Chapter 19.450
MASTER PLANNED DEVELOPMENTS
Sections:
19.450.120 Review and approvals process.
19.450.140 Applicability of the land use district standards.
19.450.150 Applicability of design standards (Article III).
19.450.160 Overlay zone and concept plan submission.
19.450.170 Overlay zone and concept plan approval criteria.
19.450.180 Administrative procedures.
19.450.190 Detailed development plan submission requirements.
19.450.200 Detailed development plan approval criteria.
19.450.210 Development review and building permit approvals.
19.450.100 Purpose.
The purposes of this chapter are to:
A. Implement the neighborhood development standards of Article II of this title, by providing a means for master planning large development sites;
B. Encourage innovative planning that results in more mixed use development, improved protection of open spaces, and greater housing and transportation options;
C. Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified living environments;
D. Facilitate the efficient use of land;
E. Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;
F. Preserve to the greatest extent possible the existing landscape features and amenities, that may not otherwise be protected through conventional development;
G. Encourage energy conservation and improved air and water quality. (Ord. 6-2001 § 1)
19.450.110 Applicability.
The master planned development designation is an overlay zone which may be applied over any of the city’s land use districts. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. In addition, the city may require that the following types of development be processed using the provisions of this chapter:
A. Subdivisions required to conform to the master planned neighborhood development standards of Chapter 19.30 FMC (Residential District).
B. Business parks, industrial parks or other large developments when phased over a multiyear period. (Ord. 6-2001 § 1)
19.450.120 Review and approvals process.
A. Review Steps. There are three required steps to planned development approval:
1. The approval of a planned development overlay zone and concept plan;
2. The approval of a detailed development plan; and
3. The approval of a preliminary subdivision plat(s) and/or site design review application(s).
B. Approval Process.
1. The master planned development (PD) overlay zone and concept plan shall be reviewed together using the Type III procedure in FMC 19.413.030, the application requirements in FMC 19.412.020, and the decision process in FMC 19.413.030.
2. The detailed development plan shall be reviewed using the Type III procedure in FMC 19.413.030 to ensure substantial compliance with the approved concept plan.
3. Preliminary subdivision plats and site design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by FMC 19.413.020 (this variation from the standard procedures of Chapter 19.420 FMC, Site Design Review, and Chapter 19.430 FMC, Land Divisions, is intended to streamline review for projects which have received the required planned development approvals).
4. The steps in subsections (B)(1) through (B)(3) of this section may be combined in any manner, so long as the decision-making sequence follows that in subsection A. Notification and hearings may be combined. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.450.130 Allowed uses.
A. In the Residential District(s). In the residential district the following uses are allowed outright when they are included in an approved master planned development:
1. All uses allowed outright in the underlying land use district;
2. Single-family detached and attached residential units;
3. Duplex and triplex residential units;
4. Multifamily residential units;
5. Manufactured homes;
6. Neighborhood commercial uses;
7. Public uses, as determined during master plan review;
8. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use;
9. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and
10. Recreational vehicle storage area.
11. Conditional uses shall require a conditional use permit, in accordance with Chapter 19.440 FMC (except that the following “conditional uses” may be permitted by right when approved as part of the master planned development: (reserved for list)).
B. In the Town Center District. In the TCC district, all of the uses permitted outright in the district are allowed within a master planned development. In addition, the ground-floor restriction on residential uses on individual city blocks shall not apply if ground floor residential uses occupy no more than 50 percent of the ground floor space in the entire development (i.e., all blocks).
C. In the Industrial or Commercial Districts. In I and C districts, a planned development shall contain only those uses allowed outright in the underlying district. (Ord. 6-2001 § 1)
19.450.140 Applicability of the land use district standards.
A. Land Use District Standards. Master planned developments shall conform to the provisions of the underlying land use district, as follows:
1. Density, Floor Area, Building Size. The density, floor area, and building size standards of the district shall apply. The floor area standards may be increased by up to 25 percent, if balanced by social or environmental benefits useful to the community as a whole;
2. The lot area and dimensional standards of the district may not apply;
3. The lot coverage standards of the district shall apply;
4. Building Height. The maximum building height standard shall apply; and
5. Setbacks.
a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the underlying district, unless increased through the master plan review;
b. The side yard setback provisions may be reduced except that all detached structures shall meet Uniform Building Code requirements for fire walls; and
c. Front yard and rear yard setback requirements of the underlying district shall not apply to structures on the interior of the project except that:
i. A minimum front yard setback of 15 feet is required for any garage structure which opens facing a public or private street;
ii. A minimum front yard setback of eight feet is required for any garage opening facing an alley.
B. Other Provisions of the District. All other provisions of the land use district shall apply, except as modified by this chapter.
C. More than One Overlay Zone. When more than one overlay zone applies to the development, and standards conflict between the overlay zones, the more restrictive standards shall apply (i.e., those which afford the greatest protection to identified resources and amenities, compatibility between land uses, etc.). (Ord. 6-2001 § 1)
19.450.150 Applicability of design standards (Article III).
The design standards of Article III apply to all master planned developments. Variances shall conform to the standards and procedures of Chapter 19.520 FMC, Variances. (Ord. 6-2001 § 1)
19.450.160 Overlay zone and concept plan submission.
A. General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by FMC 19.413.030. In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.
2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed.
3. A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development.
4. Narrative report or letter documenting compliance with the applicable approval criteria contained in FMC 19.450.170.
5. Special studies prepared by qualified professionals may be required by the city staff, planning commission or city council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.
