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Ord 2520 - Planned Unit Developments amendments to the WDOCOUNCIL BILL NO. 2964 ORDINANCE NO. 2520 AN ORDINANCE MAKING CERTAIN TEXTUAL AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE REGARDING PLANNED UNIT DEVELOPMENTS WHEREAS, the Woodburn Development Ordinance ("WDO") was originally adopted by the City Council in 2002; and WHEREAS, on May 11, 2009, the City Council approved a Focus Group to review the provisions of the WDO and recommend improvements to the entire ordinance; and WHEREAS, both procedural and substantive amendments have previously been enacted; and WHEREAS, the Planned Unit Development ("PUD") provisions of the WDO were reserved by the City Council for further consideration; and WHEREAS, the Woodburn Planning Commission conducted workshops and public hearings on the PUD amendments and forwarded them to the City Council, with a unanimous recommendation of approval; and WHEREAS, the City Council conducted a workshop concerning the PUD amendments on June 9, 2014 where there was an opportunity to discuss these legislative amendments and; WHEREAS, on June 23, 2014, the City Council conducted a public hearing and unanimously voted for staff to prepare an ordinance making these textual amendments; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The text of Section 3.09 of the WDO is amended as set forth in Exhibit A. Section 2. The text Section 4.02.09 of the WDO is amended as set forth in Exhibit B. Section 3. The text Section 5.01.07 of the WDO is amended as set forth in Exhibit C. Page 1 - Council Bill No. 2964 Ordinance No. 2520 Section 4. The text Sections 5.03.06 and 5.03.07 of the WDO is amended as set forth in Exhibit D. Approved as to form: Passed by the Council 01.`yvd-11��D City Attorney Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: PLPl Slyl--� Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2964 Ordinance No. 2520 J041 30, gory 2v)/ 2bi 4 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. 3.09.01 Allowable Types and Minimum Area of PUDs 3.09.02 Allowed Uses 3.09.03 Density Transfer 3.09.04 Conceptual Development Plan 3.09.05 Detailed Development Plan 3.09.06 Development Standards 3.09.07 Modifications to an Approved Detailed Development Plan 3.09.08 Nullification 3.09.09 Owners/Tenants Association 3.09.10 Phasing 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site, but not to increase the overall number of dwelling units allowed on the site. Note: This development option is often called cluster housing. 2. There is no minimum site area for a Transfer of Density PUD. B. Residential PUD A Residential PUD shall consist entirely of property zoned RS, RSN, RIS, or P/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. C. Mixed -Use PUD A Mixed -Use PUD may consist of property in any zone or zones. A Mixed -Use PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Mixed -Use PUD shall contain a minimum of three acres. Woodburn Development Ordinance Section 3.09 Page 161 EXHIBIT A 3.09.02 Allowed Uses A. Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses, and multiple -family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed -Use PUD Any use allowed in any zone shall be allowed in a Mixed -Use PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. 2. Mixed -Use PUDs are limited to a maximum of one third of the gross area of the non -district uses. There shall be no net increase of commercial or industrial area. Example: Commercial or industrial uses are limited to one third of the gross area of a residential zone. Residential uses are likewise limited to one third of the area of a commercial or industrial zone but are unrestricted in a residential zone. Industrial uses shall be separated from residential uses (whether within the PUD or outside it) by at least 30 feet, except for one dwelling unit in conjunction with an industrial use, as allowed by Table 2.04A. 3.09.03 Density Transfer A. Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site. Up to 40 percent of the density may be transferred, except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan, an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area. The area must be permanently posted with a sign reading, "This common area is available for use by the public." E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount, quality, and variety of the enhanced landscaping or buffering. Woodburn Development Ordinance Section 3.09 Page 162 EXHIBIT A F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent, the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental, sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount, quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood, existing site conditions, general development areas, phasing, land uses, building envelopes, architectural theme, landscaping and buffering, streets, bicycle and pedestrian circulation, common areas, utility locations, sign theme, and other information the Director may deem necessary to convey the concept plan. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. No building, grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.13). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed. A Detailed Development Plan shall provide specific information regarding the site layout, architecture, and proposed amenities. A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase, or that does not meet the standards of this Section shall not be approved. The applicant may request that the decision -maker approve such a plan as an amended Conceptual Development Plan. 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Woodburn Development Ordinance Section 3.09 Page 163 EXHIBIT A Variance. Any standard that is not proposed for modification shall apply to the PUD. The development standards stated below shall not be modified through the PUD process. A. Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed -Use Common Four or fewer dwelling units All undevelopable site area Area, Five or more dwelling units, or 30 percent of gross site area, including all Minimum nonresidential uses undevelopable site area i Improved Four or fewer dwelling units None Common Five or more dwelling units 100 square feet per dwelling unit Area, Minimum Nonresidential uses None None None Residential Density, Minimum (units per net 5.2 5.2 5.2 2 acre) Multiple -family 16 16 16 dwelling Child care facility, Residential Density, group care facility or 32 3 32 3 32 3 Maximum (units per nursing home Manufactured 12 12 12 net acre) dwelling park Any other use Not specified 4 Not Specified 4 Not specified 4 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children, group home for six or more persons. 