Article 18: Planned Unit Development (PUD)................18-1 18.010 Purpose and Effect.................................18-1 18.011 Concept.....................................18-1 18.012 Purpose.....................................18-1 18.013 Effect......................................18-2 18.020 General Provisions...............................18-2 18.021 Applicability...............................18-2 18.022 Permitted Uses and Building Types...........18-2 18.023 Subdivision Concurrent With PUD.............18-2 18.030 Procedures.......................................18-3 18.031 Preapplication Conference Required..........18-3 18.032 Applicant Ownership.........................18-3 18.033 Review Procedure Schedule...................18-3 18.034 Appeals.....................................18-3 18.040 Preliminary Plan Review and Action...............18-4 18.041 Complete Submittal..........................18-4 18.042 Referral for Review.........................18-4 18.043 Criteria for Approval.......................18-4 18.044 Conditions. ................................18-6 18.045 Appeals. ...................................18-6 18.046 Expiration of Preliminary Plan..............18-4 18.047 Staged Development..........................18-4 18.050 Submittal Requirements - Preliminary Plan........18-7 18.051 Preliminary Plan............................18-7 18.052 General Requirements........................18-9 18.060 Final Plan Review and Action.....................18-10 18.061 Complete Submittal..........................18-10 18.062 Determining Review Procedure................18-10 18.063 Criteria for Approval. .....................18-10 18.064 Appeals.....................................18-10 18.065 Agreement to Meet Conditions................18-10 18.066 Filing an Approved Final Plat as Part of a PUD.........................................18-11 18.067 Filing Approved Final Plan. ................18-11 18.070 PUD Development..................................18-11 18.071 Development in Conformity to Approved Final Plan........................................18-11 18.072 Failure to Comply...........................18-12 18.073 Revocation of Development Permit. ..........18-12 18.080 Submittal Requirements - Final Plan..............18-12 18.081 Submittal Requirements......................18-12 18.090 PUD Development Standards........................18-12 18.091 Density Determination.......................18-12 18.092 Residential Development Standards Apply.....18-13 18.093 Indoor Recreation Area......................18-13 18.094 Maintenance of Facilities by Homeowners' Association.................................18-14 18.095 Ownership...................................18-15 18.096 Professional Design.........................18-15 1Article 18: Planned Unit Development (PUD) 18.010 Purpose and Effect 18.011 Concept. The Planned Unit Development is a process of design and review, and the results of this process are variable. The results may include different building types, land divisions and development types. The Base Development Standards of the Zoning Districts, Article 12, and the Base Lot Standards of Land Divisions, Article 17, represent the historic method of insuring a safe, livable and economic community. The Planned Unit Development process is intended to permit development using alternate standards to occur, and yet maintain the safety, livability and economy of the community. 18.012 Purpose. The purpose of the Planned Unit Development process is as follows: (1) To provide an alternate development process and alternate development standards to the Base Development and Lot Standards set forth in Articles 12 and 17 of this Code, and embodied in much of the established areas of the City. (2) To encourage land use and development based upon the unique physical opportunities and constraints of each particular site, so that the outdoor living environment becomes an integral rather than an incidental feature of the design, and the overall appearance and livability of the community is enhanced. (3) To encourage diversity in building types, site arrangement and ownership of real property. (4) To encourage the greatest economic use of the land, and to lower unit development costs, in exchange for better use of open space, more recreational facilities, and greater resource conservation than possible using the Base Standards of this Code. (5) To provide a development product which is equal to or superior to that possible under the Base Standards of this Code. (6) To recognize the need to protect and buffer dissimilar development in the established districts, and to set a good precedent for future development in developing districts. 18.013 Effect. The Planned Unit Development, as finally approved, shall have the effect of varying the Base Development Standards of all Zoning Districts as contained in Article 12 of this Code, and the Base Lot Standards of Partitions and Subdivisions, Section 17.510 of this Code, without need of other variance procedure, but only insofar as indicated in the approved Planned Unit Development Plan and attached conditions. All other provisions of this Code shall apply. 