The purposes of the planned unit development (PUD) are:

   A.   To provide a means for creating planned environments through the application of flexible standards, which allow for the application of new techniques and new technology in community development, which will result in an enhanced living arrangement.

   B.   To facilitate the efficient use of land, which may be accomplished by such development design alternatives such as clustering or grouping lots or housing types to maximize common space for the benefit of residents and may include such amenities as recreation facilities and incidental residential services.

   C.   To promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities.

   D.   To preserve to the greatest extent possible the existing landscape features and amenities through the use of a planning procedure that can relate the type and design of a development to a particular site.

   E.   To encourage development that recognizes the relationship between various structures, open spaces, and access, and thereby maximize the opportunities for innovative and diversified living environments.

   F.   To encourage comprehensive development rather than parcel by parcel development.

   G.   To allow for a more flexible and creative approach to the development of land that will result in an efficient, aesthetic, and desirable use of open areas while maintaining the density permitted in the base zone.

   H.   To allow flexibility in the design and placement of buildings, open spaces, circulation facilities, and off street parking areas to best utilize the site potential and characteristics of topography and parcel size and shape. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Development, Residential Zones: The PUD designation is a method of development applicable to all residential zones.

   B.   Steps In Process: There are three (3) steps to the PUD approval process:

      1.   Approval by the planning commission of the preliminary PUD site plan.

      2.   Approval by the planning commission of the final PUD development plan.

      3.   Approval by the city council of all related development agreements.

   C.   Application For Zone Change, PUD Approval: The application for a zone change and for approval of the preliminary PUD site plan may be heard concurrently if an application for each of the actions is submitted. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Application By Recorded Owner: The applicant for a PUD preliminary and final development plan approval shall be the recorded owner of the property or an agent authorized in writing by the owner.

   B.   Minimum Size Of Land: A PUD shall not be allowed on any lands less than one acre in size.

   C.   Meet With City Staff: The applicant is encouraged to meet with city staff prior to application submittal. Failure of the city to provide any of the information required shall not constitute a waiver of any standard, criterion, or requirement for the application. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Detailed Development Plan Required: The preliminary development plan approval by the planning commission shall lapse if a detailed development plan proposal has not been submitted for approval within eighteen (18) months or unless an extension of time is applied for and granted.

   B.   Extension Of Time: The planning commission may grant an extension of time for final plan submittal not to exceed one year. The applicant must provide a written request for this extension.

   C.   Preliminary Plan Changes, Fee: If the extension of time request or the final development plan contains substantial changes to the preliminary plan in the opinion of the city manager, then the applicant shall be required to pay an additional application fee and resubmit the changes for preliminary plan approval. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Noncompliance A Violation: Noncompliance with an approved detailed development plan shall be a violation of this title.

   B.   Performance Bond Or Other Security: The development shall be completed in accordance with the approved final detailed development plan including landscaping and recreation areas before any occupancy permits are issued. The city may, as a precondition to the issuance of a required permit, require the posting of a performance bond or other surety to secure execution of the condition by a time certain not to exceed one year. The performance bond or other surety shall be in an amount sufficient to cover city's cost to complete work that is unfinished by the developer in accordance with the final detailed development plan or development agreement. The performance bond or other surety may cover the following:

      1.   When the city determines that immediate execution of any feature of an approved detailed development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition.

      2.   When development may impede or disrupt access or usage of utilities including, but not limited to, streets, water, sanitary sewer, power, or other rights of way.

      3.   When development includes provision of public facilities or trade of land not included within the boundaries of the PUD.

      4.   When a phased development includes the provision of public facilities in future phases. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Application Of Base Zone Provisions: The provisions of the base zone are applicable as follows:

      1.   Lot Dimension Standards: The minimum lot size, lot depth, and lot width standards shall not apply except as related to the density computation listed below.

      2.   Building Height: The building height provisions shall not apply except within one hundred feet (100') of the perimeter of the PUD.

