A. Purpose: The purpose of the planned unit development (PUD) is to facilitate a more flexible mixture of uses and developments. They are intended to allow for greater localized density, to encourage clustered development for preservation of open spaces, to arranging living patterns in accordance with good planning principles, and to provide adequate safeguards to protect the community.
B. Uses Permitted: The underlying zoning district indicated within a PUD will determine the principal uses permitted.
C. Criteria For Review: The facts and circumstances of each proposal shall be reviewed and written findings of fact that address the following criteria shall be prepared:
1. The project provides alternative methods of land development;
2. The project includes a mix of land uses; these uses are compatible and well integrated even though they might otherwise be discouraged through conventional zoning techniques;
3. The project conserves natural and topographic features;
4. The project promotes compatibility with adjacent land uses, established neighborhoods, and available public facilities;
5. The project considers intensity of use including, but not limited to, building coverage, magnitude of activities, density, and traffic circulation/patterns;
6. The project emphasizes architectural design and aesthetic value; and
7. The project emphasizes provision of open spaces and quality recreation areas and facilities.
D. General Standards: The following standards shall apply to all proposed PUDs:
1. Ownership Or Unitary Control: A PUD shall be under single ownership or unified control throughout the entire planning stage and the completion of all approved infrastructure to ensure that development is accomplished as planned. Proof of single ownership or unified control is required and may be demonstrated by a deed showing a single owner, restrictive covenants of a property owners' association, or otherwise as approved by the city.
2. Integration: In the design process, particular effort shall be made to integrate a PUD proposal with the surrounding natural and built out environment. Particular attention shall be paid to proposed traffic patterns, pedestrian circulation, surrounding land uses, and drainage patterns.
3. Subdivision Requirements: Any PUD that includes a subdivision of land shall comply with all standards set forth by the subdivision ordinance of the city. Subdividing of land may not proceed until a proposed PUD has been approved.
4. Open Space: Regardless of the type of PUD, common open space shall encompass at least twenty percent (20%) of the net land area involved in the development. Rights of way and areas included within private lots shall not be counted toward the required open space. The required common open space shall include, but not be limited to, usable recreation areas and/or facilities (e.g., parks, clubhouses, athletic courts, pools, trails).
Land dedicated as open space shall be permanently maintained by either private covenants attached to and made part of the plan, or if suitable and mutually agreeable to the applicant and the city, by public dedication. If open space is to be maintained through private covenants, the director may require, prior to recording of any final plat, establishment of a homeowners' association and/or either:
a. Completed improvements, development, and dedication of open space features;
b. Posting of a bond sufficient to assure completion of improvements, development, and dedication of open space features.
5. Grading And Vegetation: All lands graded and/or stripped of vegetation, except private residential yards, shall be revegetated by the developer in a timely manner with approved species adapted to site conditions. Revegetation plans shall be submitted to and approved by the city engineer or designee prior to grading.
6. Time Frame: For any approved PUD, physical construction of approved infrastructure shall begin within three (3) years of final approval of the PUD. Grading or landscaping does not constitute physical construction. Build-out of the PUD infrastructure shall be completed within five (5) years of final approval. If not complete, the PUD becomes null and void and reapplication is required thereafter. If requested, the planning and zoning commission may consider granting time extensions for the PUD time frames described herein. Extensions shall not exceed a one year period, and requests for such extensions shall be received by the city at least three (3) months prior to the expiration date. These time limits may be as otherwise adjusted and approved through the PUD process.
7. Planned Unit Development To Run With The Land: A planned unit development granted pursuant to the provisions of this chapter shall continue for the approved use upon a change of property ownership, subject to the same conditions and terms of approval.
E. Procedures:
1. The applicant shall meet with planning staff to discuss submission of a development plan and application. The purpose of this meeting is for preliminary and informal review of the purpose and effect of the PUD, introduction of the review criteria and standards for PUDs, to familiarize the applicant with the comprehensive plan, land use and development standards, and to explain the process.
2. A PUD application shall be filed and include all information listed on the application form. In addition to the requirements outlined in the application, the applicant shall also address in written form any exceptions requested to the development standards of chapter 17.05 of this title.
3. Upon receipt of a complete application and development plan, a hearing date shall be set, notice of the hearing provided, and hearing held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.
4. The planning and zoning commission shall recommend approval, approval with conditions, or denial of PUD application requests. The commission's recommendation shall be forwarded to the city council for final decision.
