Chapter 16.35 PLANNED UNIT DEVELOPMENT (PUD)

The development standards of the zoning districts, of RRMC Title 17, and the base lot standards of Chapter 16.20 RRMC represent the historic method of ensuring a safe, livable and economic community. The planned unit development process is intended to permit development using alternative standards to occur, and yet maintain the safety, livability and economy of the community. the purpose of the planned unit development process is as follows:

A. To provide an alternative to the zoning district lot standards for the zoning districts set forth in RRMC Title 17 and the base lot standards set forth in Chapter 16.20 RRMC.

B. To encourage land use and development based upon the unique physical opportunities and constraints of each particular site, with the result that the overall appearance and livability of the community is enhanced.

C. To encourage diversity in building types, site arrangement and ownership of real property.

D. To encourage the greatest economic use of the land and to lower unit development cost, in exchange for better use of open space, more recreational facilities, and greater resource conservation when possible using the base standards of RRMC Title 17 or Chapter 16.20 RRMC.

E. To provide a development project equal to or superior to that possible under the base zoning district standards of RRMC Title 17 or the base lot standards of Chapter 16.20 RRMC.

F. To recognize the need to protect and buffer dissimilar development in the established districts, and to set a good precedent for future development in newly developing districts. [Ord. 11-373-O § 8-7:7.010].

16.35.020 Effect.

An approved planned unit development (PUD), as finally approved, shall have the effect of varying the zoning district lot standards of RRMC Title 17 and the base lot standards of Chapter 16.20 RRMC, without need of other variance procedures. All other provisions of RRMC Title 17 and of this title shall apply, and as well as all other provisions of other city ordinances and standards. [Ord. 11-373-O § 8-7:7.020].

16.35.030 Permitted uses.

A. Residential PUD. Uses are permitted consistent with the applicable zoning district. In addition, open space, playgrounds, bike and pedestrian trails, recreation facilities and community centers are also permitted unless prohibited in the applicable zoning district. Building types may vary from those specified in the applicable zoning district.

B. Commercial or Industrial PUD. Uses are permitted consistent with the applicable zoning district.

C. Mixed-Use Residential/Commercial PUD. Uses are permitted consistent with the applicable zoning district.

D. ORT or Office, Research and Technology Commercial District PUD. Uses are permitted consistent with the applicable zoning district.

E. T&R or Travel and Recreation Business District PUD. Uses are permitted consistent with the applicable zoning district.

F. LI or Light Industrial District PUD. Uses are permitted consistent with the applicable zoning district. [Ord. 11-373-O § 8-7:7.030].

16.35.040 Subdivisions concurrent with PUD.

A. Requirement. A partition tentative plan and final plat or a subdivision tentative plan and final plat shall be prepared as provided in Chapter 16.15 RRMC for PUD requests involving partitioning or subdividing of land, interests in land, unit ownership, or involving tax lot segregation.

B. Combined Map or Plat. Where practical, the partition or subdivision plans and plats required by Chapter 16.15 RRMC may be combined with the PUD tentative plan and final plat as required by this chapter; provided, that all of the submittal requirements for each chapter are satisfied.

C. Procedure Type. A concurrent subdivision or partition and PUD application shall be processed as a PUD, as provided in the land division procedure schedule, RRMC 16.10.040, except that the procedure type utilized shall be the highest type required by Chapter 16.15 RRMC, Subdivision, this chapter, or Chapter 16.40 RRMC, Partition.

D. Criteria. For a concurrent application, the approval, approval with conditions, or denial of the PUD plan shall be based upon the criteria for a PUD, where all the approval, approval with conditions, or denial of the partition or subdivision plat shall be based upon the criteria for a partition or subdivision, excepting only lot area, width, yard requirements, and internal setback requirements of RRMC Title 17 and Chapter 16.20 RRMC. All provisions relating to streets and utilities shall be in full effect and are not subject to variance through the PUD procedure. [Ord. 11-373-O § 8-7:7.040].

16.35.050 Applicability.

The provisions of this section apply to all land within the city limits or proposed for annexation to the city. For all planned unit developments, no land, interest in land, unit ownership or tax segregation shall be created for sale prior to final approval of the PUD. For those PUDs that include the subdivision or partition of lands, no land, interest in land, unit ownership or tax segregation shall be created for sale prior to final approval of both the PUD and the subdivision or partition. [Ord. 11-373-O § 8-7:7.050].

16.35.060 Tentative plan required.

No PUD final plat may be considered for approval until the PUD tentative plan is approved. No PUD final plat that includes a subdivision plat may be considered for approval until the subdivision tentative plan is also approved. [Ord. 11-373-O § 8-7:7.105].

