Chapter 17.38
PLANNED UNIT DEVELOPMENT
Sections:
17.38.040 Permitted modifications.
17.38.060 Required open space and recreation facilities.
17.38.090 Project description.
17.38.100 Phased developments.
17.38.110 Required certificates and approvals.
17.38.140 Association documents.
17.38.010 Definitions.
A “planned unit development” is an alternate form of subdivision and development regulation to provide a more flexible method of developing land. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.020 Purposes.
The purpose of this chapter includes, but is not limited to, the following:
A. To allow for creative development equal to or superior to traditional lot-by-lot development;
B. To preserve open space, natural vegetation, watercourses, wetlands, historic buildings and places, and other community values;
C. To provide more efficient street and utility systems by clustering buildings;
D. To provide for a variety of housing types in one development with architectural design compatibility;
E. To provide integrated landscape development;
F. To provide for the integration of new development into the existing community while protecting and preserving the values of the surrounding neighborhood; and
G. To provide for the site planning and regulation of nonresidential sites not requiring a subdivision for development. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.030 Minimum size.
Planned unit developments may be located on lots of one acre or greater; however, the applicant must demonstrate the preservation of a significant natural feature (examples: wetlands, creeks, and steep slopes) or amenity by the use of the planned unit development process. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.040 Permitted modifications.
All zoning and subdivision requirements may be modified in a planned unit development in the interest of the expressed purposes above except:
A. Permitted uses;
B. Street setbacks on exterior streets in residential zones;
C. Surveying standards; and
D. Engineering design and construction standards of public improvements but not including street rights-of-way. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.050 Permitted density.
The number of dwelling units permitted in a planned unit development may be 120 percent of the permitted density of the zone district in which it is located. The permitted density shall be computed as follows:
A. Determine the gross development area. Subtract from the gross area all unbuildable land, publicly owned land, and commercial or industrial land area;
B. Determine the net development area. Subtract from the gross development area the actual percentage of gross development area devoted to the street system up to a maximum of 20 percent of the gross development area;
C. Divide the net development area by the minimum lot size of the zone district or multiply by the number of multifamily dwelling units per acre permitted in multifamily zone districts; and
D. Multiply the resulting number of units by 1.20, rounding to the lowest integer. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.060 Required open space and recreation facilities.
In planned unit developments, 20 percent of the net development area shall be established as open space and planned unit development community recreation facilities. Upon approval of the hearing examiner up to five percent of the unbuildable land (i.e., stormwater ponding areas, steep slopes, etc.) may be considered for inclusion in the required open space land upon a showing that such lands can and will be used for a specified recreational purpose. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.070 Multiple zones.
If a planned unit development is proposed within two or more zones, the maximum number of dwelling units will be the total allowed in each zone combined. The permitted land uses of the more restrictive zone shall apply to the entire planned unit development. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.090 Project description.
A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of planned developments, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the planned unit development shall be submitted with the site plan. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.100 Phased developments.
If a planned unit development is planned to be completed in more than two years from the date of preliminary plat approval, the planned unit development will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur. The preliminary plat for each phase shall be approved separately. Each division of development in a multiphase planned unit development shall meet all the requirements of a planned unit development independently. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.110 Required certificates and approvals.
The binding site plan shall include all the required certificates of final plat. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.120 Recording required.
A binding site plan of a planned unit development and accompanying documents, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval shall be recorded by the Douglas County auditor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.130 Expiration.
Approval of a site plan expires unless recorded by the county auditor within two years from the date of approval. An applicant who files a written request with the town clerk/treasurer within 30 days of the expiration date shall be granted a one-year extension upon a showing of a good faith effort to file the site plan. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.135 Lot clustering.
On parcels over two acres, a density bonus of 25 percent is allowed in conjunction with lot clustering, subject to the following: 40 percent or more of the net area after deduction of streets and any other rights-of-way of the site is reserved for permanent open space. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).
17.38.140 Association documents.
An outline of the documents of the owners’ association, by-laws, deeds, covenants and agreement governing ownership, maintenance and operation of the planned unit development shall be submitted with the binding site plan. Planned unit development covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The town may require that it be a third-party beneficiary of certain covenants with the right but not obligation to enforce the same. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).