14-3A-4: APPROVAL CRITERIA:
Applications for all planned developments will be reviewed for compliance with the standards of this section, except for sensitive areas developments that comply with all underlying zoning and subdivision regulations. If, however, modifications to the underlying zoning or subdivision regulations have been requested as a part of a sensitive areas development, the standards of this section will apply.
   A.   General Standards:
      1.   The density and design of the planned development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout.
      2.   The development will not overburden existing streets and utilities.
      3.   The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development.
      4.   The combination of land uses and building types and any variation from the underlying zoning requirements or from city street standards will be in the public interest, in harmony with the purposes of this title, and with other building regulations of the city.
   B.   Ownership: At the time of preliminary OPD plan approval, the developer must submit evidence of ownership of the property to be developed or of a legally binding executed option agreement for purchasing all of the property.
   C.   Land Uses Allowed: A mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. The following provisions provide standards for uses that might not otherwise be allowed in the underlying zone:
      1.   Uses Allowed On Properties Zoned Residential: A mixture of housing types, including single-family, two-family, and multi- family dwellings, is encouraged in all residentially zoned planned developments. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials should be used and the following standards must be followed:
         a.   Single-Family And Two-Family Uses:
            (1)   Unless modified as allowed in subsection C1a(3) of this section, attached and detached zero lot line dwellings must comply with the specific approval criteria for attached and detached zero lot line dwellings in the RS-12 zone as set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. Townhouse style condominiums must also meet these approval criteria. In addition, the following provisions apply:
               (A)   Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard.
               (B)   If multiple townhouse style condominium buildings are located on a common lot, the buildings must be separated by a distance of at least twenty feet (20').
               (C)   If the underlying base zone is RS-5 or RS-8, the requirement that attached single-family dwellings are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color.
            (2)   Two-family uses must comply with the standards for two-family uses as set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. In addition, the following provisions will apply:
               (A)   Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard.
               (B)   If multiple two-family buildings are located on a common lot, the buildings must be separated by a distance of at least twenty feet (20').
               (C)   If the underlying base zone is RS-5 or RS-8, the requirement that two-family uses are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color.
               (D)   Garages and off street parking areas must be located and designed so that they do not dominate the streetscape according to the standards specified in subsection K1c(2) of this section.
            (3)   Minimum lot area, lot width, lot frontage, and setbacks required in the underlying base zone may be reduced in order to provide the opportunity for a variety of single-family and two- family dwelling types. However, any such modification to the underlying zoning requirements must be noted on the plan and the development must comply with the standards listed in subsection E, "Zoning Requirements", of this section.
         b.   Multi-Family And Group Living Uses: If multi-family or group living uses are proposed, they must comply with the multi-family site development standards set forth in chapter 2, article B, "Multi-Family Residential Zones", of this title. When located adjacent to single-family and duplex structures, multi-family buildings should be of a scale, massing and architectural style that is compatible with adjacent lower density residential development.
         c.   Commercial Uses: Commercial uses are not permitted in planned developments that are less than two (2) acres in size on property that is zoned residential. In larger residentially zoned developments, where commercial uses are proposed, they must comply with the following standards:
            (1)   Any commercial development proposed must comply with the CN-1 site development standards as set forth in chapter 2, article C, "Commercial Zones", of this title.
            (2)   Mixed use buildings, which include residential dwellings and commercial uses, are encouraged.
            (3)   Any commercial development proposed must be of a scale suited to serve the residents of the immediate development and adjacent neighborhoods.
            (4)   Commercial development should be designed to serve as a focal point of the overall development and is encouraged to incorporate open spaces such as town squares.
            (5)   Commercial development should be designed so that the material, massing and architectural style is compatible with adjacent residential development.
         d.   Institutional Uses: Institutional uses, such as educational facilities, religious institutions, and childcare centers, are only allowed if they are listed as an allowed use in the underlying base zone.
