Concrete City Zoning Code
CHAPTER 19
58 PLANNED UNIT DEVELOPMENTS
§ 19.58.010 Purpose.
To allow flexibility in design and creative site planning, to preserve open space and critical areas, to encourage higher quality architectural design and project amenities, and to encourage attractive neighborhoods while providing for the orderly development of the town in conformance with the comprehensive plan. The intent of this provision is to create larger and more useable open space areas by allowing clustering of housing units. A further purpose of planned unit development (PUD) approval is to allow for mixed uses when in conformance with the comprehensive plan.
(Ord. 577 § 1, 2005)
§ 19.58.020 Authority.
All planned unit development permits shall be processed as a full subdivision, Class III action according to the provisions of Chapter 18.08 CMC. The review authority shall have the authority to approve, approve with conditions, disapprove, or revoke residential planned unit developments, subject to the provisions of this chapter. Changes in use, expansion, or contraction of site area, or alteration of structures or uses classified as residential planned unit developments, and existing prior to the effective date of this title, shall conform to all regulations pertaining to planned unit developments.
(Ord. 577 § 1, 2005)
§ 19.58.030 Uses permitted.
Any use consistent with the comprehensive plan and uses permitted in the underlying zoning map will be permitted in planned unit development approval in accordance with the development plan.
(Ord. 577 § 1, 2005)
§ 19.58.040 Standards and requirements.
(1)
Size of Planned Unit Development Site.
(a)
Except as set forth below, a tract of land to be developed as a planned unit development shall have a minimum site size of three acres.
(b)
A planned unit development may have a site size of less than three acres if the review authority makes specific findings of fact to support the conclusion that a planned unit development is in the public interest because one or more of the following conditions exist:
(i)
An unusual physical or topographic feature of importance to the area as a whole exists on the site or in the neighborhood, which can be conserved and still leave the applicant equivalent use of the land by use of a planned unit development;
(ii)
The property or its neighborhood has a historical character of importance to the community that will be protected by use of a planned unit development;
(iii)
The property is adjacent to or across a street from property which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring planned unit development;
(iv)
Unique or innovative design concepts developed to further specific policies of the comprehensive plan.
(2)
Open Space. Common open space is required within a planned unit development and shall meet the following:
(a)
The common open space shall be primarily intended and improved for amenity or recreational purposes and shall be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, and number and type of dwellings provided.
(b)
Common open space containing natural features or critical areas worthy or required of preservation may be left unimproved. However, the planned unit development cannot provide only unimproved preserved or protected common open space.
(c)
At least 25 percent of the total common open space shall be centrally located within the plat.
(d)
Common open space shall not include required infrastructure such as roads, or unusable stormwater detention ponds. Usable stormwater detention ponds infiltrate water underground and do not hold water for more than an average of two months per year. Only those portions of usable space within a utility corridor may be counted towards common open space, such as walking paths.
(3)
Density. A 20 percent lot size reduction is allowed if at least 20 percent of the site is designated as common open space.
(4)
Flexibility in Standards. In order to allow for clustering and creative site design, deviations from the underlying zoning district dimensional standards are allowed:
(a)
Lot area; provided, that no lot is reduced by more than 20 percent of the minimum lot size in the underlying zone;
(b)
Lot width and depth; and
(c)
Yard setback.
(5)
Residential Types in the Residential (R) Zoning District. Up to 20 percent of the total number of units allowed may be fiveplex, sixplex, townhouse, or courtyard building through a PUD if the proposal meets the following criteria:
(a)
The overall site density does not exceed the zoning district maximum or the allowable density bonus;
(b)
The dwelling units must be clustered and located in a manner appropriate and compatible with adjacent residential zones;
(c)
The dwelling units must be single-family in appearance; and
(d)
Architectural renderings of the multifamily units must be submitted with the application.
(6)
Design Standards. PUDs must meet the following design standards unless a similar design is proposed to the hearing body which meets similar objectives. The hearing body may approve such design alternatives:
(a)
Attached residential garages shall be set back at least five feet from the front of the house, resulting in a minimum front setback of 25 feet. Where alleys exist, access to garages shall be from the alleyway.
(b)
Houses shall be designed with front porches with special consideration given for those which front onto common open space areas.
