Bethel City Zoning Code
18.52 Planned
Unit Development
18.52.010 Intent.
A. A planned unit development (PUD) is intended to allow flexibility in the land use code and to achieve the creation of a more desirable environment than would be possible through a strict application of the land use code. An applicant does not have a right to approval of a PUD permit, but has a right only to have the planning commission give fair consideration to an application for a PUD. The planning commission has discretion to deny a PUD application if it is not convinced the proposed development is compatible with principal permitted uses, existing neighborhood development, the environment, the comprehensive plan or maintenance of compatible and efficient development patterns.
B. The planning commission shall evaluate a proposed planned unit development in accordance with the following criteria:
1. Creative use of the land, imaginative architectural design, a consolidation of usable open space and recreation areas and the preservation of natural features;
2. The mixing of compatible land uses, residential densities and housing types within the neighborhood;
3. The efficiency of the configuration of utilities, vehicular and pedestrian circulation and parking facilities;
4. Enhancement of the surrounding environment;
5. Maintenance of population densities and lot coverage that are consistent with available public services and the comprehensive plan. [Ord. 01-05 § 8.]
18.52.020 Application.
A. The applicant shall complete a PUD permit application on a form provided by the planning department in which the applicant shall state and describe in narrative:
1. A legal description and street address of the parcel;
2. The names and addresses of the owners of the parcel and of the applicant;
3. A description of the proposed PUD;
4. A map or plat of the general area surrounding the parcel, with notations of the uses and structures that exist on abutting and nearby lots;
5. A detailed map or plat of the development parcel showing existing and proposed streets, lots, building locations, uses, contour lines and other relevant features;
6. Potential impacts on pedestrian and vehicular traffic circulation and safety;
7. Potential output of noise, fumes, dust, wastes and other forms of potential environmental pollution;
8. Special features and restrictions designed to minimize negative impacts and to ensure the public health, safety and welfare of the residents;
9. A complete site plan permit application for the proposed use, including fill placement, quantities and contours and drainage plans;
10. If any part of the project is located in a flood hazard area or in an area where the project may adversely affect drainage or floods in a flood hazard area, the proposal shall address the relevant matters and standards covered by BMC 15.08.160 through 15.08.180;
11. The names and addresses of all persons who own property within six hundred (600) feet of the boundaries of the parcel.
B. A fee shall be included as established by resolution of the city council. [Ord. 01-05 § 8.]
18.52.030 Hearing and notification.
A. Upon receipt of a complete application for a PUD permit, the land use administrator shall set a date for public hearing before the planning commission. The public hearing shall be scheduled no sooner than twenty (20) calendar days and no later than fifty (50) calendar days from the date of acceptance of a complete application.
B. Notice of the public hearing on a proposed PUD shall be provided as set out in BMC 18.04.070.
C. The public hearing shall be conducted substantially as provided in BMC 18.60.050(A) through (C). [Ord. 01-05 § 8.]
18.52.040 General provisions.
All residential, business and industrial planned unit developments shall meet the following minimum standards. In addition, the planning commission may require compliance with such other design standards relating to the construction, design and placement of buildings, landscaping, streets, roadways, pathways, drainageways and other site design features as it may deem necessary. The commission shall develop and publish guidelines to assist developers in meeting such standards.
A. The minimum site area for a planned unit development shall be two (2) acres for PUDs located entirely in the I, GU, DC or NC districts. If any portion of a proposed PUD is located within the PLI or R districts, the minimum site area shall be five (5) acres. The minimum site area for a PUD within the P district shall be one hundred (100) acres.
B. Building design and site development which involve grading for the placement of structures, parking areas, driveways and roadways shall be depicted on a site plan and shall be described in the written documents and shall specifically address drainage.
C. Major internal streets which are intended to serve a planned unit development shall be functionally connected to existing or proposed streets to provide adequate ingress and egress. The street system by which the PUD will access the core area of the city shall meet the minimum street standards issued by the city engineer.
