Provision of a planned unit development by this chapter in no way guarantees a property owner the right to exercise the provisions of the planned unit development. Planned unit developments may be approved by the planning commission as a conditional use only if, in its judgment, the proposed planned unit development fully meets the intent and purpose, and requirements of the land use ordinance and the general plan. (Ord. 2014-06, 5-1-2014)

   A.   The purpose of planned unit development is to permit flexibility in land use, allow diversification in the interrelationships of various uses and structures with their sites and thus offer an alternative to conventional development. The application of planned unit development concepts is intended to encourage unique neighborhoods, high quality housing, exceptional design, additional open space, and facilities compatible with the present living environment in the city. Ensuring compliance with the purpose of this section protects the health, safety and public welfare of the future inhabitants of, or visitors to, the planned unit development. At the same time, securing the advantages of imaginative site planning for residential, commercial development or combinations thereof, as well as maximizing the energy utilization efficiency of the project. The objective is to preserve existing greenery and significant trees on site. The planned unit development process must create unique benefits for both the property owner and the city even though it does not allow additional density. Applicants must justify to the planning commission why the project would be better for the community than a project developed as the underlying zoning would normally allow. Development under the planned unit development process is a privilege that must be earned by the developer, not a right that must be granted by the planning commission.

   B.   Through the flexibility of the planned unit development regulations, the city seeks to achieve the following specific objectives:

      1.   The stabilization and preservation of the existing or planned land uses in abutting areas and surrounding residential neighborhoods;

      2.   Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion;

      3.   Preservation of buildings which are architecturally or historically significant or contribute to the character of the city;

      4.   Maximizing and preserving vegetation and open space and/or other special development amenities to provide light, air and privacy, to buffer abutting properties and to provide active and passive recreation opportunities for residents of the planned development and/or the community;

      5.   Minimize significant through traffic impacts on adjacent residential neighborhoods;

      6.   Provide an appropriate transition or buffering between uses of differing intensities both on site and off site; and

      7.   Provide safe and convenient vehicle and pedestrian connections between adjacent uses. (Ord. 2014-06, 5-1-2014)

MIXED USE PLANNED UNIT DEVELOPMENT: For the purpose of this chapter means an integrated design for a planned unit development which includes a combination of residential and nonresidential uses.

NONRESIDENTIAL PLANNED UNIT DEVELOPMENT: For the purpose of this chapter, means an integrated design for development of commercial uses which does not include any residential component.

PLANNED UNIT DEVELOPMENT: For the purpose of this chapter, means a coordinated, integrated design for development of residential, nonresidential, commercial, or a combination of such uses.

RESIDENTIAL PLANNED UNIT DEVELOPMENT: For the purpose of this chapter, means an integrated design for a planned unit development which includes only residential uses. (Ord. 2014-06, 5-1-2014)

   A.   Allowed By Zone: Planned unit developments are allowed as per chapter 13.100, "Appendix A - Allowed Uses", of this title.

   B.   Three Step Review Of Site Plan: A planned unit development site plan shall be considered in three (3) steps as required by section 13.08.010 of this title. (Ord. 2016-04, 4-14-2016)

   C.   Review And Approval Of A Conditional Use: The planning commission shall consider the conditional use application at a public hearing. The City shall provide notice as per "Conditional Use Permit" noticing procedures as required in Appendix C: "Noticing Requirements" of Title 13.

      1.   A copy of the planning commission's agenda shall be posted as required in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)

   D.   Submission Requirements:

      1.   The applicant shall submit a standard subdivision design, using the minimum lot size, width, and setback dimensions required by the zone, to calculate the maximum allowable number of dwellings ("maximum density") for the development.

      2.   The applicant shall submit a planned unit development site plan for the total area within the proposed development as required by chapter 13.03 of this title.

         a.   The site plan shall show, where pertinent:

            (1)   The use or uses, dimensions, sketch elevations and locations of proposed structures;

            (2)   Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces;

            (3)   Architectural drawings and sketches outlining the general design and character of the proposed uses and the physical relationships of the uses; and

            (4)   Such other pertinent information such as, residential density, coverage and open space characteristics as may be necessary to make a determination that the proposed arrangement of buildings and uses makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title.

         b.   An explanation of how the proposed planned unit development satisfies the purposes set forth in section 13.78.020 of this chapter.

         c.   If the planned unit development is to be developed on a phase basis, each phase shall be of such size, composition and arrangement that its construction, marketing and operation is feasible as a unit independent of any subsequent phases.

   E.   Waiver Of Zone District Regulations: To allow flexibility and initiative in site and building design, the planning commission may waive or vary one or more of the land use regulations as required by the zone in which the planned unit development is proposed, other than:

      1.   Use regulations;

      2.   Overall building height regulations, including graduated height restrictions; and

      3.   Density.

   F.   Limitations: A conditional use permit shall not be granted unless the planned unit development meets the use limitations of the zoning district in which it is to be located and meets the density and other limitations of such districts.

   G.   Compliance With The Subdivision Regulations: Compliance with the regulations of this chapter does not excuse the developer from the applicable requirements of the subdivision regulations, as required by chapter 13.10 of this title, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.

   H.   Planning Commission: The planning commission may approve, approve with conditions, or deny a planned unit development based upon written findings of fact according to each of the following standards. It is the responsibility of the applicant to provide written and graphic evidence demonstrating compliance with the following standards:

      1.   Planned Unit Development Objectives: The planned unit development shall meet the purpose statement for a planned unit development (section 13.78.020 of this chapter);

      2.   Master Plan And Zoning Ordinance Compliance: The proposed planned unit development shall be:

         a.   Consistent with any adopted policy set forth in the future land use map applicable to the site where the planned unit development will be located, and

         b.   Allowed by the zone where the planned unit development will be located.

