A.
The
purpose of the PUD planned unit development district is to provide
an overlay zoning which provides for planned development designed
to maximize environmental and ownership choices by encouraging flexibility
and creativity of design, diversity of building types, open space
arrangements, and other aspects of residential and mixed use planning
while, at the same time, preserving public welfare, health, and the
general intent of the title.
B.
In
the PUD district no building or land shall be used and no building
shall be erected or structurally altered unless otherwise provided
by the plan adopted as part of this overlay district approval.
(Ord. 695 § 2, 2003)
A planned unit development project requires approval of a PUD
zoning overlay which shall include a development plan approval and
any related conditions of development as part of the zoning district.
Any necessary subdivision submittal shall also be made a part of the
development plan package and reviewed by the city at the same time
as the zoning proposal. The application for development of a planned
unit development zoning shall include:
1.
A description
of all covenants;
2.
Location
of all existing and proposed easements;
3.
Location
and floor plans illustrating the purpose and bulk of buildings and
structures;
4.
Design
criteria and typical elevations;
5.
Statement
of dwelling unit density, percentage of land coverage, and net buildable
acreage;
6.
Parking
locations and standards of development;
7.
General
landscaping scheme;
8.
Location
and general improvement plan for common open space;
9.
Location
of required public facilities including but not limited to fire hydrants,
street lights and pedestrian walks;
10.
General
schedule of development; and
11.
If
the land to be developed is proposed to be subdivided, a tentative
subdivision map shall also accompany the application for review in
accordance with procedures established under this title.
(Ord. 695 § 2, 2003)
The planned unit development district shall be allowed as a
combining zone only with R-1, R-2, R-3, RP, C-l, CW and HS districts
for development of residential dwelling units and mixed use commercial
and residential developments.
(Ord. 695 § 2, 2003)
The plan devised by the developer must reflect conformity with
the purposes and provisions hereof and be adjudged by the planning
commission to provide a pleasing and compatible arrangement of uses,
structures and open spaces in relation to other uses, structures and
open spaces in the immediate vicinity.
(Ord. 695 § 2, 2003)
There shall be no minimum area which shall be required for application
of the planned unit development district.
(Ord. 695 § 2, 2003)
The plan may provide for a variety of housing types, including
but not limited to single-family dwellings, two-family dwelling, apartments,
garden apartments, townhouses, condominium and mixed use units.
(Ord. 695 § 2, 2003)
Percentage of ground area of a planned unit residential development
to be occupied by buildings not included in the common open space
shall be the same as set forth in the base zone which the planned
unit district overlays.
(Ord. 695 § 2, 2003)
No building may exceed the maximum height permitted by the base
zone which the planned unit district overlays.
(Ord. 695 § 2, 2003)
A.
The number of dwelling units to be provided by any plan may not exceed the maximum number of dwelling units permitted by the base zone district which the planned unit district overlays, except where the general plan land use designation would permit more units or pursuant to Section 17.48.030.
In cases where the land to which the plan relates is divided
into two or more adjoining residential districts of differing restriction.
In such exceptional cases, the maximum number of dwelling units which
may be concentrated on any of the adjoining part of such land shall
not exceed the aggregate number of dwelling units permitted on the
whole of such land.
B.
In
all cases, the calculation of permissible limits of dwelling unit
density shall be based on the land area available for development
after deducting land required for streets and alleys.
(Ord. 695 § 2, 2003)
Common open space shall be provided. The amount and location
of common open space must be consistent with the purpose of a planned
unit residential development and the base zoning district in which
it is located.
(Ord. 695 § 2, 2003)
The landowner shall give legally enforceable assurances satisfactory
to the city that common open space will be properly maintained during
the life of the planned unit development. No planned unit development
permit shall be granted until such time as such assurances are given.
(Ord. 695 § 2, 2003)
Parking shall be provided on the same site as that occupied by the use it is intended to serve and in an amount at least equal to the requirements for dwelling units permitted under Chapter 17.42. The planning commission may require additional parking where it is deemed necessary for proper development or may grant approval for fewer spaces under a shared parking facilities concept.
(Ord. 695 § 2, 2003)
Landscaping shall be provided for parking areas as set forth in Section 17.42.120(M). In addition, a minimum of five percent of the overall lot square footage shall be provided in landscaping and common yard areas. All landscaping shall be maintained by the property owners in accordance with reasonable standards.
(Ord. 695 § 2, 2003)
Documents, maps and plot plans for the planned unit development
shall be filed and recorded with all such city, county and state governmental
agencies as required by law and the planning commission. Costs of
such filing and recordation shall be borne by the landowner.
(Ord. 695 § 2, 2003)
Application for planned unit development zoning and any related
subdivision shall be filed by the landowner or his authorized representative
and shall be accompanied by such fees as shall, from time to time,
be set or established by resolution of the city council.
(Ord. 695 § 2, 2003)
Application for a planned unit development permit, including
a development which includes a subdivision, shall be processed as
a zoning amendment.
(Ord. 695 § 2, 2003)
The director of public works may issue a planned unit development
permit at such time as the zoning amendment is in effect.
(Ord. 695 § 2, 2003)
Actual construction shall be commenced within one year after
issuance of the planned unit development permit and shall be diligently
pursued to completion. In any case where construction has not been
commenced within the one-year period, the planning commission may
allow a reasonable extension after a written request by the landowner
stating due cause for such an extension has been filed with the planning
commission. The building official shall not provide a certificate
of occupancy for any part of the project until all required documents
and related improvements have been completed, including subdivision
maps, condominium or stock cooperative documents. Failure to comply
with the requirements of this section shall be grounds for revocation
of the planned unit development zoning, with reversion to the base
zoning, by the city after a public hearing with at least ten days'
notice to the landowner.
(Ord. 695 § 2, 2003)
Any minor or nonsubstantive change in the approved development
plan may be made only after approval of such change by the planning
director or the planning commission. Any proposed change shall be
clearly portrayed on all copies of the approved plan and submitted
to the planning director for review and determination or, at his or
her discretion, referred directly to the planning commission for public
hearing and decision. Any change or addition of land use (other than
accessory uses), common open space area and parking facilities shall
require approval of the commission. All changes to the plan must be
compatible with the original plan for land use, traffic circulation
and open space, the purpose and intent of this chapter, and with the
height and area regulations and parking ratios reflected in the plan
originally approved by the planning commission.
(Ord. 695 § 2, 2003)
Any decision of the planning commission to grant or deny a planned
unit development amendment thereto, may be appealed by affected persons
to the city council by submitting written notice to the city clerk
within ten days of the action of the planning commission. A copy of
such appeal shall be filed with the planning commission. If the decision
of the planning commission is to deny the proposed planned unit development
amendment thereto, no amendment will be granted without a plurality
of concurring votes of the city council. If an appeal is filed in
compliance with the requirements of this section, the director of
public works shall not issue a planned unit development permit until
such time as the council approves or denies the amendment. Any decision
of the planning director relating to amendments to the plan may be
appealed to the planning commission.
(Ord. 695 § 2, 2003)