      2.   Uses Allowed On Property Zoned Commercial:
         a.   On property zoned commercial, development must comply with the commercial site development standards of the underlying base zone as set forth in chapter 2, article C, "Commercial Zones", of this title.
         b.   Residential uses are only allowed in such planned developments if residential uses are listed as an allowed use in the underlying commercial zone. Residential uses must comply with the requirements specified for such uses in the underlying base zone, unless modifications are specifically approved through the planned development process.
      3.   Uses Allowed On Property Zoned Industrial Or Research Park: A planned development is not allowed on properties that are zoned industrial or research park unless the property contains regulated sensitive areas according to the provisions of chapter 5, article I, "Sensitive Lands And Features", of this title. Uses allowed in such a planned development are limited to those uses allowed in the underlying base zone. Such uses must comply with the requirements and standards specified in the underlying base zone, unless modifications are specifically approved through the planned development process.
   D.   Maximum Residential Density:
      1.   The City will approve a residential density based on the underlying density allowed in the base zone and what is compatible with the natural topography of the site and with surrounding development. The residential density for a planned development may not exceed the value specified in table 3A-1, located at the end of this subsection, except as allowed by subsection 14-3A-4D3 or section 14-4F. Actual residential density allowed, however, may be less than the maximum expressed in the table due to the topographical constraints of the property, the scale of the project relative to adjacent development, and the dimensional, site development, and other requirements of this title.
      2.   For purposes of this article, "net land area" is defined as total land area minus public and private street rights of way. When calculating net land area, the land area devoted to alley and private rear lane rights of way need not be subtracted from the total land area.
      3.   Sustainability Density Bonus: The maximum residential density that is required by Table 3A-1 may be increased by ten percent (10%) of the applicable requirement for each of the following provisions that is met, up to a maximum of twenty-five percent (25%). This bonus may be used in conjunction with subsection 14-5A-4F10 (Sustainability Parking Reduction).
         a.   A solar energy system is installed onsite where the size is equal to at least forty percent (40%) of the surface area of the roofs of all buildings.
         b.   All uses within the development utilize electricity for one hundred percent (100%) of their regular energy consumption after construction.
         c.   All buildings within the development are constructed to the most current edition of the International Energy Conservation Code standards published by the International Code Council.
Table 3A-1: Maximum Residential Density
Underlying Base Zone
Dwelling Units Per Acre Of Net Land Area
Underlying Base Zone
Dwelling Units Per Acre Of Net Land Area
RR-1
1
RS-5
5
RS-8
8
RNS-12
8
RS-12
13
MU
24
CO-1
15
CN-1
24
CC-2
15
RM-12
15
RNS-20
24
RM-20
24
RM-44
43
PRM
49*
 
*Density bonuses are available in the PRM zone that would increase the allowed density beyond the figure in this table.
   E.   Zoning Requirements:
      1.   All planned developments must comply with all the applicable requirements and standards of this title, unless specifically waived or modified under the provisions of this article.
      2.   Variations in the dimensional requirements of the underlying base zone may be necessary in order to facilitate the provision of desired neighborhood amenities or open space; to preserve or protect natural, historic, or cultural features; to achieve compatibility with surrounding development; or to create a distinctive or innovative neighborhood environment for area residents. Therefore, the dimensional requirements of the underlying base zone may be modified or waived, provided the standards for modified developments set forth in subsection K of this section are met.
      3.   In order to accommodate the various types of manufactured housing, the minimum building width specified in the underlying base zone may be waived for manufactured housing parks.
      4.   In order to avoid development on or near regulated sensitive areas, parking requirements for commercial and industrial uses may be reduced. However, parking requirements for residential uses within the development may not be reduced other than through a special exception approved by the board of adjustment according to the procedures and approval criteria set forth in this title for such an exception.
   F.   Dedication Of Public Right Of Way: All proposed dedications of land for public use, including land dedicated for recreational use, shall be approved, in writing, by appropriate departments of the city prior to city council approval of the planned development. All land dedications for public use shall conform to the requirements of city ordinances.
