13.78.040: SUBMISSION, REVIEW AND APPROVAL; SITE PLAN AND CONDITIONAL USE PERMIT:

   A.   Allowed By Zone: Planned unit developments are allowed as per chapter 13.100, "Appendix A - Allowed Uses", of this title.

   B.   Three Step Review Of Site Plan: A planned unit development site plan shall be considered in three (3) steps as required by section 13.08.010 of this title. (Ord. 2016-04, 4-14-2016)

   C.   Review And Approval Of A Conditional Use: The planning commission shall consider the conditional use application at a public hearing. The City shall provide notice as per "Conditional Use Permit" noticing procedures as required in Appendix C: "Noticing Requirements" of Title 13.

      1.   A copy of the planning commission's agenda shall be posted as required in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)

   D.   Submission Requirements:

      1.   The applicant shall submit a standard subdivision design, using the minimum lot size, width, and setback dimensions required by the zone, to calculate the maximum allowable number of dwellings ("maximum density") for the development.

      2.   The applicant shall submit a planned unit development site plan for the total area within the proposed development as required by chapter 13.03 of this title.

         a.   The site plan shall show, where pertinent:

            (1)   The use or uses, dimensions, sketch elevations and locations of proposed structures;

            (2)   Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces;

            (3)   Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationships of the uses; and

            (4)   Such other pertinent information such as, residential density, coverage and open space characteristics as may be necessary to make a determination that the proposed arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title.

         b.   An explanation of how the proposed planned unit development satisfies the purposes set forth in section 13.78.020 of this chapter.

         c.   If the planned unit development is to be developed on a phase basis, each phase shall be of such size, composition and arrangement that its construction, marketing and operation is feasible as a unit independent of any subsequent phases.

   E.   Waiver Of Zone District Regulations: To allow flexibility and initiative in site and building design, the planning commission may waive or vary one or more of the land use regulations as required by the zone in which the planned unit development is proposed, other than:

      1.   Use regulations;

      2.   Overall building height regulations, including graduated height restrictions; and

      3.   Density.

   F.   Limitations: A conditional use permit shall not be granted unless the planned unit development meets the use limitations of the zoning district in which it is to be located and meets the density and other limitations of such districts.

   G.   Compliance With The Subdivision Regulations: Compliance with the regulations of this chapter does not excuse the developer from the applicable requirements of the subdivision regulations, as required by chapter 13.10 of this title, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.

   H.   Planning Commission: The planning commission may approve, approve with conditions, or deny a planned unit development based upon written findings of fact according to each of the following standards. It is the responsibility of the applicant to provide written and graphic evidence demonstrating compliance with the following standards:

      1.   Planned Unit Development Objectives: The planned unit development shall meet the purpose statement for a planned unit development (section 13.78.020 of this chapter);

      2.   Master Plan And Zoning Ordinance Compliance: The proposed planned unit development shall be:

         a.   Consistent with any adopted policy set forth in the future land use map applicable to the site where the planned unit development will be located, and

         b.   Allowed by the zone where the planned unit development will be located.

      3.   Compatibility: The proposed planned unit development shall be compatible with the character of the site, adjacent properties, and existing development within the vicinity of the site where the use will be located. In determining compatibility, the planning commission shall consider:

         a.   Whether the street or other means of access to the site provide the necessary ingress/egress without materially degrading the service level on such street/access or any adjacent street/access;

         b.   Whether the planned unit development and its location will create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected, based on:

            (1)   Orientation of driveways and whether they direct traffic to major or local streets, and, if directed to local streets, the impact on the safety, purpose, and character of these streets;

            (2)   Parking area locations and size, and whether parking plans are likely to encourage street side parking for the planned unit development which will adversely impact the reasonable use of adjacent property;

            (3)   Hours of peak traffic to the proposed planned unit development and whether such traffic will unreasonably impair the use and enjoyment of adjacent property.

