Chapter 17.34 — PUD PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

• A. The purpose of the PUD planned unit development district is to provide an overlay zoning which provides for planned development designed to maximize environmental and ownership choices by encouraging flexibility and creativity of design, diversity of building types, open space arrangements, and other aspects of residential and mixed use planning while, at the same time, preserving public welfare, health, and the general intent of the title.

• B. In the PUD district no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided by the plan adopted as part of this overlay district approval.

• (Ord. 695 § 2, 2003)

A planned unit development project requires approval of a PUD zoning overlay which shall include a development plan approval and any related conditions of development as part of the zoning district. Any necessary subdivision submittal shall also be made a part of the development plan package and reviewed by the city at the same time as the zoning proposal. The application for development of a planned unit development zoning shall include:

1. A description of all covenants;

2. Location of all existing and proposed easements;

3. Location and floor plans illustrating the purpose and bulk of buildings and structures;

4. Design criteria and typical elevations;

5. Statement of dwelling unit density, percentage of land coverage, and net buildable acreage;

6. Parking locations and standards of development;

7. General landscaping scheme;

8. Location and general improvement plan for common open space;

9. Location of required public facilities including but not limited to fire hydrants, street lights and pedestrian walks;

10. General schedule of development; and

11. If the land to be developed is proposed to be subdivided, a tentative subdivision map shall also accompany the application for review in accordance with procedures established under this title.

(Ord. 695 § 2, 2003)

The planned unit development district shall be allowed as a combining zone only with R-1, R-2, R-3, RP, C-l, CW and HS districts for development of residential dwelling units and mixed use commercial and residential developments. (Ord. 695 § 2, 2003)

The plan devised by the developer must reflect conformity with the purposes and provisions hereof and be adjudged by the planning commission to provide a pleasing and compatible arrangement of uses, structures and open spaces in relation to other uses, structures and open spaces in the immediate vicinity.

(Ord. 695 § 2, 2003)

There shall be no minimum area which shall be required for application of the planned unit development district. (Ord. 695 § 2, 2003)

The plan may provide for a variety of housing types, including but not limited to single-family dwellings, two-family dwelling, apartments, garden apartments, townhouses, condominium and mixed use units.

(Ord. 695 § 2, 2003)

Percentage of ground area of a planned unit residential development to be occupied by buildings not included in the common open space shall be the same as set forth in the base zone which the planned unit district overlays. (Ord. 695 § 2, 2003)

No building may exceed the maximum height permitted by the base zone which the planned unit district overlays. (Ord. 695 § 2, 2003)

• A. The number of dwelling units to be provided by any plan may not exceed the maximum number of dwelling units permitted by the base zone district which the planned unit district overlays, except where the general plan land use designation would permit more units or pursuant to Section 17.48.030 .

In cases where the land to which the plan relates is divided into two or more adjoining residential districts of differing restriction. In such exceptional cases, the maximum number of dwelling units which may be concentrated on any of the adjoining part of such land shall not exceed the aggregate number of dwelling units permitted on the whole of such land.

• B. In all cases, the calculation of permissible limits of dwelling unit density shall be based on the land area available for development after deducting land required for streets and alleys.

• (Ord. 695 § 2, 2003)

Common open space shall be provided. The amount and location of common open space must be consistent with the purpose of a planned unit residential development and the base zoning district in which it is located. (Ord. 695 § 2, 2003)

The landowner shall give legally enforceable assurances satisfactory to the city that common open space will be properly maintained during the life of the planned unit development. No planned unit development permit shall be granted until such time as such assurances are given. (Ord. 695 § 2, 2003)

Parking shall be provided on the same site as that occupied by the use it is intended to serve and in an amount at least equal to the requirements for dwelling units permitted under Chapter 17.42 . The planning commission may require additional parking where it is deemed necessary for proper development or may grant approval for fewer spaces under a shared parking facilities concept. (Ord. 695 § 2, 2003)

Landscaping shall be provided for parking areas as set forth in Section 17.42.120(M) . In addition, a minimum of five percent of the overall lot square footage shall be provided in landscaping and common yard areas. All landscaping shall be maintained by the property owners in accordance with reasonable standards.

(Ord. 695 § 2, 2003)

Documents, maps and plot plans for the planned unit development shall be filed and recorded with all such city, county and state governmental agencies as required by law and the planning commission. Costs of such filing and recordation shall be borne by the landowner.

(Ord. 695 § 2, 2003)

Application for planned unit development zoning and any related subdivision shall be filed by the landowner or his authorized representative and shall be accompanied by such fees as shall, from time to time, be set or established by resolution of the city council. (Ord. 695 § 2, 2003)

Application for a planned unit development permit, including a development which includes a subdivision, shall be processed as a zoning amendment.

(Ord. 695 § 2, 2003)

The director of public works may issue a planned unit development permit at such time as the zoning amendment is in effect. (Ord. 695 § 2, 2003)

Actual construction shall be commenced within one year after issuance of the planned unit development permit and shall be diligently pursued to completion. In any case where construction has not been commenced within the one-year period, the planning commission may allow a reasonable extension after a written request by the landowner stating due cause for such an extension has been filed with the planning commission. The building official shall not provide a certificate of occupancy for any part of the project until all required documents and related improvements have been completed, including subdivision maps, condominium or stock cooperative documents. Failure to comply with the requirements of this section shall be grounds for revocation of the planned unit development zoning, with reversion to the base zoning, by the city after a public hearing with at least ten days' notice to the landowner. (Ord. 695 § 2, 2003)

Any minor or nonsubstantive change in the approved development plan may be made only after approval of such change by the planning director or the planning commission. Any proposed change shall be clearly portrayed on all copies of the approved plan and submitted to the planning director for review and determination or, at his or her discretion, referred directly to the planning commission for public hearing and decision. Any change or addition of land use (other than accessory uses), common open space area and parking facilities shall require

approval of the commission. All changes to the plan must be compatible with the original plan for land use, traffic circulation and open space, the purpose and intent of this chapter, and with the height and area regulations and parking ratios reflected in the plan originally approved by the planning commission. (Ord. 695 § 2, 2003)

Any decision of the planning commission to grant or deny a planned unit development amendment thereto, may be appealed by affected persons to the city council by submitting written notice to the city clerk within ten days of the action of the planning commission. A copy of such appeal shall be filed with the planning commission. If the decision of the planning commission is to deny the proposed planned unit development amendment thereto, no amendment will be granted without a plurality of concurring votes of the city council. If an appeal is filed in compliance with the requirements of this section, the director of public works shall not issue a planned unit development permit until such time as the council approves or denies the amendment. Any decision of the planning director relating to amendments to the plan may be appealed to the planning commission. (Ord. 695 § 2, 2003)