Chapter 19.115


19.115.010    Purpose and intent.

19.115.020    Planned unit development.

19.115.030    Final site plan.

19.115.040    General development standards.

19.115.050    Specific development standards.

19.115.010 Purpose and intent.

A. This section establishes the procedure and criteria that the City will use in making a decision upon application for a planned unit development, which is permitted in any zoning district.

B. A planned unit development (PUD) is intended to:

1. Promote the efficient use of land by facilitating a flexible arrangement of buildings, circulation systems, land uses, and utilities;

2. Preserve to the greatest extent possible the existing land forms and vegetation and minimize adverse effect on sensitive environmental areas;

3. Encourage the combination and coordination of compatible architectural styles, building forms, and building relationships within the planned area;

4. Lessen development impacts on adjacent areas through site design and necessary mitigating measures;

5. Preserve the character and integrity of surrounding areas which have been or are being developed under traditional zoning district regulations;

6. Provide the applicant with basic guidelines and criteria to facilitate the processing of their PUD application;

7. Provide City officials with assurances that the project will retain the character proposed at the time of approval;

8. Allow the general public greater opportunity to participate in the development process; and

9. Conform to the land use policies of the City and established in the Comprehensive Plan. (Ord. 2074 § 6.1, 1995).

19.115.020 Planned unit development.

The following regulations apply to preliminary and final PUD proposals.

A. Application. The property owner, or his/her assignee, may apply for a PUD using an application form approved by the Planning Department. The Planning Department or their designee shall have the authority to approve or deny requests for concurrent review of both preliminary and final PUD plans.

B. Project Phasing. If the applicant proposes to develop the PUD in phases, then a phasing schedule and plan shall be submitted at the preliminary plan stage. At the time of preliminary plan review by the Planning Commission, the appropriate share of any required off-site utility connections, streets, or other improvements to be constructed shall be determined for each proposed phase of the PUD. The phasing plan is subject to review and approval by the City Council as part of their consideration following their open record public hearing.

C. Distribution and Staff Review. Upon acceptance of a complete application, the Department shall forward copies of the application to the affected municipal departments. Each municipal department or agency may submit to the Planning Department recommendations and comments regarding the preliminary PUD proposal. The Department shall coordinate and assemble the reviews of other departments and agencies and prepare a report prior to the scheduled hearing. Copies of the report shall be made available to the applicant and the public and forwarded to the Planning Commission and City Council for their review.

D. Public Hearing. Notice of a public hearing shall be prepared and issued by the Planning Department pursuant to MTMC 18.05.120.

The Planning Commission shall consider preliminary and final PUD applications at a regular public meeting and file a report recommending City Council approval, denial, or approval with conditions. The City Council shall hold an open record public hearing before consideration of the proposal. The City Council shall approve, approve with recommendations, or deny the proposal.

E. Conditions. When considering a PUD application request, the Commission and the Council shall consider the applicable standards, criteria, and policies established by this and other City ordinances and the Comprehensive Plan. Specific conditions of approval may be imposed in order to mitigate potential adverse impacts associated with the project or further the City’s land use policies established in the Comprehensive Plan or reinforce other applicable ordinance and code standards.

F. Criteria for Review and Findings of Fact. The Planning Commission may recommend to the City Council approval of a PUD application only if the request conforms to all the following criteria. The Planning Commission must enter findings and conclusions for the record which support their recommendations. The City Council may approve a PUD application only if the request conforms to all the following criteria. The Council shall adopt findings and conclusions for the record that support their decision:

1. The proposed development would be of superior design and construction than what would normally occur under the regular zoning regulations;

2. The proposal does not create a burden on the present planned or projected capacity of public facilities, services, or roads as compared to that which would be associated with conventional development of the underlying zone. This standard may be met if the applicant pays the proportional cost of any needed additional facilities;

3. The proposed uses are permitted by the underlying zone district of the property;

4. The proposal is in accordance with the goals and policies of the Comprehensive Plan;

5. The proposal will not be materially detrimental to the immediate vicinity or the community;

6. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity;

7. The conditions imposed mitigate any potential significant impacts associated with the proposal; and

8. The proposal meets the requirements set forth in MTMC 19.115.040 and 19.115.050 (General and Specific Standards). (Ord. 2116, 1996; Ord. 2074 § 6.2, 1995).

