This article includes procedures and requirements related to zoning overlay districts. Properties with an overlay designation will also have an underlying zoning. Provision of the overlay district may add or modify requirements of the underlying zoning district . Forest Grove has two overlay districts:

   ∙   Master Plan

   ∙   Planned Developments

   ∙   Mixed Use Planned Developments

   The purpose of the Master Plan Zone is to promote and facilitate the coordinated development of larger-scale institutional facilities through adoption of a master plan. This article also includes procedures and standards for Planned Developments (PD). The PD procedures are established to provide greater flexibility in the development of land for residential, commercial or industrial purposes than allowed outright by the base zones. The Mixed Use Planned Development procedures are similar to the PD, but are specifically intended for use within the Neighborhood Mixed Use Zone.

(Ord. 2009-01, passed 3-9-2009)

   The purpose of the Master Plan Zone is to promote and facilitate the coordinated development of larger-scale institutional facilities through adoption of a master plan. Submittal requirements and criteria for approval of a master plan are outlined. When a master plan is approved, the Official Zoning Map shall be amended to identify the Master Plan Zone, and the approved master plan shall provide the standards for development within the Master Plan Zone.

   Forest Grove has traditionally regulated uses such as Pacific University and the Hospital as conditional uses in residential or commercial zones. Each new building or modification of an existing building or use required approval of a separate conditional use permit. This approach has not provided an efficient framework for long-term development of institutional facilities or a comprehensive review of development impacts.

   The Master Plan Zone provides a better tool to assure the community those impacts on adjacent properties or the Forest Grove community are addressed through the review and adoption of the Master Plan. After adoption of the Master Plan, the institution has the assurance that new development within the Master Plan Zone will be reviewed for consistency with the master plan through a Type I process and will not require discretionary land use review.

(Ord. 2009-01, passed 3-9-2009)

   The Master Plan Zone is provided as an option for a limited number of larger-scale institutional uses.

   The following uses may apply for the Master Plan Zone designation:

   A.   Hospitals and related medical facilities;

   B.   Government complexes ;

   C.   Public high school facilities; and

   D.   Colleges or universities.

   The Master Plan Zone is not required for the institutional uses listed above and the conditional use permit option will still be available for development of these uses in residential and commercial zones.

(Ord. 2009-01, passed 3-9-2009)

   The Master Plan Zone will be reviewed through the Type IV legislative process, with public hearings before the Planning Commission and the City Council . After the Master Plan Zone is approved, future development projects that are consistent with the master plan shall be reviewed through a Type I administrative process. Projects not envisioned at the time of Master Plan approval, or projects that depart from the Plan, shall be reviewed under a Type II or Type III process, as described under § 17.4.125.

(Ord. 2009-01, passed 3-9-2009)

   In addition to general application requirements outlined in § 17.1.225, an application for the Master Plan Zone shall include the following:

   A.   Master plan boundaries. The application shall include a map of all land proposed to be included within the Master Plan Zone. The land need not be contiguous and more than one sub-area may be included in the Master Plan Zone. The application shall include the signatures of all property owners included within the proposed Master Plan Zone.

   B.   Narrative. The application shall include a narrative that provides:

      1.   A general description of the institution’s development plans for the duration of the master plan (ten to 20 years); and

      2.   A description of present and proposed uses, including information as to the general amount and types of uses such as offices, classrooms, recreation areas, dormitories, etc. The current and projected number of students, employees , visitors or special events must be described in the narrative.

   C.   Master Plan. The application shall include a Master Plan showing, to an appropriate level of detail, the following information:

      1.   Buildings and other structures ;

      2.   The circulation system (auto, pedestrian and bicycle);

      3.   Parking areas; and

      4.   Open space .

   The Master Plan shall clearly indicate what existing improvements are expected to remain and what new improvements are planned.

   D.   Development and design standards. The application may propose standards that will control future development within the Master Plan Zone, including standards to address building heights , setbacks , lot coverage , landscaping requirements, parking requirements and building design. The proposed standards may be modified through the Type IV hearing and adoption process for the Master Plan Zone.

   E.   Transition areas. The Master Plan shall identify transitions between sub-areas, and address the perimeter of these parcels to ensure a sufficient transition between the institutional facilities and the surrounding neighborhood. Appropriate standards to address transitions between the subarea’s development and neighboring parcels shall include, but are not limited to: setbacks , heights, signs , fences , walls, landscaping, screening and location of parking areas. Given the potential for a variety of uses and sub-areas, more than one set of transition standards can be included in the Master Plan.

   F.   Transportation analysis. The Master Plan shall include a transportation analysis that describes trip generation and parking demand for the proposed uses. The transportation analysis shall focus on “net” new trips associated with the projected development under the Master Plan and shall also address major changes in access and circulation that affect the surrounding community. The transportation analysis shall describe impacts and whether mitigation is needed. Mitigation of transportation impacts may be tied to phasing of Master Plan improvements.

   G.   Parking plan. The Master Plan shall include a parking plan that includes projected average daily peak parking need, a comparison with existing off-street parking supply, and potential impacts to parking on the adjacent street system.

