Chapter 17.34
PLANNED UNIT DEVELOPMENT

Sections:

17.34.010    Intent.

17.34.020    Definitions.

17.34.030    Permitted uses.

17.34.040    Application requirements.

17.34.050    Legal requirements.

17.34.060    Standards of development.

17.34.070    Approval.

17.34.010 Intent.

The intent of the planned unit development (PUD) chapter is to encourage better land use development by relaxing the strict mechanical regulations of this title and providing a method and standards whereby structures and uses can be designed and developed as a unit instead of the traditional lot-by-lot method; yet carrying out the intended purpose of this title. (Ord. 93 §1(17.1), 1982)

17.34.020 Definitions.

For the purpose of this chapter, definitions in Chapter 17.04 of this title shall apply except for the following terms:

A.    "Plan" means the provisions for the development of a planned unit development including, but not limited to, the following:

1.    Any proposed land subdivision;

2.    Proposed location and use of a lot or structure;

3.    Design of all structures;

4.    Density of development;

5.    Development and location of streets and utilities;

6.    Legal documents pertaining to the development.

B.    "Common open space" means a parcel or parcels of land, or an area of water, or a combination of land and water within a planned unit development designated and intended for the use or enjoyment of residents of the development. Common open spaces may contain complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants of the development.

C.    "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which:

1.    Each lot owner in the planned unit development is automatically a member,

2.    Each lot is automatically subject to a charge for a proportionate share of the expenses for the organizations’ activities, and

3.    Common open space and facilities are maintained. D. "Site" means the entire area within the perimeter boundary of a proposed planned unit development. (Ord. 93 §1 (17.2), 1982)

17.34.030 Permitted uses.

A.    Permitted uses in the PUD are uses allowed in the particular district of the proposed development if integrated into the plan and development.

B.    The town council may allow commercial and industrial uses in residential PUD’s and residential uses in commercial and industrial PUD’s providing:

1.    That the mixing of uses is done in such a manner as to have no detrimental effect on existing and future uses of the area;

2.    That no commercial or industrial use is permitted in the town expansion area provided through trade with the United States Forest Service. (Ord. 93 §1(17.3), 1982)

17.34.040 Application requirements.

A conditional use permit application for a planned unit development shall include a plan of development with the following information:

A.    A sketch of the proposed site showing existing physical features, i.e., topography, vegetation, streams, structures, streets, utility lines, etc.;

B.    General information and plans of utility systems;

C.    Legal description and plat of proposed site;

D.    Notation of acreage within the proposed site, numbers of lots, typical lot size, proposed uses of lots, sites for parks and recreation or other public and quasi-public uses;

E.    Existing zoning of the proposed site and surrounding area;

F.    Names, location, and tentative finished grades of all proposed streets;

G.    Location and design of all proposed structures (should include distances from streets and property lines and between structures);

H.    Location and number of proposed parking spaces;

I.    Copies of all covenants and legal instruments pertaining to operation of the planned unit development. (Ord. 93 §1(17.4), 1982)

17.34.050 Legal requirements.

A.    In a planned unit development containing areas or facilities of common or restricted ownership, the subdivision plat, dedication, covenants, and other recorded legal agreements shall:

1.    Legally create automatic membership in a nonprofit homes association or similar instrument;

2.    Place title to any common property or facility in the homes association;

3.    Appropriately and permanently limit the uses of common property and open space;

4.    Give each lot or unit owner the right to use and enjoyment of any common property or facility;

5.    Place responsibility for operation and maintenance of the common property in the homes association;

6.    Place an association charge on each lot or unit in a manner which will:

a.    Assume sufficient funds for maintenance and operation, such charge to be a lien on the property,

b.    Provide adequate safeguards for owners against undesirably high charges.

B.    Where any of the above are not applicable or suitable, the applicant may suggest alternative solutions. (Ord. 93 §1(17.5), 1982)

17.34.060 Standards of development.

All planned unit developments shall meet or exceed the following standards of development:

A.    Site. Planned unit development sites shall not be exposed to adverse elements, i.e., smoke, dust, noise, etc., which might create damage to property or bring harm to occupants.

B.    Site Size. Site size for planned unit developments shall be appropriate to the proposed area and design but shall not be less than two acres (except B-3 district—fifteen thousand square feet minimum).

C.    Density.

1.    Density for residential planned unit developments shall be as follows:

a.    R-1, five units per acre;

b.    R-2, seven units per acre;

c.    R-3, sixteen units per acre;

d.    R-4, twenty units per acre;

e.    R-MH, eight units per acre;

f.    B-3, twenty units per acre.

2.    In computing residential density, areas of commercial or industrial activities shall be subtracted before density is computed.

3.    Where twenty percent of the proposed site is designated as common open space or where a swimming pool or club house is provided, a fifteen percent increase in density may be allowed.

D.    Setback. Minimum setback from perimeter boundary of the site shall be twenty-five feet, except in B-3 district where normal setbacks shall apply.

E.    Off-Street Parking. Off-street parking shall be provided in convenient locations and in accordance with Chapter 17.42 of this title.

F.    Off-Street Loading. Off-street loading shall be provided in accordance with Chapter 17.44 of this title.

G.    Open Space. Not less than fifteen percent of the planned unit development site shall be designated and maintained as common open space for the use of the occupants of the development.

H.    Utilities. Utilities shall be provided in a manner to meet town specifications.

I.    Landscaping. Landscaping may be required to provide a buffer between proposed uses or between different adjacent district classifications.

J.    Structure Design. Structure design should be compatible with surrounding uses and proposed uses within the planned unit development utilizing harmonious variations in materials, textures, and colors providing each unit with adequate light, air, and protection from adverse effects. (Ord. 93 §1(17.6), 1982)

17.34.070 Approval.

A.    Approval of a planned unit development shall be obtained through conditional use permit procedures as specified in Chapter 17.32 of this title and by following the adopted subdivision regulations.

B.    When the town council gives approval of a planned unit development, permits shall be issued only in accordance with the approved plan and stipulated conditions. (Ord. 93 §1 (17.7), 1982)