19.115.030 Final site plan.

A. A final site plan submitted for review and consideration shall include all information as required on forms furnished by the Planning Department with any revisions, refinements, or changes as required in the conditions of approval for the PUD.

B. Open Space Guarantee. In addition to the final development plan(s), the applicant shall submit a legal instrument guaranteeing:

1. The retention of any designated open space; and

2. The permanent maintenance of designated open space and commonly owned facilities in accordance with the provisions of this chapter.

C. Minor Changes. Planning Department staff may approve minor modifications to an approved final development plan if the proposed changes comply with the following criteria:

1. The change is necessary because of natural features of the subject property not foreseen by the applicant or the City prior to the approval of the preliminary or final development plan;

2. The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking;

3. The change will not have the effect of increasing the density or significantly increasing the total amount of floor area of the PUD;

4. The change will not result in any structure, circulation, or parking area being moved significantly in any direction;

5. The change will not reduce any setback approved as part of the final development plan by more than 10 percent;

6. The change will not result in an increase in the height of any structure as approved in the preliminary development plan; and

7. The change will not increase or create any adverse impacts or undesirable effects of the PUD on the surrounding neighborhood.

D. Major Changes.

1. A proposed change which does not meet the requirements of subsection C of this section is considered a major change.

2. Projects with approved final development plans that propose major changes will be treated as a new application request and shall be processed in accordance with MTMC 19.115.020.

E. Time Limits. Permits necessary to establish or construct the proposed project shall be applied for within two years of the effective date of the final site plan approval, provided the City Council or other City regulations do not impose a shorter time limit. Final development plan approvals shall be deemed automatically null and void if applica-

tions for the necessary permits are not received by the City within that period of time.

F. Time Extensions. Time extensions for PUD final development plans may be requested by the applicant prior to expiration of the two-year period following final approval. Such requests shall be in writing and state specific reasons for the request. Time extensions may be granted by the City Council subject to the project complying with current regulations and ordinances and any updated mitigation measures. Such extensions shall be for a maximum of one year.

G. Zoning Map Designation. Upon approval of the final PUD, the City shall amend the Official Zoning Map to indicate that both the underlying base zoning designation and an approved PUD apply to the subject property. If the final PUD approval expires, the PUD designation shall be removed, and the underlying base zoning designation shall apply.

H. Conformance with Final Plan. Development of property for which a PUD has been approved must:

1. Be consistent with the final development plan for the PUD; or

2. Be consistent with any approved amendment to the final development plan.

3. To add any type of wireless communication facility, a request to add such a feature shall be made to the Public Works Director for planning and engineering review and to the owner or homeowner’s association. Hearing Examiner review may be required.

No permits shall be approved or certificates of occupancy granted for PUD projects that do not conform to the approved final plan or do not have the necessary performance guarantees in place.

I. Real Property Restrictions. All the land within the PUD shall be subject to such contractual agreements or recorded covenants as the City Council may deem necessary to protect the public interest. (Ord. 2481 § 49, 2008; Ord. 2174 § 4, 1997; Ord. 2074 § 6.3, 1995).

