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12.80.120 Planned Unit Development.

A. Purposes. The purposes of the Planned Unit Development (PUD) application and process are found in CDC Subsection 12.27.500.

B. Where Required. An applicant may request the PUD process for any development project of any size in any zone. However, the PUD process is required in the following circumstances:

1. For any non-residential development projects in the MU-VTC or SCR-V zone;

2. For any non-residential phased development within a light rail zone;

3. For any non-residential development projects within the boundaries of the Witch Hazel Village Community Plan area;

4. For any non-residential development projects in the South Hillsboro Plan District with a site size over 15 gross acres; or

5. For any new development in the SCFI zone.

C. Allowable Uses.

1. PUDs in Residential Zones. In residential zones, PUD concept plan approval allows development of a site with a mixture of uses. The following uses are allowed with PUD approval:

a. All uses permitted or conditionally permitted in the underlying zone;

b. Community recreation facilities or similar uses;

c. Outdoor recreation facilities or similar uses; and

d. Recreational vehicle storage areas.

2. PUDs in Commercial and Industrial Zones. In areas designated Commercial or Industrial on the Comprehensive Plan Map, PUD concept plan approval allows development of a site with mixed uses subject to the following limitations:

a. At least 60% of the PUD area shall be occupied to uses permitted or conditionally permitted by the implementing zones of the Comprehensive Plan designation; and

b. If retail commercial use is not allowed by the base zone, a multi-tenant retail commercial facility or structure under common ownership or common control may be approved in an industrial PUD if the square footage is 15,000 square feet or less.

3. PUDs in the MU-VTC Zone. In the MU-VTC Mixed-Use Village Town Center zone, PUD concept plan approval allows development of a site with a mixture of all permitted, limited, and/or conditional uses in the underlying zone.

D. Phasing. Unless otherwise authorized by the Planning Commission, a phased development may not exceed 5 years between commencement of development on the first and final phases.

E. Procedures. PUD applications are subject to the Type III procedure, as described in Section 12.70.050.

1. Any requests for special adjustments shall be consolidated within the PUD application and shall address the relevant approval criteria in Sections 12.80.156 and 12.80.158.

2. A PUD application that is consolidated with a Land Division application and/or a Development Review application is subject to the Type III procedure, as described in Sec-tion 12.70.050. A separate Land Division and/or Development Review application is not needed if the request is consolidated with the PUD application.

3. A PUD application and a concurrent Development Review application are both subject to the Type III procedure, as described in Section 12.70.050. A PUD application and a concurrent Land Division application may not occur.

4. A PUD application followed by a deferred Land Division application and/or a deferred Development Review application may occur. The deferred Land Division application will be subject to the Type II or Type III procedure, as applicable. The deferred Development Review application will be subject to the Type II procedure.

F. Implementation of Planned Unit Development Concept Plan Approval. A PUD concept plan shall be implemented through either a Development Review approval under Section 12.80.040, a Land Division approval under Section 12.80.096 or Section 12.80.098, or both.

G. Consolidated, Concurrent and Sequential Applications.

1. Applications for PUDs and implementing Land Division and/or Development Review applications may be submitted at the applicant’s discretion as consolidated, concurrent or sequential, and shall be processed as described in Table 12.80.120-1 below:

Table 12.80.120-1:

Consolidated, Concurrent and Sequential PUD Applications

	Consolidated	Concurrent	Sequential
Procedure Type	All applications processed as Type III	Applications may be Type II or Type III as required in Table 12.70.020-1.
Submittal	All applications submitted together	Applications submitted simultaneously or consecutively.	Applications submitted consecutively.
Signature forms	Separate signature forms submitted for each application.
Narrative	Criteria and standards for all applications addressed in single narrative	Criteria and standards for each application addressed in separate narratives.
Plans	Submitted in single package	Submitted in separate packages with applications.
Public Notices	One public notice mailed for all applications; notice references applicable approval criteria and sections for all applications submitted in the consolidated packet.	Public notices mailed either simultaneously or consecutively, dependent on application submittal date and procedure type. Notices cross-reference related applications.	Public notices mailed consecutively. Notices cross-reference related previous applications.
Staff Reports	All applications and issues reviewed in a single staff report.	Applications and issues reviewed in separate staff reports.
Public Hearings	All applications reviewed in a single hearing.	Applications reviewed separately under the applicable process(es) and Review Authority.
Notice of Decision	Single decision issued: may have subsections for each application.	Multiple decisions issued: approvals may be cross-conditioned upon approval of related applications.

2. If the applicant chooses to submit the implementing Development Review application sequentially, the PUD concept plan application must include sufficiently detailed building locations, dimensions, elevations, and building and landscaping materials palettes to clearly establish the standards by which the Development Review application will be reviewed administratively as a Type II application under Section 12.70.040.

H. Planned Unit Development Submittal Requirements. Type III application submittal requirements are set forth in Section 12.70.050 and more specific submittal requirements are provided on application forms and checklists as authorized in Section 12.70.110. At a minimum, a PUD shall include the following:

1. An application form signed by the applicant or applicant’s representative and the property owner or owner’s representative.

2. Payment in full of the appropriate application fee, based on the fee schedule in effect on the date of submittal.

3. An Existing Conditions plan.

4. Concept Plan sets including but not limited to the following:

a. Pedestrian and Vehicle Site Circulation;

b. Development Pattern, including approximate location, acreage, type and density of proposed development, and for any residential development the housing types, unit densities, and generalized lot sizes at their proposed locations on the site;

c. Conceptual architectural designs, including drawings, illustrations and building elevations, with exterior materials board and color palette;

d. Open Space and Natural Resources, including percentage of site area and approximate locations of proposed parks, playgrounds or other outdoor play areas, common areas and usable open space; and natural, historic and cultural resource areas or features proposed for preservation.

