The purpose of the planned unit development (PUD) is to promote maximum flexibility and innovation in development design and land utilization through the realization of zoning and subdivision regulations to encourage developers to use a more creative approach in land development; to provide a means for the economical and efficient supply of street improvements and public utilities required in residential development; to conserve natural features and to facilitate the provisions of more desirable, aesthetic and efficient use of open space.

(Ord. 13-2007B, Add, 09/25/2007)

1. Uses allowed in the particular zone(s) of the proposed development may be allowed if integrated into the plan and development of the PUD.
2. Residential uses not permitted in the particular zone(s) of the proposed PUD may be allowed if integrated into the plan and development of the PUD.

(Ord. 13-2007B, Add, 09/25/2007)

1. Design. The PUD shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. In addition, the PUD shall relate harmoniously to the topography of the site, make suitable provision for conservation of water courses, wooded areas, rough terrain and the retention of storm drainage, and shall otherwise be so designed as to use such natural features and amenities to best advantage.
2. Site Size. The minimum size for a PUD in any zone shall be 1.5 acres.
3. Location. A PUD may be located in any zoning district(s) where PUD's are conditional uses and where the developer of the PUD can demonstrate that the development will meet the intent of this article and will not create undue detrimental effects in the district(s) which the PUD is to be located, in terms of environmental and/or community impact.
4. Density. The maximum number of living units per acre of the total surface area of the subject lands shall be as follows:
   1. R-1 zone: four units per acre.
   2. R-2 zone: ten (10) units per acre.
   3. R-3-zone: sixteen (16) units per acre.
5. Modification of Density. Character, design excellence, architectural style, site variation, innovative open space utilization, the provision of recreational facilities, etc. may be considered cause for density increases up to a maximum of twenty (20) percent according to the provisions listed below.
   1. The degree of distinctiveness and desirable variations shall govern the amount of density increase with the Planning Commission may approve:
      1. Landscaping: streetscape, open spaces, recreation areas, and plazas, use of existing landscape, pedestrian way treatment, and waterscaping.
      2. Siting: visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, and variation of building setbacks.
      3. Design features: architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of housing types.
      4. Recreational facilities: swimming pools, tennis courts, improved parks featuring picnic tables, benches, ball field, playgrounds, high quality bike and pedestrian path systems, or other recreational facilities.
   2. If the Planning Commission finds that any of the following conditions would be created by an increase in density, it may limit the density increase by an amount sufficient to avoid the following conditions:
      1. inconvenient or unsafe access to the development;
      2. traffic congestion in streets adjoining the development;
      3. an excessive burden imposed on parks, recreational areas, schools, and other public facilities which serve or are proposed to serve the development;
      4. a compromise in the intent of a PUD as stated in Section 15.20.9010.
6. Streets, Internal public road right-of-ways shall not be less than fifty (50) feet in width. Minor private streets may be approved using the following criteria:
   1. Minor streets with no parking: twenty (20) feet wide.
   2. Minor streets with guest parking on one side: twenty-eight (28) feet wide.
   3. Minor streets with guest parking on both sides: thirty-six (36) feet wide.
7. Setbacks.
   1. No building shall be located closer than five feet to any interior pedestrian way, court, plaza, open parking lot, or any other surface area reserved for public use in common by residents of the PUD.
   2. No building shall be located closer than fifteen (15) feet to any interior street or closer than twenty-five (25) feet to any exterior street.
   3. No building or structure, except a wall or fence, shall be located closer to any exterior boundary than eight feet plus three feet for each additional story over one story. Such setback shall be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists, setbacks shall be measured from the nearest edge of the street right-of-way or private road easement.
8. Yards. Minimum yard requirements shall be governed by setback requirements; provided, that minimum side yards of contiguous buildings shall be a minimum of eight feet plus three feet for each additional story over one story.
9. Common Property.
   1. When common property exists; open space, recreational facilities, etc., the ownership of such common property may be either public or private.
   2. Satisfactory arrangements shall be made for the improvements, development, operation and maintenance of such common property and facilities including private streets, driveways, service and parking areas and recreational open space areas.
10. Open Space.
    1. Required open space comprises at least thirty (30) percent of a total area of a PUD. Fifty (50) percent of the required open space shall be of common ownership. Land occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open space requirement; provided, however, that land occupied by recreational buildings and structures may be counted as required open space.
    2. If the development is to be accomplished in phases, a phased development schedule shall coordinate development of the open space, the construction of the buildings, structure and improvements in such open space, and the construction of dwelling units in order that each development state achieve a proportionate share of the total open space and environmental quality of the total planned unit development.
11. Height. All buildings and structures shall conform to the height regulations of the zone in which the PUD is located; provided, however, that the Planning Commission may approve buildings and structures with greater height, when in its opinion, such additional height would not have an adverse affect on adjacent properties or on properties or developments in the vicinity. No additional height shall be approved within one hundred (100) feet of any external boundary of the PUD adjacent to the land in any residential, estates or agricultural zone.
12. Off-Street Parking. Off-street parking areas not under cover shall be screened from view of nearby residences of the development by decorative screening or other appropriate landscape features.
13. Signs. Interior street, building and other signs shall be uniform in design and subject to the approval of the Planning Commission.
14. Night Lighting. Light fixtures for walks, parking areas, driveways and other facilities shall be developed in sufficient number and at property locations to assure safe and convenient nighttime use.
15. Antennas. A common central radio and television antenna shall be provided with underground cable service to at least all buildings containing dwelling units. No other exterior radio or television antennas shall be permitted.
16. Fire Protection. Fire hydrants and connections shall be installed as required by the governing body and shall be of a type approved by the chief of the local fire district. Installation shall be part of the overall improvement agreements for the development.
17. Emergency Service. Any building or any dwelling unit that is located more than one hundred (100) feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles.
18. Modification of Requirements. Modification of the development criteria of this section may be granted by the Planning Commission when it has been determined that such modification is necessary to accommodate special circumstances related to the location, siting, or implementation of the project, and to promote the public health, safety, morals and welfare. Any modification granted shall be fully documented, recorded and presented at the public hearing.