19.115.040 General development standards.

A PUD may be approved if it is found that the development conforms to the following standards:

A. The proposed uses are permitted in accordance with the underlying zone district in Chapter 19.20 through 19.105 MTMC (Land Use Regulations);

B. The proposed uses of the PUD shall be consistent with the regulations of this title, City Comprehensive Plan, and with other applicable plans and ordinances adopted by the City;

C. The project shall be compatible with the existing or planned land use of abutting properties. Compatibility includes, but is not limited to, size, scale, mass, and architectural design;

D. PUD projects that include 10 or more multiple-household residential units shall provide recreation facilities in conformance with MTMC 19.35.070(G);

E. Open space shall be an integrated part of the project, not isolated and apart therefrom, irrespective of ownership or partition of such open space;

F. Proposed conditions, covenants, and restrictions, including the means of maintenance of any common open space, shall be required as part of the application and shall be reviewed by the Planning Commission as to the adequacy of such open space provisions;

G. The development will be adequately served by existing or planned facilities and services;

H. The development plan shall make adequate and appropriate provision for the preservation of the environment, both natural and manmade;

I. The PUD accomplishes, by the use of permitted flexibility and variation in design, a development that is better than that resulting from traditional development. Net benefit to the City may be demonstrated by one or more of the following:

1. Placement, type, or reduced bulk of structures;

2. Interconnected usable open space;

3. Recreation facilities;

4. Other public facilities;

5. Conservation of natural features;

6. Aesthetic features and harmonious design; or

7. Energy-efficient site design or building features.

J. If developed in phases, each phase must contain all site improvements necessary to provide a complete and functional segment of the total project. All recreation facilities and open space requirements must be met during the first phase of development unless an alternative phasing plan for these elements is approved by the City Council. (Amended by City request, 1/11; Ord. 2074 § 6.4, 1995).

19.115.050 Specific development standards.

All PUDs shall comply with the following standards. These standards are intended to provide guidance and predictability to all participants in the PUD process.

A. Parcel Size. An area not less than one gross acre in size may be considered for a PUD. The Planning Commission may accept parcels less than one gross acre; provided, that there is evidence submitted by the applicant that either:

1. The site has some natural or aesthetic features which would likely be destroyed if traditional development techniques were employed; or

2. The subject site is located in an area in need of rehabilitation and the assembling of additional land is not possible.

B. Architectural Theme. The structural elements of each PUD, including accessory structures such as signs and lighting, shall be integrated into a primary architectural theme, including the shrouding of metal zero clearance fireplaces and/or stove stacks.

C. Setbacks and Perimeter.

1. Minimum building setbacks from property lines of a PUD shall be similar to those required in the underlying zoning district but may be varied. Where the scale of a PUD is greater than that of the adjacent property, the City may require greater building setbacks in order to insure the health, safety, and welfare of the inhabitants of adjacent property.

2. Buildings shall be sited in a manner that will avoid a corridor or barracks-like effect.

D. Height. Building heights in a PUD may be varied from the underlying zoning district(s). However, building heights shall be compatible with the scale of the surrounding neighborhood so as not to decrease privacy, impair scenic views, or adversely affect the balance of light and shadow on adjacent properties.

E. Multiple-Household Residential Development. Multiple-household residential projects shall incorporate creative architectural designs, coordinated colors and facade details in order to avoid an institutional or barracks-like appearance.

F. Open Space.

1. There shall be a minimum of 15 percent of the total area of a PUD dedicated as common open space. The open space area shall be accessible to all owners or tenants of the development except in the case of a sensitive environmental resource where limited access is considered important for enhancement or preservation purposes. Open space shall be provided for active or passive recreational activities and for the preservation of existing natural site amenities whenever possible.

a. Open space shall not include:

i. Streets, alleys, and other rights-of-way;

ii. Vehicular drives, parking, loading, and storage areas;

iii. Required landscape buffers along property lines and landscaping for parking;

iv. Perimeter setback areas of the PUD project, except portions in excess of the minimum setback requirement of the underlying zone district;

v. Stormwater detention ponds.

b. Open space may include:

i. Stormwater LID elements which meet the accessibility, usability, and interconnectedness intentions of open space provisions, such as rain gardens, infiltration, dispersal systems, or bioretention areas in up to 25 percent of open space area.

ii. Below-ground stormwater systems.