   The parking plan shall demonstrate how the institution intends to meet projected parking needs, utilizing both the on- and off-street supply of parking spaces , and the time frame for addressing the projected needs. The parking plan shall include consideration of a variety of ways to meet the projected parking needs, including shared parking, permit programs, enforcement programs and use of leased sites .

   H.   Phasing Plan. The Master Plan shall describe and illustrate if phased development is proposed. Each proposed phase of development shall comprise a logical increment of the overall master plan. It is expected that development phases and activities may overlap, depending on availability of financing for improvements.

(Ord. 2009-01, passed 3-9-2009)

   The Master Plan shall be approved if findings are made that each of the following criteria are satisfied:

   A.   The Master Plan Zone complies with the review criteria for a zone change set forth in § 17.2.770;

   B.   The master plan provides adequate open space , landscaping, circulation and parking to accommodate the planned uses;

   C.   The development and design standards ensure that adverse impacts of the proposed development on the surrounding neighborhood and community are addressed and mitigated;

   D.   The master plan ensures that no land will be used for any purpose which creates or causes to created any public nuisance, including but not limited to air, land or water degradation, noise, glare, heat, vibration or other conditions which may be injurious to public health, safety and welfare; and

   E.   The master plan complies with the purpose and requirements of the Master Plan Zone.

(Ord. 2009-01, passed 3-9-2009)

   A.   Type I Review. The Director shall approve a development project through a Type I process if it is found that:

      1.   It is consistent with the approved Master Plan and relevant conditions; and

      2.   The design of public and private streets and utilities is in conformance with specifications of the City Engineer and City Code standards; and

   B.   Type II or Type III Review. Projects not qualified for Type I review (above) shall be reviewed under the Type II process. The Director has the discretion under § 17.1.510 to elevate the review of a Master Plan development project from a Type II to a Type III review under and of the following instances:

      1.   The development project involves a land use or activities that were not envisioned as part of the approved Master Plan;

      2.   The development project involves:

         a.   A substantial increase in the nature, function or impact of a project element, including changes in noise, air quality, light, glare, stormwater drainage or the design of the circulation system; or

         b.   A substantial increase (more than 20%) in the size of a building or building coverage, the number of vehicle trips or required parking, beyond what was proposed when the Master Plan was approved; or

      3.   Any other changes that, in the judgment of the Director , have a substantial impact on adjacent properties beyond those impacts identified in the approval of the Master Plan; or

      4.   The project, in the judgment of the Director , has potential for neighborhood or community concern.

(Ord. 2009-01, passed 3-9-2009)

   An application for an amendment to an approved Master Plan shall address all of the relevant elements of the submittal requirements as outlined in § 17.4.115. The amendment shall be reviewed for consistency for the review criteria under the Type IV procedure. The amendment shall be limited to the area of the proposed amendment and shall not include a reconsideration of the Master Plan Zone as a whole.

(Ord. 2009-01, passed 3-9-2009)

   An approved Master Plan shall remain in effect until development allowed by the Master Plan has been completed or the approved Master Plan is amended or superseded.

(Ord. 2009-01, passed 3-9-2009)

   The purpose of the Planned Development (PD) provisions is to provide greater flexibility in the development of land for residential, commercial or industrial purposes than allowed by the conventional standards of the Development Code. For residential sites over two acres that have an average slope greater than 20%, development is allowed only through approval of a planned development .

   A PD is not intended to be simply a means of avoiding normal Development Code requirements. The PD provisions are intended to:

   A.   Promote flexibility and innovation in site design and permit diversity in the location of structures in order to preserve natural features and view corridors;

   B.   Promote innovative and creative design by providing a variety and mixture of building types and architectural styles;

   C.   Promote efficient use of land and facilitate a more economical arrangement of buildings , circulation systems, land uses and utilities when compared with conventional development patterns;

   D.   Preserve to the greatest extent possible existing landscape features and amenities such as trees , creeks, ponds, floodplains , hills and similar natural assets, and incorporate such features into the design of the PD;

   E.   To encourage the provision of open space and recreational facilities in a generally central location and within reasonable walking distance of all living units in residential planned developments ;

   F.   Combine and coordinate architectural styles, building forms and building relationships within the PD; and

   G.   Provide the applicant with reasonable assurance of ultimate approval before requiring detailed design and engineering, while providing the city with assurances that the project will retain the character envisioned at the time of approval.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017; Ord. 2022-01, passed 5-9-2022)

   A planned development is reviewed through a two-step process.

   A.   Preliminary plan. The preliminary plan is reviewed under Type III procedures. The preliminary plan review examines the PD plan with respect to items such as density , including the number, type and location of dwelling units; parking; impacts on surrounding areas; adequacy of services; and conceptual plan for service improvements. Preliminary plan approval will only be granted when there is a reasonable certainty that the PD will fulfill all applicable requirements of the City Codes.

   B.   Final plan. The final plan for the PD is reviewed under Type I administrative procedures. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable city standards, requirements and conditions have been met. Approval will only be granted if the final plan is in substantial conformance with the preliminary plan.