18.020 General Provisions 18.021 Applicability. The provisions of this Section apply to all land within the City Limits or proposed for annexation to the City. For all Planned Unit Developments, no land, interests in land, unit ownership or tax segregation shall be created for sale prior to final approval of the Planned Unit Development. For those Planned Unit Developments including the subdivision or partition of lands, no land, interests in land, unit ownership or tax segregation shall be created for sale prior to final approval of both the Planned Unit Development and the Subdivision or Partition. 18.022 Permitted Uses and Building Types (1) Residential PUD. Uses are permitted consistent with the applicable Zoning District. In addition, open space, playgrounds, recreation facilities, and recreation and community centers are also permitted, but only when serving PUD residents, their families and nonpaying guests, unless otherwise permitted in the applicable Zoning District. Building types are permitted as provided in Section 12.131 of this Code. (2) Commercial or Industrial PUD. Uses are permitted consistent with the applicable Zoning District. (3) Mixed Use Residential/Commercial PUD. Uses are permitted consistent with the applicable Zoning District. 18.023 Subdivision Concurrent With PUD (1) Requirement. For PUD requests involving partitioning or subdividing of land, interests in land, unit ownership, or involving tax lot segregation, a Preliminary Map or Plan and a Final Map or Plat shall be prepared as provided in Article 17 of this Code. (2) Combined Map or Plat. Where practical, the Partition Maps or Subdivision Plats required by the Sections cited in Section 18.023 (1) above may be combined with the PUD Plan required by this Article, provided that all of the submittal requirements for each Section are satisfied. (3) Procedure Type. A concurrent subdivision or partition and Planned Unit Development application shall be processed as a Planned Unit Development, except that the procedure type shall be the highest type required by either Article 17, Lots and Creation of Lots, or Article 18, Planned Unit Development. (4) Criteria. For a concurrent application, the approval, approval with conditions or denial of the PUD Plan shall be based upon the criteria for a Planned Unit Development while the approval, approval with conditions, or denial of the Partition Map or Subdivision Plat itself shall be based upon the criteria for a partition or subdivision, excepting only Section 17.510, Base Lot Standards. 18.030 Procedures 18.031 Pre-application Conference Required . Prior to submitting a Preliminary Plan for review, the applicant shall request a pre-application conference with the Director as provided in Section 3.033 of this Code. 18.032 Applicant Ownership. Application for PUD's may be filed by a person(s) having an equitable interest in the property. The application shall be filed in the name(s) of the recorded owner(s). The applicant shall evidence a full ownership interest in the land, legal title or the execution of a binding sales agreement, prior to final approval of the application. 618.033 Review Procedure Schedule. The procedures are structured to ensure adequate public review for Planned Unit Developments requiring through extensions of streets, requiring changes to the Official Street Map, and located adjacent to a Zoning District of a less dense or less intensive land use, and to expedite all other Planned Unit Development review. PUD applications shall be processed according to Schedule 18.034 Appeals. The final action of the Hearings Officer or Planning Commission on either the Preliminary of Final Plan may be appealed as provided in Section 10.040 or 10.050 of this Code. 18.040 Preliminary Plan Review and Action 18.041 Complete Submittal. Prior to review of the requests, a complete application must be accepted by the Director as provided in Section 3.050 of this Code. 18.042 Referral for Review. As provided in Section 3.071 of this Code, the Director shall distribute copies of the Preliminary Plan to: (1) Applicable School District. (2) Applicable Citizen Participation Committee. (3) Grants Pass Irrigation District. (4) Affected Governmental Agencies and Other Special Districts. (5) Affected Public and Private Utilities. (6) Applicable Site Plan Review Committee. (7) Others, as determined by the Director. Any comments received will be included in the staff report as part of the official record and distributed to the reviewing body. 218.043 Criteria for Approval. The review body shall approve, approve with conditions or deny the request, based upon the following criteria: (1) Development of any remaining contiguous property under the same ownership can be accomplished as provided in this Code. (2) Adjoining land under separate ownership can either be developed or be provided access that will allow its development in accordance with the Comprehensive Plan and this Code. (3) The proposed street plan affords the most economic, safe, efficient and least environmentally damaging