The purpose of the planned development procedure is to encourage and promote creativity and innovation in site planning, design and development through the application of flexible land development standards. Application of the planned development procedure is intended to:

1. Allow for and encourage development designs which provide suitable recognition of the physical, topographic, cultural, historical and natural resource values and constraints present on a particular site;
2. Permit greater flexibility in the siting of buildings and other physical improvements and in the mixing of housing types and other compatible non-residential uses in order to accomplish desirable design objectives; and
3. Ensure that development occurs in a manner consistent with the intent and purpose of the goals and policies of the Comprehensive Plan.

The following requirements shall govern planned developments:

1. Notwithstanding the provisions of the applicable use zone or zones, on land subject to an approved planned development, only those uses, structures and other forms of development which have been set forth and authorized in a preliminary development plan approved in accordance with the provisions of this section may be established.
2. A planned development may include any uses permitted outright or conditionally in any zone, except that uses permitted only in an I-P or M-P zone shall not be permitted in an R-1, R-2, R-3, R-4, C-1 or C-2 zone.
3. Minimum size required for a planned development shall be one-half acre.
4. Overall residential density shall be as provided for in the applicable use zone or zones. Density shall be computed based on the total gross land area of the subject property, excluding area devoted to commercial or other nonresidential uses.
5. No building shall exceed a height which is fifty (50) percent greater than that of the maximum building height limitation of the zone in which the planned development is proposed.
6. For a planned development in a residential zone, the total land area devoted to commercial uses, including required off-street parking, other than hotels, motels, trailer parks, resorts, and similar accommodations, shall not exceed five (5) percent of the total land area of the development. Any commercial uses shall be directly related in purpose and function to the remainder of the planned development.
7. In a residential zone, where commercial uses are being developed in conjunction with residential uses, construction of the commercial uses shall not be initiated until twenty-five (25) percent of the residential units have been developed.
8. Yards, setbacks, lot area, lot coverage and similar dimensional requirements may be reduced, adjusted or otherwise modified consistent with the design objectives of the proposed development.
9. The City may require easements necessary for orderly extension of public utilities to future adjacent developments.
10. Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests must be subject to an association of owners or tenants created to form a non-profit corporation under the laws of the State of Oregon. Said association shall be formed and continued for the purpose of maintaining such common areas and structures.
11. In the event of a conflict between any applicable use zone provision and the allowances, limitations or requirements of an approved preliminary plan, the approved preliminary plan shall control.

The initial step in the establishment of a planned development shall be the submission of a preliminary plan, which shall be reviewed and acted upon in accordance with the provisions of this section:

1. Preliminary plan review procedure. The procedure for application and review of a preliminary plan of a planned development shall be as set forth in Section 16.108.020 of this title.
2. Content of the preliminary plan. Application for preliminary plan approval of a planned development shall include, in addition to the forms prescribed by the City, a preliminary plan consisting of the following:
   1. A site plan map or maps depicting all proposed residential and nonresidential land uses, including typical architectural detail, and also including location of all proposed lot or parcel boundaries; if the proposal involves a division of land, all proposed roads and pedestrian access; proposed grading and drainage patterns; location of significant natural features such as wetlands, stream courses, environmental hazards, and fish and wildlife habitat areas; location of any proposed open space including a plan for landscaping; recreation areas or other common elements; and approximate topography with contour intervals of not more than ten (10) feet.
   2. A written narrative describing the character of the proposed development, the manner in which it has been designed to conform to the purpose of the planned development procedure, including detailed discussion of how the proposal conforms to the requirements of paragraph (C) of this subsection; proposed methods of providing sewer, water and other utility services; the method proposed for ownership and maintenance of private common areas, buildings, structures, roads or other facilities; proposed covenants, restrictions and bylaws of any homeowners association; and the proposed time schedule of development, including plans for phasing, if any.
   3. Other maps or narrative materials needed to determine compliance with any applicable provisions of this chapter, as determined by the City Planner or Planning Commission.
   4. Traffic Impact Analysis. See Section 16.72.140.
3. Preliminary plan approval criteria. Approval by the Planning Commission of a preliminary plan of a planned development shall be based on findings that the following criteria are satisfied:
   1. All of the applicable general requirements in Section 16.60.020 of this title are met.
   2. The proposed development will not be inconsistent with the comprehensive plan provisions or zoning objectives for the area.
   3. The proposed development will provide the following amenities or protections at a higher level than would otherwise be provided under conventional land development procedures: protection of significant natural and cultural features and resources, such as historical scientific and cultural resources, fish and wildlife habitats, stream corridors, riparian areas, and wetlands; maintenance, enhancement or establishment of natural vegetation, especially indigenous plant communities; protection of scenic and aesthetic qualities; and creation of a high quality built environment which harmonizes with the natural and physical features of the site and includes design features such as suitably located open space, recreation facilities, and other public and common facilities, and also includes pedestrian oriented development which reduces reliance on automobile travel, provision of solar access or similar measures to promote energy conservation, or avoidance of risks and costs associated with environmental hazards.
   4. In considering a development proposal, the Planning Commission shall seek to determine that the development will not overload the streets outside the planned development area; and that the proposed utility and drainage facilities are adequate for the population densities and type of development proposed and will not create a drainage or pollution problem outside the planned area.
   5. In acting to approve a preliminary plan, the Commission may impose any conditions or limitation it finds necessary to achieve compliance with any provisions of this chapter.
4. Time limit on preliminary plan approval. Approval of a preliminary plan in accordance with this section is valid for a period of three (3) years per phase. Phases are allowed to run consecutively, e.g. Phase 1: Years 1-3, Phase 2: Years 4-6.
5. Time extension on preliminary plan approval. Approval of a preliminary plan of a planned development may be extended upon written request. Requests for time extensions shall be considered and acted upon in accordance with Section 16.108.020(A) of this title or may be submitted to the planning commission for their decision. In considering a request for time extension, the city planner or the commission may consider to what extent any required improvements have been constructed or completed, whether there have been any changes in circumstances or applicable code or statutory requirements which could have affected the original approval, and whether additional conditions or requirements could be imposed on the preliminary plan approval which would satisfactorily address any deficiencies resulting from changed circumstances or code or statutory requirements. In granting a request for a time extension, the city planner or the planning commission may impose such additional conditions or requirements as are considered appropriate. A time extension shall be for a period of three (3) years. Not more than one (1) time extension of a preliminary plan approval may be granted. (Ord. 768, § 5, 2019)

Upon completion of all conditions and requirements of a preliminary plan of a planned development, application may be made for final plan approval, in accordance with the provisions of this section:

1. Final plan review procedure. When the City Planner determines that all of the certifications set forth below have been met and that the plat conforms in all respects to the tentative plan as approved, consideration of the plat will be placed on the next practical scheduled meeting of the Planning Commission for determination that all requirements have been met. The Commission shall then approve, disapprove or, when further information is required, postpone a decision on the plat.
2. Certifications required for final plan approval. Requests for final plan approval of a planned development shall be accompanied by the following certifications:
   1. A certified copy of all covenants and restrictions;
   2. Certified copies of legal documents required for dedication of public facilities or for the creation of a homeowner's association;
   3. The certification, performance agreement or statement regarding the availability of water and sewerage services;
   4. As-built certifications for all required roads and utilities unless otherwise guaranteed by a performance agreement;
   5. If the planned development involves a division of land, the certifications required by Section 16.100.050(H) of this title; and
   6. Other certifications required as a condition of the preliminary plan approval.
3. Final plan approval criteria. The Commission shall approve a final plan of a planned development, provided that:
   1. The submitted final plan is in substantial conformance with the approved preliminary plan; and
   2. All of the certifications required by paragraph (B) of this subsection have been submitted in proper form.