D. A planned unit development shall be in accordance with the comprehensive plan.
E. All areas not devoted to buildings, structures, drives, walks, off-street parking facilities or other authorized installations shall be planted with visual enhancement landscaping.
F. All developments shall meet fire safety requirements established by the city fire department.
G. If any part of the development is in a flood hazard area or in a location that would affect flooding or drainage in a flood hazard area, the planning commission shall address the applicable standards and matters under BMC 15.08.160 through 15.08.180 and shall impose such requirements as necessary to ensure that flood hazards and potential flood damage will be minimized and that the development will not adversely affect flooding situations in the flood hazard area; the planning commission shall impose such requirements as appropriate to minimize or eliminate the adverse effects of the development on floods and potential flood damages, whether within or outside the development. [Ord. 01-05 § 8.]
18.52.050 Residential planned unit developments.
Planned unit developments in the R district shall be limited to residential planned unit developments. In addition to meeting the standards set forth in the general provisions for all PUDs, residential PUDs shall meet the following minimum standards:
A. The number of dwelling units per acre allowable on the gross usable area of a residential PUD shall be determined by the planning commission. However, in no event may the number of dwelling units per acre exceed four.
B. A minimum of thirty (30) percent of the site shall be reserved as usable open space. At least one-half (1/2) of such usable open space shall be contiguous, and no portion of the required open space may be less than two thousand (2,000) square feet in area or less than thirty (30) feet in its smallest dimension. A minimum of twelve (12) percent and a maximum of fifty (50) percent of required open space shall consist of yards which shall be reserved for the residents of individual dwellings. In multistory buildings, balconies or decks may be used in lieu of yards; provided, that the total area of all balconies or decks and yards is not less than the total yard area that would otherwise be required.
C. Permitted uses shall be limited to residential and accessory uses, convenience establishments and personal or professional services. A residential PUD may not include the storage or use of mobile homes, freezer vans, Quonset huts or similar structures. Any nonresidential use must be specifically authorized as to its exact location, type and size. In no event shall the floor area of nonresidential uses exceed ten (10) percent of the total internal floor area of the PUD.
D. Any nonresidential use permitted in a residential PUD shall be compatible with the residential nature of the development. Parking areas which are intended to serve nonresidential uses shall be separated from those designed to serve residential areas. Unless commercial and residential uses are combined within a single structure, commercial uses shall be separated from dwelling units by a heavily landscaped buffer zone having a minimum width of thirty (30) feet.
E. Pedestrian paths shall connect residential uses and nonresidential uses within a residential PUD.
F. Buffer landscaping shall be planted along each boundary of the planned unit development adjoining a nonresidential district or a right-of-way designated for collector or greater capacity.
G. Any two (2) adjacent buildings within a PUD shall be separated from each other by a distance equal to one-half the height of the taller building.
H. Streams shall, except for necessary bridges and crossings, be separated from streets, parking areas and structures with a landscaped buffer zone having a minimum width of fifty (50) feet.
I. Walls and ceiling-floor assemblies which are common to any two (2) dwellings shall have a minimum STC acoustic rating of fifty-five (55) and a minimum fire rating of one (1) hour.
J. Each required parking space for residential uses shall be provided with an electrical outlet.
K. Any PUD which will involve the formation of a horizontal property regime under the terms of AS 34.07.030, et seq., or any mandatory homeowners’ or similar association must submit for review by the commission the articles of incorporation and bylaws of any such association prior to the sale of any property subject to the association. The planning commission may require any provisions necessary to ensure that the provisions and intent of this title are met. [Ord. 01-05 § 8.]
18.52.060 Business planned unit developments.
A business PUD may be allowed upon property in the I, GU, DC and NC districts. A PUD in any such district may include only those uses which are permitted principal uses and structures in any of the districts listed in this subsection; provided, that no use involving outdoor storage of inventory, hotel uses or wholesale uses shall be permitted where it would not otherwise be permitted in the district in which the PUD is located. In addition to meeting standards set forth in the general provisions for all PUDs, a business PUD shall meet the following minimum standards.
