The purpose of this chapter is to provide a more desirable environment through the application of flexible and diversified land development standards following an overall comprehensive site development plan. This is intended to provide for developments incorporating a single type or variety of housing types and related uses, which are planned and developed as a unit. Such developments may consist of individual lots or of common buildings sites. Commonly owned land which is an essential and major element of the plan should be related to and preserve the long-term value of the homes and other improvements.
(Ord. 1093 § 2, 2023)
The following buildings and uses may be permitted as hereinafter provided. Buildings and uses may be permitted either singly or in combination provided the overall density of the planned development does not exceed the density of the zoning district as provided by RMC § 17.35.030.
A. 
Single-family detached and attached dwellings.
B. 
Duplexes, triplexes, courtyard cottages and multifamily dwellings.
C. 
Accessory buildings and uses.
D. 
Buildings or uses listed as permitted outright or conditionally in the zone on which the planned development is located. Drive-throughs are prohibited.
(Ord. 1093 § 2, 2023)
A. 
Minimum Site Size. Planned unit developments shall be established only on parcels of land which are suitable for the proposed development and are no smaller than the minimum lot size established in the zoning district.
B. 
Open Space. In all PUDs at least 40 percent of the total area shall be devoted to open space. Up to 25 percent of this open space may be utilized privately by individual owners or users of the planned development; however, at least 75 percent of this area shall be common or shared open space.
C. 
Density. The density of the planned development shall not exceed the density of the zone in which it is located. Where PUD standards differ from standards found elsewhere in zoning and/or subdivision codes, the more stringent requirement shall apply.
D. 
Subdivision Lot Sizes. Minimum area, width, depth and frontage requirements for subdivision lots in a planned unit development may be less than the minimums set forth elsewhere in the municipal code; provided, that the overall density is in conformance with this section and the lots conform to the approved preliminary development plan.
E. 
Off-Street Parking. Parking areas shall conform to all provisions of Chapter 18.105 RMC.
F. 
Signs. All signs of any type within a planned unit development are subject to review and approval of the planning commission. The commission shall consider each sign on its merits based on its aesthetic impact on the area, potential traffic hazards, potential violation of property and privacy rights of adjoining property owners and need for said sign.
G. 
Setbacks and Yard Requirements. No structure shall be located closer than 20 feet from any public street within a planned unit development unless otherwise approved by the planning commission. Other setbacks are to be determined by the planning commission where they are considered essential to the public health, safety or welfare. These setbacks required by the planning commission shall be recorded as part of the protective covenants as required by RMC § 17.35.050(A)(9).
H. 
Height Limits. Height limits for structures in a planned unit development are the same as in the zoning district, except that the planning commission may further limit heights when necessary for the maintenance of the public health, safety or welfare.
I. 
Streets, Sidewalks and Roads. Necessary streets, sidewalks, and roads within the planned unit development shall be constructed to city standards and dedicated to the public. See Chapter 17.30 RMC for applicable standards. A private roadway, or a private road network, may be permitted if adequate provisions for access and circulation have been provided in accordance with Chapter 17.30 RMC and facilities have been approved and installed in accordance with Chapter 17.30 RMC.
1. 
Pursuant to subsection M of this section, the planning commission may adjust Chapter 17.30 RMC standards through the PUD process.
J. 
Dedication and Maintenance of Facilities. The planning commission or, on appeal, the city council may as a condition of approval for a planned unit development require that portions of the tract or tracts under consideration be set aside, improved, conveyed or dedicated for the following uses:
1. 
Recreation Facilities. The planning commission or city council, as the case may be, may require that suitable area for parks or playgrounds be set aside, improved or permanently reserved for the owners or residents of the development.
2. 
Common Areas. Whenever a common area is provided, the planning commission or city council may require that an association of owners or tenants be created into a nonprofit corporation under the laws of the state of Oregon, which shall adopt such articles of incorporation and bylaws and impose such declaration of covenants and restrictions on such common areas that are acceptable to the planning commission. Said association shall be formed and continued for the purpose of maintaining such common area. Such an association, if required, may undertake other functions. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessments levied to maintain said common area for the purposes intended. The period of existence of such association shall be not less than 20 years and it shall continue thereafter and until a majority vote of the members shall terminate it.
3. 
Easements. Easements necessary to the orderly extension of public utilities may be required as a condition of approval.
K. 
Approvals. Prior to planning commission approval (or city council approval upon appeal), written consent for the development shall be received from the city-appointed engineer, fire district chief, and any other department or agency (i.e., county sanitarian, DEQ, ODOT, Division of Health, ODF&W, DSL, DLCD, etc.) that can demonstrate that it has legal authority or jurisdiction over the proposal (or part(s) of the proposal).
L. 
Other Requirements. The planning commission may establish additional requirements which it deems necessary to ensure that any development conforms to the purpose and intent of this section.
M. 
Adjustments. When consistent with subsection K of this section, the planning commission may approve adjustments to code standards through the PUD review process set forth in RMC § 17.35.040(B)(1). In such cases, the applicant need not address variance procedures that apply to non-PUD development proposals.
