The purpose of the Planned Unit Development overlay zone is to provide a means for creating planned environments:

A.    To produce a development which would be as good or better than that resulting from traditional lot-by-lot development.

B.    To preserve, to the greatest extent possible, the existing landscape features and amenities through the use of a plan that relates the type and design of the development to a particular site.

C.    To correlate comprehensively the provisions of this title and all applicable plans; to encourage developments which will provide a desirable, attractive, and stable environment in harmony with that of the surrounding area.

D.    To allow flexibility in design, placement of buildings, use of open spaces, circulation facilities, off-street parking areas, and to best utilize the potentials of sites characterized by special features of geography, topography, size, and shape.

E.    To allow a mixture of densities between zoning districts and plan designations when more than one district or designation is included in the development.

F.    To develop projects that are compatible with neighboring development in terms of architecture, massing, and scale. Where that cannot be accomplished, appropriate transitions should be provided that are deferential or sympathetic to existing development.

G.    To carry out the goals of West Linn’s Vision, Imagine West Linn, especially goals relating to housing, commercial, and public facilities. (Ord. 1745 § 1 (Exh. A), 2023)

A.    The Planned Unit Development (PUD) zone is an overlay zone and the following are preconditions to filing an application:

1.    Attending a pre-application conference with the City Community Development Department pursuant to CDC 99.030;

2.    Attending a meeting with the respective City-recognized neighborhood association(s), per CDC 99.038, and presenting their preliminary proposal and receiving comments.

B.    The application shall be filed by the owner of record or authorized agent.

C.    Action on the application shall be as provided by Chapter 99 CDC, Procedures for Decision-Making: Quasi-Judicial. (Ord. 1474, 2001; Ord. 1590 § 1, 2009; Ord. 1621 § 25, 2014; Ord. 1745 § 1 (Exh. A), 2023)

If the final plat has not been recorded with the County within three years from the date of approval of the development plan, the application shall be null and void unless an extension is granted per CDC 99.325. If an extension is granted, the final plat must be recorded with the County before the extension lapses. (Ord. 1408, 1998; Ord. 1589 § 1 (Exh. A), 2010; Ord. 1745 § 1 (Exh. A), 2023)

A.    Non-compliance with an approved final plat or development plan shall be a violation of this chapter.

B.    The development shall be completed in accordance with the approved final plat or development plan, including landscaping and recreation areas, before any occupancy permit will be issued, except that when the Planning Director determines that immediate execution of any feature of an approved final plat or development plan is impractical due to climatic conditions, unavailability of materials, or other temporary condition, the Director shall, as a precondition of the issuance of a required permit, require sufficient funds such as a cashier’s check to guarantee completion of the feature at a time certain not to exceed one year. (Ord. 1745 § 1 (Exh. A), 2023)

The applicant may elect to develop the site in stages. “Staged development” is defined as an application that proposes numerous phases or stages to be undertaken over a period of time. Typically, the first phase will be sufficiently detailed pursuant to the submittal standards of Chapter 85 CDC. Subsequent phases shall provide the type of use(s); the land area(s) involved; the number of units; generalized location and size (square feet) of commercial, industrial, or office projects; parks and open space; street layout, access, and circulation; etc. Generalized building footprints for commercial, office, public, and multifamily projects and parking lot layout will be required. Staged development shall be subject to the provisions of CDC 99.125. (Ord. 1745 § 1 (Exh. A), 2023)

Planned unit developments (PUDs) can be utilized in all residential, commercial, and industrial districts on lots or parcels of land that are a minimum of three acres in size. (Ord. 1408, 1998; Ord. 1636 § 20, 2014; Ord. 1647 § 3, 2016; Ord. 1745 § 1 (Exh. A), 2023)

REPEALED BY ORD. 1745.

The submittal requirements shall include the following:

A.    Narrative discussing proposal and applicability of the PUD and addressing approval criteria of this chapter; design review, CDC 55.100; and CDC 92.010(E).

B.    Narrative and table showing applicable density calculations.

C.    Map showing how the densities will be distributed within the project site.

D.    Compliance with submittal requirements of Chapter 55 CDC, Design Review, including full response to approval criteria for Chapter 55 CDC, Design Review, and Chapter 85 CDC, if it is a single-family PUD.