(c)
House plans shall have a variety of architecture and character, such as alternating roof lines, window patterns, and entrances. Buildings shall include articulation along the facades facing and visible from public rights-of-way. Flat blank walls are discouraged. Horizontal facades longer than 30 feet shall be articulated into smaller units, reminiscent of the residential scale. At least two of the following methods shall be included:
(i)
Distinctive roof forms;
(ii)
Changes in materials;
(iii)
Window patterns;
(iv)
Color differentiation;
(v)
Recesses/offsets.
(d)
Primary building entries shall be clearly identifiable and visible from the street, with well defined walkways from pedestrian routes to building entries.
(e)
Primary building entries shall face the street. If the doorway does not face the street, a clearly marked and well maintained walkway shall connect the entry to the sidewalk.
(f)
Developments which utilize a clustered arrangement shall orient buildings around a common open space with a common vehicle entrance onto the primary street.
(g)
Driveways which access onto public streets are encouraged to share driveways with at least one adjacent property to minimize access points and to increase the amount of on-street parking available.
(h)
If alley access is available or can be provided within the development, vehicle access shall be from the alley with limited curb cuts.
(Ord. 577 § 1, 2005; Ord. 900 § 2 (Att. A (§ 15)), 2025)
§ 19.58.050 Findings.
In approving the preliminary development plans for a planned unit development, conditionally or otherwise, the review authority shall first make a finding that all of the following conditions exist:
(1)
That the site of the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features necessary are adequate as required by this title, to ensure that said use is compatible with neighboring land uses;
(2)
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
(3)
That public facilities and utilities are adequate to serve the proposal;
(4)
That the proposed use will have no significant adverse effect on abutting property or the permitted use thereof;
(5)
That the establishment, maintenance, and/or conduct of the use for which the development plan review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety or welfare of persons residing or working in a neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in said neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to orderly development; and
(6)
That the project has unique or innovative design concepts developed to further specific policies of the comprehensive plan.
(Ord. 577 § 1, 2005)
§ 19.58.060 Approval.
(1)
Planned unit developments shall be processed in conjunction with a full subdivision, classified as a Class III action as prescribed in Chapter 18.08 CMC.
(2)
All applications shall be accompanied with complete site plans and/or subdivision layout drawn to one to 40-foot scale, and shall include the following:
(a)
Site plan/subdivision layout drawn to scale and dimensioned, showing proposed layout of structures, open space, critical areas, off-street parking, landscape areas, pedestrian walkways, driveways, screening, fencing, etc.;
(b)
Open space area and proposed recreational amenities;
(c)
Landscape plan (if required) as prescribed in CMC landscaping standards;
(d)
Preliminary engineering plans, including grading contours, drainage systems, sensitive areas, and both on-site and off-site improvements;
(e)
Any required architectural drawings;
(f)
Environmental checklist and, if required, environmental impact statement;
(g)
A schedule showing the proposed time and sequence within which the applications for final approval of all sections of the planned unit development are intended to be filed; and
(h)
A written statement by the landowner, or his agent, setting forth the reasons why a planned unit development would be in the public interest and would be consistent with the goals and policies of the comprehensive plan.
(3)
Within five years following the approval of the planned unit development, the applicant shall file with the town engineer a final plat application as required in Chapter 17.08 CMC. The town council may extend the period in annual increments. If the council finds that the final plat is consistent with the PUD as approved, and that all conditions of the development approval have been satisfied, the council shall approve the final plat as required in Chapter 17.08 CMC. The final development plan may be approved in phases.
(4)
If the council finds evidence of a significant deviation from the preliminary development plan, the council shall advise the applicant to submit an application for amendment of the preliminary development plan. An amendment shall be considered in the same manner as an original application.
(5)
In granting any planned unit development, the town council may require adequate guarantees of compliance with the final development plan. Such guarantee may be a performance bond or other form of security in an amount sufficient to assure compliance, and may provide that such security be reduced as stages of construction are completed. Alternatively, or in addition to the security, conditions may be imposed requiring other adequate assurances that the structures and improvements will be completed, subject to the review and approval as to form by the town attorney; or that the town may, in the event of the applicant's failure to comply, take steps necessary to assure compliance, including performing the construction or maintenance itself, and levy a lien for all costs thereof against the property.
(Ord. 577 § 1, 2005)
§ 19.58.070 Appeals.
The applicant or any party of record may appeal the decision of the town council as provided in Chapter 18.08 CMC.
(Ord. 577 § 1, 2005)