circulation of traffic possible under existing circumstances. (4) The Preliminary Plan complies with applicable portions of the Comprehensive Plan, this Code, and State and Federal laws. (5) The project results in an equal or superior product than would have resulted from following the Base Development Standards of the applicable Zoning District, as provided in Article 12 of this Code, or the Base Lot Standards of Land Divisions, as provided in Article 17 of this Code. (6) The proposal results in a balanced exchange: 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; for both, a greater opportunity for housing at all income levels. (7) Potential impacts to adjoining properties have been adequately mitigated through site design and attached development conditions. These conditions include the following protections: (a) All significant sized trees shall be retained and protected during construction. (b) In lieu of 100% retention of significant sized trees, at the time of application the applicant may opt at the applicant's sole discretion, for the following procedure: Sixty percent of the significant size trees are retained, and are protected during construction. The protection shall include the use of fencing to protect the tree out to the drip line with no removal or addition of soil within the drip line area. If the actual or proposed percentage of significant size trees to be retained or protected is less than 60 percent, a Revegetation Fee shall by paid to the City at the time of tentative plat approval. The Revegetation Fee shall be $350 per significant size tree to a maximum aggregate of $2,000 per lot. The City shall place the Revegetation Fee into a special fund to be used for the purchase and improvement of public open spaces within the development. In expending monies from the Revegetation Fund, among other factors, the City shall consider the needs and availability of open spaces in or near the applicant's project. (c) No cuts shall result in retaining walls greater than 15 feet high from the finish grade or slopes that are greater than 50%. (d) No fills shall result in a retaining wall greater than 6 feet in height from the finish grade or slopes that are greater than 50%. (8) All utilities, access ways, open space and recreation areas not dedicated to the public are owned and maintained by a Homeowners' 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. (9) The applicant has demonstrated the ability to finance the project through final completion. (10) If located within the Slope Hazard District, the plan shall meet the criteria listed in 13.123. 18.044 Conditions. Conditions of approval may be attached to the Preliminary Plan by the review body as required to comply with the provisions of this Code or State and Federal laws. Additional conditions may be imposed, but only those conditions necessary to mitigate the impacts resulting from varying Base Development Standards and the Base Lot Standards of this Code. All conditions of approval shall be satisfied prior to Final Plan approval. 18.045 Appeals. The final action of the Director or the Planning Commission may be appealed as provided in Sections 10.030 or 10.040. 18.046 Expiration of Preliminary Plan. Within 18 months following the effective date of approval of a Preliminary Plan, the Final Plan shall be submitted to the Director and shall incorporate any modification or condition required by the approval of the Preliminary Plan. The Director may, upon written request by the applicant, grant an extension of the expiration date of up to six months. Upon granting such an extension, the Director shall make written findings that the facts upon which the approval was based have not changed to an extent sufficient to warrant re-filing of the Preliminary Plan and that no other development approval would be affected. 18.047 Staged Development. When an applicant desires to develop Planned Unit Developments in stages, then the review body may authorize a time for the submittal of the Final Plan and development of various stages. The time period may exceed one year, but in no case shall the total time period for all stages exceed five years without resubmission of the Final Plan for review and approval. Each stage so developed shall conform to the applicable requirements of this Code. Stages developed after one year are subject to modifications in accordance with any changes in the Comprehensive Plan or this Code. For staged development of a PUD involving partitioning or subdivision of land, see Article 17. 