This article applies to planned unit development conditional use permits. A planned unit development (PUD) is a tract of land developed as a unit under single or unified ownership or control and which generally includes two or more principal buildings or uses but may consist of one building containing a combination of principal and supportive uses. A PUD is intended to allow flexibility in the zoning process to encourage innovative land use and development. This article may allow modification to zoning and subdivision requirements such as lot size and dimensions, rights-of-way and street widths, housing types and building setbacks as well as allow private streets and driveways or zero lot line development.

(Ord. No. 1860, § 1860.01, 10-10-2012)

The purposes of this article are:

(a)

To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and/or desirable site characteristics than possible under strict application of zoning and subdivision requirements.

(b)

To meet the goals and policies of the comprehensive plan and adopted master plans of the city while preserving the health, safety, and welfare of its residents.

(c)

To allow for the potential mixture of compatible uses in an integrated and well-planned area.

(d)

To increase public open space or greenways and/or to ensure concentration of open space into more usable areas and preservation or restoration of natural resources.

(e)

To facilitate the economical and efficient provision of streets and public utilities and to prevent development that would burden the existing tax base or in areas without adequate public improvements.

(f)

To facilitate developments that provide a benefit to the city as a whole, through, but not limited to, higher standards of architectural and site design, enhanced or innovative public infrastructure, sustainable design, provision of life-cycle and/or affordable housing, redevelopment or expanded transportation options.

(Ord. No. 1860, § 1860.01, 10-10-2012)

The granting of a PUD conditional use permit does not alter in any manner the existing zoning district classification except that building permits shall not be issued which are not in conformity pursuant to an approved PUD conditional use permit unless it is amended, cancelled or modified. Whenever a question arises concerning the interpretation of this article, it shall be the duty of the planning and zoning commission to ascertain all facts concerning the question and forward all data and a recommendation to the city council for a determination.

(Ord. No. 1860, § 1860.01, 10-10-2012)

Uses not otherwise allowed in the zoning district are prohibited within a PUD unless specific provisions are made and listed in the PUD conditional use permit or conditions of approval. A PUD may include varied and compatible land uses within one defined development. Uses may include:

(a)

Dwelling units in detached, clustered, semi-detached or attached multi-storied structures or combinations thereof.

(b)

Commercial, office and industrial uses.

(c)

Supporting community facilities and institutional uses.

(d)

Parks, recreational facilities and open space.

(Ord. No. 1860, § 1860.01, 10-10-2012)

In any PUD the maximum number of dwelling units allowed shall not exceed the base density identified in the land use districts in the comprehensive plan, except that:

(a)

Density bonuses consistent with the comprehensive plan and any adopted city policies may be granted if the proposed project meets certain objectives of the city as identified in the comprehensive plan. These objectives include but are not limited to affordable housing or other identified housing needs, sustainability, increased open space or greenway development.

(b)

Density transfers within the PUD may be allowed provided the project area is at least 40 acres; however, this area requirement may be reduced when the project provides for the dedication of needed public infrastructure.

(Ord. No. 1860, § 1860.01, 10-10-2012)

Prior to the submission of any plan to the planning and zoning commission, the applicant shall meet with the zoning administrator to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the city staff to facilitate the review.

(Ord. No. 1860, § 1860.01, 10-10-2012)

The concept PUD plan is optional and provides an opportunity for the applicant to submit a plan to the city generally illustrating the proposed development without incurring substantial cost. The process is also intended to allow the city and general public to identify potential issues and concerns at an early stage of project development.

(a)

The property owner or his agent may meet with the zoning administrator to describe the situation, to be advised of the procedures and to obtain an application form.

(b)

The following exhibits shall be required for a concept PUD application:

(1)

Complete application form signed by all property owners.

(2)

All required fees and escrows along with an executed escrow deposit agreement.

(3)

Statement of all property owners of all land included within the proposal and a list of property owners' names and addresses within 500 feet of the outer boundaries of the property and two sets of mailing labels obtained from Washington County or a title or abstract company.