(Ord. 13-2007B, Add, 09/25/2007)

Each application shall be in writing on a form provided therefore by the Planning Department. In addition to the completed application form and fees, five prints are required. Prior to preparing material for filing, the applicant should contact the planning staff to make precise determinations as to the content and preparation of material for filing. The application together with exhibits attached thereto and made part thereof by reference shall contain the following information:

1. Name and address of the applicant;
2. A legal description of the subject lands;
3. Site Plan. On a twenty-four (24) inch by thirty-six (36) inch sheet (smaller sheets may be used) detailed development plan which shall set forth, show and delineate, among other things, the exact location and dimensions of the following to be constructed or situated therein or thereon:
   1. all portions which will be occupied by buildings;
   2. all public and private streets, all utility easements, all public and private easements of any kind, and all area to be dedicated for public use or conveyed to the County;
   3. all portions which are to be divided into separate ownership;
   4. all portions, if any, which are to be owned in common by all of the owners of parts divided into separate ownership;
   5. all public and private ways of pedestrian and vehicular ingress to and egress from the subject lands;
4. Elevations. On twenty-four (24) inch by thirty-six (36) inch sheet(s) (smaller sheets may be used) showing elevation(s) of the building(s) proposed (to include accessory structures) should be shown and materials (colors as appropriate) indicated;
5. Floor Plans. On twenty-four (24) inch by thirty-six (36) inch sheet(s) (smaller sheets may be used) showing the various use areas within the building(s) and the location of doors and windows;
6. Conceptual Landscape Plan. On twenty-four (24) inch by thirty-six (36) inch sheet(s) (smaller sheets may be used) indicating areas to be landscaped; tree elements (mounding, interest areas, water, building, paving texture, etc.) and general circulation system;
7. Exterior Lighting System. On eight and one-half inch by eleven (11) inch or eight and one-half inch by fourteen (14) inch sheet(s) showing type of fixture proposed (perspective or elevation drawing) with general location indicated on the site plan;
8. Use Allocation and Density Tables. On eight and one-half inch by fourteen (14) inch sheet(s) showing or eight and one-half inch by eleven (11) inch sheet(s) indicating the net and gross (centerline of abutting streets) acreage for the entire project, net acreage for major areas, and pertinent site plan facts, to include: tables showing the area expressed in square feet or acres, and the percentage if comprises of the subject lands for each of the following:
   1. public streets and public easements;
   2. private streets and private easements;
   3. utility easements;
   4. portions of the subject land in common ownership;
   5. lands which will be covered by buildings;
   6. lands which will not be occupied by buildings;
   7. the total number of living units within the subject lands, and showing the total number of living units per acre of subject lands; and
   8. the total number of off-street parking spaces within the subject lands;
9. Covenants and other legal agreements which regulate areas of facilities of common or restricted ownership, if any, which shall:
   1. legally create automatic membership in a non-profit owners association or similar instrument;
   2. place title to any common property or facility in the homes or lots association;
   3. appropriately and permanently limit the uses of common property and open space;
   4. give each lot or unit owner the right of use and enjoyment of any common property or facility; and
   5. place responsibility for operation and maintenance of the common property and facilities in the homes or lots association;
   6. place an association charge on each lot or unit in a manner which will: (a) assume sufficient funds for maintenance and operation, such charge to be a lien on the property; and (b) provide adequate safeguards for owners against undesirable high charges;
10. Phased Development Schedule. If phased development is anticipated, a development schedule describing the phasing for the entire PUD for all dwelling units, non-dwelling structures, recreational and other facilities, utilities and open space improvements by phase will be submitted;
11. Engineering and Fire Data. Additional drawings and data on these subjects as appropriate; and
12. Such application shall contain all other information as the Planning Commission may require.

(Ord. 13-2007B, Add, 09/25/2007)

1. Approval of a planned unit development shall be obtained through conditional use permit procedures as specified in Article E of this chapter.
2. When approval of a planned unit development is given, building permits shall be issued only in accordance with the approved plans, stipulated conditions, development schedule and improvement plans.
3. Modifications that are requested shall be handled in a similar manner to the initial application: except that minor modifications which do not increase the approved density or change the approved uses may be allowed by design review and approval from the Planning Director. Modification granted shall be fully documented, recorded and presented at the public hearing.

(Ord. 13-2007B, Add, 09/25/2007)