B. Additional Information. In addition to the general information described in subsection A of this section, the concept plan, data, and narrative shall include the following exhibits and information:
1. Existing conditions map, as defined in Chapter 19.420 FMC, Development Review and Site Design Review;
2. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);
3. Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);
4. Landscape concept (e.g., shows retention of existing vegetation and general planting areas);
5. Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);
6. Sign concept (e.g., locations, general size, style and materials of signs);
7. Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.). (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.450.170 Overlay zone and concept plan approval criteria.
The city shall make findings that all of the following criteria are satisfied when approving or approving with conditions the overlay zone and concept plan. The city shall make findings that all of the criteria are not satisfied when denying an application:
A. Comprehensive Plan. All relevant provisions of the Comprehensive Plan are met;
B. Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 19.430 FMC);
C. Article II Land Use and Design Standards. All of the land use and design standards contained in Article II of this title are met, except as modified in FMC 19.450.140 and the following provisions for density bonuses:
1. Density Bonus. The housing density standards shall be determined based on the densities in Article II of this title. When allowed by the Comprehensive Plan, the city may authorize a density bonus above the density allowed by Article II, as an incentive to increase or enhance open space, protect sensitive lands, provide unique architectural character, and or accomplish other purposes of the district, as identified in FMC 19.450.100. The density bonus shall not result in the allowable density exceeding 25 percent of the allowable density in Article II. The criteria in subsections (C)(1)(a) through (d) of this section shall be used in granting density bonuses. The percentage of density bonus granted shall be proportional to the land area used to meet the criteria in subsections (C)(1)(a) through (d).
a. A maximum of 10 percent of the density allowed by the district may be approved for the provision of public open space, or protection of natural features in common open space;
b. A maximum of two percent of the density allowed by the district may be approved for streetscape (e.g., parkways or landscaped boulevard) development; plazas, pathways or other pedestrian amenities; or recreation area development;
c. A maximum of three percent of the density allowed by the district may be approved for the protection or enhancement of community views and vistas (e.g., by providing a public view point, parkway, plaza, or open space);
d. A maximum of 10 percent of the density allowed by the district may be approved for development of affordable housing. Affordable housing is defined as housing affordable to households earning 80 percent of the median household income in Multnomah County, or less. Such households, on average, do not spend more than 30 percent of their income on housing. Housing prices and/or rents shall be limited to that level through deed restriction for up to five years.
D. Requirements for Common Open Space. Where common open space is designated, the following standards apply:
1. The open space area shall be shown on the final plan and recorded with the final plat or separate instrument; and
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the city manager or his or her designee with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;
b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)
19.450.180 Administrative procedures.
A. Land Use District Map Designation. After a planned development overlay zone has been approved, the land use district map shall be amended in accordance with Chapter 19.415 FMC, to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire.
B. Time Limit on Filing of Detailed Development Plan. Within one and one-half years after the date of approval of the concept plan, the applicant or his or her successor shall prepare and file with the city a detailed development plan, in conformance with FMC 19.450.190.
C. Extension. The city shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:
1. No changes have been made on the original conceptual development plan as approved;
2. The applicant can show intent of applying for detailed development plan review within the one-year extension period;
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and
4. The extension request is made before expiration of the original approval period. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.450.190 Detailed development plan submission requirements.
The contents of the detailed development plan shall be determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights-of-way, building envelopes and other features, prior to approval of a development permit (e.g., land division, development review, site design review, etc.). The detailed development plan shall be reviewed using a Type III procedure. (Ord. 6-2001 § 1)
19.450.200 Detailed development plan approval criteria.
The city shall approve the detailed development plan upon finding that the final plan conforms with the concept plan and required conditions of approval. Minor changes to the approved concept plan may be approved with the detailed plan, consistent with the following criteria:
A. Increased residential densities by no more than five percent, when such change conforms to the Comprehensive Plan.
B. A reduction to the amount of open space or landscaping by no more than three percent.
C. An increase in lot coverage by buildings or changes in the amount of parking by no more than five percent. Greater changes require a major modification (Chapter 19.415 FMC).
D. No change in land use shall be permitted without approving a major modification to the concept plan (Chapter 19.415 FMC).
E. No change which places development within environmentally sensitive areas or areas subject to a potential hazard shall be approved without approving a major modification to the concept plan (Chapter 19.415 FMC).
F. The location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall be as proposed on the concept plan, or as modified through conditions of approval. Changes in the location or alignment of these features by more than 10 feet shall require approval of a major modification, in conformance with Chapter 19.415 FMC.
G. Other substantial modifications made to the approved conceptual development plan shall require approval of either a minor modification or major modification, in conformance with Chapter 19.415 FMC. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)
19.450.210 Development review and building permit approvals.
Upon receiving detailed development plan approval, the applicant may apply for development review (e.g., land division, development review, site design review, etc.). Building permits shall not be issued until all required development permits have been issued and appeal periods have ended.
A. Chapter 19.420 FMC applies to developments requiring development review or site design review.
B. Chapter 19.430 FMC applies to land divisions.
C. Streamlined Review Option. Preliminary subdivision plats and site design review applications for approved master planned developments may be reviewed using a Type II procedure, rather than the conventional Type III procedure. This shall be the applicant’s option. The variation from the standard procedures of Chapter 19.420 FMC, Site Design Review, and Chapter 19.430 FMC, Land Divisions, is intended to streamline review of projects that have received planned development approvals, since those projects have previously been subject to public review and hearings. (Ord. 6-2001 § 1)