Klamath Falls City Zoning Code
ARTICLE 12
PLANNED UNIT DEVELOPMENT PUD
§ 12.360 Purpose.
The purpose of the Planned Unit Development Zone is to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large-scale, community planning. The Planned Unit Development Zone serves to encourage developing as one project tracts of land that are sufficiently large enough to allow a site design for a group of structures and uses. Furthermore, the planned unit development provides the flexibility necessary to facilitate the desired mixing of residential, commercial and industrial uses in accordance with appropriate development and use standards. It should either promote a harmonious variety or grouping of uses, or utilize the economy of shared services, to take into account the following:
A.
Advances in technology and design;
B.
Recognition and resolution of problems created by increasing population density;
C.
Creation of a comprehensive development, superior to that resulting from traditional lot-by-lot land use development, in which the design of the overall unit permits increased freedom in the placement and uses of buildings and the location of open spaces, transportation facilities, off-street parking areas and other facilities;
D.
Maximizing the development potential of sites characterized by special features of geography, topography and shape; and
E.
Compatibility with the surrounding environment. The height and bulk characteristics of buildings may vary as long as the ratio of site area to dwelling units and openness of the site will be in harmony with the area in which the proposed development is located. This zone is designed to combine various types of land uses, such as single-family residential developments, multiple housing developments, professional and administrative areas, commercial centers, industrial parks, public facilities, through the adoption of a development plan and text materials which set forth land use relationships and development standards.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.365 Principal uses permitted.
The following uses are permitted in a Planned Unit Development Zone:
A.
Those uses designated on the development plan for the particular Planned Unit Development Zone as approved by the Council; and
B.
Existing land uses, which existed on the property prior to the adoption of the final planned unit development plan, shall either be incorporated as part of the plan or shall terminate in accordance with a specific abatement schedule approved as part of the plan. Existing land uses which are prohibited by any provisions of Chapters 10 to 14 shall be terminated prior to approval of the final planned unit development plan.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.370 General requirements.
The following provisions shall apply to all planned unit developments:
A.
To develop a planned unit development, an applicant must obtain the following approvals: conceptual PUD plan pursuant to Sections 12.372 to 12.378; final PUD plan pursuant to Sections 12.380 to 12.383; design review pursuant to Section 12.390; and land divisions pursuant to Section 12.395.
B.
Within two years after approval of a conceptual PUD plan, the final PUD plan shall be approved in accordance with Sections 12.380 and 12.383.
C.
If desired by the developer, the following uses shall be considered a conditional use in any district in which they are allowed:
1.
Public facility.
2.
Telecommunication facility, Chapter 14, Article 18 (Telecommunications).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.372 Conceptual PUD plan application requirements.
An application for a conceptual PUD plan shall be made and processed in accordance with the procedural provisions of Chapter 11, Article 7 (Change of Zone). The approval criteria for the conceptual PUD plan are set forth in Section 12.378. In addition to the requirements of Chapter 11, Article 7 (Change of Zone), the conceptual PUD plan application, in formats approved by the Director, shall include drawings, plans, reports, schedules, development standards and such other documents deemed necessary by the Director:
A.
A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all persons whose consent is necessary and their interest in the premises issued not more than 30 days prior to submission of the application.
B.
A written statement of development standards within the conceptual PUD plan for all proposed land use designations. Standards shall include permitted uses, lot coverage, lot sizes, structure setbacks, structure heights, and structure sizes.
C.
A general land use map demonstrating: the locations of the proposed land use designations within the subject property and the approximate acreage of each; and the existing uses of the surrounding properties.
D.
A topographic map of the property and conceptual grading and erosion control plans meeting the planning level review requirements of the Public Works Engineering Standards.
E.
The type and character of structures and the number of dwelling units per acre proposed for residential development in each residential district.
F.
A map showing the general location of all proposed public facility sites and the approximate area of each.
G.
A preliminary report, overall plan and map describing the proposed access and circulation patterns, including vehicle, bicycle, pedestrian and transit, if applicable. The preliminary report shall include the general location of State highways, major arterials, major collectors, and minor collectors and shall address all applicable sections of the Transportation Planning Rule (OAR 660-012-0000).
H.
A preliminary report, overall plan and map meeting the planning level review requirements of the Public Works Engineering Standards and describing the proposed provisions for storm and other drainage, sewage disposal, water supply and such other public improvements and utilities.
I.