A. Parking lots and loading areas shall conform to BMC 18.48.150 through 18.48.210;
B. Buffer landscaping shall be planted along each boundary of a business planned unit development that adjoins a residential district;
C. A business PUD shall provide for safe and convenient pedestrian circulation;
D. Principal vehicular access points shall permit smooth traffic flow with controlled turning movements and minimize hazards to vehicular or pedestrian traffic. Access points shall be located in relation to major thoroughfares so that traffic congestion will not be created by the proposed development;
E. The maximum number of residential dwelling units per acre allowable within a business PUD shall be determined by the following schedule. If a business PUD is designed to include residential uses, the area to be devoted to such uses shall be identified on the PUD site plan, and the allowable density shall be calculated based only upon the areas indicated for residential use:
Land Use District | Dwelling Units per Acre (gross area) |
I | 4 |
GU | 4 |
DC | 4 |
NC | 4 |
[Ord. 01-05 § 8.]
18.52.070 Industrial planned unit developments.
An industrial PUD may be allowed upon property in the I district. An industrial PUD may include only such uses as are permitted principal uses and structures in the district in which the proposed PUD is located. In addition, a residential PUD may be allowed in the I district; provided, however, that any residential uses must be situated on an area of at least ten (10) acres including dedicated streets, and screening landscaping shall be planted along each boundary of the residential planned unit development, except for vehicular and pedestrian ingress and egress points. A residential PUD which is located in the I district must conform to all of the standards required for a residential PUD in the R district. In addition to meeting standards set forth in the general provisions for all PUDs, an industrial PUD shall meet the following minimum standards:
A. Screening landscaping shall be planted along each boundary of an industrial planned unit development adjoining a residential district;
B. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and to minimize hazards to vehicular or pedestrian traffic. Access points shall be located in relation to major thoroughfares so that traffic congestion will not be created by the proposed development. [Ord. 01-05 § 8.]
18.52.010 Intent.
A. A planned unit development (PUD) is intended to allow flexibility in the land use code and to achieve the creation of a more desirable environment than would be possible through a strict application of the land use code. An applicant does not have a right to approval of a PUD permit, but has a right only to have the planning commission give fair consideration to an application for a PUD. The planning commission has discretion to deny a PUD application if it is not convinced the proposed development is compatible with principal permitted uses, existing neighborhood development, the environment, the comprehensive plan or maintenance of compatible and efficient development patterns.
B. The planning commission shall evaluate a proposed planned unit development in accordance with the following criteria:
1. Creative use of the land, imaginative architectural design, a consolidation of usable open space and recreation areas and the preservation of natural features;
2. The mixing of compatible land uses, residential densities and housing types within the neighborhood;
3. The efficiency of the configuration of utilities, vehicular and pedestrian circulation and parking facilities;
4. Enhancement of the surrounding environment;
5. Maintenance of population densities and lot coverage that are consistent with available public services and the comprehensive plan. [Ord. 01-05 § 8.]
18.52.020 Application.
A. The applicant shall complete a PUD permit application on a form provided by the planning department in which the applicant shall state and describe in narrative:
1. A legal description and street address of the parcel;
2. The names and addresses of the owners of the parcel and of the applicant;
3. A description of the proposed PUD;
4. A map or plat of the general area surrounding the parcel, with notations of the uses and structures that exist on abutting and nearby lots;
5. A detailed map or plat of the development parcel showing existing and proposed streets, lots, building locations, uses, contour lines and other relevant features;
6. Potential impacts on pedestrian and vehicular traffic circulation and safety;
7. Potential output of noise, fumes, dust, wastes and other forms of potential environmental pollution;
8. Special features and restrictions designed to minimize negative impacts and to ensure the public health, safety and welfare of the residents;
9. A complete site plan permit application for the proposed use, including fill placement, quantities and contours and drainage plans;
10. If any part of the project is located in a flood hazard area or in an area where the project may adversely affect drainage or floods in a flood hazard area, the proposal shall address the relevant matters and standards covered by BMC 15.08.160 through 15.08.180;
11. The names and addresses of all persons who own property within six hundred (600) feet of the boundaries of the parcel.