18.050 Submittal Requirements - Preliminary Plan 318.051 Preliminary Plan. The Preliminary Plan shall contain the following information: (1) Contour Map and Natural Features Map. (a) Existing contour and natural features map at 2, 5, or 10 foot intervals, as appropriate, drainage, irrigation, 100 year flood plain (showing floodway channel and floodway fringe, as applicable) and other water courses; prominent landforms including slope description at the following intervals: 0% - 15% 35% - 60% 60% + (b) Existing vegetation, showing specific locations of riparian habitats, forest cover, and significant size trees. (c) Significant size trees to be protected and remain during and after construction (d) Fencing to protect the significant size trees out to the drip line. In lieu of fencing, survey tape may be used to cordon off areas that cannot be graded or filled during development. (e) Significant size trees to be removed during the construction of the partition. (2) Buildings and Structures. Location and floor area, size of all existing and proposed structures, and other features including maximum heights, types of dwelling units, and non-residential structures; renderings and elevations of typical structures. (3) Public Areas. The location and approximate size of all areas to be dedicated for public ownership and use, including streets, parks and schools. (4) Open Space: Public, Private and Common. The location and size of all areas for use as outdoor open space. The map shall delineate limits of individually owned lots (private), patio-garden areas for individual unit use (private easement) and all remaining areas to be commonly owned and maintained (public and common). (5) Circulation - Access. The location, widths and material of all areas proposed for vehicle, pedestrian, and bicycle circulation. Statement as to private or public street ownership, and areas proposed for on-street parking, if any. (6) Off-Street Parking. Location and number of required parking spaces. (7) Utilities. Existing and proposed utility systems, including sanitary sewer, storm drains and storm water detention areas, water, fire hydrants, electricity, gas, telephone lines, and cable T.V. Any required public or private easements to be shown on Final Plan. (8) Landscape Plan. A general landscape plan indicating location and amounts of areas to be landscaped, and general landscape material to be used. A specific landscape plan shall be submitted for review and approval prior to issuance of a building permit. (9) Surrounding Land Use. Indicate the relationship between the proposed PUD and the existing and proposed adjacent land uses; provide information showing existing zoning and land and uses within a 250 foot radius from the PUD's perimeter. (10) PUD Perimeter Buffering. Show proposed treatment of the PUD perimeter, including screens, fences, setbacks, windows and walls. (11) Grading Plan. A tentative grading plan indicating cuts, fills, retaining walls and resulting slope steepness. (12) Phasing. If phased development is proposed, the Plan shall show the limits of each phase. Phasing shown on the Plan shall be consistent with the development schedule. (13) Statement of Proposed Financing. A general statement showing commitment of lenders or applicant's ability to finance the project through to completion. 4(14) Solar Standards. Documentation shall be provided indicating that the planned unit development either complies with Solar Setback requirements of Section 22.620 of this Code and the Solar Lot Design Standards of Section 22.630 of this Code, or that applicant proposes to vary these standards through the Planned Unit Development process. 5(15) The City Engineer may require a traffic analysis, as per Section 27.121(3), for any new development to determine the development’s potential impact on the existing transportation system. At a minimum, the impact of development on transportation facility performance shall be mitigated to the standards set forth in Section 27.121(2). 18.052 General Requirements. In addition to the Preliminary Plan, the submittal shall contain the following: (1) Project Intent. A statement describing the objectives to be achieved through the PUD process that cannot be achieved through the conventional land development process. The statement shall include a description of the character of the proposed project and some of the rationale in choosing the development concept. (2) Development Schedule. A statement indicating the approximate construction dates for beginning and ending the project, including any proposed phases of stages of development. (3) Ownership Status. A statement of intention to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc. (4) Land Use Data. A quantitative description of the following: (a) Total Acres Site (Acres) (b) Area Dedicated to Public Right of Way (Acres) (c) Useable Acres Site (Acres - item [a] minus item [b]) (d) Density Factor Used (du/Acre) (e) Maximum Allowable Dwelling Units (du - item [c] times item [d]) (f) Actual Dwelling Units (du) (g) Area Recreation/Open Space (Acres and % Useable Site) (h) Area Impervious Surface (Acres and % Useable Site) 18.060 Final Plan Review and Action 18.061 Complete Submittal. Prior to review of the Final Plan, a complete application must be accepted by the Director, as provided in Section 3.050 of this Code. 18.062 Determining Review Procedure. Within 18 months of Preliminary Plan approval, or not later than the extension date authorized by the Director, a Final Plan shall be submitted to the Director for review. Within 25 days of submission, the Director shall determine whether the Final Plan conforms to the approved Preliminary Plan and conditions, and