Chapter 17.18
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
17.18.020 Deviation from development standards.
17.18.070 Dedication of land for park purposes.
17.18.010 Purpose.
The purpose of this chapter is to provide a set of flexible standards for the development of property. Planned unit developments provide the opportunity for flexible design concepts warranting deviation from normal development standards. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.54.010).
17.18.020 Deviation from development standards.
(a) Planned unit developments must be five acres or more for a combination of uses.
(b) The city may approve deviations from certain standards of this code if the proposal better accommodates the physical conditions of the property and represents an equal or superior product than if applicable sections of the code were strictly followed, but there may be no deviation from the street standards contained in Title 12. The city may reduce required walkways if adequate, safe, pedestrian routes are otherwise established.
(c) The residential density of a planned development may not exceed the combined averages of the density allowed by the comprehensive plan and the zoning district in which it is located. An increase in the allowable residential density of not more than ten percent of the combined averages of the comprehensive plan and zoning district may be permitted if the general health, safety, welfare and morals of the public will not be detrimentally affected, and the resulting development will be as good or better than that resulting from the lot-by-lot development permitted by the comprehensive plan and city ordinances.
(d) The development must include adequate provisions for streets, parks, schools, and utilities.
(e) If uses are proposed that do not conform with the comprehensive plan, an amendment shall be required before any approval. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012: Ord. 689 § 1 (part), 1997. Formerly 17.54.040).
17.18.030 Procedure.
(a) Preliminary Sketch. Before formal application, the applicant must prepare a preliminary sketch of the development for city staff review and comment. Two printed copies of the preliminary sketch, in addition to one electronic copy, are to be submitted to the planning department for referral to the other departments. The planning director will advise the applicant of all comments. If necessary, a meeting can be held with city departments and outside agencies for the purpose of gathering additional information.
(b) Application. After review of the conceptual plan, the applicant may file an application. A title report must accompany the application showing all existing interests in the property and the names and addresses of all property owners, as they appear on the tax rolls of the county treasurer, within three hundred feet of the exterior boundaries of the property. If the owner of the property under consideration owns another parcel or parcels of property, which lie adjacent to the property under consideration, notice will be given to owners of such property located within three hundred feet of the boundaries of such property.
(c) Approval. Planned unit developments require a public hearing in accord with Title 16A.
(d) Hearings. All planned unit development public hearings will be held in accord with Title 16A.
(e) Required Information for Residential Developments. The completed application form must be accompanied by the following:
(1) A drawing of the proposed development containing all information required by Title 16;
(2) A written statement indicating all requested deviations from the CMC;
(3) A list of property owners within three hundred feet;
(4) An environmental checklist;
(5) A fee, in accord with the adopted fee schedule as set forth in the city of Connell fee resolution;
(6) Preliminary homeowners’ association charter, bylaws, and any restrictive covenants which must not conflict with this code;
(7) A statement indicating which areas are to be dedicated to the public;
(8) Any other relevant information required by the director; and
(9) A development schedule showing the estimated starting date, probable stages of development, and the estimated completion date.
(f) Required Data for Developments with a Combination of Uses. The completed application form must be accompanied by the following:
(1) Development plans showing the use or uses, with dimensions; and the location of proposed structures and of any areas to be dedicated for streets, parks, playgrounds, schools, school sites; landscaping, and other open space;
(2) Architectural drawings or sketches demonstrating the design and character of the proposed uses and the physical relationship of the elements;
(3) A list of property owners within three hundred feet of the subject property;
(4) An environmental checklist;
(5) A fee, in accord with the adopted fee schedule;
(6) Any other information required by the director; and
(7) A development schedule showing the estimated starting date, probable stages of development and estimated completion date;
(g) Regulations. Development of the property will be limited to the uses set forth in the planned development permit. The regulations and conditions will also be set out in the permit.
(h) Subdivisions. If the planned unit development entails a subdivision of land, preliminary and final plats must be submitted for approval, and substantially conform with the approved planned development. Preliminary plats can be considered concurrently with the planned development application and must comply with Title 16.
(i) Zone Change. Any approved planned development is considered a change of zone and will be indicated on the city zoning maps as “PUD No: ___.” All construction must be in substantial conformance therewith. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012).
17.18.040 Findings.
(a) A planned unit development may be approved only when the following findings are made:
(1) The planned unit development generally conforms to the comprehensive plan and zoning district for use, density, open space, circulation, public facilities, and the standards of development set forth therein;
(2) The planned unit development generally conforms with the zoning district uses;
(3) The planned unit development forms an integrated whole of sufficient unity to justify exceptions to the normal regulations of the CMC;
(4) Whether utility services and other improvements, existing and proposed, are adequate for development;
(5) Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment; and
(6) The residential development will produce a desirable and stable residential environment in harmony with surrounding property; or
(7) The commercial development will have proper traffic circulation and parking and should have no adverse effects upon surrounding property; or
(8) The industrial development conforms with applicable performance standards, railroad or truck access and necessary storage, and should have no adverse effects upon surrounding property.
(b) Conditions may be imposed as deemed necessary to harmonize the development with the surrounding area. Such conditions may include, but are not limited to, additional landscaping, special setbacks and buffers, fences and walls, lighting, and surfacing of parking areas; time restrictions for certain activities; regulations of vehicular access; regulation of noise, vibration, odors, etc.; roads and alleys (if streets are to be private, responsibility for maintenance shall be established); recreational areas in accord with this title and their maintenance; and such other conditions as will make possible development of the city in an orderly and efficient manner in conformity with the CMC. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012).
17.18.050 Action.
Approval of a PUD is a Type VI permit to be processed in a manner consistent with Title 16A. (Ord. 923 § 1 (part), 2012).
17.18.060 Effect of action.
(a) Effective Date. The effective date is the date, after approval, when the applicant has filed a written agreement concurring with the conditions imposed by the reviewing authority for the development. This must be completed within sixty days of approval.
(b) Notification of Applicant. The city administrator or designee will notify the applicant in writing of the action taken and, if approved, issue a permit.
(c) Expiration of Permit. A planned unit development permit expires if a building permit is not issued within the time specified therein. The time may be extended, but any extension of more than one hundred eighty days is subject to the approval of the hearing examiner after a public hearing. In the case of subdivisions, at least one-third of the streets within the development or stage under development must be excavated to subgrade, within one hundred eighty days of the issuance of the permit or it expires. The time may be extended, but any extension of more than one hundred eighty days is subject to the approval of the hearing examiner after a public hearing. The project must be completed within the time specified in the permit or the permit will be revoked in the manner it was approved unless the council finds that the development is proceeding in a reasonable manner in which case the council may grant reasonable extensions. Phases of a development will be treated as individual permits.
(d) Cessation of work or abandonment thereof for a period of twelve months is grounds for revocation. The applicant may be required to complete certain construction deemed necessary to protect property owners within and surrounding the development from adverse effects.
(e) Recording Notice. Before commencing construction, the permittee must record with the Franklin County auditor a description of the property indicating that it is subject to a planned unit development permit.
(f) Amendment. The permit may be amended in the same manner as approval of the original permit. The planning director may approve minor amendments which are in harmony with the original permit or clarify any ambiguities.
(g) Termination. Termination of all or part of a permit is the same procedure as approval upon written request by the developer. Termination will include conditions which are necessary to protect property owners within and surrounding the development from any adverse effects. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012).
17.18.070 Dedication of land for park purposes.
Dedication of park land or fees in lieu thereof may be required in accord with Title 16. (Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 923 § 1 (part), 2012).