Chapter 17.270
PLANNED UNIT DEVELOPMENT

Sections:

17.270.010    General.

17.270.020    Permits required and initiation.

17.270.030    Preapplication.

17.270.040    Application.

17.270.050    Property development requirements.

17.270.060    Fees.

17.270.070    Requirements for improvements.

17.270.080    Filing.

17.270.010 General.

The planned unit development process is established to encourage the development of single tracts of land as one project. Deviation from specific site standards is allowable as long as the general purposes for the standards are achieved as the general intentions of this title are observed. This overall planned approach is appropriate if it maintains compatibility with surrounding areas and creates an attractive, healthful, efficient, and stable environment. It is the intent of the planned unit development to:

(1) Achieve a more efficient utilization of land through shared facilities and services, thereby economizing on development costs.

(2) Afford innovative design opportunities rather than the conventional lot-and-block land use so that a developer gains freedom in the placement and uses of buildings and open space, and in the design of facilities and traffic circulation systems.

(3) Maximize development potential of building sites constrained by special features such as topography, shape, or size while minimizing the potential for hazardous conditions. [Ord. 93 § 4.6.1, 1987].

17.270.020 Permits required and initiation.

When required, the right to proceed with a planned unit development shall be determined through the conditional use permit process. Development design of the site shall be reviewed through site plan and architectural review. However, depending upon the marketing of the land, this review may be replaced by subdivision or major partitioning procedures. Substantial design changes in approved plans shall be approved under the same procedure.

Application for these permits can be initiated by the property owner or authorized representative. [Ord. 93 § 4.6.2, 1987].

17.270.030 Preapplication.

The applicant shall submit to the public works and development department a sketch plan and discuss the proposed development in relation to:

(1) City comprehensive plan.

(2) State law requirements.

(3) Land development ordinance and other city policies.

(4) Special problems associated with the land or proposed development.

(5) General design of all streets and utilities, particularly affecting on-site and adjacent property development.

Changes or modifications in the sketch plan shall be discussed by city staff and other appropriate agencies to provide all parties an understanding of the full scope of the proposed development. [Ord. 93 § 4.6.3, 1987].

17.270.040 Application.

Application requirements are specified under Chapter 17.345 CBMC, Site Plan and Architectural Review, and/or Chapter 17.335 CBMC, Land Division – Partition II and Subdivision. [Ord. 93 § 4.6.4, 1987].

17.270.050 Property development requirements.

(1) Minimum Area. A planned unit development shall require a minimum gross area of two acres.

(2) Permitted Uses. Any uses permitted or conditional in any residential zone of the city may be permitted in the residential planned unit development as a part of the conditional use process, regardless of the underlying zoning district. Within commercial or industrial districts, the conditional and permitted uses of the underlying district shall be permitted.

(3) Density. The overall density permitted by the underlying zoning district shall govern the density of the development. However, an increase in overall density may be approved if the applicant satisfactorily demonstrates distinctiveness and excellence in siting or design, or provides specific property development improvements that surpass ordinary requirements of this title.

(4) Access and Roads.

(a) There shall be vehicular and pedestrian access to the development from a dedicated and improved street.

(b) Private streets within the development shall be paved according to the following minimum standards:

(i) Eighteen feet where no on-site parking is allowed.

(ii) Twenty-eight feet where on-street parking is allowed only on one side of the right-of-way.

(iii) Thirty-six feet where parking is permitted on both sides of the right-of-way.

(iv) All private streets within a planned unit development shall be designed and constructed to city standards.

(v) An additional three feet on each side of pavement shall be designated as right-of-way area in which no construction shall take place.

(vi) All streets within the planned unit development shall be named as approved by the commission. The owner or operator of the development shall furnish, install, and maintain street signs of a type approved by the commission.

(5) Services.

(a) Fire Protection. On-site fire protection facilities shall be provided in accordance with current regulations and requirements of the city pertaining to such development.

(b) Lighting. All roads within the planned unit development shall be lighted at night to provide a minimum of 0.35 foot-candles of illumination.

(6) Recreational Areas and/or Open Space (Residential Only).

(a) Minimum Area. Not less than 40 percent of the total gross area shall be so designated. Any area designated as recreational and/or open space shall contain a minimum area of 3,000 square feet with a minimum dimension of 30 feet.

(b) Plan. The plan shall contain the following:

(i) The boundaries of the proposed area.

(ii) A written explanation of the purpose of the area and a description of any improvements to be made.