conforms with the applicable requirements of this Code. If the Director determines that the Plan fails to conform, then the applicant shall be advised and afforded an opportunity to make corrections. When the Final Plan is found to conform, the Plan shall be processed for approval under the Type I procedure. If the Final Plan, even if revised, fails to conform, the Plan shall be processed using the same procedure type as the preliminary plan. 18.063 Criteria for Approval. The Director or Planning Commission shall approve or deny the request based upon the following criteria: (1) Conformance with the approved Preliminary Plan. (2) Compliance with conditions of approval. (3) Adoption of proposed Future Street Plan by the governing body, or conformance with the Official Street Map or previously adopted Street Plan. 18.064 Appeals. The final action of the Director or the Planning Commission may be appealed as provided in Sections 10.030 or 10.040 of this Code. 18.065 Agreement to Meet Conditions. As part of the approving action, the developer must demonstrate to the satisfaction of the review body that all required offsite and onsite improvements and conditions of approval have been satisfied or guaranteed in accordance with the provisions of Article 28, Utility Standards 18.066 Filing an Approved Final Plat as Part of a PUD. If a subdivision of land is included as a part of the PUD, and after obtaining all required approvals and signatures as provided in Section 17.225, the applicant shall: (1) File the Map or Plat with the County Clerk within 30 days. Failure to file within 30 days will render the Final Plat null and void, and will require resubmission of the Preliminary Plat to the Planning Commission. (2) Immediately after Final Plat approval, file a report with the Real Estate Division, Department of Commerce, State of Oregon, pursuant to ORS Chapter 92. (3) File copy of survey with the County Surveyor and City Engineer. 18.067 Filing Approved Final Plan. Within 30 days of final approval of the Final Plan, if units of ownership not involving the subdivision or partitioning of land are to be offered for sale, the applicant shall file a report with the Real Estate Division, Department of Commerce, State of Oregon, pursuant to ORS 92. Failure to file within 30 days shall render the Final Plan null and void, and will require resubmission of the Preliminary Plan to the review body. 18.070 PUD Development 18.071 Development in Conformity to Approved Final Plan. (1) The applicant shall enter into a Development Agreement which binds him, his successors and assigns to the approved Final Plan and development conditions. Deed restrictions shall be recorded by the applicant which will serve to notice future owners and/or developers to the development requirements of the approved Final Plan. (2) The approved Final Plan and authorized staged development schedule shall control the issuance of development and building permits. Minor changes to an approved Final Plan may be authorized by the Director if such changes are consistent with the purpose, general character and attached conditions of the Final Plan. All other changes shall be processed in the same manner as the original application and shall be subject to the same procedural requirements. 18.072 Failure to Comply. Failure to comply with preliminary or final plans, conditions of approval, or staged development schedule, shall constitute a violation of this Code as prescribed in Section 1.060. 18.073 Revocation of Development Permit. In the event of failure to comply with approved plans, conditions of approval, or staged development schedule, the Director shall initiate, and the Planning Commission may revoke a PUD Development Permit as provided in Section 1.062. 18.080 Submittal Requirements - Final Plan 18.081 Submittal Requirements. The Final Plan shall be sufficiently detailed to indicate fully the ultimate appearance of the development, and shall include all information of the Preliminary Plan, plus the following: (1) Detailed building, elevation, and landscaping plans. (2) The size and location of signs. (3) Locations and dimensions of all easements. (4) Plans and profiles for street improvements. (5) Grading and erosion control plans. (6) Copies of legal documents required for dedication or reservation of public facilities, and for the creation of a homeowners' association. (7) When the sale of individual units or parcels of land within a PUD is proposed, the Final Plans shall include adherence to the provision for land divisions, Article 17. 