A. To produce a development which would provide development opportunities not easily achieved from traditional lot-by-lot development while protecting the city’s goals of overall density and character.

B. To allow flexibility which will encourage a more creative approach that will result in a more efficient, aesthetic, and desirable use of open area, while substantially maintaining the same population density and area coverage permitted in the district in which the project is located.

C. To allow flexibility in design, placement of buildings, use of open spaces, circulation facilities, off-street parking areas, and to best utilize the site potential characterized by special features of geography, topography, size and shape. (Ord. 619, 2003)

Planned unit developments may be established on parcels of land that are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this chapter. (Ord. 619, 2003)

Planned unit development projects may be applied for:

A. By the owner of all the property involved, if under one ownership; or

B. Jointly by all owners of the property in the area proposed for the planned unit development project, if there is more than one owner. (Ord. 619, 2003)

In a planned unit development only the following uses are permitted:

A. Residential uses.

B. Recreational facilities including, but not limited to, tennis courts, swimming pools, and playgrounds.

C. Open space uses.

D. Schools, libraries, community halls, and places of worship.

E. Offices, buildings, and facilities required for the operation, administration, and maintenance of any planned unit development and for recreation purposes such as: golf courses, recreation rooms, and vehicle storage areas.

F. Convenience establishments of a commercial and service nature, including delicatessen, coffee shops, convenience stores, restaurants, laundry, and dry-cleaning establishments, beauty shops and barber shops, (but specifically excluding drive-in services gas stations and a repair garage) provided:

1. Such convenience establishments are an integral part of the general plan of development for the planned unit development and provide facilities related to the needs of the prospective residents;

2. Such convenience establishments and their parking areas will not collectively occupy more than one acre per one hundred (100) dwelling units;

3. Such convenience establishments will be located, designed, and operated to efficiently serve frequent trade and to serve the needs of persons residing in the planned unit developments;

4. Such convenience establishments will not, by reason of their location, construction, or operation, have adverse effects on residential uses within or adjoining the district, or create traffic congestion or hazards to vehicular or pedestrian traffic. (Ord. 619, 2003)

Planned unit developments shall comply with the applicable general development standards of Chapters 17.60 through 17.104 of this title. Underlying zoning lot dimensions and areas need not be met in a planned unit development.

A. Site Adaptation. To the maximum extent possible, the plan and design of the development shall assure that natural or unique features of the land and environment are preserved.

B. Lot Arrangement. All lots within the development shall be designed and arranged to have a maximum of two hundred (200) feet walking distance, or frontage on, open space or recreation areas.

C. Density of Development. Permitted density of development in all PUD’s shall be determined in accordance with the following procedures:

1. Determine total gross site area (G.S.A.);

2. Multiply the G.S.A. by .85 to determine the net site area (NSA);

3. Deduct from the N.S.A. Any acres of twenty (20) percent or greater slope that will be developed, proposed commercial areas, and other nonresidential uses to determine net developable site area (NDSA). Open space areas and hillside areas that will be in open space areas are not required to be deducted;

4. Determine maximum density of development in accordance with the appropriate method below:

a. SR district developments: Multiply NDSA by six units per acre.

b. MR district: Multiply NDSA by fourteen (14) units per acre.

D. Amount of Open Space. The required amount of open space or outdoor recreational area shall be at least twenty (20) percent of the gross area.

E. Structure Setback Provisions. Yard setbacks for lots on the perimeter of the project shall be the same as that required for the subject-zoning district. Detached structures shall maintain a minimum side yard setback from interior space lines of three feet or meet the Uniform Building Code requirement for firewalls. A minimum front yard setback of twenty (20) feet shall be required for any garage structure whose opening faces onto a public street. Otherwise the minimum setbacks of the underlying zone do not apply.

F. Zero Side Yard Setback. Zero side yard dwelling units authorized in a planned unit developments shall meet the following use and development standards:

1. Number of Attached Units. No more than six dwelling units, each on a lot held in separate ownership.

2. Yards Adjacent to a Street. This chapter does not relieve the requirements of this title for yards adjacent to a street.

3. Maintenance Easement. As a condition of issuance of a permit for any building having an exterior wall contiguous to a property line, the applicant shall furnish an easement from the owner of the property adjacent to said wall providing for ingress, egress, and use of such adjacent property for the purpose of maintaining, repairing, and replacing the building. Said easement shall be appurtenant to the property on which the building is located and shall be approved as to form by the city attorney and shall be recorded with Yamhill County prior to issuance of the permit.

G. Circulation.

1. Streets within a PUD shall comply with the applicable standards of Chapter 17.64;

2. Roads and pedestrian and bikeway paths shall be an integrated system designed to provide efficient and safe circulation to all users. Developments should be designed to minimize the length of roadway;

3. Pedestrian/bikeways shall be clearly signed and have adequate crossing facilities where warranted.

H. Off-Street Parking. Off-street parking requirements shall be as specified in Chapter 17.68. Parking may be provided on each lot or in clustered parking areas. The city if warranted by reduced lot sizes, type of street, and/or traffic volumes, may require additional off-street parking for guests and recreational vehicles.

I. Utilities. In addition to other requirements set forth herein, the following shall apply:

1. All sewer and water provisions shall be approved by the city before construction of such improvements;

2. All utility services shall be placed underground;

3. Provisions shall be made for fire prevention, including service water lines, non-freeze hydrants, and free emergency access for fire fighting equipment around buildings;

4. Provision shall be made for control of site storm water drainage, as required by Chapter 17.72.

J. Homeowners Association. A non-profit incorporated homeowners association, or an alternative acceptable to the city attorney, shall be required for improving, operating, and maintaining common facilities, including open space, streets, drives, service and parking areas, and recreation areas. The following principles shall be observed in the formation of any homeowners association and shall be reviewed by the city attorney:

1. A homeowners association shall be set up before approval of the final plat, or any portion thereof;

2. Membership shall be mandatory for each homeowner and any successive buyer;

3. The open space restrictions shall be in perpetuity;

4. The homeowners association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;

5. Home owners shall pay their pro rated share of the cost or the assessment levied by the association shall become a lien on the property;

6. The association shall be able to adjust the assessment to meet changes needed;

7. No change in open space use or dissolution of homeowners association shall occur without a public hearing before the planning commission and approval by the city council. (Ord. 619, 2003)

Planned unit developments shall be processed in accordance with the submittal requirements and procedures established in Chapter 17.176. Approval shall only be granted if the requirements of this chapter and all other applicable requirements of this title are met. (Ord. 619, 2003)

A new public hearing shall be required if any one of the following changes is proposed to an approved planned unit development site plan:

A. Increase or decrease of ten (10) percent (or more) in the number of dwelling units.

B. Increase or decrease of ten (10) percent (or more) in the area devoted to open space or recreational space. (Ord. 619, 2003)