Prosser City Zoning Code
CHAPTER 18
58 PLANNED UNIT DEVELOPMENT PUD
§ 18.58.010 Purpose.
The purpose of a planned unit development is to provide the opportunity to create a more desirable environment through the application of flexible design and development standards to tracts of land under common ownership or control. Such developments are intended to encourage the use of new and improved techniques in community development and maintenance. A PUD is intended to achieve economies in development and maintenance while providing privacy, usable open space, safe pedestrian and vehicular circulation, and compatible relationships between different uses.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.020 Applicability.
PUDs are permitted in all zoning districts subject to the approval of the city council.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.030 Allowed uses.
A.
All uses may be included in a planned unit development regardless of the zoning district in which located if, in the opinion of the city council, the uses are in keeping with the purposes of this chapter and are compatible with the surrounding area. Generally, nonresidential uses will not be permitted in residential areas unless they are intended to serve the development under consideration.
B.
Where nonresidential uses are proposed, applications to amend the comprehensive plan or for a change-of-zone may be required prior to any approval. Such applications will be considered during the annual review of the comprehensive plan.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.040 Deviations from standards.
Deviations from the requirements of the Prosser Municipal Code will be permitted if, in the opinion of the city council, the health, safety and welfare of the residents of the development and surrounding area will not be adversely affected.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.050 Platting.
Where a proposed PUD requires the creation of individual lots, prior to issuance of any permit, the property must be subdivided in accord with Title 17, Subdivisions. However, if the development is to be constructed in phases, the platting process must follow the same phasing schedule.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.060 Preapplication reviews.
An applicant must first submit the proposed development, in general terms, to the administrator in accord with Title 19, Administration of Development Regulations.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.070 Approval of preliminary plan.
A.
Upon completion of the preapplication review, the applicant may submit a completed application for city consideration. The application must be on a form as supplied by the administrator and contain the information stated thereon as well as the application requirements which accompany the application.
B.
Review of the information, notifications and the like will be in accord with Title 19.
C.
The commission, after the public hearing, will determine if:
1.
The development is consistent with the comprehensive plan and all applicable codes and ordinances;
2.
The development will be compatible with the surrounding area; and
3.
The developer has submitted a time frame within which development will begin and be completed, including the approximate dates of any phasing.
D.
If the commission finds the proposed development is consistent and compatible, they will recommend approval to the city council. Such recommendation for approval may contain conditions assuring the intent of this and other titles are complied with.
E.
The city council, without a public hearing, will review the record of the planning commission and approve, alter the conditions, deny or refer the matter to the commission for further consideration. The reconsideration will not require a public hearing.
F.
Approval of the preliminary development plan will indicate the intention to approve the final plan provided:
1.
The final plan, or the first phase thereof, is submitted for final approval within five years of preliminary approval; and
2.
The final plan or all phases thereof, are in substantial conformance with the approved preliminary plan.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.080 Approval of final plan.
A.
Within five years of receiving approval of the preliminary plan, the applicant must submit a detailed development plan for all or the first phase of the development. Subsequent phases must be in accord with the schedule approved with the preliminary plan, unless otherwise amended by the city council.
B.
The applicant must submit an application with the detailed development plan or each phase thereof. The application must be on a form supplied by the administrator and include the information stated thereon as well as the application requirements which accompany the application.
C.
The administrator and city staff will review the detailed development plan and if in substantial conformance with the approved preliminary plan, the administrator will grant final approval.
D.
No permits will be issued until final approval has been granted.
E.
Any decision of the administrator may be appealed to the city council in accord with Title 19.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.090 Standards and requirements.
The following standards and requirements apply. The city council may establish additional requirements for individual proposals when necessary to secure the objective of this chapter:
A.
The number of allowable dwellings units will be determined by taking the total acreage of the development in each zoning district, subtract the areas for commercial and industrial uses, and any land purchased for public purposes, and divide the remainder by the minimum lot area per dwelling unit as set forth in the underlying district(s). The city council may approve an increase in the allowable housing density if low and moderate income units are included in the plan; provided:
1.
Existing public facilities will not be overloaded; and
2.
Adequate open space will be provided; and
3.
The surrounding area will not be detrimentally affected.
B.
The residential development standards of the underlying R district may be altered. However, such standards must not be altered for that portion of the development which is within one hundred feet of property not in the proposed development.
C.
The commercial development standards of the underlying C district may be altered. However, such standards must not be altered for that portion of the development which is within one hundred feet of property zoned "R" and which is not within the proposed development.
D.
The minimum area of a planned unit development is five acres.
E.
The city council may require assurances that the proposed development, or any phase thereof, will be completed within the time schedule as set forth in the approval of the preliminary plan or in accord with Title 17, as applicable.
F.
The city council may require the dedication of open space in order to insure that such open space will be permanently retained.
G.
Private streets and commons drives must be constructed to minimum city construction standards to insure adequate access for emergency services, utility and other service vehicles.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.100 Modifications.
A.
Significant modifications in the preliminary or final plans, as determined by the administrator, will be considered as a new application and will be reviewed accordingly. Significant modifications include, but are not limited to the following:
1.
Change in use;
2.
Major change in the vehicular circulation system;
3.
Increase in density;
4.
Reduction of open space;
5.
Change in exterior boundaries, except for survey adjustments; or,
6.
Increase in building height for the purpose of adding more floors.
B.
The administrator may approve modifications to the development which are minor and consistent with the approved plan.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.110 Expiration.
If substantial construction has not commenced within five years of the date of approval of the final plan, or any phase thereof, the city council will schedule a public hearing to determine if the development is still in the best interest of the city. If not, approval of the development plan may be considered null and void. For purposes of this section, "substantial development" means the beginning of rough grading of all streets and issuance of required public works permits for utilities.
(Ord. 1917 § 1 (part), 1997)
§ 18.58.120 Appeal.
Appeals will be as provided in Title 19.
(Ord. 1917 § 1 (part), 1997)