A map showing the phases, if development is to be in phases, and a schedule of the proposed order of the development of each phase.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.375 Decision of Council.
Council shall review the conceptual PUD plan and approve, conditionally approve, disapprove or refer it back to the Commission for further study and recommendation.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.378 Criteria of approval for conceptual PUD plan.
The following criteria shall be considered and incorporated into the findings and decision for the conceptual PUD plan:
A.
The land proposed for a PUD shall contain a minimum of five acres of land area unless the City Council finds that the property is otherwise suitable due to its unique location, character, topography or other natural features, and is of sufficient size to be planned and developed in a manner consistent with the intent of this section.
B.
Development of remaining contiguous property under the same ownership can be accomplished as provided in Chapters 10 to 14.
C.
For connectivity with adjoining land under separate ownership, Council may require access through the proposed PUD that will allow the development of the adjoining land in accordance with the Comprehensive Plan and Chapters 10 to 14.
D.
The conceptual PUD plan complies with applicable portions of the Comprehensive Plan, Chapters 10 to 14, State and Federal laws.
E.
The conceptual PUD plan results in a superior development than what would have resulted from following the base development standards of the applicable zoning district, as provided in Chapter 12. The proposal should balance the following interests: for the developer, flexible development standards, maximum land utilization and alternate ownership options; for the community, greater preservation of natural features and natural resources, greater proportions of useable open space and recreation facilities.
F.
Potential impacts to adjoining properties have been adequately mitigated through site design and proposed development conditions.
G.
All privately-owned utilities, access ways, open space and recreation areas shall be owned and maintained by a homeowner's association or other acceptable private legal entity with the responsibility for and capability of adequate maintenance and care of such facilities, to the satisfaction of the City Attorney and City Engineer.
H.
The applicant has demonstrated the ability to finance the project through final completion.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.380 Final PUD plan submittal requirements.
The final PUD plan shall be submitted within three years of the adoption of the conceptual PUD plan and approved within four years of the adoption of the conceptual PUD plan. All development proposed in the final planned unit development shall comply with the conceptual PUD plan as approved and adopted by the Council. An application for a final PUD plan shall be made and processed in accordance with the procedural provisions of Chapter 11, Article 7 (Change of Zone). The approval criteria for the final PUD plan are set forth in Section 12.383. In addition to the requirements of Chapter 11, Article 7 (Change of Zone), the final PUD plan application, in formats approved by the Director, shall include drawings, plans, reports, schedules, development standards and such other documents deemed necessary by the Director. The final PUD plan shall consist of drawings, plans, reports, schedules and development standards outlining the following information:
A.
A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all persons whose consent is necessary and their interest in the premises issued not more than 30 days prior to submission of the application.
B.
A written statement of development and design standards within the final PUD plan for all proposed land use designations. The standards shall define the permitted uses and shall contain information concerning requirements for building site coverage, setbacks, building and structure heights, building line designations, off-street parking, vehicular access, signing, lighting, storage, screening and landscaping and any other standard pertinent to the development.
C.
A general land use map demonstrating: the locations of the proposed land use designations within the subject property and the approximate acreage of each; and the existing uses of the surrounding properties. The map shall show the phases, if development is to be in phases, and a schedule of the proposed order of the development of each phase shall be included.
D.
A topographic map of the property and conceptual grading and erosion control plans meeting the requirements of the Public Works Engineering Standards.
E.
A map showing the general location of all proposed public facility sites and the approximate area of each. A report, overall plan and map meeting the requirements of the Public Works Engineering Standards and describing the proposed provisions for storm and other drainage, sewage disposal, water supply and such other public improvements and utilities.
F.
A final report, overall plan and map describing the proposed access and circulation patterns, including vehicle, bicycle, pedestrian and transit, if applicable. The report shall include the general location of State highways, major arterials, major collectors, and minor collectors and shall address all applicable sections of the Transportation Planning Rule (OAR 660-012-0000).
G.
Schematic drawing showing the type, prospective location and general bulk of all intended structures.
H.
Schematic drawing showing type, location and expected gross land areas of all districts.
I.
For all residential units, residential unit size and number of units for all buildings.
J.
Stipulations for improvement, continuing maintenance and management of any private streets, private ways or common open space not intended to be dedicated for public use.
K.
Certification blocks for the Director, owner(s) and developer(s) signatures.
L.
A legal description of the property prepared and signed by a registered land surveyor with seal affixed. If the property is part of a recorded plat, a reference to the plat may be used.
