Land Use Ord. 01-2005

10.0.10 Purpose.

The purpose of a Planned Unit Development (PUD) is to permit greater freedom and creativity of design in land development than that allowed under a strict interpretation of the zoning and subdivision regulations. The success of a Planned Unit Development is dependent upon the submission of an acceptable plan with assurances that the plan can be successfully carried out. A Planned Unit Development is residential in nature, but it may include compatible cultural, recreational and commercial uses as accessory uses. A Planned Unit Development endeavors to provide:

1. Economic efficiency for the community, buyer and seller.

2. Aesthetic qualities.

3. Common open space, recreation areas and facilities.

4. Convenience in location of accessory uses.

5. Preservation of natural topographical and geological features with emphasis on minimizing soil erosion; conservation of existing surface and subsurface water, and preservation of features that enhance the environment.

6. Dwellings or commercial units may be clustered within the PUD, and they may incorporate detached, semi-detached, attached, single-story, multi-storied, and any combination of the aforementioned structures.

7. Religious, cultural, recreational and commercial uses and purposes may be accommodated within a specific Planned Unit Development when they are accessory to the residential use.

10.0.20 Processing the Application.

1. Procedures.

1. The authorization to proceed with a Planned Unit Development shall be determined through site plan review. The Application shall comply with Section 5.2.10, Site Plan Submission Requirements.

2. Site Plan Review shall be processed under the application and hearing procedure set forth in Section 5.0.50. The provisions of Chapter 10 and Sections 5.0.30 and 5.0.40 shall apply.

3. Depending upon the proposal for marketing of the land, subdivision or partitioning procedures may be required in addition to the site plan review addressed in this section.

4. Substantial design changes in approved plans shall be approved under the same procedures outlined in this section.

2. Concurrent Processing. Any application for discretionary permits for one development applied for under this section shall be processed concurrently with other permits under this ordinance at the applicant’s request, and using procedures set forth in Section 8.0.40 Consolidated Application Procedure.

10.0.30. Criteria for Site Plan Approval.

The Planning Commission shall make findings relative to the following in making its decision:

A. Economic Viability. The applicant has demonstrated the soundness and economic viability of the proposal and an ability to carry out the project as proposed.

B. Purpose. The proposal will accrue benefits to the City and the general public in keeping with Section 10.0.10 Purpose.

C. Impacts. The Planned Unit Development is designed and located in a manner that will provide minimal adverse impacts upon adjacent and surrounding developments.

D. Recreational Amenities. Parks, recreation facilities or open space amenities exist and are proposed to be sufficient.

E. Compliance with Chapter 5. Section 5.2.10 provides site plan application procedures. Section 5.0.30 Criteria for Conditional Use Permit Approval and Section 5.0.40, Supplemental Approval Criteria are applicable.

F. Compliance with City Design Standards.

1. The proposal complies with the requirements of the City of Glendale Public Works Design Standards and Section 9.3.10 Design Standards except where specifically modified by the Planning Commission.

2. Utilities are proposed to be placed underground except where there has been a waiver by the Planning Commission.

7. .Modifications. All modifications to dimensional standards and design standards have been approved by the Planning Commission in compliance with Section 10.0.50(H) Modifications.

H. Compliance with State Regulations. Applicants shall comply with ORS 92 when there is a division of land. Applicants shall indicate their intent to comply with regulations administered by the Oregon Real Estate Agency including ORS 94 when developing a planned community, and ORS 100 when developing condominiums.

I. .Changes from Approved Preliminary Site Plan. Minor changes in the site plan for a Planned Unit Development may be allowed by the Planning Commission following approval of the preliminary site plan without a public hearing. Minor changes are any changes that are not within the description of a major change. Major changes include any changes in proposed boundary lines, lot lines, proposed uses, locations or widths of streets or accesses, utility easements or other utility plans, increases in density of land use or in the amount of land designated for any specific use, changes in perimeter landscaping or fencing treatment, or changes in conditions or modifications that were made part of the Planning Commission’s approval. Major changes may only be considered by the Planning Commission at a public hearing utilizing the criteria and development standards within Chapter 10. The City Manager, the Planning Commission and/or the City Council have the authority to require a public hearing prior to approving changes to the site plan whether or not the changes are defined as minor or major.

10.0.40 Accessory Uses.

In addition to accessory uses typically authorized in conjunction with the primary uses and uses typically allowed by the zone, accessory use for a Planned Unit Development may include commercial use, golf course development, private parks, lakes or waterways, recreation areas, recreation buildings, and other accessory structures that are approved by the Planning Commission to serve the Accessory use. Provisions of Sections 4.0.110 and 4.0.120 shall not apply.

10.0.50 Development Standards.

1. Density. The overall residential density of the Planned Unit Development shall conform with the density range of the zone in which it is located.