   C.   Concurrent land division. A PD may be filed and processed concurrently with a partition or subdivision  application . All of the submittal requirements and review standards of Article 6 will apply to a concurrent PD/land division request. The tentative plat will be combined with the preliminary PD review and the final plat will be combined with the final PD review.

   D.   Sitedevelopment /design review. The PD approval may remove the requirement for subsequent site  development or design review of individual buildings , if the PD includes building elevations and sufficient information to demonstrate compliance with the applicable site  development /design review standards. The PD decision shall expressly state whether individual buildings within the PD (such as commercial or multi-family  buildings ) require site  development or design review approval.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)

   The PD applicant must certify, in writing, that a member of each of the following professions will be used in the planning and design process for the proposed PD:

   A.   A licensed architect or professional urban designer;

   B.   A licensed landscape architect, a certified nurseryman or landscape designer approved by the Director ; and

   C.   A registered civil engineer or land surveyor.

   One of the above professionals shall be designated by the applicant to act as a liaison between the Community Development Department, the design team, and the applicant during the two-step PD review process. The Planning Commission or City Council may require the expertise of other professionals on the design team if it is determined that the site merits special consideration to unique or adverse features or conditions.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)

   A.   Base Zone Standards. The development standards of the base zone apply unless they are superceded by the standards of this section or the PD approval. Exceptions from the standards of the underlying zoning district must be warranted based on the unique design and amenities incorporated into the development plan, and shall have a beneficial effect which could not be achieved using the standards of the underlying zoning district . Exceptions shall be clearly and specifically identified in the application , which shall also include an explanation justifying and substantiating the need for each exception .

   B.   Site size. There are no minimum or maximum size limitations for a PD.

   C.   Calculation of density . The number of dwelling units allowed in residential zone PDs shall be calculated on the basis of § 17.3.130A. Table 3-2. All residential development shall be at a minimum of 80% of the target density for the parent zone. A request for incentive density may be approved for the PD, based on the criteria in § 17.3.130E.

   D.   Multiple base zones. When a proposed PD site includes more than one base zone, the uses and residential density may be allocated throughout the site without regard to zoning boundaries.

   E.   Lot sizes. There are no required minimum lot sizes.

   F.   Housing types allowed. Housing types in zones that allow residential uses are not restricted in the PD, except that housing types in the RML and RMH zones shall include a mixture of single-family , duplex or multi-family units.

   G.   Architectural Pattern Book. In residential PDs, a variety of architectural styles shall be required. For all PDs, a compendium of architectural elevations, details and colors of each building type shall be submitted. The pattern book shall act as the architectural control for the homeowner’s association or the commercial owner. The pattern book shall include the following:

      1.   An explanation of how the pattern book is organized, and how it is to be used.

      2.   Definitions of specific standards for architecture, color, texture, materials and other design elements.

      3.   A checklist system to facilitate review of the development for conformity with the pattern book.

      4.   Information for each building type including:

         a.   Massing, facades , elevations, roof forms, proportions, materials and color palette.

         b.   Doors, windows and siding, including sash and trim details.

         c.   Porches, chimneys, light fixtures and any other unique details, ornamentation or accents.

         d.   Illustrations of elevations and floor plans.

         e.   A fencing plan with details that addresses the relationship between public and private space, and between the PD site and abutting property.

   H.   Height. The height limits of the base zone apply.

   I.   Buildingsetbacks . Building  setbacks are established as part of the preliminary development plans approval. Garage  setbacks shall be a minimum of 20 feet. No building projections (roofs or foundations) shall be permitted in the front  yard public utility easement required by § 17.8.905E.1.

   J.   Peripheral yards . Along the boundary of any PD, a yard at least as deep as that required in the underlying zone district shall be provided.

   K.   Open space . At least 20% of the buildable portion of the PD not in streets and driveways must be devoted to open space . At least half of the open space in all zones must be in common ownership and at least half of that space must be contained in one tract. The tract’s configuration shall be 45% of the site ’s overall length and width with a minimum dimension of 20 feet. The extent to which any type of open space satisfies the total open space requirement shall be in the sole discretion of the city .

   L.   Parking. The base zone parking requirements apply. Common parking and maneuvering areas must be set back at least 20 feet from the boundary of the PD.

   M.   Water features. Water features such as streams or ponds must be left in a natural state unless altered to improve the natural values of the water feature or to improve stormwater drainage. Water features and their edges should be kept in common ownership.

   N.   Facilities and services. It is the responsibility of the applicant to provide all service facilities necessary for the functioning of the PD. Service facilities such as streets , water supply facilities, sanitary sewers and stormwater detention facilities must be dedicated to the public if they are to provide service to any property not included in the PD. However, the review body may approve private service facilities with the consent of the appropriate service provider.

   O.   Development regulations and design standards not subject to modification. The PD process cannot be used to vary or take an exception from the Street Standards listed in § 17.8.610.