16.35.070 Tentative plan submittal requirements.

The applicant shall submit four copies, two full size, one scaled for eight and one-half inch by 11 inches, and one in the preferred digital format, of a PUD tentative plan and supporting materials to the city administrator. The following shall be included:

A. Signed Application Form. A completed application form as provided by the city administrator, signed by the property owner, the applicant, and the applicant’s agent, if any. To initiate the application, the applicant or the applicant’s agent, if other than the property owner, must have written, notarized authorization, on a form provided by the city, from the property owner, to represent the owner in the requested PUD review.

B. Application Fee. Application fee is determined by the city council application fee schedule in effect on the date of the application.

C. Tentative Plan Map. A subdivision tentative plan map meeting all the requirements of RRMC 16.15.040(C) shall be provided, including the following:

1. Buildings and Structures. Location and floor area, size of all existing and proposed structures and other features including maximum heights, types of dwelling units and nonresidential structures, renderings and elevations of typical structures.

2. Public Areas. The location and approximate size of all areas to be dedicated for general public ownership and use.

3. Open Space – Public, Private and Common. The location and size of all outdoor open space areas shall be delineated on the plan map, differentiating between privately owned areas, easements and commonly owned areas.

4. Landscaping. A general landscape plan indicating location, areas to be landscaped and general landscape material to be used.

5. PUD Perimeter Buffering. Show proposed treatment of the PUD perimeter, including vegetative screens, fences, setbacks, windows and walls.

6. Statement of Proposed Financing. A general statement showing commitment of lender’s or applicant’s ability to finance the project through to completion.

7. Project Intent. A statement describing the objectives to be achieved through the PUD process that cannot be achieved through the conventional land development process. The statement shall include a description of the character of the proposed project and some of the rationale in choosing the development concept, and shall include a statement of intention to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.

8. Development Schedule. A statement indicating the approximate construction dates for beginning and ending the project, including any proposed phases or stages of development.

9. Land Use Data. Quantitative description in table form of the following:

a. Total acres of the site.

b. Acres dedicated to public right-of-way.

c. Usable acres of the site (subsection (C)(9)(a) of this section minus subsection (C)(9)(b) of this section).

d. Density factors used (dwelling units per acre).

e. Maximum allowable dwelling units (subsection (C)(9)(c) of this section times subsection (C)(9)(d) of this section).

f. Actual dwelling units (dwelling units proposed).

g. Area of recreation open space (number of acres and percent of the usable site area).

h. Area of impervious surface (number of acres and percent of the usable site area).

D. Conceptual Utility Plan. A conceptual utility plan meeting all the requirements of a subdivision conceptual utility plan per RRMC 16.15.040(F).

E. Fire Prevention Plan. A fire prevention plan identifying compliance with both the Uniform Building Code and Uniform Fire Code shall be included with the tentative plan.

F. Master Plan. A master plan, if needed, meeting all the requirements of a subdivision master plan per RRMC 16.15.040(E). [Ord. 23-418-O § 104; Ord. 11-373-O § 8-7:7.110].

16.35.080 Criteria for PUD tentative plan approval.

The review body shall approve, approve with conditions, or deny the request based upon all of the following criteria:

A. The plan conforms to the requirements of the city’s floodway and floodplain requirements and restrictions, and conforms to the requirements of any applicable overlay district.

B. The street, curb, gutter and sidewalk layout conforms to the applicable requirements of any adopted city street plans, master transportation plans, or master plan as adopted by the city council. The proposal shall not impose an undue burden on the public transportation system. For developments that are likely to generate more than 200 average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate that the level of impact to the street system will not exceed a volume over capacity (V/C) ratio of 0.80. Whenever performance standards of local, arterial or collector roads are determined to be above 0.80 V/C and transportation improvements are not planned within the planning horizon to bring the performance standards below 0.80 V/C, the developer shall demonstrate that the level of impact to the street system will not exceed a 0.80 V/C ratio. The road system shall provide adequate access to buildings for residents, visitors, customers, deliveries, emergency vehicles, and garbage collection.

C. The proposed utility plan conforms to the applicable requirements of any adopted city utility plan or master plan, as adopted by the city council.

D. Cuts, fills and retaining walls shall comply with the standards in RRMC 17.95.090, Hillside protection.

E. The proposed plan complies with the applicable portion of the city’s comprehensive land use plan, this title and other city ordinances, state statute and federal law.