2. Underground Utilities. In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar facilities shall be placed underground by the developer unless waived by the Planning Commission.

3. Easements. The Planning Commission or City Council may require easements necessary for orderly extension of public utilities to future adjacent developments.

E. Common Areas and Structures.

1. At least twenty (20) percent of the land area shall be dedicated or reserved as common usable ‘outdoor living’ and ‘open space’ exclusive of required parking. At least one-half of the common open space must be contiguous.

2. Lands and structures not dedicated to the public, but reserved for use by owners or tenants and their guests, shall be subject to an association of owners or tenants created to form a non-profit corporation under the laws of the State of Oregon or to a City-approved public agency that agrees to maintain the common open space,

streets, access drives, service and parking areas, recreation areas and any buildings, structures, or other improvements that are common areas or facilities.

3. Such association of owners or tenants shall be set up before approval of the final plat or any portion of such, and no common areas and structures may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use through the same process that was used to approve the development. Any changes in boundaries of lot lines shall be subject to the vacation procedures set forth in Chapter 13 of this ordinance, and replat procedures set forth in ORS 92.

4. Membership in any association of owners or tenants shall be mandatory for each homeowner and any successive buyer.

5. Open space restrictions shall be in perpetuity.

6. The owner’s association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

7. Homeowners or tenants shall pay their prorated share of the cost ,or the assessment levied by the association shall become a lien on the property. Covenants governing the use, improvement, and maintenance of the common areas and structures shall authorize the City to enforce their provisions, using liens or assessments to pay the cost to the City of enforcement.

8. The association shall be able to adjust the assessment to meet changes as needed.

F. Landscaping Plan. A detailed landscaping plan indicating location and type of plant materials, location of irrigation system and maintenance provisions shall be approved.

G. Flood Areas, Hazard Areas, Riparian Areas. Areas subject to flooding or natural hazards, and riparian areas shall be considered, and where appropriate, maintained as open space.

H. Modifications. The Planning Commission may authorize modifications to the dimensional standards of the underlying zoning district, to parking lot design standards, or to the design of public streets and alleys subject to the following limitations.

1. Modifications Identified. Each proposed modification shall be separately identified, combined with an explanation of why the modification meets one or more of the purposes of the Planned Unit Development as stated in Section 10.0.10 Purpose.

2. Modifications Limited. Modifications are limited to the restrictions and

design standards listed within this section.

3. Setbacks. Minimum lot size, front, side and rear yards and lot width shall not be regulated specifically by the zoning district, but will be determined during the site plan review.

4. Layout of Properties and Lot Coverage. Layout of the Planned Unit Development will be based on density, fire and life safety, access to sunlight, the relationship of buildings to each other and to adjacent properties.

5. Streets.

a. Local streets may be modified with respect to length, width, intersection standards, grades, curve radii, turnarounds, easements, street lighting, sidewalks, curbs and driveway approaches, provided they allow adequate access for fire protection and emergency access as determined by the Fire Chief within the Planned Unit Development. Local streets may be dedicated to the public or remain in the ownership of the owners’ association.

b. The Planned Unit Development shall not impede the continuance, nor shall it modify the standards of any existing street that has been identified in the City’s Comprehensive Plan as a street to be extended in order to allow for the future growth of the City.

c. No modifications shall be allowed for collector or arterial streets.

6. Parking Lot Standards. Parking lot design standards shall be of equivalent or better structural quality with respect to installation and construction than that required by Section 4.0.80 Off-Street Parking and Off-Street Loading Requirements of this ordinance and by the City of Glendale Public Works Design Standards adopted by the City Council.

7. Building Height. The maximum building height shall not exceed those building heights prescribed in the zone in which the Planned Unit Development is proposed, except that a greater height may be approved if surrounding open space within the Planned Unit Development, building setbacks, and other design features are used to avoid any adverse impact due to the greater height and provided that fire equipment is capable of serving all facilities.

8. Walkways. Sidewalks will not be required adjacent to private streets; however, the overall plan for the Planned Unit Development shall include an acceptable pedestrian circulation system.

9. Other Modifications. Modifications which do not meet the specific criteria of Section 10.0.50(H) must comply with the procedures and specifications of Section 9.3.30 Modification of Provisions.

10.0.60 Construction Plans and Improvements.

A. Engineering construction plans, profiles, details and specifications for all public

facility and utility improvements shall be prepared by an Engineer registered in the

State of Oregon and approved by the City prior to construction.

2. Except where specifically authorized by the Planning Commission at the time of approval, all public facilities and utilities shall be designed and constructed in accordance with the City of Glendale Public Works Design Standards and Section 9.3.10 Design Standards.

3. The procedures for engineering design, plan approval and inspection, and bonding requirements shall be those set forth in Section 9.0.60 Criteria for Final Plat Approval of Partitions and Subdivisions.