(4)

Location map showing the site in relation to the surrounding area and important elements, including major roadways, public facilities and parks.

(5)

Concept plan(s) or sketch(es) for the proposed project area.

(6)

Written narrative addressing proposed uses, housing types, density, public or private amenities, parks and open space, phasing, timing as well as the experience and financial capacity of the proposed developers. The narrative should address how the city's values, as identified in the comprehensive plan, are incorporated into the design of the overall development.

(c)

The zoning administrator shall forward the application and required exhibits to the planning and zoning commission for review and consideration. A notice of the planning and zoning commission meeting for consideration of the application shall be sent to all property owners within 500 feet of the outer boundaries of the property in question.

(d)

The planning and zoning commission shall review the proposal and report to the city council its comments and suggestions with regard to the concept PUD plan.

(e)

The zoning administrator shall schedule the public hearing and shall cause notice of the time, place and purpose of said hearing to be published at least ten days prior to the date of the hearing in the official newspaper of the city. The notice shall be mailed to the owners of the property within 500 feet of the outer boundaries of the property in question not less than ten days prior to the date of the hearing.

(f)

The city council shall, after receipt and placing on file the report of the planning and zoning commission and zoning administrator, hold a public hearing on the application. The city council shall also review the concept PUD plan and provide feedback to the applicant. The council will not take any formal action to approve or deny the application. No comments, suggestions, remarks or observations made by city staff, the planning and zoning commission or the city council shall be binding on the city for future stages.

(Ord. No. 1860, § 1860.01, 10-10-2012)

(a)

Application procedure. An applicant shall make an application for a PUD conditional use permit following the procedural steps as set forth in article II, division 4, conditional use permits, of this chapter.

(b)

Required exhibits. In addition to the requirements in section 24-41, the following exhibits and written narratives shall be submitted to the zoning administrator by the proposed developer as a part of the application for a PUD conditional use permit:

(1)

Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the PUD regulations, including a list of all deviations from the standard zoning regulations and an explanation as to why these deviations provide a public benefit.

(2)

Explanation of how comments on the concept PUD plan have been incorporated into the design of the general development plan, if applicable.

(3)

General indication of the expected schedule of development including progressive phasing and time schedule.

(4)

Any additional information requested by the city staff, the planning and zoning commission and city council that may be required for clarification of the proposed project.

(c)

Preliminary plat. Unless waived by the zoning administrator, the applicant shall also submit a preliminary plat and all the necessary documentation as required under chapter 21 of all or that portion of the project to be platted. For purposes of administrative simplification, the public hearings required for the PUD conditional use permit and preliminary plat and any potential rezoning of property may be combined into one hearing or may be held concurrently.

(d)

Additional findings. In addition to the criteria and standards set forth in article II, division 4 of this chapter for the granting of conditional use permits, the following additional findings shall be made before the approval of the PUD conditional use permit:

(1)

The proposed PUD is in conformance with any adopted master plan for the project area.

(2)

The PUD is designed to form a desirable and unified environment within its own boundaries.

(3)

The development plan provides for the creation, preservation or restoration of natural resources such as native vegetation, valuable habitat, lakes, streams, wetlands, shorelands, flood plains, woodlands, steep slopes and similar areas.

(4)

The PUD is consistent with the planned and efficient provision of public improvements and would not burden the existing tax base by increasing development or in areas without adequate infrastructure or public facilities.

(5)

The PUD can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses.

(6)

The tract under consideration is under single ownership or control.

(7)

Single-family detached units or clustering of housing units may be allowed as a PUD in areas providing urban services, or in the R-2 estate district, providing parks and open space are an integral part of the plan.

(8)

Each phase of the development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit, and that provision and construction of dwelling units and common open space are balanced and coordinated.

(9)

Common elements proposed as part of the PUD are appropriate for the scale, location, shape, size, density and topography of the development and must be suitably improved for the intended use(s) except that significant natural features may be preserved or restored.