   G.   Streets: Planned developments shall provide for the continuation and extension of streets and public sidewalks in accordance with current city standards. Requests for modifications to city street standards will be evaluated according to the provisions of subsection K of this section.
   H.   Pedestrian Facilities:
      1.   On Site Pedestrian Facilities: To assure that pedestrians have adequate access throughout a development, a pedestrian network plan must be developed so that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities.
      2.   Pedestrian Facilities Along Streets: Sidewalks must be provided along all public and private streets according to city standards. Particular emphasis must be given to maintaining or establishing pedestrian oriented street frontages. Pedestrian oriented streets are those that are designed to provide a safe, comfortable environment for pedestrians. Important elements include sidewalks that are separated and buffered from vehicular traffic with limited interruption from driveways; the provision of street trees; and buildings that visually address the street with visible doors and windows. Buildings with blank facades along the street, long stretches of repetitive building designs, surface parking lots, and other expanses of paving are contrary to a pedestrian oriented street.
   I.   Tree Requirements: For any planned development that contains attached single-family dwellings, two-family uses, multi-family uses, group living uses, or lease lots for manufactured housing, a landscape plan must be submitted with the preliminary plan illustrating how the requirements of chapter 5, article E, "Landscaping And Tree Standards", of this title will be met.
   J.   Open Space:
      1.   Public Open Space Requirement:
         a.   Residentially zoned planned developments must dedicate land for public open space, pay a fee in lieu of land for public open space, or a combination thereof, as set forth in chapter 5, article K, "Neighborhood Open Space Requirements", of this title.
         b.   In the event that the dedicated open space land will contain amenities, such as trails, that will serve the residents of the proposed development, the city may require such amenities be installed by the developer with the costs shared jointly by the developer and city based on an estimate of proportional use by the residents of the proposed development. The timing of such improvements shall be determined and set forth in a development agreement between the developer and the city.
      2.   Private Shared Open Space:
         a.   In the event open space land, in addition to that required by chapter 5, article K of this title, is to be retained under private ownership, the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining the areas and for financing maintenance costs. Such costs shall be shared by all owners of property located within the planned development through the use of an owners' association or other entity satisfactory to the city. Any costs incurred by the city due to failure of this designated entity to meet its obligations under the provisions of this subsection J2a shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the city.
         b.   The intended purpose of any private, shared open space proposed for a planned development must be set forth in the plan. Such land must be suitably improved for its intended purpose. The timing of such improvements shall be set forth in a legally binding instrument as described in the subsection J2a of this section.
      3.   Protected Sensitive Areas: Protected sensitive areas and their required buffers should be incorporated into the design of the development as public open space dedicated to the city or private open space held in common by an owners' association. Where protected features and/or their required buffers are incorporated into individual lots, they must be included within a recorded conservation easement or protected by restrictive covenants with the city that are recorded and run with the land.
   K.   Standards For Modified Developments: The following standards are to be used by the city when evaluating a planned development when modifications to the underlying zoning requirements or to city street standards are requested. For single-family uses, townhouse style multi-family uses and two-family uses that will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining when modifications to the underlying dimensional standards are being requested. When applying the standards, the city will weigh the specific circumstances surrounding each application, and strive for development solutions that best promote the spirit, intent and purpose of this article and of chapter 5, article I, "Sensitive Lands And Features", of this title and of the goals, policies and objectives of the adopted district plan for the area in which the proposed development is located, while permitting development of the property for reasonable, beneficial uses. Modifications that the city deems as contrary to public safety will not be approved.
      1.   Modifications To Zoning Requirements:
         a.   Minimum setbacks may be reduced if the following conditions are met:
            (1)   The setbacks proposed will provide adequate light, air, and privacy between dwellings and between dwellings and public rights of way.
            (2)   Sufficient setbacks are incorporated to provide the opportunity for adequate private open space for each dwelling unit.
            (3)   The setbacks proposed will provide sufficient area for utilities and street trees.