   P.   Underground utilities. All service facilities must be placed underground except those that by their nature must be on or above ground, such as fire hydrants and open watercourses. The applicant is responsible for making the necessary arrangements with utility companies and other appropriate entities when installing all service facilities.

   Q.   Construction to standards. All service facilities dedicated to the public must be constructed to city standards. All private service facilities must be designed by a qualified civil engineer to city standards or comparable design life as determined by the City Engineer .

   R.   Building size standards. For areas designated as Planned Shopping Center by the Comprehensive Plan , commercial retail is limited to 20,000 square feet and commercial office is limited to 10,000 square feet.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)

   A.   Procedure. Preliminary plan reviews are processed through a Type III procedure.

   B.   Submittal requirements. Applications for a preliminary plan review must contain the information stated below in addition to that required by § 17.1.225.

      1.   General statement. A statement of how the purpose of § 17.4.200 will be achieved by the proposed PD. The statement should include sketches or illustrations of the proposed character of the development , a description of how the PD will relate to surrounding land uses and whether other land use reviews are requested.

      2.   Summary report. A summary report identifying the different land uses, including the amount of land for housing, non-residential uses, open areas, streets and parking; the number and type of housing units; the amount and type of commercial or industrial areas, if any; and a statement of how necessary services will be provided and whether the services will be publicly or privately owned and operated.

      3.   Drawings of existing site conditions. A drawing or drawings must be submitted which display and inventory existing site conditions including the items listed below:

         a.   Ground elevations shown with contour lines at two-foot intervals or less;

         b.   Areas of moderate or severe landslide potential, as identified on city maps or documented by an engineering geologist or geotechnical engineer;

         c.   General soil types as identified on city maps or as documented by an engineering geologist of soils engineer;

         d.   Existing natural features, including rock outcroppings, trees and tree groves , fish and wildlife habitats, ponds, wetlands and watercourses;

         e.   Existing on-site or abutting sanitary sewage, storm drainage and water supply facilities. If such facilities are not on or abutting the site , indicate the direction and distance to the nearest ones;

         f.   Width, location and purpose of all existing easements of record on or abutting the site ;

         g.   A description of the traffic circulation system on or abutting the site , including street sizes, level of improvements and condition of the streets ;

         h.   A description of areas abutting the PD, indicating zoning districts, land uses, densities, circulation systems, public service facilities, natural features and approximate locations of nearby structures ; and

         i.   Any additional information about existing site conditions required for a concurrent subdivisionapplication .

      4.   PD Site plan . The site plan must include the information stated below:

         a.   Setbacks for houses and the placement and bulk of other buildings ;

         b.   The traffic circulation system, including connections to existing public rights-of-way, off-street parking and the ownership of streets and parking areas;

         c.   Conceptual plans for pedestrian and bicycle circulation systems;

         d.   Conceptual plans for all necessary services, including their location and whether the services will be publicly or privately owned and maintained;

         e.   Conceptual plans for all facilities for the control and disposal of stormwater and groundwater;

         f.   Conceptual plans for the location and design of public and private open areas or structures ;

         g.   Treatment proposed for the periphery of the site , including the approximate amount, location and type of any required landscaping; and

         h.   Conceptual guidelines for multi-family and commercial structures , including such things as building heights , sizes, areas, roof shapes, exterior materials and types of parking areas.

      5.   Phased PDs. PDs being developed in phases require a description of each phase, including the size, uses, timing and infrastructure phasing. Any PD which will require more than 24 months to complete shall be constructed in phases. Each phase shall conform to the phasing plan.

      6.   Drawings. Drawings showing the existing site conditions and the proposed site plan must be at a reasonable size and scale to clearly show all required information. The drawings must display the following:

         a.   Name of the proposed PD;

         b.   Date, north arrow and scale of the drawing;

         c.   Legal description of the PD sufficient to define its location and boundaries;

         d.   Names, addresses and telephone numbers of the owner, applicant and design team; and

         e.   Appropriate identification of the drawing as a preliminary plan.

   C.   Approval criteria. The preliminary plan will be approved if the review body finds that the applicant has shown that all of the following approval criteria are met:

      1.   The plan fulfills the purpose for PDs stated in § 17.4.200;

      2.   The plan meets the submittal requirements of § 17.4.220B.;

      3.   Adequate public services exist or can be provided to serve the proposed PD; and

      4.   Where a tentative subdivisionplat is requested, the requirements of Article 8 are met.

   D.   Time limit. Preliminary plan approval – including all phases - is valid for four years and may not be extended. The four-year period will not begin until any appeals beyond the jurisdiction of the city are completed. Within the four-year time period, the applicant must submit a final development plan for the entire site .

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)

   A.   Final plan submittal. The applicant must present detailed plans, which meet the public facility standards of the city . The applicant must present other plans or studies required by the preliminary approval, such as a grading plan, soils engineer report or detailed landscaping plans.

   B.   Procedure. The final plan is reviewed under Type I procedures.

   C.   Requirements. The final development plan will be approved if it meets the requirements stated below and is in substantial conformance with the approved preliminary plan and any conditions of the approval.