F. The project results in an equal or superior development than would have resulted from following the zoning district lot standards as provided in RRMC Title 17, or the base lot standards as provided in Chapter 16.20 RRMC, by providing one or more of the following benefits:

1. Greater variety of housing types or lot sizes than would be achieved under the base development code standards;

2. More open space or more usable open space than would be required under the base development code standards;

3. Greater protection of natural features than would be required under the base development code standards;

4. Avoidance of natural hazards (e.g., geological hazards, river resources, or flood hazards);

5. Improved transportation connectivity, such as the provision of pathways and/or other transportation facilities, that would not otherwise be provided pursuant to base development code requirements;

6. Any other benefit, as deemed in line with the purpose statement of this section, as stated in RRMC 16.35.010.

G. The proposal shall result in a balanced exchange. The developer gains flexible development standards, maximum land utilization and alternative ownership options. The community gains greater preservation of natural features and resources and more usable open space and recreation facilities.

H. Potential impacts to adjoining properties have been adequately mitigated through site design and attached development conditions.

I. All utilities, accessways, open space, streets and recreation areas not dedicated to the public are owned and maintained by a homeowners (residential) or property owners (commercial or industrial) association or other acceptable private legal entity with the responsibility for and capability of adequate maintenance and care of such facilities, to the satisfaction of the city engineer and the city attorney.

J. The applicant has demonstrated the ability to finance the project through to final completion. [Ord. 23-418-O § 105; Ord. 11-373-O § 8-7:7.120].

16.35.090 PUD phased development.

Phased development for a proposed PUD shall meet all the requirements of RRMC 16.15.070. [Ord. 11-373-O § 8-7:7.140].

16.35.095 Tentative plan review – Purpose.

The purpose of tentative plan review is to provide sufficient opportunity for the public and the review body to address the critical and material land use issues. The applicant must provide substantial evidence of compliance with the mapping and approval criteria, as well as other city standards. [Ord. 11-373-O § 8-7:7.210].

16.35.100 Development conditions.

Tentative plan review is the most critical stage in the PUD process. It is at this stage that discretion is applied to evaluate compliance with criteria for approval, the extent of deviation from city ordinance standards, and to address impacts of the proposed development. For this reason, additional detail may be required from the applicant, and development conditions may be imposed upon the project by the review body. [Ord. 11-373-O § 8-7:7.220].

16.35.110 Tentative plan review procedures.

Tentative plan review shall be conducted in accordance to type III procedure, conforming to Chapter 16.10 RRMC procedures. [Ord. 23-418-O § 106; Ord. 11-373-O § 8-7:7.230].

16.35.120 Expiration of approved tentative plan.

Within 18 months following the effective date of the approved tentative plan, the final plat shall be submitted to the city planner with all conditions of tentative plan approval fulfilled. The city planner may, upon written request by the applicant, grant a 12-month extension of the expiration date. Upon granting an extension, the city planner shall make written findings that the facts upon which the approval was based have not changed to an extent sufficient to warrant refiling of the tentative plan and that no other subsequent development approval will be affected. [Ord. 23-418-O § 107; Ord. 11-373-O § 8-7:7.240].

16.35.130 Revised tentative plan to comply with development conditions.

Prior to submitting construction documents for city review, the applicant shall submit a revised tentative plan demonstrating compliance with the conditions of approval. The city planner may waive this requirement if no significant modifications are required in order to comply with these conditions. [Ord. 11-373-O § 8-7:7.245].

16.35.140 Construction document review.

A. Sanitary sewer, potable and fire flow water, storm drainage, grading and erosion control, and other utility plans must be reviewed and approved by the city engineer and the public works director.

B. Fire lines and fire hydrants including placement, size and type, and proposed water pressure shall be reviewed and approved by the Rogue River rural fire marshal.

C. Water system design shall conform to the adopted water plan, official water system map, and the city of Rogue River water standards.

D. Sewer system design shall conform to the adopted sewer plan, official sewer system map, and shall be approved by the Department of Environmental Quality.

E. Storm drain and drainway design shall be consistent with the city’s master storm drainage facilities plan and official storm drainage map, shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the use or development, and to allow extension of the system outside the use or development.

F. Grants Pass Irrigation District and/or Gold Hill Irrigation District shall be consulted regarding any improvements on the property in which they have an interest.

G. All utilities shall be placed underground. The applicant shall make necessary arrangements with the utility companies or other persons or corporations affected for the installation of underground lines and facilities.

H. Construction document submittal and review, construction acceptance and bonding for completion and maintenance, fees, assessments and system development charges shall be per Chapter 16.25 RRMC. [Ord. 11-373-O § 8-7:7.250].

16.35.150 Final plat review – Purpose.

Approval of the tentative plan does not constitute final acceptance of the final plat, although such approval is binding for purposes of the preparation of the final plat. As a result of final plat review, the city may require changes in the final plat as are necessary for compliance with the terms of the city approval of the tentative plan. This provision allows the subdivider to proceed with the project including final plat preparation and actual construction with some assurance and gives assurance to the city that the final plat will be in substantial conformance with the approved tentative plan and with the development conditions of approval. [Ord. 11-373-O § 8-7:7.410].