18.090 PUD Development Standards 18.091 Density Determination. (1) Potential Units. Unlike conventional development, which must use public streets for access, a Planned Unit Development may use private streets, and thereby not have to deduct these private rights of way from the total site area prior to determining maximum dwelling units. Increases in actual density of 10% to 20% are often accomplished. The degree to which the applicant benefits from this potential increase in actual density shall depend on the effectiveness of the PUD design in meeting the purpose and approval criteria for the PUD as provided in Sections 18.012 and 18.043. (2) Density Range. The applicant, therefore, has a range to work with in terms of maximum dwelling unit yield. At the low end of the range, applicant deducts actual area utilized for streets (public or private) and then determines potential units. Example: 6 acres (total site area) minus 1.2 acres (streets) equals 4.8 acres (usable site area used to calculate number of units). Multiply 4.8 x 5.5 (density factor for Low Density Comp Plan) = 26.4 units = 26 units. If actual street area is unknown, deduct a normal standard of 20%. At the high end of the range, applicant deducts only the area dedicated for public right of way. Example: 6 acres (total site area) minus .5 acres (public streets) x 5.5 (density factor for Low Density Comp Plan) equals 30.25 units = 30 units. The review body may require density at the low end of the range, or at any intermediate point up to the high end of the range, depending on how well the applicant meets the criteria and purpose of the PUD. Therefore, the applicant has an incentive to pull together the best possible design to achieve his maximum potential units. 18.092 Residential Development Standards Apply. The development standards for residential dwelling units as provided by Article 22 of this Code shall apply to all residential development utilizing the PUD approach. 18.093 Indoor Recreation Area (1) In all Planned Unit Developments having 50 living units or more, indoor recreation area shall be established using the following minimum guidelines: (a) Ten square feet of indoor recreation area for each living unit in the development. (b) Play equipment, athletic facilities, and/or gameroom facilities and equipment in amounts commensurate with the size of the building or room, to be maintained by the property owner or owners' association. (c) At least one restroom for all indoor recreation buildings or rooms under 600 square feet and two restrooms for all indoor recreation buildings or rooms 600 square feet or greater. (d) All indoor recreation rooms and buildings shall be fully lighted, heated and shall meet all uniform building codes and should be designed primarily for the use of the residents of the PUD, their families and nonpaying guests. (e) The off-street parking requirements for recreation rooms and buildings shall be one space per each 150 square feet of floor area. This requirement shall be in addition to any parking required for residents. (2) Alternative to Indoor Recreation Area. The requirement for indoor recreation area may be waived by the review body where increased opportunity for outdoor recreation is provided in addition to the requirements of Section 18.093(1). Such opportunities may include court sports, playgrounds, golf, swimming, or other exceptional treatment of open spaces. 18.094 Maintenance of Facilities by Homeowners' Association (1) Whenever private outdoor living area is provided for the use of all residents of the PUD, whether by common ownership or by easement or other legal device, the review body shall require that an association of owners be created under the laws of the State of Oregon. Owners of subject property shall automatically be members, and shall be subject to assessments levied to maintain the private outdoor living area held in common for the purposes intended, and in a manner meeting the requirements of the City Municipal Code. (2) Prior to and as a requirement of approval of the Final Plan, the City Attorney and the City Engineer shall review and approve the Owners' Association bylaws, articles of incorporation and restrictive covenants and conditions. 1. Revised 3-6-9 2. Revised 5-31-97 3. Revised 5-31-97 4. Revised 1-3-96 5. Revised 9-4-02 6. Revised 4-20-05, Ordinance 5285 18.095 Ownership (1) The property included in a PUD must be in one ownership, joint ownership, or under control of the applicant. (2) Unless otherwise provided as a condition of PUD approval, the applicant may divide and transfer title of phases of units within a PUD provided that either state law regarding condominiums is adhered to, or state and local provisions regarding subdivisions and are adhered to. In both situations, the Preliminary Plan shall include a proposal for the division, as applicable. Any complete phases of a PUD that are partitioned or subdivided and sold must be complete entities in themselves in terms of meeting all open space, recreation, landscaping, parking, public facilities and services, and any other special requirements for PUD's. 18.096 Professional Design (1) The applicant shall certify in writing that each of the following categories of design professionals shall be utilized in the planning process for development: (a) Licensed architect or certified architectural designer. (b) Landscape architect or certified nurseryman, or landscape designer as approved by the Director. (c) Registered engineer or land surveyor. (2) The applicant or his designated representative shall be responsible for conferring with the Director with respect to the concept and details of the Plan.