      1.   Drawing quality. The final development plan must be drawn clearly and legibly at a size and scale that clearly shows all required information. The plan must be identified as the final PD plan.

      2.   Additional information on the final plan. In addition to the information required on preliminary drawings or otherwise specified by law, the following information must be shown:

         a.   Reference points of identified existing surveys by distances and bearings, and referenced to field book or map, including stakes, monuments or other evidence found on the ground and used to determine the boundaries of the PD;

         b.   The location and width of streets and easements intercepting the boundary of the PD;

         c.   Easements and stormwater drainage reserves must be clearly identified and, if already of record, their recorded reference. The width of the easement , its length and bearing, and sufficient ties to locate the easement within the PD must be shown. If the easement is being dedicated by the plan, it must be properly referenced in the owner’s certificates of dedication ; and

         d.   Identification of land to be dedicated to the public.

      3.   Additional certificates or drawings. The items stated below may be combined where appropriate.

         a.   A certificate signed and acknowledged by all parties having any recorded title interest in the land and consenting to the preparation and recording of the PD;

         b.   A certificate signed and acknowledged as above, dedicating the land intended for public use , if any;

         c.   A title report issued by the title insurance company verifying ownership by the applicant of real property that is to be dedicated to the public;

         d.   A certificate with the seal of, and signed by, the surveyor responsible for the survey;

         e.   Other certificates required by law; and

         f.   A copy of any deed restrictions applicable to the PD.

      4.   Detailed design plan for the PD site . A detailed design plan for the PD is required and must include the items stated below.

         a.   The location of proposed buildings and structures , parking areas and, where applicable, the location of allowable building areas of individual lots ;

         b.   All buildingsetback lines and height limits that are to be made part of the PD restrictions;

         c.   The location and type of proposed buildings , structures or improvements in common open areas;

         d.   The location and design information for all proposed streets as required by Article 8;

         e.   A plan for water mains and fire hydrants;

         f.   A plan for sanitary sewage disposal;

         g.   A plan for stormwater drainage;

         h.   A plan for additional improvements such as walkways and street lighting; and

         i.   Required solar-related information if the PD is also subject to the solar regulations for new subdivisions .

      5.   Landscaping. A landscaping plan for common open areas, the perimeter of the PD, and other landscaped areas is required.

         a.   The plan must show areas that the applicant proposes to retain in natural vegetation . The plan must show the areas, sizes, numbers and types of plant and other materials to be used for all landscaped areas.

         b.   The plan must address the revegetation of common open areas and perimeter areas disturbed during construction.

         c.   The plan must include a proposed schedule for required perimeter landscaping. A performance guarantee is required if the landscaping cannot be completed prior to the occupancy of buildings , or cannot be completed when required by the conditions of approval.

      6.   Geotechnical engineer’s report. A geotechnical engineer’s report consistent with the requirements of § 17.8.310 must be submitted if the PD is in a moderate or severe landslide area, or if the report was required as a part of the preliminary approval. The City Engineer or the Building Official must approve the report.

      7.   CC & Rs. The Declaration of Covenants, Conditions and Restrictions (CC & Rs) for the PD must be submitted. In addition, any other legal instruments for the protection and maintenance of common open areas, private streets and private utilities if any, must be submitted. These legal instruments must be approved by the City Attorney to ensure that the city ’s interests are protected.

      8.   Concurrent subdivision approval. Simultaneous final plat approval is permitted.

(Ord. 2009-01, passed 3-9-2009; Ord. 2017-12, passed 11-27-2017)

   The purpose of the Mixed Use Planned Development is to ensure that sites zoned Neighborhood Mixed Use are developed into pedestrian-friendly mixed use neighborhoods. In order to accomplish that, Mixed Use Planned Developments shall provide:

   A.   Diversity in the mix of housing types including single-family houses, apartments , row houses, cottages, senior housing and residential units above commercial or office space;

   B.   Pedestrian-orientation in the arrangement and placement of buildings , parking and circulation systems, land uses and utilities;

   C.   Pedestrian and bicycle access to, and through, the site and provide connectivity to adjacent areas for motorized and non-motorized modes of transportation;

   D.   Neighborhood-scale retail sales and service, office, civic or recreational uses conveniently located for neighborhood access , thereby contributing to the livability of the area by reducing the amount of vehicle miles traveled to reach goods and services;

   E.   Coordinated architectural styles, landscaping building forms and building relationships which help establish a cohesive sense of place;

   F.   An urban form that emphasizes the efficient use of land and compact urban form;

   G.   The applicant with reasonable assurance of ultimate approval before requiring detailed design and engineering, while providing the city with assurances that the project will retain the character envisioned at the time of approval; and

   H.   A basis for discretionary review of an overall plan of development that can subsequently be developed in phases over time with administrative approval.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2022-03, passed 8-8-2022)

   A Mixed Use Planned Development (MUPD) is reviewed through a two-step process.