(Ord. 1093 § 2, 2023)
A. 
The applicant shall submit 10 copies of a preliminary development plan to the planning commission prior to formal application for approval. This plan and any written statements shall contain at least the following information:
1. 
Proposed land uses and densities.
2. 
Location, dimensions and heights of structures.
3. 
Plan of open or common spaces.
4. 
Map showing existing structures and features of site and topography, wetlands and water features.
5. 
Proposed method of utilities service and drainage.
6. 
Road and circulation plan, including off-street parking areas.
7. 
Relation of the proposed development to the surrounding area and the comprehensive plan.
8. 
Lot layout if applicable.
9. 
A schedule, if it is proposed that the final development plan will be executed in phases, including the schedule for providing public infrastructure improvements for all proposed phases.
10. 
Information deemed necessary by the city planner and public works superintendent.
11. 
Required application fee.
B. 
Applications for planned unit development preliminary approval shall be reviewed by the planning commission using a Type III procedure as specified in RMC § 18.160.040. The planning commission shall determine whether the proposal conforms to RMC § 17.35.030. In addition, in considering the plan, the planning commission shall seek to determine that:
1. 
There are special physical conditions or objectives of development which the proposal will satisfy to warrant a departure (if any) from the standard code requirements.
2. 
Resulting development will be consistent with the comprehensive plan provisions and zoning objectives of the area.
3. 
The proposed development will be in substantial harmony with the surrounding area. If phasing is proposed, mitigation of impacts may be limited to those impacts associated with an individual phase at the time the phase is approved.
4. 
The plan can be completed within a reasonable period of time.
5. 
The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the planned area based on a traffic impact study consistent with RMC § 17.30.160. A traffic study will be valid for four years from the notice of decision, otherwise, a new traffic study shall be required to address unanticipated traffic impacts. However, the Transportation Planning Rule (OAR 660-012-060) does not apply to PUD applications that involve uses permitted outright or conditionally in the base zone. If phasing is proposed, mitigation of impacts may be limited to those impacts associated with an individual phase at the time the phase is approved.
6. 
Proposed utility and drainage facilities are adequate for the population densities and type of development proposed.
C. 
The planning commission shall notify the applicant whether the foregoing provisions have been satisfied and, if not, whether they can be satisfied with further plan revision(s).
(Ord. 1093 § 2, 2023)
A. 
Within one year after preliminary approval or modified approval of a preliminary development plan, the applicant shall, at the next regularly scheduled meeting, file with the planning commission a final plan for the entire development or, when submission in phases has been authorized, for the first unit of the development. The final plan shall conform in all major respects with the approved preliminary development. The final plan shall include all information included in the preliminary plan, plus the following:
1. 
Contour map of the site showing at least two-foot contour intervals.
2. 
Grading plan for the site showing future contours if existing grade is to be changed more than two feet.
3. 
Existing and proposed utility lines (water, storm and sanitary sewer, gas, power, etc.).
4. 
Preliminary subdivision plat meeting the requirements of RMC § 17.10.020 if property is to be subdivided.
5. 
Location and dimensions of pedestrian ways, roads, common open spaces, recreation areas and parks.
6. 
Location, dimensions and arrangement of automobile off-street parking spaces including width of aisles, spaces and other design criteria.
7. 
Preliminary architectural plans and elevations of typical structures.
8. 
Preliminary planting and landscaping plan for the site.
9. 
The applicant shall also submit drafts of appropriate deed restrictions or protective covenants to provide for the maintenance of common areas and to assure that the objectives of the planned unit development shall be followed.
B. 
Upon receipt of the final development plan, the planning commission shall examine such plan and determine whether it conforms to all applicable criteria and standards, and whether it conforms in all substantial respects to the previously approved preliminary development plan; or the commission shall require such changes in the proposed development or impose such conditions of approval as are in its judgment necessary to ensure conformity to the applicable criteria and standards. In so doing, the planning commission may permit the applicant to revise the plan and resubmit it as a final development plan within 60 days.
C. 
After final development plan approval by the planning commission, the planned development application will be sent to the city council for consideration and final approval. A Type III review procedure shall be used. If the PUD is a residential subdivision or institutional use allowed in the base zone, with no RV or campground amenities, review by the city council is not required; however, final subdivision plat approval in accordance with RMC § 17.10.120 and § 17.10.130 is required.
(Ord. 1093 § 2, 2023)
A. 
Grading permits and building permits in a planned unit development shall be issued only on the basis of the approved final development plan. Any substantial changes in the approved plan shall be submitted to the planning commission for processing in accordance with RMC § 17.10.080.
B. 
A performance bond may be required, in an amount to be determined by the public works superintendent, to ensure that a development proposal is completed as approved and within the agreed-upon time limits.
C. 
An applicant is entitled to rely on land use regulations in effect on the date its preliminary development plan was initially submitted, pursuant to ORS 227.178(3), when seeking approval of a final development plan so long as the applicable preliminary development plan is in effect when the final development plan is submitted. At its option, an applicant may request that a final development plan be subject to the land use regulations in effect on the date its final development plan is initially submitted.
(Ord. 1093 § 2, 2023)