      3.   Structure Setbacks:

         a.   Front, rear, and side setbacks for structures on the perimeter of the PUD shall be the same as that required by the base zone.

         b.   Front, rear, and side setbacks shall not apply to structures on the interior of the PUD.

         c.   In determining setback requirements for individual parcels, the planning commission may consider several factors, including, but not limited to, public safety, emergency vehicle access, solar access, environmental and scenic features, clustered or common wall housing, and compatibility with adjacent uses.

      4.   Density Computation: The maximum number of residential units allowable within the PUD shall be computed as follows:

(Gross square feet - right of way area)/lot size of base zone = residential units

   B.   Other Provisions: All other provisions of the base zone shall apply, except as modified by this section. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Time Schedule Approval; Limitation: The planning commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than three (3) years without reapplying for preliminary development plan review.

   B.   Criteria For Approval: The criteria for approving a phased detail development plan proposal is that:

      1.   The public facilities shall be constructed in conjunction with or prior to each phase.

      2.   The development and occupancy of any phase shall not be dependent on the use of temporary public facilities. A "temporary public facility" is any facility not constructed to the applicable city standard. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Public Hearing: A public hearing before the planning commission shall be scheduled and held in accordance with section 9-3-7 of this title.

   B.   Findings Of Planning Commission: The planning commission shall make findings that the requirements of this code and other land development standards are satisfied when approving, or approving with conditions, or that the criteria is not satisfied when denying an application.

   C.   Appeal: The decision of the planning commission may be appealed to the city council in accordance with section 9-3-9 of this title. (Ord. 643, 3-1-2006)

   D.   Criteria: In addition, the following criteria shall be met:

      1.   Structures located on the site shall not be in areas subject to ground slumping and sliding. For any area of suspected hazard, the city may require a soils and/or an engineering geologic study based on the proposed project, which shows the analysis that the area can be made suitable for the proposed development.

      2.   There shall be adequate distance between on site buildings and other on site and off site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection.

      3.   The structures shall be oriented with consideration for the sun and wind directions, where possible.

      4.   Adequate buffering, screening, and compatibility between adjoining uses.

      5.   On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roofs shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening.

      6.   For privacy and noise, nonresidential structures within one hundred fifty feet (150') of an adjacent residential zone to the PUD shall be located on the site or be designed in a manner to protect the private areas on the adjoining properties from view and noise.

      7.   Private outdoor areas shall be screened or designed to provide privacy for the use of this space.

      8.   All circulation patterns within a development must be designed to accommodate emergency vehicles.

      9.   Provisions shall be made for pedestrianways and bikeways if such facilities are shown on an adopted plan.

      10.   A minimum of ten percent (10%) of the site shall be landscaped.

      11.   Compliance with all other local, state, and federal laws, practices, and standards. (Ord. 626, 12-18-2003, eff. 1-1-2004; amd. Ord. 643, 3-1-2006)

   A.   Forms; Accompaniments: All applications shall be made on forms provided by the city and shall be accompanied by:

      1.   Ten (10) complete copies of the preliminary development plan and necessary data or narrative that explains how the development conforms to the standards.

      2.   The required fee.

   B.   Plan, Data, Narrative: The preliminary development plan, data, and narrative shall include the following:

      1.   A detailed site plan.

      2.   A grading plan.

      3.   A landscape plan.

      4.   A copy of all existing or proposed restrictions or covenants.

      5.   Any other information or detail as may be required by the city manager. (Ord. 626, 12-18-2003, eff. 1-1-2004)

   A.   Plan Requirements: A detailed site plan shall include existing site conditions and proposed improvements to include the following:

      1.   Identification information, including the name and address of the owner, developer, and project designer, and the scale and north arrow.

      2.   A vicinity map showing the location of the property in relation to adjacent properties, roads, pedestrianways and bikeways, and utility access.

