10.190 Planned Unit Development (PUD) – Application and Approval Provisions

10.190 Planned Unit Development (PUD) – Application and Approval Provisions.

(1) Purpose and Intent of PUDs. The PUD approach permits flexibility to allow creative and imaginative urban development that would otherwise not be possible under the strict requirements of this code. The intent is to promote more efficient use of urban land and urban services while protecting natural features, creating common open space, promoting the development of transit-oriented design along designated transit corridors and within designated transit-oriented development (TOD) areas, and encouraging a mixture of land uses and housing types that are thoughtfully planned and integrated.

Planned unit developments over 20 acres in size, approved before January 1, 2021, must allow the construction of duplexes on any undeveloped lot, per the provisions listed in OAR 660-046-0010 to 660-046-0235 as related to the construction of middle housing, unless otherwise approved or modified by the PUD plan. PUDs approved on January 2, 2021, or after must allow the development of all middle housing types.

(2) PUD Stepped Process. Consolidated Applications Authorized: Approval of a PUD shall be a two-step process involving approval of a Preliminary PUD Plan by the Planning Commission as a Type III land use action as the first step and approval of a Final PUD Plan by the Planning Director as a Type I land use action as the second step. As used in Sections 10.190 through 10.194, the Planning Director shall mean the Director of the Medford Planning Department or their designee. Except applications for annexations and comprehensive plan amendments, applications authorized in Article II may be consolidated with an application for a Preliminary PUD Plan per Section 10.114.

(a) An application for Preliminary PUD Plan shall be on forms supplied by the City. A complete application shall include the materials and information listed in this Subsection. However, the Planning Director, in their discretion, may waive the submittal of any of the materials or information that are deemed to be excessive, repetitive or unnecessary based upon the size and nature of the PUD. Unless waived by the Planning Director, the following items shall be required to constitute a complete application for a Preliminary PUD Plan:

(i) Current assessor map with the boundaries of the proposed PUD identified.

(ii) Preliminary PUD Plan (16 copies) and supplemental materials conforming to the Site Plan and Architectural Review application requirements in Section 10.200(10). Additionally, such plans shall include preliminary plans for providing public water and sanitary sewer service. The Preliminary PUD Plan shall indicate boundaries within the property which distinguish areas devoted to different land uses pursuant to Subsections 10.190(3)(a)(iii)(F), 10.192(2)(g) and 10.230(D)(8). Where different land uses are separated by streets, railroad rights-of-way, drainage channels or other water courses, the centerlines of such features shall be their boundaries. One copy of the Preliminary PUD Plan shall be a reduced size suitable for photocopy. If a tentative plat for a land division is submitted concurrently with a Preliminary PUD Plan, the Preliminary PUD Plan and tentative plat shall be on separate sheets. It is further provided that:

(A) Unless otherwise required in this Code, architectural plans for single family detached dwellings and landscaping plans for lots occupied by single family detached dwellings are not subject to review or approval as part of a PUD. However, nothing shall prevent an applicant from supplying architectural or landscaping plans for single family detached housing as a means to comply with one or more approval criteria.

(B) If private or non-city standard street lighting is proposed, a street lighting plan shall be provided which provides a detail of the proposed lighting fixture(s). The Preliminary PUD Plan shall indicate the location of proposed private or non-city standard light fixtures.

(C) An applicant may postpone the submission and approval of architectural plans for proposed buildings and to have such plans approved later as a separate matter under Subsection 10.192(9) after the Preliminary PUD Plan has been approved. When the approval of architectural plans has been postponed, the Preliminary PUD Plan shall show a conceptual footprint for each planned building and each building footprint shall be separately enclosed by a dashed line which shall be called and labeled a building envelope. Building envelopes shall reasonably anticipate and define the maximum extent of the footprint for each building in the PUD.

(iii) A narrative description of the PUD which shall cover:

(A) The rationale for planning this development as a PUD.

(B) The nature, planned use, future ownership and method of perpetual maintenance of land to be left in natural or developed open space or which will be held in common ownership.

(C) A listing of all modified applications of the Code that are proposed, followed by a brief explanation which covers the nature of, extent of, and reason for each modification.

(D) If one or more signs are intended to vary from the provisions of this Code, then a detailed plan for all signs which require a sign permit shall be submitted. The sign plan shall specify the size, number, type, height and location of all signs which require a sign permit and shall clearly indicate all proposed modifications.

(E) A proposed development schedule. If the PUD will be constructed in phases, the development schedule for each phase shall be keyed to a plan that indicates the boundaries of each phase.

(F) The gross acreage devoted to the various proposed land uses and housing types.

(iv) Written findings of fact and conclusions of law which address the approval criteria in Subsection 10.190(4)

(v) The names and mailing addresses of the owners of record of tax lots, obtained by the latest tax rolls of the Jackson County Assessor’s Office shall be submitted in accordance with the noticing requirements listed in Section 10.124-1.

(vi) A conceptual stormwater facility plan with associated landscape plan, if applicable, pursuant to Sections 10.486(2) or 10.729(2).

(vii) Documentation of pre-submittal PUD Neighborhood Meeting. Documentation shall include:

(A) A copy of a Certificate of Mailing for the neighborhood meeting notification mailing pursuant to Section 10.194(3);

(B) A completed Verification of Neighborhood Meeting form attesting to the contents of the materials provided or reviewed at the meeting;

(D) The signature sheet(s) from the Neighborhood Meeting.

(b) An applicant may postpone the submission and approval of architectural plans for proposed buildings and to have such plans approved later as a separate matter under Section 10.192(9) after the Preliminary PUD Plan has been approved. When the approval of architectural plans has been postponed, the Preliminary PUD Plan shall show a conceptual footprint for each planned building and each building footprint shall be separately enclosed by a dashed line which shall be called and labeled a building envelope. Building envelopes shall reasonably anticipate and define the maximum extent of the footprint for each building in the PUD.

