To allow flexibility to encourage creative approaches in the development of land resulting in an efficient, aesthetic, and desirable use of open area, while substantially maintaining, and possibly intensifying, the density and area coverage permitted in the district in which the project is located. Flexibility may be achieved through building placement, use of open space, traffic circulation, off-street parking areas, and utilization of the site's special features of geography, hydrology, topography, natural vegetation, soils, size and shape. (4/17)

The following applicability standards govern planned unit development proposals: (4/17)

A.

Area. Planned unit developments may be established on parcels of land which are of sufficient size to be planned and developed in a manner that is consistent with this chapter. (4/17)

B.

Zones. A planned unit development may be located in any zoning district except the Public (P) Zone. (5/98)

C.

Process. All planned unit developments shall comply with the submittal, review criteria, and platting requirements within section 3.108. (4/17)

A.

Common open space. A minimum of 20 percent of the gross area shall be devoted to common open space, and at least ½ of the common open space must be managed in a natural state or developed with high-quality vegetation, as defined in section 2.311.05(B)(6). The common open space shall be designated on the development plan and must comply with the provisions in section 2.311.05. (4/17)

B.

Lot area. The minimum lot area, width, depth, frontage, and yard requirements otherwise applying to individual lots in the zone in which a planned unit development is proposed do not apply within a planned unit development and do not require a concurrent variance to vary from the requirements in the underlying zone. (4/17)

C.

Accessibility. All lots or buildings shall be able to access open space or recreation areas from within the planned unit development. Access may be by roadway or pedestrian/bicycle access way. (5/98)

D.

Structure setback provisions. Street-side, garage entrance, and building setbacks for lots on the perimeter of the planned unit development shall be the same as that required for the underlying zoning district. Detached structures shall have no minimum side yard setback but must meet the Oregon State Building Code requirements. Otherwise, the minimum setbacks of the underlying zone do not apply. (4/17)

E.

Attached dwellings. Buildings sharing common walls are permitted within a planned unit development. (5/98)

F.

Height. The maximum building height shall not exceed the building height in the underlying zone in which the planned unit development is proposed, except that a greater height may be approved if surrounding open space within the planned unit development, building setbacks, and other design features are used to avoid adverse impact of the greater height. (4/17)

G.

Street dedication. Except for private streets allowed under section 2.302, all streets shall be dedicated to the public. (4/17)

H.

Streets. All streets shall be designed and constructed as specified according to its appropriate street classification as identified in section 2.302. (4/17)

I.

Parking. Parking in accordance with the provisions of section 2.303. (7/25)

J.

Walkways. Sidewalks shall be developed in accordance with applicable provisions in section 2.302. The overall plan for the planned unit development shall include an acceptable pedestrian circulation system and must demonstrate compliance with current pedestrian safety standards. (4/17)

K.

Utilities. Development of the property shall comply with utility and storm drainage provisions as outlined in the public works departments design standards and constructions specifications. (4/17)

L.

Homeowners association. A homeowners association shall be required and is subject to the provisions in section 2.311.06. (4/17)

(Ord. No. 2025-895, § 1(exh. A), 7-7-2025)

A.

Density requirement. Except as noted in B below, the overall residential density of the planned unit development shall conform with the density range of the zone in which it is located. (4/17)

B.

Density bonus permitted. A density bonus may be provided when the percentage of open space within the planned unit development is increased. The bonus shall permit a 2.5 percent increase in the maximum dwelling density for each percentage point increase of open space above the minimum 20 percent requirement, up to a 50 percent maximum density increase as calculated and applied to the entire area of the PUD. (4/17)

C.

Density bonus restrictions. If the city finds that any of the following conditions would be created by an increase in density permitted by this section, it may either prohibit any increase in density or limit the increase in density by an amount which is sufficient to avoid the creation of any of these conditions: (5/98)

1.

Unsafe access to the planned unit development. (5/98)

2.

Traffic congestion in the streets that adjoin the planned unit development. (5/98)

3.

An excessive burden on sewerage, water supply, parks, recreational areas, or other public facilities that serve or are proposed to serve the planned unit development. (5/98)

A.

Open space. Common open space shall be designed to provide for a combination of active and passive recreational uses appropriate to the character and scale of the PUD. Common open space may include open areas, recreational space, pedestrian and bicycle trails, natural or landscaped buffer areas, and buildings associated with recreational or community purposes of the planned development but shall not include street improvements or any right-of-way area. (4/17)

B.

Open space requirements. No area may be designated as common open space within a planned unit development unless it meets the following requirements: (4/17)

1.