5. Preliminary partition or subdivision plat if land division is included in the development proposal.

6. Preliminary phasing plan including infrastructure phasing, if project phasing is proposed.

7. Narrative statements including but not limited to the following:

a. Description, approximate location and timing of each proposed phase of development;

b. Explanation of how the proposed PUD is consistent with the purposes of this section, the intent of the underlying zone, and any applicable Community Plan;

c. A Transportation Planning Rule Compliance analysis pursuant to Section 12.70.230;

d. A Traffic Impact Analysis pursuant to Section 12.70.220;

e. A statement describing the impacts of the proposed development on natural resources and on any resources contained in the City’s Inventory of Cultural Resources within the proposed site;

f. Narrative addressing compliance with partition or subdivision approval criteria if applicable;

g. Narrative addressing compliance with development review approval criteria if applicable;

h. Narrative addressing compliance with adjustment approval criteria if applicable; and

i. Narrative and/or drawings justifying and substantiating the need for variances or adjustments, if requested, to the development and/or design standards of the applicable base zone, overlay zone, or Plan District; and addressing the applicable approval criteria in Subsections 12.80.152.C through E, 12.80.154.C, 12.80.156.C, and 12.80.158.A through M.

I. Development Regulations and Design Standards not Subject to Adjustment. The PUD application process with consolidated Adjustment cannot be used to vary or take an exception from the standards listed in Subsection 12.80.150.C.

J. Concept Plan Approval Criteria. To approve a PUD concept plan, the Planning Commission shall make findings, based on evidence provided, that the following criteria are satisfied:

1. The development concept demonstrates that the PUD has some significant advantages over a standard development allowed under base zoning standards. “Significant advantages” in this context may include, but are not limited to, one or more of the following:

a. The PUD is consistent with the provisions of any applicable adopted Community Plan in the Comprehensive Plan and any applicable plan district in Subchapters 12.60 through 12.66;

b. The PUD protects, preserves, and/or manages areas of significant natural resources beyond the requirements of the base zoning regulations;

c. The general arrangement of proposed uses in the PUD better integrates future development into the surrounding neighborhood, either through more compatible street layout, architectural styles and housing types, or by providing better transitions between the surrounding neighborhood and the PUD with compatible development or open space buffers;

d. Any requests for Adjustments included in the concept plan, including requests for increased density, comply with the applicable standards in Sections 12.80.154, 12.80.156 and 12.80.158 as applicable;

e. Areas of open space, their intended levels of use, and their relationship to other proposed uses in the PUD provide enhanced opportunities for “third place” gathering areas;

f. The PUD features outstanding site design and construction; such as enhanced architectural design and materials; best management practices for on-site storm water management, green building materials, water and energy efficiency, and/or horticultural activities;

g. Site design in the PUD will create a diverse neighborhood including age- or disability-friendly features such as “visitability”; and

h. The PUD features enhanced opportunities for walkability or transit ridership, including separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc.

2. Any adjustment(s) proposed meet the approval criteria for the specific adjustment(s) as set forth in Section 12.80.158.

3. If a preliminary plat was submitted for approval with the PUD concept plan, then the preliminary plat complied with the applicable approval criteria in Subsection 12.80.096.G or 12.80.098.F.

K. Conditions of Approval and Binding Elements. Pursuant to Section 12.70.120, the Review Authority may impose conditions on the approval of the PUD concept plan to ensure compliance with the approval criteria and may also impose conditions of approval on the PUD concept plan regarding changes in detailed site plans or elevations as necessary to insure compliance with Sections 12.50.700, 12.50.800 and/or 12.50.900.

PUD concept approval shall constitute preliminary approval for the proposed development, with final approval implemented in the concurrent or subsequent Development Review approval, Land Division Final Plat approval, or both. However, the PUD approval shall be binding as to the following aspects, which shall not be modified in the implementing approvals:

1. Minimum residential density, minimum floor area ratio and minimum usable open space for the project as a whole;

2. Approximate location and type of permitted uses; and

3. Consistency with the purposes identified in this section.

L. Zoning Map Designation. The boundaries of an approved Planned Unit Development shall be designated and applied to the Zoning Map. A separate Zone Change application is not required to apply the Planned Unit Development Overlay.

M. Appeal of a Decision. Refer to Section 12.70.180.

N. Expiration of a Decision. Refer to Section 12.70.140.

O. Extension of a Decision. Refer to Section 12.70.150.

P. Requests for Adjustments after Concept Development Plan Approval. Requests for variances or adjustments to an approved PUD Concept Development Plan submitted after the original approval shall be processed as a modification to the PUD approval pursuant to Section 12.80.100.

Q. Previously Approved Concept Development Plans Approved as Planned Unit Developments. Any Concept Development Plan approval issued prior to September 4, 2014 shall be considered an approved Planned Unit Development. Subsequent modifications to any such Concept Development Plan shall be processed as PUD modifications under Section 12.80.100. (Ord. 6401 § 1, 2022; Ord. 6393 § 1, 2021; Ord. 6322 § 1, 2019; Ord. 6294 § 1, 2019; Ord. 6250 § 1, 2017; Ord. 6149 § 1, 2015; Ord. 6120 § 1, 2015; Ord. 6110 § 11, 2015)