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40.520.080 Planned Unit Development
A. Purpose.
The intent of the planned unit development approval is to allow flexibility in design and creative site planning, and in some cases, density, while providing for the orderly development of the county in conformance with the comprehensive land use plan. A further purpose of planned unit development approval is to allow for mixed uses when in conformance with the comprehensive plan.
B. Applicability.
Planned unit developments are permitted pursuant to the provisions of this section within the following districts: R1-5, R1-6, R1-7.5, R1-10, R1-20, R-12, R-18, R-22, R-30, R-43, OR-15, OR-18, OR-22, OR-30, OR-43, CR-1, CR-2, C-2, C-3, CL, GC and MX districts.
C. Authority.
1. The responsible official shall have the authority to approve, approve with conditions, deny or revoke residential planned unit developments, subject to the provisions of this section.
2. Residential planned unit developments which warrant declaration of environmental significance shall be considered by the hearing examiner in public hearing.
3. Changes in use, expansion or contraction of site area, or alteration of structures or uses classified as planned residential developments, and existing but not approved prior to May 19, 1993, shall conform to all regulations pertaining to planned unit developments.
D. Uses Permitted.
Any use consistent with the zone districts designated for the parcel(s) within the proposed planned unit development boundary may be permitted in planned unit developments. The location of the uses in planned unit developments may vary from underlying zoning; provided, that the total allowed uses (e.g., number of residential uses or area assigned to commercial use) was limited by the maximum allowed on each respectively zoned parcel. Approval shall be by either of the following:
1. The hearing examiner for those development plans which include mixed uses such as commercial-residential or industrial-commercial. The hearing examiner shall approve, approve with conditions, or disapprove the request in a public hearing; or
2. The responsible official for those development plans which are single-purpose in land use type and would not result in an increase greater than twenty percent (20%) in the net density normally allowed within the district.
(Amended: Ord. 2006-11-07)
E. Standards and Requirements.
1. General Requirements.
a. Size of the Planned Unit Development Site.
(1) Except as set forth in Section 40.520.080(E)(1)(a)(2), a tract of land to be developed as a planned unit development shall have a minimum lot area of six (6) acres.
(2) A planned unit development may have a lot size of less than six (6) acres if the responsible official or hearing examiner makes specific findings of fact to support the conclusion that a planned unit development is in the public interest because one (1) or more of the following conditions exist:
(a) An unusual physical or topographic feature of importance to the area as a whole (such as wetlands) exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by the use of a planned unit development;
(b) The property or its neighborhood has an historical character of importance to the community that will be protected by use of a planned unit development;
(c) The property is adjoining a property which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring planned unit development;
(d) Unique or innovative design concepts developed to further specific policies of the comprehensive plan.
b. Building Height. With review and approval of the responsible official or hearing examiner, the height of a proposed building shall comply with the height limitations of the underlying district in which it is proposed to be located, except that a greater height may be allowed in the amount of ten (10) feet of height for each additional fifteen (15) feet of setback from any property line.
c. Common Open Space. No open area may be accepted as common open space within a planned unit development, unless it meets the following requirements:
(1) The location, shape, size and character of the common open space is suitable for the planned unit development;
(2) The common open space is for amenity or recreational purposes; provided, that 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;
(3) Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of preservation, such as wetlands, may be left unimproved. The buildings, structures, and improvements to be permitted in the common open space are those appropriate to the uses which are authorized for the common open space;
(a) Landscaping shall be installed and financial assurance measures provided pursuant to Section 40.320.010(G);
(b) If a planned unit development is phased, the requirements of Section 40.520.080(E)(1)(c)(3)(a) shall be satisfied prior to provisional acceptance of improvements in conformance with conditions of approval for each phase of the development;
(4) Land shown in the final development plan as common open space, the landscaping and/or planting contained therein, shall be permanently maintained by and conveyed to one (1) of the following:
(a) An association of owners shall be formed and continued for the purpose of maintaining the common open space. The association shall be created as an association of owners under the laws of the state and shall adopt and propose articles of incorporation or association and bylaws, and adopt and improve a declaration of covenants and restrictions on the common open space that is acceptable to the Prosecuting Attorney, in providing for the continuing care of the space. 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. No change of use may be considered as a waiver of any covenants limiting the use of common open space areas, and all rights to enhance these covenants against any use permitted are expressly reserved; or
(b) A public agency which agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it.
(Amended: Ord. 2006-05-01)
F. Approval Criteria.
In approving the preliminary development plans, conditionally or otherwise, the hearing examiner or the responsible official shall first make a finding that all of the following conditions exist:
1. That the site of the proposed use is adequate in size and shape to accommodate the proposed use and all setbacks, spaces, walls and fences, parking, loading, landscaping, and other features as required by this title, to ensure that the proposed use is compatible with the neighborhood land uses;
2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed uses. Adequate public utilities are available to serve the proposal;
3. That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof;
4. That the establishment, maintenance, and/or conduct of the use for which the development plan review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development; and
5. That the proposal includes unique or innovative design concepts developed to further specific policies of the comprehensive plan.
G. Procedures.
The provisions of this section shall be applied:
1. By the responsible official upon the finding of the responsible official that said approval will allow the highest and best quality development to be achieved in accordance with the provisions of the comprehensive plan;
2. By the hearing examiner when the application is forwarded to the examiner by the responsible official, or pursuant to Section 40.520.080(D).
3. In granting any planned unit development plan, the hearing examiner may require adequate guarantees of compliance with the final development plan. Such guarantee may be a performance bond or other form of security in an amount sufficient to assure compliance, and may provide that such security be reduced as stages of construction are completed. Alternatively, or in addition to the security, conditions may be imposed requiring other adequate assurances that the structures and improvements will be completed, subject to review and approval as to form by the Prosecuting Attorney; or that the county may, in the event of the applicant’s failure to comply, take the steps necessary to assure compliance, including performing the construction or maintenance itself, and levy a lien for all costs thereof against the property.
H. Pre-Application Submittal Requirements for a Planned Unit Development.
1. A pre-application conference is required for all planned unit development applications. See Chapter 40.510 regarding pre-application review generally.
2. An applicant for a pre-application review of a planned unit development shall comply with the submittal requirements in Section 40.510.050.
I. Application Submittal Requirements for a Planned Unit Development.
An application for a review of a planned unit development shall comply with the submittal requirements in Section 40.510.050.