   A.   Preliminary plan. The preliminary plan is reviewed under Type III procedures. The preliminary plan review examines the MUPD with respect to items such as the mix of uses; density , including the number, type and location of dwelling units; the location and amount of non-residential uses; parking; impacts on surrounding areas; adequacy of services; and conceptual plan for service improvements. Preliminary plan approval will only be granted when there is a reasonable certainty that the MUPD will fulfill all applicable requirements of the City Codes.

   B.   Final plan. The final plan for the MUPD is reviewed under Type I administrative procedures. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable city standards, requirements and conditions have been met. Approval will only be granted if the final plan is in substantial conformance with the preliminary plan.

   C.   Concurrent land division. A MUPD may be filed and processed concurrently with a partition or subdivision  application ; however, no land division shall be approved unless it is found to be consistent with the applicable MUPD. All of the submittal requirements and review standards of Article 6 will apply to a concurrent MUPD/land division request. The tentative plat will be combined with the preliminary MUPD review and the final plat will be combined with the final MUPD review.

   D.   Sitedevelopment /design review. The MUPD approval shall remove the requirement for subsequent site  development or design review of individual buildings , if the MUPD includes building elevations and sufficient information to demonstrate compliance with the applicable site  development /design review standards. The MUPD decision shall expressly state whether individual buildings within the MUPD (such as commercial or multi-family  buildings ) shall require subsequent site  development or design review approval.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016)

   For MUPDs over three gross acres in size, the MUPD applicant must certify, in writing, that a member of each of the following professions will be used in the planning and design process for the proposed MUPD:

   A.   A licensed architect or professional urban designer approved by the Planning Director ;

   B.   A licensed landscape architect, a certified nurseryman or landscape designer approved by the Director ; and

   C.   A registered civil engineer or land surveyor.

   One of the above professionals shall be designated by the applicant to act as a liaison between the Community Development Department, the design team, and the applicant during the two-step MUPD review process. The Planning Commission or City Council may require the expertise of other professionals on the design team if it is determined that the site merits special consideration to unique or adverse features or conditions.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016)

   A.   Base zone standards. The development standards of the base zone apply unless they are superseded by the standards of this section or an MUPD approval.

   B.   Site size. There are no minimum or maximum size limitations for a MUPD.

   C.   Residential density . The target, minimum and maximum residential density for each of the NMU zoned area is shown in Table 4-1. Dwelling units may be transferred between parcels as part of an approved MUPD provided the average density within the MUPD meets the standards in Table 4-1.

 

 

   D.   Lot sizes. There are no required minimum lot sizes.

   E.   Housing types allowed. All housing types are permitted. For MUPDs over three gross acres in size, a mix of housing types is required unless otherwise approved by the Planning Commission. Multi-unit buildings shall be subject to Multi-Unit Residential Focus Area standards unless standards are modified through an approved MUPD.

   F.   Village center . Commercial Uses and Institutional Uses (other than emergency services, basic utilities, major utilities transmission facilities, daycare, home occupations and community recreation) shall be located within a village center .

      1.   The Village Center shall provide services at a neighborhood scale within a compact, pedestrian-friendly environment. The Design and Development Standards and/or Design Guidelines applicable to the Town Center Transition (TCT) zone shall be used as a basis for development within the Village Center unless modified through an approved MUPD.

      2.   The minimum and maximum floor area of commercial or institutional uses permitted within the Village Center is shown in Table 4-2.

      3.   The total area of the Village Center shall not exceed 50% of the buildable land within the MUPD or three acres , whichever is greater. For the purposes of this calculation the area of the Village Center shall include the contiguous areas dedicated to commercial and institutional uses and related parking. Streets and open space shall not be included in the Village Center area calculations.

      4.   Only one Village Center is permitted within each of the NMU Zoned Areas.

      5.   Institutional uses shall not exceed 10% of the maximum allowed square footage within the Village Center .

      6.   Within Area 2 (Davidson), the maximum building footprint is 50,000 square feet. One tenant in Area 2 may occupy up to 50,000 square feet of gross floor area . Multiple tenants in a single building are allowed.

 

 

   G.   Height. The height limits of the base zone apply.

   H.   Buildingsetbacks . Building  setbacks are established as part of the preliminary development plans approval.

   I.   Open space . A MUPD shall include a minimum of 20% usable common open space , landscaped areas and/or protected natural areas.

   J.   Pedestrian-orientation and circulation. A MUPD shall include a transportation system that emphasizes pedestrian mobility and accessibility, and demonstrates an effective and convenient system of pedestrian facilities that provides connectivity throughout the MUPD and to adjacent properties. The transportation system shall identify existing and proposed pedestrian connections and may include a combination of sidewalks, multi-use pathways and trails.

   K.   Parking. The base zone parking requirements apply except that shared parking is encouraged within the MUPD. Where the MUPD abuts land zoned for single-family residential development , common parking and maneuvering areas must be set back at least 20 feet from the lot line . No parking or vehicular circulation areas shall be located between the building and the street . Garages and off-street parking areas for residential developments shall be accessed by alleys unless otherwise approved by the Planning Commission.