      3.   Boundary lines and dimensions for the perimeter of the property and the dimensions for all proposed lot lines, section lines, corners, and monuments, and a calculation for gross area.

      4.   Contour lines at two foot (2') intervals for slopes from zero to ten percent (10%) and five foot (5') intervals for slopes over ten percent (10%).

      5.   The location, dimensions, and names of all existing and platted streets and other public ways, railroad tracks and crossings, and easements on adjacent property and on the site.

      6.   Preliminary engineering plan showing proposed size and placement of water and sanitary sewer service.

      7.   The location, dimensions and setback distances of all existing and proposed structures, improvements, and utility and drainage facilities on the site and on adjoining properties.

      8.   The location and dimensions of existing and proposed entrances and exits to the site, parking and circulation areas, pedestrian and bicycle circulation areas, outdoor recreation spaces, common areas, and aboveground utilities.

      9.   The location of areas to be landscaped.

      10.   Potential natural hazard areas including:

         a.   Floodplain areas.

         b.   Unstable ground (areas subject to slumping, earth slides or movement).

         c.   Areas having a severe soil erosion potential.

         d.   Areas having severe weak foundation soils.

      11.   Resource areas including:

         a.   Wetland areas.

         b.   Wildlife habitat areas.

         c.   Streams and riparian corridors.

   B.   Area Subject To Landslides, Other Hazards: Where the site is subject to landslides or other potential hazards, a soils, hydrology, and/or engineering geologic study based on the proposed project may be required by the city which shows the analysis that the area can be made suitable for the proposed development. (Ord. 626, 12-18-2003, eff. 1-1-2004)

The grading and drainage plan shall be at the same scale as the site plan and shall include the following:

   A.   Identification information including the name and address of the owner, developer, project designer, and the project engineer.

   B.   Drainage patterns and drainage courses on the site and on adjacent lands.

   C.   The location and extent to which grading will take place indicating general contour lines, slope ratios, and slope stabilization proposals.

   D.   Certification stamp that the plan has been produced by a professional engineer registered in Oregon and that such plan conforms to all regulatory requirements. (Ord. 626, 12-18-2003, eff. 1-1-2004)

The landscape plan shall include the following:

   A.   The conceptual location of the underground irrigation system or hose bibs where applicable.

   B.   The location and height of fences and other buffering or screening materials.

   C.   The location, species, and function (buffer, shading, cover, etc.) of existing and proposed plant materials. (Ord. 626, 12-18-2003, eff. 1-1-2004)

Where open space or shared use facilities are designated on the plan as common space, the following applies:

   A.   Indicated On Final Plan And Recorded: The common space area shall be shown on the final plan and recorded with the city.

   B.   Methods Of Conveyance: The common space shall be conveyed in accordance with one of the following methods:

      1.   By dedication in perpetuity to the city as publicly owned and maintained as public open space. Such space proposed for dedication to the city must be acceptable to the city with regard to the size, shape, location, improvement, and budgetary and maintenance limitations.

      2.   By leasing or conveying permanent title (including beneficial ownership) to a corporation, home association, or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the city for guaranteeing the following:

         a.   The continued use of such land for the intended purposes.

         b.   Continuity of property maintenance for open spaces and shared use facilities, and the availability of funds required for such maintenance.

         c.   Adequate insurance protection and payment of current and future local government taxes, fees, and assessments.

         d.   Recovery for loss sustained by casualty and condemnation or otherwise.

         e.   Mandatory responsibility and apportionment of financial obligations for all original and future property owners in the PUD.

   C.   Recording Of Documents: The following original and executed documents in a form approved by the city shall be recorded with the final survey if required by the city: conveyance of title to common spaces; homeowner's association agreement, articles, bylaws, and certificate of formation with a state of Oregon seal; and any other such documentation as may be required by the city to ensure adequate maintenance and financial sustainability of properties within the PUD. (Ord. 626, 12-18-2003, eff. 1-1-2004)