M.
The final PUD plan shall be submitted electronically and on one or more sheets of paper measuring 18 inches by 24 inches in size or a two-inch multiple, but in no case shall the plan exceed 42 inches in width at a scale of one inch equals 100 feet. The scale may be decreased but shall be done so in multiples of 10. The plan shall contain a date, a directional indicator and a written and graphic scale. Written materials may be incorporated within the final PUD plan or may be submitted in bound volumes measuring eight and one-half inches by 11 inches in size.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.383 Criteria of approval for final PUD plan.
The following criteria shall be considered and incorporated into the findings and decision for the final PUD plan:
A.
The land proposed for a PUD shall contain a minimum of five acres of land area unless the City Council finds that the property is otherwise suitable due to its unique location, character, topography or other natural features, and is of sufficient size to be planned and developed in a manner consistent with the intent of this section.
B.
Development of remaining contiguous property under the same ownership can be accomplished as provided in Chapters 10 to 14.
C.
For connectivity with adjoining land under separate ownership, Council may require access through the proposed PUD that will allow the development of the adjoining land in accordance with the Comprehensive Plan and Chapters 10 to 14.
D.
Multi-use paths are incorporated into the planned unit development plans.
E.
The final PUD plan complies with applicable portions of the Comprehensive Plan, Chapters 10 to 14 and State and Federal laws.
F.
The final PUD plan results in a superior development than what would have resulted from following the base development standards of the applicable zoning district, as provided in Chapter 12. The proposal should balance the following interests: for the developer, flexible development standards, maximum land utilization and alternate ownership options; for the community, greater preservation of natural features and natural resources, greater proportions of useable open space and recreation facilities.
G.
Potential impacts to adjoining properties have been adequately mitigated through site design and proposed development conditions.
H.
All privately-owned utilities, access ways, open space and recreation areas shall be owned and maintained by a homeowner's association or other acceptable private legal entity with the responsibility for and capability of adequate maintenance and care of such facilities, to the satisfaction of the City Attorney and City Engineer.
I.
The applicant has demonstrated the ability to finance the project through final completion.
J.
The final PUD plan shall include designation of common open space. Common open space, either dedicated to the public or privately maintained, within a PUD must meet the following requirements:
1.
The location, shape, size and character of the common open space are suitable for public use;
2.
The common open space is intended for recreational purposes or provides an amenity such as wildlife and scenic viewing opportunities, and the uses authorized are appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography and the number and type of dwellings provided;
3.
Common open space will be suitably improved for its intended use, except that common open space containing natural features, deemed suitable by Council for preservation may be left unimproved. The buildings, structures and improvements to be permitted in the common open space must be appropriate to the uses, which are authorized for the common space;
4.
The development schedule, which is part of the development plan, coordinates the improvement of the common open space and the construction of buildings and other structures in the common open space with the construction of residential dwellings in the PUD; and
5.
If buildings, structures or other improvements are to be made in the common open space, the developer provides a bond or other adequate assurance that the improvements will be completed. The City shall release the bond or other assurances when the buildings, structures and other improvements have been completed according to the development plan.
K.
The final PUD plan shall state how the common open space shall be maintained using one of the following options:
1.
Conveyance to a public agency which agrees to maintain the common open space and buildings, structures or other improvements.
2.
Conveyance to a nonprofit corporation of owners, created as under the laws of Oregon, which shall be formed and continued for the purpose of maintaining the common open space. The corporation shall adopt and impose a declaration of covenants and restrictions on the common open space that is acceptable to Council to provide for the continuing care of the space.
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.385 Amendments.
Any proposed amendment to an adopted final PUD plan shall be accomplished by following the procedures and meeting the criteria of Chapter 11, Article 7 (Change of Zone), Section 12.380 (Final PUD plan submittal requirements), and Section 12.383 (Criteria of approval for final PUD plan).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.390 Improvements.
Prior to any improvements as shown within the final PUD plan as approved, a design review shall be conducted in accordance with Chapter 11, Article 3 (Design Review).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
§ 12.395 Land divisions.
Prior to any land divisions within an approved PUD, a partition or subdivision shall be conducted in accordance with Chapter 11, Article 10 (Land Partitioning) or Chapter 11, Articles 12 and 13 (Tentative Subdivision Plan and Final Subdivision Plats).
(Ord. 17-10, 2017; Ord. 22-13, 2022)