16.35.160 Final plat review procedures.

Final plat review shall be in accordance to type II procedure as provided in RRMC 16.10.040, Procedure schedule. PUD final plats shall require a preapplication conference per Article III of Chapter 16.10 RRMC and a complete application determination per Article IV of Chapter 16.10 RRMC prior to proceeding with the review of the final plat. [Ord. 23-418-O § 108; Ord. 11-373-O § 8-7:7.420].

16.35.170 Substantial conformance.

The final plat must be in substantial conformance with the tentative plan, as defined in this title. Within 14 days of receipt of the final plat, the city administrator shall determine whether the final plat substantially conforms to the approved tentative plan. The 120-day period shall be measured from the date the final plat application is determined to be complete. For this reason, final plats that are in substantial conformance have a lesser degree of review at the final plat stage than the tentative plan stage. The term “substantial conformance” shall mean, in the opinion of the director of public works, at a minimum, that the final plat:

A. Conforms with the approved tentative plan and the development conditions of approval of the tentative plan by the review body;

B. Conforms with the city standards of design and construction, or those deviations specifically approved as part of the approved tentative plan, as embodied in the approved construction documents, including those change orders approved in writing by the director of public works;

C. Conforms with the approved master plan street and utility requirements, if any; and

D. Has resulted in no additional lots, dwelling units, or buildings created, other than as approved in the tentative plan by the review body. [Ord. 23-418-O § 109; Ord. 11-373-O § 8-7:7.430].

16.35.180 Final plat review process.

Within 120 days of application, the city planner shall determine the final plat’s completeness and compliance with the tentative plan approval. An amendment application, including planning commission and city council review, will be required if the final plat does not substantially conform to the approved tentative plan. [Ord. 23-418-O § 110; Ord. 11-373-O § 8-7:7.440].

16.35.190 Final plat map requirements.

After receiving the PUD tentative plan approval, the developer shall have prepared a final plat. The final plat shall be prepared by a surveyor, shall be a minimum of 18 inches by 24 inches with a one-inch margin and shall contain:

A. All requirements of ORS 209.250 and ORS Chapter 92, and any other applicable state or federal regulations.

B. Any dedications or changes required as part of tentative plan approval.

C. A future development plan, when required, including a note stating that development of the property is subject to the conditions of such plan.

D. Any tentative plan notes, restrictions, notices and special conditions that were required to be placed on the final plat as part of tentative plan approval. The review body shall not require that the final plat show graphically any information or requirement that is or may be subject to administrative change or variance.

E. A letter from the responsible engineer stating that the engineer had supervised the grading and the construction of the entire parcel and the individual lots, and stating that the grading and construction were completed according to the approved plans.

F. As a separate document, a land division guarantee from a title company. [Ord. 11-373-O § 8-7:7.510].

16.35.200 Final plat signatures required.

The signatures required on a PUD final plat shall be as follows:

A. The surveyor who prepared the plat, the property owner(s), and all other parties required to sign under ORS Chapter 92 shall sign the plan.

B. The county surveyor, verifying compliance with applicable survey laws for the state of Oregon.

C. The city administrator, verifying all city financial obligations on the property have been met.

D. The public works director, verifying that the final plat is in conformance with the approved tentative plan, that all tentative plan approval conditions have been met, and that the letter from the responsible engineer certifying grading and construction according to approved plans has been received.

E. The director of any special district shown on the final plat or any official required by law to provide certifications.

F. The Jackson County board of county commissioners’ chair.

G. The county assessor, certifying that all taxes on the property have been paid or bonded for in accordance with state law. [Ord. 11-373-O § 8-7:7.520].

16.35.210 Filing an approved final plat.

The applicant shall file the approved original PUD final plat as per ORS Chapter 92. After recording, the applicant shall also file one print with the city administrator, bearing the county clerk’s received stamp and the recording number. [Ord. 11-373-O § 8-7:7.530].

16.35.220 Expiration of approved final plat.

The approved final plat shall become null and void if not filed and recorded with the county clerk within 30 days of final approval by the city. The date of final approval by the city shall be the effective date following the final action by the city review body and the appeal period per Article II of Chapter 16.10 RRMC. [Ord. 11-373-O § 8-7:7.540].

16.35.230 Replatting previously recorded plats.

Replatting of previously approved and recorded final plats shall follow the same review procedure as submittal and review of a new PUD tentative plan, per RRMC 16.35.060 through 16.35.140. [Ord. 11-373-O § 8-7:7.550].