   L.   Water features. Water features such as streams or ponds must be left in a natural state unless altered to improve the natural values of the water feature or to improve stormwater drainage. Water features and their buffers should be kept in common ownership.

   M.   Facilities and services. It is the responsibility of the applicant to provide all service facilities necessary for the functioning of the MUPD. Service facilities such as streets , water supply facilities, sanitary sewers and stormwater detention facilities must be dedicated to the public if they are to provide service to any property not included in the MUPD. However, the review body may approve private service facilities with the consent of the appropriate service provider.

   N.   Underground utilities. All service facilities must be placed underground except those that by their nature must be on or above ground, such as fire hydrants and open watercourses. The applicant is responsible for making the necessary arrangements with utility companies and other appropriate entities when installing all service facilities.

   O.   Construction to standards. All service facilities dedicated to the public must be constructed to city standards. All private service facilities must be designed by a qualified civil engineer to city standards or comparable design life as determined by the City Engineer .

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2017-07, passed 8-14-2017; Ord. 2020-05, passed 11-9-2020; Ord. 2022-03, passed 8-8-2022; Ord. 2024-02, passed 1-8-2024)

   A.   Procedure. Preliminary plan reviews are processed through a Type III procedure.

   B.   Submittal requirements. Applications for a preliminary plan review must contain the information stated below in addition to that required by § 17.1.325.

      1.   General statement. A statement of how the purpose of § 17.4.300 will be achieved by the proposed MUPD. The statement should include sketches or illustrations of the proposed character of the development , a description of how the MUPD will relate to surrounding land uses and whether other land use reviews are requested.

      2.   Summary report. A summary report identifying the different land uses, including the amount of land for housing, Village Center and other non-residential uses, open areas, streets and parking; the number and type of housing units; and a statement of how necessary services will be provided and whether the services will be publicly or privately owned and operated.

      3.   Drawings of existing site conditions. A drawing or drawings must be submitted which display and inventory existing site conditions including the items listed below:

         a.   Ground elevations shown with contour lines at two-foot intervals or less;

         b.   Areas of moderate or severe landslide potential, as identified on city maps or documented by an engineering geologist or geotechnical engineer;

         c.   General soil types as identified on city maps or as documented by an engineering geologist of soils engineer;

         d.   Existing natural features, including rock outcroppings, trees and tree groves , fish and wildlife habitats, ponds, wetlands and watercourses;

         e.   Existing on-site or abutting sanitary sewage, storm drainage and water supply facilities. If such facilities are not on or abutting the site , indicate the direction and distance to the nearest ones;

         f.   Width, location and purpose of all existing easements of record on or abutting the site ;

         g.   A description of the traffic circulation system for all modes on or abutting the site , including street sizes, level of improvements and condition of the streets ;

         h.   A description of areas abutting the MUPD, indicating zoning districts, land uses, densities, circulation systems, public service facilities, natural features and approximate locations of nearby structures ; and

         i.   Any additional information about existing site conditions required for a concurrent subdivisionapplication .

      4.   MUPD Site plan . The site plan must include the information stated below:

         a.   Setbacks and orientation to the street all buildings ;

         b.   The traffic circulation system for all modes, including connections to existing public rights-of-way, off-street parking and the ownership of streets , streettrees and street lighting;

         c.   The general location of parking areas, identify ingress and egress locations, and the number of spaces to be provided;

         d.   Conceptual plans for pedestrian and bicycle circulation systems;

         e.   Conceptual plans for all necessary services, including their location and whether the services will be publicly or privately owned and maintained;

         f.   Conceptual plans for all facilities for the control and disposal of stormwater and groundwater;

         g.   Conceptual plans for the location and design of public and private open areas or structures ; and

         h.   Treatment proposed for the periphery of the site , including the approximate amount, location and type of any required landscaping.

      5.   Drawings. Drawings showing the existing site conditions and the proposed site plan must be at a reasonable size and scale to clearly show all required information. The drawings must display the following:

         a.   Name of the proposed PD;

         b.   Date, north arrow and scale of the drawing;

         c.   Legal description of the PD sufficient to define its location and boundaries;

         d.   Names, addresses and telephone numbers of the owner, applicant and design team; and

         e.   Appropriate identification of the drawing as a preliminary plan.

      6.   Building elevations or Design Guidebook. The application shall include sample elevations for detached single-family dwellings and specific elevations for all other buildings . In lieu of providing detailed elevations for each building , the application may include a Design Guidebook, created by a qualified architect or urban designer, which outlines the design standards that will be applicable to all development within the MUPD including architectural features for all building types and identify proposed color palates, materials and typical elevations.

      7.   Phased MUPDs. If the project will be built in phases, a Development Phasing Plan is required. The Development Phasing Plan shall:

         a.   Demonstrate how the required mix of uses will be provided through phasing, including the approximate locations, amount in square footage of non-residential uses (a size range may be provided), number of residential dwelling units and phasing schedule of each use ;

         b.   Demonstrate how on-site circulation, parking, landscaping and tree planting, lighting and other on-site improvements will function, after the completion of each phase and following complete buildout of the development site ; and

         c.   Identify the timeframe, in what order and how proposed public utilities, public facilities and other improvements and amenities necessary to support the project will be constructed, dedicated or reserved.