B. A fee shall be included as established by resolution of the city council. [Ord. 01-05 § 8.]
18.52.030 Hearing and notification.
A. Upon receipt of a complete application for a PUD permit, the land use administrator shall set a date for public hearing before the planning commission. The public hearing shall be scheduled no sooner than twenty (20) calendar days and no later than fifty (50) calendar days from the date of acceptance of a complete application.
B. Notice of the public hearing on a proposed PUD shall be provided as set out in BMC 18.04.070.
C. The public hearing shall be conducted substantially as provided in BMC 18.60.050(A) through (C). [Ord. 01-05 § 8.]
18.52.040 General provisions.
All residential, business and industrial planned unit developments shall meet the following minimum standards. In addition, the planning commission may require compliance with such other design standards relating to the construction, design and placement of buildings, landscaping, streets, roadways, pathways, drainageways and other site design features as it may deem necessary. The commission shall develop and publish guidelines to assist developers in meeting such standards.
A. The minimum site area for a planned unit development shall be two (2) acres for PUDs located entirely in the I, GU, DC or NC districts. If any portion of a proposed PUD is located within the PLI or R districts, the minimum site area shall be five (5) acres. The minimum site area for a PUD within the P district shall be one hundred (100) acres.
B. Building design and site development which involve grading for the placement of structures, parking areas, driveways and roadways shall be depicted on a site plan and shall be described in the written documents and shall specifically address drainage.
C. Major internal streets which are intended to serve a planned unit development shall be functionally connected to existing or proposed streets to provide adequate ingress and egress. The street system by which the PUD will access the core area of the city shall meet the minimum street standards issued by the city engineer.
D. A planned unit development shall be in accordance with the comprehensive plan.
E. All areas not devoted to buildings, structures, drives, walks, off-street parking facilities or other authorized installations shall be planted with visual enhancement landscaping.
F. All developments shall meet fire safety requirements established by the city fire department.
G. If any part of the development is in a flood hazard area or in a location that would affect flooding or drainage in a flood hazard area, the planning commission shall address the applicable standards and matters under BMC 15.08.160 through 15.08.180 and shall impose such requirements as necessary to ensure that flood hazards and potential flood damage will be minimized and that the development will not adversely affect flooding situations in the flood hazard area; the planning commission shall impose such requirements as appropriate to minimize or eliminate the adverse effects of the development on floods and potential flood damages, whether within or outside the development. [Ord. 01-05 § 8.]
18.52.050 Residential planned unit developments.
Planned unit developments in the R district shall be limited to residential planned unit developments. In addition to meeting the standards set forth in the general provisions for all PUDs, residential PUDs shall meet the following minimum standards:
A. The number of dwelling units per acre allowable on the gross usable area of a residential PUD shall be determined by the planning commission. However, in no event may the number of dwelling units per acre exceed four.
B. A minimum of thirty (30) percent of the site shall be reserved as usable open space. At least one-half (1/2) of such usable open space shall be contiguous, and no portion of the required open space may be less than two thousand (2,000) square feet in area or less than thirty (30) feet in its smallest dimension. A minimum of twelve (12) percent and a maximum of fifty (50) percent of required open space shall consist of yards which shall be reserved for the residents of individual dwellings. In multistory buildings, balconies or decks may be used in lieu of yards; provided, that the total area of all balconies or decks and yards is not less than the total yard area that would otherwise be required.
C. Permitted uses shall be limited to residential and accessory uses, convenience establishments and personal or professional services. A residential PUD may not include the storage or use of mobile homes, freezer vans, Quonset huts or similar structures. Any nonresidential use must be specifically authorized as to its exact location, type and size. In no event shall the floor area of nonresidential uses exceed ten (10) percent of the total internal floor area of the PUD.