F. Amendments (Major And Minor): An approved PUD may be amended by the following procedures:
1. Major Amendments: These shall be processed in the same manner as the original planned unit development application. Major amendments are listed below:
a. Change in the proposed land uses;
b. Change in the street pattern, particularly if it would negatively impact adjoining property as determined by the director;
c. Increase in overall density or intensity of use that exceeds either:
(1) Ten percent (10%) of the approved number of dwelling units; or
(2) Ten percent (10%) of the total approved building square footage;
d. Decrease of more than ten percent (10%) of approved number of parking spaces;
e. Change in the proposed phasing sequence of the PUD;
f. Decrease in the amount of required or proposed open space, landscaping or required setbacks exceeding ten percent (10%) of the approved amount;
g. Changes in the location and number of curb cuts onto a collector or an arterial street; and
h. Any other proposed change deemed by the director to be a major change.
2. Minor Amendments: Upon written request from an applicant detailing the proposed amendment, minor modifications shall be reviewed and determination made by the director using the criteria listed below. Appeal of the director's decision may be made to the planning and zoning commission and shall follow the provisions of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. The following are considered minor amendments to a planned unit development:
a. Increase in density of less than ten percent (10%) of the approved number of dwelling units that would not exceed zoning ordinance requirements of the underlying district;
b. Increase in required front, side, and rear setbacks, or decrease in required setbacks not to exceed ten percent (10%) of approved dimension if still in compliance with zoning ordinance requirements;
c. Increase in building height that would not exceed zoning ordinance requirements of the underlying zoning district;
d. Minor changes in the approved street patterns;
e. Minor changes in property lines;
f. Decrease of less than ten percent (10%) in approved number of parking spaces if still in compliance with the parking requirements listed in section 17.05.570 of this title;
g. Change in the location and number of curb cuts onto local streets; and
h. Change in items such as, but not limited to, location of fencing, fire access lanes, and sidewalk location/placement.
G. Development Standards In Residential Districts:
1. Lot size averaging may be used provided that the overall density does not exceed the maximum number of dwelling units per acre allowed by the underlying zoning district, plus up to twenty percent (20%).
2. Uses permitted in the neighborhood commercial and residential/commercial/professional districts may constitute up to twenty five percent (25%) of the net land area within a residentially zoned PUD.
3. Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.
4. Residential PUDs shall meet minimum off street parking requirements for residential components. A reduction of up to ten percent (10%) from minimum off street parking requirements may be allowed for nonresidential uses.
5. Architectural design principles shall be approved for each PUD and shall be enforced by the property owner(s) or a property owners' association. The principles shall include, but not be limited to:
a. Style or type of building;
b. Color scheme; and
c. Building materials.
H. Development Standards In A Residential/Commercial/Professional (RCP) District: Planned unit developments may be proposed in RCP districts for all residential, residential/commercial/professional, neighborhood commercial, and commercial general uses. Development standards include:
1. Uses permitted in a commercial general district may constitute up to twenty five percent (25%) of the net land area in a residential/commercial/professionally zoned PUD.
2. No uses, other than those permitted in R, RCP, or CG zoning districts (see section 17.03.500 of this title) may be permitted within an RCP PUD.
3. Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.
4. A mixed use residential/commercial/professional PUD shall be planned with common parking areas and common ingress/egress points to reduce vehicle/pedestrian conflicts.
5. Architectural standards shall be approved for each PUD. The standards shall address:
a. Style or type of building;
b. Color scheme; and
c. Building materials.
I. Development Standards In Commercial General (CG) Districts:
1. A PUD may be proposed in a commercial general district that includes commercial general uses, residential/commercial/professional uses, residential uses, and light industrial uses conditionally permitted in the commercial general zoning district.
2. Residential uses may constitute up to twenty five percent (25%) of the net land area in a commercial general PUD as identified in the following table, excluding upper story residential units.
PUD Size
| Percent That May Be Residential Uses
|
0 to 9 acres | Up to 10 percent |
10 to 14 acres | Up to 20 percent |
More than 15 acres | Up to 25 percent |
3. Light industrial uses conditionally permitted in the commercial general zoning district may constitute up to twenty five percent (25%) of the net land area in a commercial general PUD.
4. Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.
J. Development Standards In Industrial Districts:
1. A PUD may be proposed in an industrial district that includes commercial general and office uses. Industrial PUDs shall be developed to use landscaping and existing terrain or vegetation as buffers to screen lighting, parking areas, loading dock areas, and/or outdoor storage of raw materials or products.
2. Commercial general and office uses may constitute up to twenty five percent (25%) of the net land area in an industrial PUD.
3. Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.
4. Exterior storage is prohibited in the area between the front of the principal building, or buildings, and the public right of way. All storage shall be screened from public view by sight obscuring fences. A separate permit shall be required for all fences.
5. Project side and rear yards of thirty feet (30') will be required if the project is located adjacent to any residential use and/or zoning district (see section 17.03.600, table 17.03.600 of this title). Minimum front yard setbacks shall be thirty feet (30'). (Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)