         c.   Whether the internal circulation system of the proposed planned unit development will be designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic;

         d.   Whether existing or proposed utility and public services will be adequate to support the proposed planned unit development at normal service levels and will be designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources;

         e.   Whether appropriate buffering or other mitigation measures, such as, but not limited to, landscaping, setbacks, building location, sound attenuation, odor control, will be provided to protect adjacent land uses from excessive light, noise, odor and visual impacts and other unusual disturbances from trash collection, deliveries, and mechanical equipment resulting from the proposed planned unit development; and

         f.   Whether the mass and scale of the intended buildings/structures, the intended uses within the planned unit development, and the intensity, size, and scale of the entire planned unit development are compatible with surrounding properties. (Ord. 2014-06, 5-1-2014; amd. Ord. 2016-04, 4-14-2016; Ord. 2021-18, 8-5-2021)

13.78.050: MINIMUM AREA:

A planned unit development proposed for any parcel or tract of land under single ownership or control in certain zoning districts shall have a minimum net lot area as set forth in table 13.78.050.1 of this section.

TABLE 13.78.050.1

Zone Type	Designation	Minimum Area
Forestry and recreation zone	FR-0.5	1.5 acres
Forestry and recreation zone	FR-1	3 acres
Forestry and recreation zone	FR-2.5	7.5 acres
Forestry and recreation zone	FR-5	15 acres
Forestry and recreation zone	FR-10	30 acres
Forestry and recreation zone	FR-20	60 acres
Single-family residential zone	R-1-4	12,000 sq. ft.
Single-family residential zone	R-1-8	24,000 sq. ft.
Single-family residential zone	R-1-10	30,000 sq. ft.
Single-family residential zone	R-1-15	45,000 sq. ft.
Single-family residential zone	R-1-21	1.5 acres
Single-family residential zone	R-1-43	3 acres
Single-family residential zone	R-1-87	6 acres
Multi-family residential zone	R-2-8	24,000 sq. ft.
Multi-family residential zone	R-2-10	30,000 sq. ft.
Multi-family residential zone	R-M	12,000 sq. ft.
Commercial zone	C-1	No minimum
Commercial zone	C-2	No minimum

 

(Ord. 2014-06, 5-1-2014)

13.78.060: REZONE REQUIRED WHEN:

A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for the land use amendment. (Ord. 2014-06, 5-1-2014)

13.78.070: DEVELOPMENT OWNERSHIP:

The development shall be in single, partnership, or corporate ownership, or under option to purchase by an individual or a corporate entity at the time of application, or the application shall be filed jointly by all owners of the property. (Ord. 2014-06, 5-1-2014)

13.78.080: EFFECT ON ADJACENT PROPERTIES:

The planning commission shall require such arrangement of structures and open spaces within the site development plan, as necessary, to assure that adjacent properties will not be adversely affected. (Ord. 2015-02, 2-5-2015)

   A.   Height And Intensity: Height and intensity of buildings and uses shall be arranged around the boundaries of the planned unit development to be compatible with existing adjacent developments or zones. However, unless conditions of the site so warrant, buildings located on the periphery of the development shall be limited to a maximum height of two (2) stories. All structures in the planned unit development shall comply with the graduated height restrictions of the underlying zone.

   B.   Area, Width, Yard And Coverage: Lot area, lot width, yard and coverage regulations shall be determined by approval of the site plan and shall meet the requirements of the underlying zone wherever possible. (Ord. 2014-06, 5-1-2014)

   C.   Density: Residential planned unit developments shall not exceed the density limitation of the zoning district where the planned unit development is proposed. The density for any residential planned unit development may not exceed the maximum density calculation as defined in subsection 13.78.040D1 of this chapter. The calculation of planned unit development density may include open space that is provided as an amenity to the planned unit development. Public or private roadways located within or abutting a planned unit development shall not be included in the planned unit development area for the purpose of calculating density except as allowed by section 15.28.020 of this code. (Ord. 2015-02, 2-5-2015)

13.78.090: PRESERVATION OF OPEN SPACE:

   A.   Preservation and maintenance of required open spaces within the development shall be the responsibility of the planned unit development ownership and shall be maintained in perpetuity as open space. (Ord. 2014-06, 5-1-2014)

13.78.100: LANDSCAPING, FENCING AND SCREENING REQUIREMENTS:

Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning commission for approval, together with other required plans for the development. (Ord. 2014-06, 5-1-2014)