D. Any nonresidential use permitted in a residential PUD shall be compatible with the residential nature of the development. Parking areas which are intended to serve nonresidential uses shall be separated from those designed to serve residential areas. Unless commercial and residential uses are combined within a single structure, commercial uses shall be separated from dwelling units by a heavily landscaped buffer zone having a minimum width of thirty (30) feet.
E. Pedestrian paths shall connect residential uses and nonresidential uses within a residential PUD.
F. Buffer landscaping shall be planted along each boundary of the planned unit development adjoining a nonresidential district or a right-of-way designated for collector or greater capacity.
G. Any two (2) adjacent buildings within a PUD shall be separated from each other by a distance equal to one-half the height of the taller building.
H. Streams shall, except for necessary bridges and crossings, be separated from streets, parking areas and structures with a landscaped buffer zone having a minimum width of fifty (50) feet.
I. Walls and ceiling-floor assemblies which are common to any two (2) dwellings shall have a minimum STC acoustic rating of fifty-five (55) and a minimum fire rating of one (1) hour.
J. Each required parking space for residential uses shall be provided with an electrical outlet.
K. Any PUD which will involve the formation of a horizontal property regime under the terms of AS 34.07.030, et seq., or any mandatory homeowners’ or similar association must submit for review by the commission the articles of incorporation and bylaws of any such association prior to the sale of any property subject to the association. The planning commission may require any provisions necessary to ensure that the provisions and intent of this title are met. [Ord. 01-05 § 8.]
18.52.060 Business planned unit developments.
A business PUD may be allowed upon property in the I, GU, DC and NC districts. A PUD in any such district may include only those uses which are permitted principal uses and structures in any of the districts listed in this subsection; provided, that no use involving outdoor storage of inventory, hotel uses or wholesale uses shall be permitted where it would not otherwise be permitted in the district in which the PUD is located. In addition to meeting standards set forth in the general provisions for all PUDs, a business PUD shall meet the following minimum standards.
A. Parking lots and loading areas shall conform to BMC 18.48.150 through 18.48.210;
B. Buffer landscaping shall be planted along each boundary of a business planned unit development that adjoins a residential district;
C. A business PUD shall provide for safe and convenient pedestrian circulation;
D. Principal vehicular access points shall permit smooth traffic flow with controlled turning movements and minimize hazards to vehicular or pedestrian traffic. Access points shall be located in relation to major thoroughfares so that traffic congestion will not be created by the proposed development;
E. The maximum number of residential dwelling units per acre allowable within a business PUD shall be determined by the following schedule. If a business PUD is designed to include residential uses, the area to be devoted to such uses shall be identified on the PUD site plan, and the allowable density shall be calculated based only upon the areas indicated for residential use:
Land Use District | Dwelling Units per Acre (gross area) |
I | 4 |
GU | 4 |
DC | 4 |
NC | 4 |
[Ord. 01-05 § 8.]
18.52.070 Industrial planned unit developments.
An industrial PUD may be allowed upon property in the I district. An industrial PUD may include only such uses as are permitted principal uses and structures in the district in which the proposed PUD is located. In addition, a residential PUD may be allowed in the I district; provided, however, that any residential uses must be situated on an area of at least ten (10) acres including dedicated streets, and screening landscaping shall be planted along each boundary of the residential planned unit development, except for vehicular and pedestrian ingress and egress points. A residential PUD which is located in the I district must conform to all of the standards required for a residential PUD in the R district. In addition to meeting standards set forth in the general provisions for all PUDs, an industrial PUD shall meet the following minimum standards:
A. Screening landscaping shall be planted along each boundary of an industrial planned unit development adjoining a residential district;
B. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and to minimize hazards to vehicular or pedestrian traffic. Access points shall be located in relation to major thoroughfares so that traffic congestion will not be created by the proposed development. [Ord. 01-05 § 8.]