The location, shape, size, and character of the common open space is suitable for the planned unit development. (5/98)

2.

The common open space is for amenity or recreational purposes and the uses authorized are appropriate to the scale and character of the planned unit development, considering its size, density, expected residential population or work force, topography, and the number and type of structures provided. (5/98)

3.

Common open space will be suitably improved for its intended use, except that common open space containing natural features may be left unimproved and remain in a natural state. Priority should be given to preserving land in a natural state which contains wetlands, is located within a riparian area, or other sensitive natural resource as identified by the city. The structures and improvements to be permitted in the common open space must be appropriate to the uses that are authorized for the common open space. Such improvements shall be made by the developer prior to final approval of the planned unit development, or must be assured by an improvement agreement, bond, or other instrument in a form acceptable to the city attorney. (4/17)

4.

A development schedule which coordinates the improvement of the common open space and the construction of facilities in the common open space with the construction of buildings in the planned unit development shall be required. (4/17)

5.

If structures or other improvements are to be made in the common open space, the developer shall provide a bond or other adequate assurance that the structures and improvements will be completed. The city shall release the bond or other assurances when the structures and other improvements have been completed according to the development plan. (4/17)

6.

As used herein, the terms "natural state" or "high-quality vegetation" require the following: (4/17)

a)

A multilayer canopy structure of large trees, small trees, and shrubs to provide rainfall interception and shade the site, and to exclude invasive vegetation species. (4/17)

b)

Trees shall be planted at a ratio of two evergreens to one deciduous tree to provide a mix similar to native forests. (4/17)

c)

Vegetation shall be spaced appropriately at the time of planting and proper cultural maintenance shall be provided to ensure the planting develops into a healthy urban asset that reduces stormwater impacts. (4/17)

d)

Only passive recreation amenities such as pathways or picnic areas may be provided within these areas. (4/17)

C.

Open space management. Land designated on the final development plan as common open space shall be conveyed under one of the following options: (4/17)

1.

To a city approved public or private agency that agrees to maintain the common open space and any structures or other improvements that have been placed on it. (4/17)

2.

To an association of owners or tenants, created under the laws of the state, which shall adopt and impose bylaws and adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to the city as providing for the continuing care of the space. Such an association shall be formed and continued for the purpose of maintaining the common open space. The association bylaws and covenants and restrictions shall be approved by the city attorney and shall reasonably provide for the continuing care of the common elements. (4/17)

D.

Use of open space. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use; however, change of use may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved. (5/98)

E.

Enforcement authority. If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space shall authorize the city to enforce their provisions, using liens or assessments to pay the cost to the city of enforcement. (5/98)

A.

Owners association required. A nonprofit incorporated owners association, or an alternative acceptable to the city attorney, shall be required for improving, operating, and maintaining common facilities, including open space, private streets (if allowed), drives, service and parking areas, and recreation areas. The following principles shall be observed in the formation of any owners association and shall be reviewed and approved by the city attorney: (4/17)

1.

An owners association shall be established before recording of the final plat. (4/17)

2.

Membership shall be mandatory for each homeowner and any successive buyer. (5/98)

3.

The open space restrictions shall be in perpetuity. (5/98)

4.

The owners association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities. (5/98)

5.

Homeowners shall pay their prorated share of the cost or the assessment levied by the association shall become a lien on the property. (5/98)

6.

The association shall abide by all applicable local, state and federal laws, to include the Fair Housing Act, the Americans with Disabilities Act (ADA) and other regulations. (4/17)

7.

The association shall be able to adjust the assessment to meet changes needed. (4/17)

8.

No change in open space use or dissolution of owners association shall occur without Type II process as identified in section 3.1. This action may be initiated by the city. (4/17)

In addition to the accessory uses typical of the primary uses authorized by the zoning district, accessory uses approved as a part of a planned unit development may include the following uses: (4/17)

A.

Golf course. (5/98)

B.

Private park, lake, or waterway. (5/98)

C.

Recreation area. (5/98)

D.

Recreation building, clubhouse, or social hall. (5/98)

E.

Other accessory structures or uses which the city determines is designed to serve primarily the occupants of the planned unit development and is compatible with the design of the planned unit development. (4/17)

A new application and public hearing shall be required, consistent with the provisions of section 3.108 if any one of the following changes is proposed to an approved planned unit development site plan: (4/17)

A.

Increase or decrease of ten percent (or more) in the number of dwelling units. (5/98)

B.

Increase or decrease of ten percent (or more) in the area devoted to open space or recreational space. (5/98)

A request that does not include A or B above may require a new application and hearing under state or local subdivision laws. (4/17)