(iii) A description of the manner in which the area will be perpetuated, maintained, and administered.

(c) Guarantee. The preservation and continued maintenance of property commonly owned and/or held for common use shall be guaranteed by a restrictive covenant running with the land specifying the description of the area, its designated purpose(s), and maintenance assurances. Copies of these legal documents shall be filed with the public works and development department before occupancy of any dwelling.

(7) Off-Street Parking and Loading. The provisions of Chapter 17.200 CBMC shall apply.

(8) Signs. The provisions of Chapter 17.230 CBMC shall apply. [Ord. 93 § 4.6.5, 1987].

17.270.060 Fees.

(1) Site plan and architectural review or plat filing fee.

(2) Plan Check Fee. As part of the site plan or plat review, the construction plans and specifications shall be submitted for review. At this time the applicant shall pay a plan check fee established and set by resolution of the city council. If these plans must be corrected and then rechecked, the applicant shall also pay any additional actual costs incurred.

(3) Inspection Fee. The fee for the city’s ongoing inspection of street and utility improvements shall be established by resolution of the city council. This fee shall be advanced by the applicant prior to the issuance of any construction permit. Additional inspection costs incurred by the city exceeding the initial cash advance established by resolution shall be based upon actual costs and shall be paid before the city formally accepts the public improvements. Any portion of the cash advance not expended shall be refunded to the applicant after staff determines inspection is complete. The estimate of the cost of the required improvements will not be negotiable; a substantial difference of opinion may be submitted to the city council for review.

(4) Bond, Cash, or Security Deposit for Public Improvements. A surety or performance bond, cash, or negotiable security deposit approved by the council shall be filed for the public improvements in the amount established by resolution of the city council. The deposit or bond shall be paid prior to the issuance of any permits by the city. Terms of the bond or deposit are discussed further in CBMC 17.270.070(3). The estimate of the cost of the required improvements will not be negotiable; a substantial difference of opinion may be submitted to the city council for final determination. [Ord. 93 § 4.6.6, 1987].

17.270.070 Requirements for improvements.

(1) Construction Plans and Specifications. As part of the site plan or plat review, the applicant shall submit to the public works and development department construction plans, profiles, and cross-section drawings, and specifications for the required utilities and streets, accompanied by a plan check fee. These plans will be reviewed, and the applicant will be notified in writing of compliance with city requirements or of any necessary modifications. The final drawings and specifications shall be permanently filed with the department.

A copy of water system plans shall be submitted to public works by the applicant.

(2) Contract for Improvements. Within 48 months of approval of site plan or plat review and of the improvement plans and specifications, but prior to the issuance of any construction permits, the applicant shall be required to enter into an agreement to construct and/or improve facilities to serve the development. Prior to the issuance of any construction permits, the applicant will submit the inspection fee and also post a performance bond, cash, or security deposit guaranteeing the completion of the contracted provisions. All contracted improvements shall be completed within 24 months after the bond or surety is posted. If the applicant is unable to complete the improvements within two years with good cause, a one-year extension may be granted by the public works and development department. Further extensions must be approved by the planning commission.

(3) Bond and/or Surety, Cash or Security Deposit Provisions. The assurances for completion of improvements shall be filed with the city recorder in the nonnegotiable amount established by resolution of the city council. The bond or deposit shall:

(a) Name the city as obligee.

(b) Be in a form approved by the city attorney.

(c) Be conditioned upon the final approval and acceptance of the development.

(d) Provide full warranty for the improvements for a minimum of two years from the date of final acceptance by the city.

(e) Be forfeited to the city if the applicant does not complete the requirements within the agreed-upon time limit, or if the applicant has created a hazard causing imminent danger to the public health and safety within or adjacent to the development which the developer fails to correct.

(f) Cover any costs, attorneys’ fees, and liquidated damages resulting from delay or failure to meet the deadline.

(4) Construction. Construction of improvements may begin in accordance with the agreement. During this phase of development, the applicant shall be required to prepare record drawings of all improvements. Special attention shall be given to underground utilities.

(5) Acceptance of Improvements. Upon completion of the improvements, the applicant shall submit record drawings to the public works and development department of the street and sanitary/storm sewer plan profiles. [Ord. 93 § 4.6.7, 1987].

17.270.080 Filing.

An original or exact copy of the plan of the development shall be filed within seven days of the commission approval with the public works and development department. The staff shall indicate acceptance of the map and shall keep and maintain it as a permanent record. [Ord. 93 § 4.6.8, 1987].