(c) Extended Notification Area, PUD. The application for Preliminary PUD Plan shall include the names and mailing addresses of the owners of record of tax lots, obtained by the latest tax rolls of the Jackson County Assessor’s Office, in accordance with the noticing requirements listed in Section 10.124-1.

(4) Approval Criteria for Preliminary PUD Plan. The Planning Commission shall approve a Preliminary PUD if it concludes that compliance exists with each of the following criteria:

(a) The proposed PUD:

(i) preserves an important natural feature of the land; or

(ii) includes a mixture of residential and commercial land uses; or

(iii) includes a mixture of housing types in residential areas; or

(iv) includes open space, common areas, or other elements intended for common use or ownership; or

(v) is otherwise required by the Medford Land Development Code.

(b) The proposed PUD complies with the applicable requirements of this Code, or

(i) the narrative describes the proposed modified standards of the Code and how they are related specifically to the implementation of the rationale for the PUD as described in the application, and

(ii) the proposed modifications enhance the development as a whole resulting in a more creative and desirable project, and

(iii) the proposed modifications to the limitations, restrictions, and design standards of this Code will not materially impair the function, safety, or efficiency of the circulation system or the development as a whole.

(c) The property is not subject to any of the following measures or if subject thereto the PUD can be approved under the standards and criteria thereunder:

(i) Moratorium on Construction or Land Development pursuant to ORS 197.505 through 197.540, as amended.

(ii) Public Facilities Strategy pursuant to ORS 197.768 as amended.

(iii) Limited Service Area adopted as part of the Medford Comprehensive Plan.

(d) The location, size, shape and character of all common elements in the PUD are appropriate for their intended use and function.

(e) If the Preliminary PUD Plan includes uses not allowed in the underlying zone pursuant to Subsection 10.192(2)(g)(iii), the applicant shall alternatively demonstrate that either:

(i) Demands for the Category “A” public facilities listed below are equivalent to or less than for one or more permitted uses listed for the underlying zone, or

(ii) By the time of development the property can be supplied with the following Category “A” public facilities in sufficient condition and capacity to support development of the proposed use:

(A) Public sanitary sewerage collection and treatment facilities.

(B) Public domestic water distribution and treatment facilities.

(D) Public streets.

Determinations of compliance with this criterion shall be based upon standards of public facility adequacy as set forth in this Code and in goals and policies of the comprehensive plan which by their language and context function as approval criteria for comprehensive plan amendments, zone changes or new development. In instances where the Planning Commission determines that there is insufficient public facility capacity to support the development of a particular use, nothing in this criterion shall prevent the approval of early phases of a phased PUD which can be supplied with adequate public facilities.

(f) If the Preliminary PUD Plan includes uses proposed under Subsection 10.192(2)(g)(iii), approval of the PUD shall also be subject to compliance with the conditional use permit criteria in Section 10.184.

(g) If approval of the PUD application includes the division of land or the approval of other concurrent land use applications as authorized in Subsection 10.190(2), approval of the PUD shall also be subject to compliance with the substantive approval criteria in Article II for each of the additional land use applications.

(5) Conditions of Preliminary PUD Plan Approval. If the Planning Commission approves a Preliminary PUD Plan, in addition to conditions of approval authorized under Section 10.200(6), it may attach conditions to the Preliminary PUD Plan approval which are determined to be reasonably necessary to ensure:

(a) The Final PUD Plan will be substantially consistent with the approved Preliminary PUD Plan and specifications related thereto.

(b) Development of the PUD will be consistent with the approved Final PUD Plan and specifications related thereto. To ensure satisfactory completion of a PUD in compliance with the approved plans, the Planning Commission may require the developer to enter into an agreement with the City as specified under Section 10.200(9).

(c) The PUD will comply with the Comprehensive Plan, the Medford Municipal Code and all provisions of this Code except the specific provisions for which there are approved modifications.

(d) There are appropriate safeguards to protect the public health, safety and general welfare.

(e) There will be ongoing compliance with the standards and criteria in this Section.

(f) To guarantee that streets, public facilities and utilities can be appropriately extended from one PUD phase to each successive future phase in accordance with the approved Preliminary PUD Plan, the City may require the conveyance of easements or other assurances.

(6) Expiration of Preliminary PUD Plan Approval. Preliminary PUD Plan approval shall be valid for three years and may not be extended. The three-year period shall begin the date the Final Order approving the Preliminary PUD Plan is signed by the Planning Commission Chairperson. If a Preliminary PUD Plan is appealed, the three-year period shall begin on the date on which all appeals are resolved, including the resolution of all issues on remand. Within the three-year time period, an application for a Final PUD Plan must be filed for the entire site or for the first phase if the PUD has been approved for phased development.

(7) Time Limit Between PUD Phases. After Final PUD Plan approval for the first phase of a PUD having approved multiple phases, and for each successive phase thereafter, no more than five years shall lapse between the approval of phases. If more than five years pass between the Final PUD Plan approval of any two PUD phases after the first phase, the Planning Commission may, without the consent of the owner(s) of the PUD, initiate action to terminate undeveloped portions of the PUD under Section 10.198(2).

(8) Binding Effect; Previously Approved PUDs. A PUD Plan approval shall run with the land and shall be binding upon all successors in interest in all land within the whole PUD. It is further provided that a Preliminary PUD Plan approval shall remain in full force and effect unless the approval expires or is terminated by action of the City pursuant to Section 10.198(2). Preliminary plans submitted prior to the adoption date of this ordinance, and final plans resulting from those preliminary plans, are subject to the regulations for PUDs in effect at the time the preliminary plan application was submitted.