Chapter 15.100
Planned Unit Developments
Sections:
15.100.020 Criteria for approval.
15.100.030 Development standards.
15.100.040 Preliminary development plan.
15.100.050 Approval of the preliminary development plan.
15.100.060 Approval of the final development plan.
15.100.070 Control of the development after permit.
15.100.010 Purpose.
The purpose of the planned unit development designation is to provide greater flexibility in development of land; encourage variety in the development pattern of the community; encourage mixed uses in an area which could not otherwise be efficiently and aesthetically developed as an integrated whole; encourage developers to use a creative approach in land development; conserve natural land features; facilitate a desirable aesthetic and efficient use of open space; create public and private common open spaces and encourage flexibility and variety in the location of improvements on lots and diversity in the use of land. The planned unit development is not intended to be simply a means of avoiding normal zoning requirements for a single use in a particular area. [Ord. 504 § 4.110(1), 1980; 1981 Compilation § 8-5:4.110(1).]
15.100.020 Criteria for approval.
The Planning Commission shall approve a planned unit development only if it finds that the planned unit development will satisfy standards of this chapter including the following:
A. The planned unit development is an effective and unified treatment of the development possibilities on the project site while remaining consistent with the Comprehensive Plan and making provision for the preservation of natural features such as drainage channels, river banks, wooded cover and rough terrain.
B. The planned unit development shall be compatible with the area surrounding the project site considering the location, arrangement, height and bulk of buildings; location and design of open space; the nature and location of transportation and parking facilities, and the proposed use of buildings and land.
C. Financing is available to the applicant sufficient to assure completion of the planned unit development.
D. The planned unit development is in conformance with all applicable policies of the Comprehensive Plan.
E. The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area.
F. The proposed utility and drainage facilities are adequate for the population densities and type of development proposed, and will not create a drainage or pollution problem outside the planned area. [Ord. 504 § 4.110(2), 1980; 1981 Compilation § 8-5:4.110(2).]
15.100.030 Development standards.
A. Dimensional and Bulk Standards.
1. The minimum lot area, width, frontage, and yard requirements otherwise applying to individual buildings in the zone in which a planned unit development is proposed do not apply within a planned unit development.
2. If the spacing between main buildings is not equivalent to the spacing which would be required between buildings similarly developed under this division on separate parcels, other design features shall provide light, ventilation and other characteristics equivalent to that obtained from the spacing standards.
3. Buildings, off-street parking and loading facilities, open space, landscaping, and screening shall provide protection outside the boundary lines of the development comparable to that otherwise required of development in the zone.
4. The maximum building height may exceed those building heights prescribed in the zone in which the planned unit development is proposed, only if surrounding open space within the planned unit development, building setbacks and other design features are used to avoid any adverse impact due to the greater height.
B. Size of the Planned Unit Development.
1. These size requirements apply to all zones except the special development zone.
2. The minimum acreage for any PUD shall be five acres.
3. The City Planning Commission may lower this size to a tract of land which will accommodate five or more units if they find that:
a. An unusual topographic, physical, archaeological, or historic feature or habitat of importance to the community exists on the site and can be preserved and still leave the landowner equivalent use of the land by a planned unit development.
b. The property is adjacent to a property which has been developed or redeveloped under a planned unit development, and this PUD will contribute to the maintenance of the amenities and values of the neighboring PUD.
C. Common Open Space.
1. No open area may be accepted as common open space within a planned unit development unless it meets the following requirements:
a. The location, shape, size and character of the common open space is suitable for the planned development.
b. The common open space is for amenity or recreational purposes and the uses authorized are appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography and the number and type of dwellings provided.
c. Common open space may be suitably improved for its intended use, except that common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements to be permitted in common open space are appropriate to the uses which are authorized for the common open space.
d. The development schedule which is part of the development plan coordinates the improvement of the common open space with the construction of residential dwellings in the planned unit development.
e. If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate assurance that the buildings, structures and improvement will be completed. The City shall release the bond or other assurances when the buildings, structures and other improvements have been completed according to the development plan.
2. Land shown on the final development plan as common open space shall be conveyed under one of the following options:
a. To a public agency which agrees to maintain the common open space and any buildings, structures or other improvements which have been placed upon it.
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 open space that is acceptable to the Planning Commission as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common open space.
3. No common open space may be put to a use not specified in the final development plan unless the final development 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 open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved.
4. If the common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common open space shall authorize the City to enforce their provisions.
D. Accessory Uses in a Planned Unit Development. In addition to the accessory uses typical of the primary uses authorized, accessory uses approved as a part of a planned unit development may include the following uses:
1. Golf course;
2. Private park, lake or waterway;
3. Recreation area;
4. Recreation building, clubhouse or social hall;
5. Commercial buildings. [Ord. 504 § 4.110(3), 1980; 1981 Compilation § 8-5:4.110(3).]
15.100.040 Preliminary development plan.
A preliminary development plan shall be prepared and shall include the following information:
A. A map showing street systems, lot or partition lines and other divisions of land for management, use or allocation purposes.
B. Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.
C. A plot plan showing the approximate location of buildings, structures, and parking areas, sidewalks, roads, open space areas, other transportation facilities, and other improvements.
D. Elevation and perspective drawings of the proposed structure.
E. A development schedule indicating:
1. The approximate date when construction of the project can be expected to begin.
2. The stages in which the project will be built and the approximate date when construction of each structure can be expected to begin.
3. The anticipated rate of development.
4. The approximate dates when each stage in the development will be completed.
5. The area, location and degree of development of common open space that will be provided at each stage.
F. Agreements, provisions or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open space area.
G. The following plans and diagrams, if the reviewing body finds that the planned unit development creates special problems:
1. A landscaping and tree plan.
2. A market analysis.
3. Notations on how the circulation system shall meet the needs of the visually or physically handicapped.
H. Information showing the relationship of the planned unit development to adjacent uses, both existing and proposed.
I. A financial program which provides satisfactory evidence that the thoroughfare, parking area, sidewalks and other public facilities and utilities shall be completed as approved by the City. [Ord. 504 § 4.110(4), 1980; 1981 Compilation § 8-5:4.110(4).]
15.100.050 Approval of the preliminary development plan.
The procedure for submittal, review and approval of the preliminary development plan shall be the same as for conditional use permits as outlined in BMC 15.125.030. [Ord. 504 § 4.110(5), 1980; 1981 Compilation § 8-5:4.110(5).]
15.100.060 Approval of the final development plan.
A. Within six months following the approval of the preliminary development plan, the applicant shall file with the Planning Commission a final development plan containing in final form the information required in the preliminary plan. The Planning Commission may extend for six months the period for the filing of the final development plan.
B. If the Planning Commission finds evidence of a material deviation from the preliminary development plan, the Planning Commission shall advise the applicant to submit an application for amendment of the planned unit development. An amendment shall be considered in the same manner as an original application. [Ord. 504 § 4.110(6), 1980; 1981 Compilation § 8-5:4.110(6).]
15.100.070 Control of the development after permit.
The final development plan shall continue to control the planned unit development after it is finished. The City Administrator when issuing a certificate of completion of the planned unit development shall note the issuance on the recorded final development plan. [Ord. 504 § 4.110(7), 1980; 1981 Compilation § 8-5:4.110(7).]