Chapter 17.121


17.121.010    Purpose.

17.121.020    Definitions.

17.121.200    Procedure for filing a planned development.

17.121.210    Required information.

17.121.220    Satisfactory evidence.

17.121.230    Density.

17.121.240    Planned development streets and roadways.

17.121.250    Additional requirements.

Prior legislation: Ordinance 516.

17.121.010 Purpose.

It is the purpose of this chapter to provide a means whereby larger parcels of ground may be subdivided into residential lots with more latitude as regards site development, common areas, private streets and walkways, and open space than is possible through traditional subdivision regulations while maintaining residential densities consistent with the applicable zone; to establish standards and controls necessary to assure the community of a functional and compatible development; and to provide within residential zones the development of residential areas with increased amenities. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.010.]

17.121.020 Definitions.

The following terms are defined for the purposes of this chapter and do not apply otherwise to this title.

A. “Planned development” means a subdivision of land, incorporating common open spaces with each dwelling or mobile home placed on its own lot.

B. “Homeowners’ association” is an organization formed for the maintenance and operation of the open space and common areas of the planned development. The membership in the association must be automatic with the purchase of a lot or other property in the planned development. The association shall collect an assessment levied against each lot or other property which assessment shall be the principal source of funds to maintain open space and common areas, roadways, utilities and facilities. Assessments shall be enforceable as a lien against the private lots and open space.

C. “Open space” means a common area designated on the final plans of the planned development, permanently set aside for the common use of the members of the homeowners’ association, which open area may be landscaped and/or left with a natural tree cover, and in which area no roadways, streets, or parking areas are located.

D. “Open space lot” is a lot which abuts upon an open space for a distance of 10 feet or more.

E. “Roadway” is any vehicular way to property in the planned development that is located on lands owned by the homeowners’ association and does not exit the development at another location. Roadways are to serve specific property in the planned development only, not through traffic, and need be constructed only wide enough to adequately perform this function. Roadways include “T” turn-grounds, cul-de-sacs, circles, loops and other roadways not functioning as a through roadway.

F. “Streets” means roads permitting traffic to move in one side of the development and out of another, dedicated as a public street and developed to the applicable county street standard.

G. “Walkway” means a pedestrian pathway within a planned development for residents and guests. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.020.]

17.121.200 Procedure for filing a planned development.

The procedural requirements set forth in MCC 17.172.680 through 17.172.940 shall govern the consideration of a planned development. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.200.]

17.121.210 Required information.

In addition to the information required in a detailed subdivision plan the request for a planned development shall include:

A. The location of all streets, roadways, sidewalks and walkways, their widths and the nature of their improvement.

B. The location, layout, and the surfacing of all off-street parking areas.

C. The individual lot lines of each parcel that is to be created for separate ownership.

D. The location of easements for the water lines, fire hydrants, sewer and storm lines, and the location of the electric, gas, and telephone lines, television cable, and the lighting plans.

E. The common areas and open spaces and the particular uses which were intended for them.

F. The areas proposed to be conveyed, dedicated, reserved, or used for parks, scenic-ways, playgrounds, schools, public buildings, and similarly public and semi-public uses and whether such areas are to be public or private.

G. The location of each existing or proposed structure, its intended use, and the number of dwelling units in each residential building, except single-family detached dwellings and mobile homes.

H. The phases in which the project will be built, the approximate date when construction of each phase will begin, and the type and location of common areas, facilities and open space that will be provided at each phase. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.210.]

17.121.220 Satisfactory evidence.

As a condition to granting approval for the final plat, satisfactory evidence shall be submitted that the roadways, parking areas and sidewalk improvements, and improvements in common areas will be placed. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.220.]

17.121.230 Density.

The density of the planned development shall not exceed the density of the zone in which it is to be located. The density shall be computed by dividing the total acreage by the number of dwelling units. The total acreage shall be that area contained in the ownership at the time of the filing of the planned development application. Each lot must comply with the minimum lot size of the zone. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.230.]

17.121.240 Planned development streets and roadways.

Any street bordering or within a planned development shall have public right-of-way and improvements consistent with adopted Marion County department of public works’ standards and upon approval of the board be accepted into the county road system. Plans for all streets shall be submitted for review and approval by the department of public works. Along streets the vision clearance requirements of MCC 17.110.770, including intersections with roadways, shall apply. Roadways shall be improved to the following standards:

A. Roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street the minimum width shall be increased by seven feet for each side of the street on which parking is to be allowed. Parking shall be parallel.

B. Roadways shall be paved with portland cement concrete or asphalt concrete and designed and constructed to adequately support traffic loads and provide adequate drainage.

C. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius or as required by the local fire district. Shorter dead-end roadways shall have a turnaround area. No dead-end roadways shall exceed 500 feet in length.

D. Concrete curbs shall be provided.

E. The roadway system shall have direct connection to a paved street. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.240.]

17.121.250 Additional requirements.

A. Street Names and Addresses. Each street and roadway shall be named and each dwelling and other building shall be numbered as provided in Chapter 11.55 MCC, Naming and Addressing Roads/Property.

B. Accessory Structure Setbacks. An accessory structure shall not be located closer than five feet from any dwelling or other accessory buildings on an adjacent lot, except that a double carport or garage may be built that serves two adjacent dwellings. Accessory buildings shall be set back at least 10 feet from the boundary of the planned development.

C. Dwelling Setbacks from Roadways. Dwellings shall be set back a minimum distance of eight feet from any adjacent roadway, and five feet from any adjacent sidewalk; provided, that a vision clearance area shall be maintained as provided in MCC 17.110.770.

D. Dwelling Setbacks from Streets. A dwelling and any structure in the development other than a sign or fence shall be at least 20 feet from a street right-of-way.

E. Storm Drainage. All lots shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the development all volumes of water generated upstream and on the site. Where streets and associated public drainage facilities will be constructed or where connections will be made to existing public drainage facilities, all design and construction shall conform to Department of Public Works’ Engineering Standards. On-site detention facilities may be required.

F. Recreational Vehicles. Planned developments may accommodate only mobile homes and dwellings. Recreational vehicles are not allowed except for storage in a designated storage area. A recreational vehicle shall not remain overnight in a planned development unless it is parked in a designated recreational vehicle storage area.

G. Building Height, Location, and Lot Coverage. Except as modified by this chapter, all structures within a planned development shall comply with all provisions of the zone in which the development is located as to height, location, and lot coverage.

H. Driveways. Each lot within the development shall have direct access to a roadway or to a public street which the development abuts on both sides. The driveway shall be an unobstructed area, not less than 10 feet in width, and shall be paved and well drained.

I. Fire Hydrants. Fire hydrants, if required, shall be provided within the roadway and on public streets in the development in conformance with the design and capacity requirements of the fire district.

J. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the development and stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the development environment.

K. Walkways. Provisions shall be made for hard-surfaced, well-drained walkways, not less than 30 inches in width, from each dwelling to open space, common areas, retail services, and to a street or roadway. If the walkway is adjacent to the street or roadway the curb may be included in meeting the width requirements. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.250.]