(10)

The project area is at least ten acres in size unless the applicant can show that a PUD of less acreage meets the standards and purposes of the comprehensive plan and preserves the health, safety and welfare of the citizens of the city and that all of the following conditions exist:

a.

The proposal better adapts itself to the physical and aesthetic setting of the site and with the surrounding land uses than could be developed using strict standards and land uses allowed within the underlying zoning district.

b.

The proposal would benefit the area surrounding the project to greater degree than development allowed within the underlying zoning district(s).

c.

The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable higher quality of development than would otherwise occur in the underlying zoning district.

d.

If applicable, the proposal would increase open or green space or ensure the concentration of open space into more workable or usable areas and would preserve the natural resources of the site than would otherwise occur in the underlying zoning district.

(Ord. No. 1860, § 1860.01, 10-10-2012)

(a)

The city council shall review the PUD conditional use permit application. If the PUD is approved by the city council, the zoning administrator shall issue a conditional use permit to the applicant including conditions of approval and record it in the office of the county recorder.

(b)

The applicant shall also submit a final plat for all or that portion to be platted. Such plats may be submitted in smaller increments as may be economical to finance or construct at one time.

(c)

Any final plat shall conform to the approved PUD conditional use permit and approved preliminary plat. This plan shall include any recommended changes by the planning and zoning commission or city council to the original PUD application and original preliminary plat.

(d)

Outlots to be dedicated for park, ponding or other purposes shall be deeded to the city, via warranty deed or other deed as approved by the zoning administrator, before the final plat is released for recording.

(Ord. No. 1860, § 1860.01, 10-10-2012)

(a)

It is the intent of this article that subdivision review under chapter 21 be carried out simultaneously with the review of a planned development under this article.

(b)

The plans required under this article must be submitted in a form, which will satisfy the requirements of chapter 21 for the preliminary and final plats.

(c)

Flexibility of design standards and criteria of chapter 21 may be allowed as part of a planned unit development.

(Ord. No. 1860, § 1860.01, 10-10-2012)

The construction and provisions of all of the common open spaces and public and recreational facilities which are shown on the approved PUD must proceed at the same phase of the construction of dwelling units. From time to time the zoning administrator may review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he or she shall forward this information to the city council, which may modify or revoke the PUD permit.

(Ord. No. 1860, § 1860.01, 10-10-2012)

(a)

All land shown on the approved PUD as common open space must be conveyed to a homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants which restrict the common open space to the uses specified on the PUD conditional use permit, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.

(b)

If a homeowners association is created, the city may require the applicant to submit any required homeowner association documents at the time of the first final plat of development to the city attorney and city staff which explain:

(1)

Ownership and membership requirements.

(2)

Articles of incorporation and bylaws.

(3)

Time at which the developer turns the association over to the homeowners.

(4)

Approximate monthly or yearly association fees for homeowners.

(5)

Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities.

(Ord. No. 1860, § 1860.01, 10-10-2012)

(a)

From time to time the zoning administrator may review PUDs within the city and may make a report to the city council on the status of non-compliance for a particular PUD. If the zoning administrator finds that the development has not commenced within one year after the original approval of the conditional use for the PUD, the zoning administrator may recommend that the city council extend the time or revoke the conditional use permit as set forth in article II, division 4 of this chapter. Prior to cancellation or revocation of this permit, the city council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.

(b)

For additional phases of the PUD, if within five years the project has not progressed, the zoning administrator may recommend that the city council determine what action will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the city council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard.

(c)

Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the zoning administrator if required by engineering or other circumstances not foreseen at the time the PUD was approved.

(d)

Approval of the planning and zoning commission and city council shall be required for other substantial changes such as change in use; rearrangement of lots, blocks and building tracts; significant increase in lot coverage; major change in traffic circulation; or reduction in green space, open space, parking or stormwater management. These changes shall be consistent with the purpose and intent of the approved PUD conditional use permit.

(e)

Any amendment to the PUD shall require the same procedures as for the application for a conditional use permit as set forth in article II, division 4 of this chapter.

(Ord. No. 1860, § 1860.01, 10-10-2012)