            (4)   If front setbacks are reduced, measures should be taken to preserve privacy within residential dwellings and to provide a transition between the public right of way and private property. To ensure privacy within single-family and two-family dwellings for which setbacks are reduced, the first floor must be elevated at least thirty inches (30") above the grade of the adjacent public sidewalk. Other methods to increase privacy are also encouraged, such as use of front porches.
            (5)   Residential buildings that are located in close proximity to each other must be designed to preserve privacy. This can be achieved by placement of windows to prevent direct views into the windows of adjacent residential dwelling units. In addition, balconies and air conditioning units may not be located along a building wall that is within twenty feet (20') of a building wall of an adjacent principal building on the same lot, if the wall of the adjacent building contains window or door openings into dwelling units. Proximity of building walls will be subject to all current building code fire protection requirements.
         b.   The maximum building height and building coverage may be modified or waived, provided the design of the development results in sufficient light and air circulation for each building and adequate, accessible open space for all residents of the development. When the underlying base zone is single-family residential, at least thirty five percent (35%) of the net land area in a planned development shall remain free of buildings, parking and vehicular maneuvering areas.
         c.   Minimum lot area, lot width, and lot frontage requirements may be reduced. However, due to the concentration of dwelling units that will occur if these dimensional requirements are reduced, the following conditions must be met:
            (1)   The proposed modifications will not result in increased traffic congestion or a reduction in neighborhood traffic circulation. To mitigate for the concentration of dwellings, shorter block lengths may be appropriate, and the location of driveways and pedestrian facilities must be carefully planned.
            (2)   Garages and off street parking areas must be located so that they do not dominate the streetscape. Alley or private rear lane access will be required, unless garages are recessed behind the front facade of the dwelling in a manner that allows the residential portion of the dwelling to predominate along the street. Figure 3A.1 below illustrates some options for garage placement for detached and attached dwelling units. Other options meeting these standards are also acceptable.
Figure: 3A.1 - Garage Placement
 
 
            (3)   If garages are located with access to the street, the development must be designed so that there is adequate right of way and front yard area available to accommodate street trees and front yard landscaping. The widths of driveways may need to be reduced and garages set back an adequate distance to accommodate these elements.
      2.   Modifications To Street Standards:
         a.   Right Of Way Width: Street right of way widths may be reduced below those otherwise required by the subdivision regulations if the proposed planned development provides sufficient area within the right of way for required street trees and public and private utilities.
         b.   Pavement Widths For Local Streets: Requests for reductions to street pavement widths for local streets will be considered if streets are designed to promote pedestrian oriented frontages and safe access for emergency vehicles. For example, this might be achieved through the use of alleys or private rear lanes. Depending on the width of the proposed street and the anticipated traffic, additional off street parking clusters may be required. Any separate off street parking areas must be screened to the S2 standard.
         c.   Private Streets:
            (1)   Private streets in single-family and two-family residential areas are discouraged. Requests for private streets in these areas will be carefully scrutinized and will only be approved if the proposed private street serves as a shared access to a cluster or small group of housing units and does not support any through traffic. In addition, adequate provisions must be made for street maintenance, snow removal, and garbage service according to the provisions listed in subsection K2c(3) of this section.
            (2)   Private streets in multi-family, commercial, and industrial areas may be allowed; provided, that the responsibilities for maintenance, snow removal, and garbage service is clearly established according to the provisions of subsection K2c(3) of this section.
            (3)   If private streets are approved, the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining private streets and providing garbage service and snow removal, and for financing these services. Such costs shall be shared by all owners of property located within the planned development through the use of an owners' association or other entity satisfactory to the city. Any costs incurred by the city due to failure of this designated entity to meet its obligations under the provisions of this subsection K2c(3) shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the city.
   L.   Other Conditions: Other conditions may be imposed if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. Such conditions include, but are not limited to, the following:
      1.   Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets.
      2.   Specific landscaping requirements to maintain privacy or reduce impacts on adjoining properties.
      3.   Joint use of private open space or amenities by adjoining property owners. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 09-4366, 12-1-2009; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023)