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The following performance criteria shall be required of all planned unit developments and shall be addressed by the master plan:

(a) Size of Parcel.

(1) One Acre. Except as provided in subsection (a)(2) of this section, the minimum site size for a planned unit development district shall be one acre.

(2) Less Than One Acre.

(i) Less Than One Acre – Transition Area. Parcels containing less than one acre may be reclassified to a planned unit development district where the Planning Director determines the proposed PUD to be a “transition area,” defined as an area that separates a nonresidential use group classification (O&I, C, or I districts alone or within a PUD) from another nonresidential use group classification or a residential use group classification (R or M districts alone or within a PUD). The determination of the Planning Director may be appealed to the Planning Commission.

(ii) Less Than One Acre – Reuse of Building – Zoning Change. Parcels containing less than one acre may be reclassified to a planned unit development district where the plan includes a reuse of an existing building and the proposed use would require a zoning change to a less restrictive classification. Conditional uses may be allowed as indicated in TMC 18.190.030(a)(2).

(b) Additional Standards and Requirements for Projects on Less Than One Acre.

(1) The use group category assignment of the planned unit development will be compatible with surrounding properties in the neighborhood. Restrictions may be imposed to ensure the proposed use is compatible with surrounding properties or uses.

(2) The density and design of the planned unit development shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land use, and shall be integrated into the neighborhood.

(3) The development shall not have any greater impact on existing streets and utilities than that anticipated for a conventional development of the site.

(4) The development shall not adversely affect views, light and air, and use and enjoyment of neighboring properties any more than would a conventional development.

(5) The master planned unit development plan shall also include building elevations for all structures and details of materials to be used for external construction, when determined necessary by the Planning Director. The determination of the Planning Director may be appealed to the Planning Commission.

(c) Property Owners’ Association. Areas within the planned unit development which are designated as private streets, private utility services, common areas, recreation areas, or other open space set aside for the benefit of tenants and property owners, shall be maintained by the property owners’ association or, in the alternative, property owners within the planned unit development. In the event the property owners’ association or property owners within the planned unit development fail to maintain such areas, the Governing Body may proceed under applicable ordinances and/or resolutions to maintain such areas. All costs incurred by the Governing Body in maintaining such areas shall be assessed against the lots within the planned unit development as provided for by law. Nothing contained herein shall be construed as creating a duty on behalf of the Governing Body to enforce any of the duties, obligations, or responsibilities of the property owners’ association or, in the alternative, individual property owners.

(d) Platting. Building or zoning permits shall not be issued nor any development initiated on any property designated as planned unit development until such time that the property has been platted as a subdivision; or replatted as a subdivision when determined by the Planning Director that conditions and circumstances relating to utility extension and service, street or alley right-of-way, topographic and drainage factors, easements, or vehicular access warrant said replat.

(e) Access.

(1) All drives, lanes, streets, culs-de-sac, and other accessways within the planned unit development shall be owned and maintained by the property owners’ association or owners within the planned unit development unless it is determined by the Planning Commission that there is a public need for local streets and/or major trafficways to traverse the district. In such instances, the traversing streets and/or trafficway right-of-way shall be dedicated by the developer in accordance with the plat subdivision regulations.

(2) All drives, lanes, streets, culs-de-sac and other privately owned accessways providing accessibility to individual structures, buildings, and uses within the planned unit development shall, by the nature and intent of the district, be considered and serve as mutual rights of access for owners, tenants, invited guests, clients, customers, support and utility service personnel and emergency service providers, including law enforcement, fire protection and ambulance services. No gates, structures or other barriers shall be constructed across said accessways which may impede, limit, or restrict the above rights of access.

(3) The site will be accessible from public streets which are adequate to carry the traffic that will be imposed upon them by the proposed development. Streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants, or users of the proposed development. Traffic control signals will be provided without expense to the City when such signals are required to prevent traffic hazards or congestion in adjacent streets.

(4) All drives, lanes, streets, culs-de-sac, accessways, and parking lots shall comply with all applicable provisions of Chapter 18.240 TMC in respect to surfacing, design, screening, lighting, and drainage.

(f) Other Standards. Other developmental standards, requirements, and provisions of applicable jurisdictional units including but not limited to those of public works, fire and water district, law enforcement, utilities, and parks and recreation, and which may not be specifically set forth in this division, shall apply and the master and final planned unit development plans should account for such and reflect a development design accordingly; provided, that variances and waivers are not granted by the appropriate authority. (Ord. 19997 § 2, 5-3-16.)

Cross References:City Council – Mayor, Chapter 2.15 TMC; Fire Department, TMC 2.20.030; Planning and Development Department, TMC 2.20.080; Police Department, TMC 2.20.090; Public Works Department, TMC 2.20.100; Planning Commission, Chapter 2.225 TMC.