4. The maximum density is determined by setbacks, off-street parking, open space, and other requirements. B. Improved Common Area Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. Woodburn Development Ordinance Section 3.09 Page 164 EXHIBIT A C. Streets A PUD shall conform to and, where possible, enhance existing or planned vehicle, pedestrian and bicycle networks, including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations), 7-3 (Pedestrian Plan), and 7-4 (Bicycle Plan) of the Transportation System Plan. 2. All streets shall be public. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04, or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b. include sidewalks, and c. are constructed to the specifications of the Public Works Department. D. Parking If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on -street parking or by a common off-street parking lot. E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. 2. The standards of the Mixed Use Village (MUV) zone shall apply to commercial uses in the residential zones of a Mixed -Use PUD. 3.09.07 Modifications to an Approved Detailed Development Plan A. The Director may administratively approve minor modifications to an approved Detailed Development Plan. B. Major modifications are those that propose to change the proposed uses, increase density, relocate buildings, parking, or access points, reduce common area or the amenities provided in improved common area, or, in the opinion of the Director, are more than minor modifications. Major modifications to an Approved Detailed Development Plan shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. 3.09.08 Nullification A. Nullification of a PUD shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. The burden of proof is on the applicant to justify nullification of the PUD, giving substantial evidence that: Developing the property under conventional standards and regulations will not create nonconforming development; 2. Special circumstances, such as building relationships, drainage ways, public Woodburn Development Ordinance Section 3.09 Page 165 EXHIBIT A improvements, topography, and so forth that were to be addressed through the PUD can be dealt with as effectively with conventional standards; Conditions of approval of the PUD can be met with conventional standards, or are no longer necessary; and 4. No prior commitments involving the property (such as density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development) were made that would adversely affect the property, other properties, or the City. 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants, shall be subject to control by an association of owners or tenants. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. B. Phases shall be functionally self-contained with regard to access, parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. Woodburn Development Ordinance Section 3.09 Page 166 EXHIBIT A 4.02 Review, Interpretation and Enforcement 4.02.09 Reapplication Limited If the application is denied or withdrawn following the close of the public hearing, no reapplication for the same or substantially similar proposal may be made for one year following the date of the final decision. 2. This Section shall not apply to Conceptual Development Plans for Planned Unit Developments (Section 3.09.04). Woodburn Development Ordinance Section 4.02 Page 207 EXHIBIT B 5.01 Type I (Administrative) Decisions 5.01.07 Planned Unit Development (PUD), Final Plan Approval A. Purpose: The purpose of this review is to ensure that the Final PUD Plan is in substantial conformance with the conditions of the PUD Detailed Development Plan approval. B. Procedure: 1. The Director shall determine whether the Final PUD Plan conforms to the PUD Detailed Development Plan approval, including all conditions and other applicable State statutes and City ordinances. 2. The Director shall determine that all public facilities are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). 3. The Director shall approve the Final PUD Plan if it is in substantial conformance with the requirements of this Section. a. The PUD, including the CC&R's, is in compliance with conditions of the initial PUD approval. b. The PUD final plat is complete and accurate and the property has been surveyed and monumented in compliance with State Statutes (ORS Chapter 92). 4. If the Director determines that the final plat does not conform, the applicant shall be advised by written notice. The applicant shall have 30 calendar days to correct the plat. 5. The final plat and the CC&R's shall be recorded with Marion County within 30 calendar days of signature. Acceptance by the City of the land dedicated to the public by means of a plat occurs upon the recording of the plat. 6. Building permits can be issued for the subject property upon recording of the final plat. Woodburn Development Ordinance Section 5.01 Page 214 EXHIBIT C 5.03 Type III (Quasi -Judicial) Decisions 5.03.06 Planned Unit Development (PUD), Conceptual Development Plan Approval A. Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards, while at the same time meeting the overall intent of this Ordinance (Sections 2 and 3). PUDs are governed by Section 3.109. B. Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property, or adversely affect the efficient development of any adjoining land or access thereto. 2. That the proposed development is served with City streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands, these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas, these measures shall be documentation as approved by the Public Works Department, ensuring that streets and building sites are on geologically stable soil, considering stress and loads. 5. If phased, that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. 6. That the requested flexibility in development standards is justified by commensurate public benefits. 7. That the proposed PUD is compatible with surrounding developments and neighborhoods. 8. That the tentative plan complies with all applicable provisions of this ordinance. 5.03.07 Planned Unit Development (PUD), Detailed Development Plan Approval A. Purpose: The purpose of this Type III review is to ensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance (Sections 2 and 3) and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. Woodburn Development Ordinance Section 5.03 Page 228 EXHIBIT D B. Criteria: 1. The Detailed Development Plan shall substantially conform to the approved Conceptual Development Plan, including conditions of approval. 2. The Detailed Development Plan shall refine and make specific the Conceptual Development Plan. 3. The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. 4. The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. Woodburn Development Ordinance Section 5.03 Page 229 EXHIBIT D