) or for a number of uses according to a plan which is susceptible to development and regulations as one complex land unit, rather than an aggregation of individual buildings located on separate lots.
(1) Setbacks. Minimum lot size, front, side and rear yards and lot width shall not be regulated specifically by the zoning district, but will be determined during the planned development process. Dimensional standards will be based on density, fire and life safety, access to sunlight, the relationship of buildings to each other, the street system and open space land.
(2) Building Height. The maximum building height shall, in no event, exceed those building heights prescribed in the zone in which the planned development is proposed, except that a greater height may be approved if surrounding open space within the planned development, building setbacks, and other design features are used to avoid any adverse impact due to the greater height.
(3) Accessory Uses. In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as part of a planned development may include the following uses:
(a) Golf course.
(b) Private park, lake or waterway.
(c) Recreation area.
(d) Recreation building, club house or social hall.
(e) Other accessory structures which the planning commission finds are designed to serve primarily the residents of the planned development and which are compatible to the design of the planned development. [Ord. 508 § 5.11.10, 1982].
18.130.120 Density.
The residential density of a planned development shall not exceed the density of the district in which it is located. Except for the site capacity calculation of the R-H district, the gross area shall be used when calculating density. Areas of public or semi-public uses within the planned development will be included in calculating gross density. However, the applicant may choose to utilize, as an alternative option to the gross density calculation, the site capacity calculation contained in the R-H district regulations (MCMC 18.25.090) for a planned development located in any of the other districts when the site capacity calculation is found to provide superior standards for protection of the land or the development in general. [Ord. 508 § 5.11.11, 1982].
18.130.130 Common property.
Common property in a planned development is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants. When common property exists, the ownership of such common property may be either public or private. Satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas.
(1) Creation of Common Property. No area may be accepted as common property within a planned development unless it meets the following requirements:
(a) The location, shape, size and character of the open space is suitable for the planned development;
(b) The common property is for amenity or recreational purposes, and the uses authorized are appropriate to the scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings provided;
(c) Common property will be suitably improved for its intended use, except that common areas containing natural features worthy of preservation may be left unimproved. The buildings, structures, and improvements to be permitted in the common property shall be appropriate accessory uses or amenities;
(d) The development schedule which is part of the development plan coordinates the improvement of the common property (including the construction of buildings and other structures) with the construction of residential dwellings in the planned development; and
(e) If buildings, structures or other improvements are to be made in the common property, the developer provides a bond or other adequate assurance that the buildings, structures and improvements will be completed. The city shall release the bond or other assurances when the buildings, structures or other improvements have been completed according to the development plan.
(2) Conveyance of Common Property. Land shown on the final plan as common property shall be conveyed under one of the following options:
(a) To either a public agency or to the city of Myrtle Creek. The public agency or the city shall agree to maintain the common open space and any buildings, structures or other improvements which have been placed on it; or
(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 property that is acceptable to the planning commission and city council as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common property.
(3) Permitted Uses. No common property may be put to a use not specified in the approved plan unless the approved plan is first amended to permit the use. However, no change of use may be considered as a waiver of any of the covenants limiting the use of common property and all rights to enforce these covenants against any use permitted are expressly reserved.
(4) Enforcement of Provisions. If the common property is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common property shall authorize the city to enforce their provisions. [Amended during 2012 recodification; Ord. 508 § 5.11.12, 1982].
18.130.140 Improvement standards.
The same improvements shall be installed to serve each building site in a planned development as is required of a subdivision. Design plans for all utilities, access roads and paved areas shall be submitted to the city engineer following preliminary approval. Streets, sidewalks, curbs and drainage shall be designed and constructed in accordance with city standards. The city engineer may specify additional design standards where applicable. Upon completion of construction, one set of “as-builts” suitable for reproduction (15-inch by 18-inch three-mil mylar) shall be submitted to the city. The following standards shall apply in conjunction with those set forth in MCMC Title 17.
(1) Utilities. All utilities, including wires for service to light poles, shall be underground.
(2) Private Streets. A private street may be permitted in a planned development if provisions are made to assure responsibility for future maintenance. Unless otherwise specifically authorized as part of a street plan, a private street shall comply with the same standards as a public street.
(3) Street Signs. Each vehicular way in the planned development shall be named and marked with signs which have been approved by the city engineer. A map of the named vehicular ways shall be provided to the fire department.
(4) Fire Protection. If a permanent structure in the planned development is more than 500 feet from a public fire hydrant, the planned development shall have water supply mains designed to serve fire hydrants, and hydrants shall be provided within 500 feet of each structure or as designated and approved by the city engineer. Each hydrant within the planned development shall be located in a vehicular way and shall conform in design and capacity to the public hydrants in the city of Myrtle Creek. [Ord. 508 § 5.11.13, 1982].
18.130.150 Control of development after completion.
The approved plan shall continue to control the planned development after it is finished and the following shall apply:
(1) Certificate of Completion. The building official, in issuing a certificate of completion of the planned development, shall note the issuance on the approved plan.
(2) Amendments/Redevelopment. After the certificate of completion has been issued, the use of the land and the construction or alteration of a building or a structure in the planned development shall be governed by the approved plan as follows:
(a) An amendment to a completed planned development may be approved in accordance with MCMC 18.130.090 if it is appropriate because of changes that have occurred since the final 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; and
(b) A building or structure that is totally or substantially destroyed may be reconstructed if it is in compliance with the approved plan. [Ord. 508 § 5.11.14, 1982].