   C.   Approval criteria. The preliminary plan will be approved if the review body finds that the applicant has shown that all of the following approval criteria are met:

      1.   The plan fulfills the purpose for MUPDs stated in § 17.4.300;

      2.   The plan meets the submittal requirements of § 17.4.320B.;

      3.   Adequate public services exist or can be provided to serve the proposed MUPD; and

      4.   Where a tentative subdivisionplat is requested, the requirements of Article 8 are met.

   D.   Time limit. Preliminary plan approval is valid for three years and may not be extended.

   The three-year period will not begin until any appeals beyond the jurisdiction of the city are completed. Within the three-year time period, the applicant must submit a final development plan for the entire site , or for the first phase if the MUPD has been approved for phased development . The applicant must submit final development plans for any subsequent phases within the time limit specified for the phases.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016; Ord. 2022-03, passed 8-8-2022)

   A.   Final plan submittal. The applicant must present detailed plans, which meet the public facility standards of the city . The applicant must present other plans or studies required by the preliminary approval, such as a grading plan, soils engineer report or detailed landscaping plans.

   B.   Procedure. The final plan is reviewed under Type I procedures.

   C.   Requirements. The final development plan will be approved if it meets the requirements stated below and is in substantial conformance with the approved preliminary plan and any conditions of the approval.

      1.   Drawing quality. The final development plan must be drawn clearly and legibly at a size and scale that clearly shows all required information. The plan must be identified as the final MUPD plan.

      2.   Additional information on the final plan. In addition to the information required on preliminary drawings or otherwise specified by law, the following information must be shown:

         a.   Reference points of identified existing surveys by distances and bearings, and referenced to field book or map, including stakes, monuments or other evidence found on the ground and used to determine the boundaries of the MUPD;

         b.   The location and width of streets and easements intercepting the boundary of the MUPD;

         c.   Easements and stormwater drainage reserves must be clearly identified and, if already of record, their recorded reference. The width of the easement , its length and bearing, and sufficient ties to locate the easement within the MUPD must be shown. If the easement is being dedicated by the plan, it must be properly referenced in the owner’s certificates of dedication ; and

         d.   Identification of land to be dedicated to the public.

      3.   Additional certificates or drawings. The items stated below may be combined where appropriate.

         a.   A certificate signed and acknowledged by all parties having any recorded title interest in the land and consenting to the preparation and recording of the MUPD;

         b.   A certificate signed and acknowledged as above, dedicating the land intended for public use , if any;

         c.   A title report issued by the title insurance company verifying ownership by the applicant of real property that is to be dedicated to the public;

         d.   A certificate with the seal of, and signed by, the surveyor responsible for the survey;

         e.   Other certificates required by law; and

         f.   A copy of any deed restrictions applicable to the MUPD.

      4.   Detailed design plan for the MUPD site . A detailed design plan for the MUPD is required and must include the items stated below:

         a.   The location of proposed buildings and structures , parking areas and, where applicable, the location of allowable building areas of individual lots ;

         b.   All buildingsetback lines and height limits that are to be made part of the MUPD restrictions;

         c.   The location and type of proposed buildings , structures or improvements in common open areas;

         d.   The location and design information for all proposed streets as required by Article 8;

         e.   A plan for water mains and fire hydrants;

         f.   A plan for sanitary sewage disposal;

         g.   A plan for stormwater drainage;

         h.   A plan for additional improvements such as walkways and street lighting; and

         i.   Required solar-related information if the MUPD is also subject to the solar regulations for new subdivisions .

      5.   Landscaping. A landscaping plan for common open areas, the perimeter of the MUPD, and other landscaped areas is required.

         a.   The plan must show areas that the applicant proposes to retain in natural vegetation . The plan must show the areas, sizes, numbers and types of plant and other materials to be used for all landscaped areas.

         b.   The plan must address the revegetation of common open areas and perimeter areas disturbed during construction.

         c.   The plan must include a proposed schedule for required perimeter landscaping. A performance guarantee is required if the landscaping cannot be completed prior to the occupancy of buildings , or cannot be completed when required by the conditions of approval.

      6.   Geotechnical engineer’s report. A geotechnical engineer’s report consistent with the requirements of § 17.8.310 must be submitted if the MUPD is in a moderate or severe landslide area, or if the report was required as a part of the preliminary approval. The City Engineer or the Building Official must approve the report.

      7.   CC & Rs. The Declaration of Covenants, Conditions and Restrictions (CC & Rs) for the MUPD must be submitted. In addition, any other legal instruments for the protection and maintenance of common open areas, private streets and private utilities if any, must be submitted. These legal instruments must be approved by the City Attorney to ensure that the city ’s interests are protected.

      8.   Concurrent subdivision approval. Simultaneous final plat approval is permitted.

(Ord. 2009-01, passed 3-9-2009; Ord. 2016-3, passed 3-28-2016)