      3.   Compatibility: The proposed planned unit development shall be compatible with the character of the site, adjacent properties, and existing development within the vicinity of the site where the use will be located. In determining compatibility, the planning commission shall consider:

         a.   Whether the street or other means of access to the site provide the necessary ingress/egress without materially degrading the service level on such street/access or any adjacent street/access;

         b.   Whether the planned unit development and its location will create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected, based on:

            (1)   Orientation of driveways and whether they direct traffic to major or local streets, and, if directed to local streets, the impact on the safety, purpose, and character of these streets;

            (2)   Parking area locations and size, and whether parking plans are likely to encourage street side parking for the planned unit development which will adversely impact the reasonable use of adjacent property;

            (3)   Hours of peak traffic to the proposed planned unit development and whether such traffic will unreasonably impair the use and enjoyment of adjacent property.

         c.   Whether the internal circulation system of the proposed planned unit development will be designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic;

         d.   Whether existing or proposed utility and public services will be adequate to support the proposed planned unit development at normal service levels and will be designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources;

         e.   Whether appropriate buffering or other mitigation measures, such as, but not limited to, landscaping, setbacks, building location, sound attenuation, odor control, will be provided to protect adjacent land uses from excessive light, noise, odor and visual impacts and other unusual disturbances from trash collection, deliveries, and mechanical equipment resulting from the proposed planned unit development; and

         f.   Whether the mass and scale of the intended buildings/structures, the intended uses within the planned unit development, and the intensity, size, and scale of the entire planned unit development are compatible with surrounding properties. (Ord. 2014-06, 5-1-2014; amd. Ord. 2016-04, 4-14-2016; Ord. 2021-18, 8-5-2021)

A planned unit development proposed for any parcel or tract of land under single ownership or control in certain zoning districts shall have a minimum net lot area as set forth in table 13.78.050.1 of this section.

 

(Ord. 2014-06, 5-1-2014)

A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for the land use amendment. (Ord. 2014-06, 5-1-2014)

The development shall be in single, partnership, or corporate ownership, or under option to purchase by an individual or a corporate entity at the time of application, or the application shall be filed jointly by all owners of the property. (Ord. 2014-06, 5-1-2014)

The planning commission shall require such arrangement of structures and open spaces within the site development plan, as necessary, to assure that adjacent properties will not be adversely affected. (Ord. 2015-02, 2-5-2015)

   A.   Height And Intensity: Height and intensity of buildings and uses shall be arranged around the boundaries of the planned unit development to be compatible with existing adjacent developments or zones. However, unless conditions of the site so warrant, buildings located on the periphery of the development shall be limited to a maximum height of two (2) stories. All structures in the planned unit development shall comply with the graduated height restrictions of the underlying zone.

   B.   Area, Width, Yard And Coverage: Lot area, lot width, yard and coverage regulations shall be determined by approval of the site plan and shall meet the requirements of the underlying zone wherever possible. (Ord. 2014-06, 5-1-2014)

   C.   Density: Residential planned unit developments shall not exceed the density limitation of the zoning district where the planned unit development is proposed. The density for any residential planned unit development may not exceed the maximum density calculation as defined in subsection 13.78.040D1 of this chapter. The calculation of planned unit development density may include open space that is provided as an amenity to the planned unit development. Public or private roadways located within or abutting a planned unit development shall not be included in the planned unit development area for the purpose of calculating density except as allowed by section 15.28.020 of this code. (Ord. 2015-02, 2-5-2015)

   A.   Preservation and maintenance of required open spaces within the development shall be the responsibility of the planned unit development ownership and shall be maintained in perpetuity as open space. (Ord. 2014-06, 5-1-2014)

Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the planning commission for approval, together with other required plans for the development. (Ord. 2014-06, 5-1-2014)

The size, location, design and nature of signs, if any, and the intensity and direction of area lighting shall be detailed in the application. (Ord. 2014-06, 5-1-2014)

   A.   Compliance With Plan: Upon approval of a planned unit development, construction shall proceed only in accordance with the site plan, subdivision, conditional use permit, and all specifications approved by the planning commission, and in conformity with any conditions attached by the commission to its approval.

   B.   Amendments: Amendments to approved plans and specifications for a planned unit development shall be approved by the planning commission and shown on the approved plans. (Ord. 2014-06, 5-1-2014)

In carrying out the intent of this chapter, the planning commission shall consider the following principles:

   A.   Qualified Design Team: It is the intent of this chapter that site and building plans for a planned unit development shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application. The planning commission shall require the applicant to engage such a qualified designer or design team.

   B.   Minimum Control Intended: It is not the intent of this chapter that control of the design of a planned unit development by the planning commission be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred; rather, it is the intent of this section that the control exercised be the minimum necessary to achieve the purpose of this chapter.

   C.   Recording: A notice of any planned unit development approved by the city, including the designation and preservation of any open space, shall be recorded in the county recorder's office, and shall thereafter run with the land and be binding upon all successors and assigns.

   D.   Amendments: Any planned unit development approved by the planning commission may not be changed or modified in any material way unless an amended planned unit development has been reviewed and approved by the planning commission.

   E.   Decision Of Planning Commission; Appeal: In approving an application, the commission may attach such conditions as it may deem necessary to secure compliance with the purposes set forth in this title. The action of the planning commission may be appealed to the city council as allowed by subsection 13.08.040I of this title. (Ord. 2014-06, 5-1-2014)