2. Open space shall be clearly designated on the site plan to indicate how open space shall be used. The City will base its acceptance of open space intended for recreational purposes on the dimensions, usability, location, slope, and physical improvements.

3. The location of existing natural site amenities shall be considered when planning open space, siting of buildings and other structures, underground services, paved areas, and finished grade levels. Natural amenities might include rock outcroppings, ravines, groves of trees, and ponds or streams.

4. When a PUD is constructed in phases, common open space shall not be less than 15 percent of the total area developed. The approved percentage of open space for each phase must be completed by the end of each phase of a PUD or an appropriate guarantee must be provided.

5. Provision shall be made for perpetual maintenance of any common open space.

G. Circulation.

1. All streets shall be publicly dedicated except:

a. Those serving four or fewer lots in single-household developments; and

b. Other private roadways as approved by the City.

2. Streets or rights-of-way shall be provided in accordance with City standards unless otherwise approved by the City.

3. A pedestrian circulation system shall be designed to assure that pedestrians can move safely and conveniently both on the site and to adjacent properties and activities as appropriate.

4. All streets and parking areas shall contribute to the overall aesthetic design of the PUD, while minimizing traffic and the amount of impervious surface.

5. The parking requirements and provisions within any PUD shall reflect the parking provisions found in Chapter 19.125 MTMC.

H. Screening. All utility facilities, loading areas, trash containers and outside storage areas shall be screened from surrounding property.

I. Service Improvements. Service improvements in a PUD shall be provided in accordance with the following provisions:

1. Preliminary Review. Preliminary engineering information on waste disposal systems, water systems, electrical systems, street improvements, fire hydrants, drainage, and other public improvements shall be reviewed. The primary concern during preliminary plan review shall be the availability of utilities and services to the site, the adequacy of utilities to serve the proposed project, and/or measures to make utilities available on site.

2. Final Review.

a. Final detailed engineering plans for drainage, grading, trash collection, fire hydrants, waste disposal system, water system, electrical system, street improvements, and other public improvements must be submitted to and approved by the City;

b. Where practical, all service facilities shall be placed underground except those that by their nature must be on or above the surface; and

c. The declaration of covenants, conditions, and restrictions in each deed held by a property owner within the PUD shall require periodic assessments for the maintenance and repair of any private service facilities held in common. The declaration shall also require that the governing body of the PUD adequately maintain such facilities.

J. Bonus Density.

1. When an application for a residential PUD is made, density on the site may exceed the base density of the zoning classification up to the maximum bonus density limit stated below. The increase in density shall be calculated on gross site area, including any area to be dedicated for public use (excluding roads). The maximum cumulative density bonus shall not exceed a total of 40 percent. Bonus density may be considered when a PUD includes one or more of the following amenities beyond the minimum required by this title:

a. Property, excluding roads, set aside and accepted for dedication by a public institution or agency, at no cost to the agency or institution, shall allow a bonus density credit of up to 40 percent;

b. Lands set aside to preserve a unique physical feature of the site such as a stream, marsh, rock outcropping, bluff, or pond, provided such features are set aside as common open space not otherwise restricted from development, shall allow a bonus density credit of up to 40 percent;

c. Land set aside, five percent of the site or more, for recreation facilities developed as part of the project, such as bicycle or pedestrian trails and neighborhood parks, to serve others in addition to the occupants of the proposed development, shall result in the bonus density credit of up to 40 percent whether or not dedicated as in subsection (J)(1)(a) of this section;

d. Provide additional stormwater capacity, beyond the minimum required to satisfy the City’s requirements for the subject property, and effectively relieve existing off-site flooding conditions, for a bonus density credit of up to 40 percent; and

e. Enhance an existing riparian area where it could be shown the enhancement effort would be of long-term benefit to the resource, for a bonus density credit of up to 40 percent.

2. Density bonuses for project amenities that are considered benefits to the community and are not listed above may be granted by the City Council. (Ord. 2729 § 17, 2018; Ord. 2074 § 6.5, 1995).