E.    Narrative, tables, and showing all density transfers.

F.    Tables and maps identifying acreage, location and type of development constraints due to site characteristics such as slope, drainage and geologic hazards. For Type I, II and III lands (refer to definitions in Chapter 02 CDC), the applicant must provide a geologic report, with text, figures and attachments as needed to meet the industry standard of practice, prepared by a certified engineering geologist and/or a geotechnical professional engineer, that includes:

1.    Site characteristics, geologic descriptions and a summary of the site investigation conducted;

2.    Assessment of engineering geological conditions and factors;

3.    Review of the City of West Linn’s Natural Hazard Mitigation Plan and applicability to the site; and

4.    Conclusions and recommendations focused on geologic constraints for the proposed land use or development activity, limitations and potential risks of development, recommendations for mitigation approaches and additional work needed at future development stages including further testing and monitoring.

G.    Other material as required by the Planning Director. (Ord. 1408, 1998; Ord. 1463, 2000; Ord. 1662 § 2, 2017; Ord. 1745 § 1 (Exh. A), 2023)

Subject to the provisions of CDC 24.070, 24.080 and this section, the PUD Overlay Zone may be applied to all residential, commercial, and industrial zones.

A.    In addition to the uses allowed outright in the underlying zone the following uses shall be allowed outright where all other applicable standards are met.

1.    Community buildings.

2.    Indoor recreation facility, athletic club, fitness center, racquetball court, swimming pool, tennis court, or similar use.

3.    Outdoor recreation facility, golf course, swimming pool, tennis court, or similar use.

4.    Recreation vehicle storage area.

5.    Public safety facilities.

6.    Major or minor utilities.

7.    Religious institution, day care center, public or private schools.

B.    Any commercial uses listed under the Neighborhood Commercial (NC) zone shall be allowed in the manner provided by the base zone or adopted plan document and, in addition, the applicant must prove:

1.    The uses are for the purpose of primarily serving the residents of the proposed development; and

2.    There is a need for the type and amount of commercial space. A market analysis may be required.

3.    The use will reduce vehicle miles traveled (VMT) between residents and existing neighborhood commercial locations. (Ord. 1463, 2000; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    The approval criteria of CDC 55.100, design review, and CDC 92.010(E) shall apply to non-exempted projects per CDC 55.025. All types of single-family detached and single-family attached shall comply with the provisions of Chapter 43 CDC at time of building permit application.

B.    The application shall also demonstrate compliance with the following criteria:

1.    The proposal shall preserve the existing amenities of the site to the greatest extent possible by relating the type and design of the development to the topography, landscape features, and natural amenities existing on the site and in the vicinity.

2.    The proposed PUD shall provide a desirable, attractive, and stable environment in harmony with that of the surrounding area through thorough, well-developed, detailed planning and by comprehensively correlating the provisions of this code and all applicable adopted plans.

3.    The placement and design of buildings, use of open spaces, circulation facilities, off-street parking areas, and landscaping shall be designed to best utilize the potentials of the site characterized by special features of geography, topography, size, and shape.

4.    The PUD shall be developed so that it is compatible with neighboring development in terms of architecture, massing, and scale. Where that cannot be accomplished, appropriate transitions shall be provided that are deferential or sympathetic to existing development.

C.    All densities, density transfers, transitions, density bonuses, and proposed setbacks shall conform to provisions of this chapter as required by CDC 24.080 and 24.110 through 24.170 inclusive. (Ord. 1463, 2000; Ord. 1547, 2007; Ord. 1662 § 3, 2017; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    The PUD allows density to be transferred on residential portions of the site. The following sections explain how the allowed number of dwelling units per acre is calculated. The standards are also intended to ensure that PUDs and adjoining developments are compatible and maintain a sense of neighborhood unity.

B.    Net acres for land to be developed with detached single-family dwellings, or multifamily dwellings including duplexes, is computed by subtracting the following from the developable gross area:

1.    Any land area which is included in a boundary street right-of-way or water course, or planned open space areas if density transfer is not requested.

2.    An allocation of 25 percent for public or private facilities (e.g., streets, paths, right-of-way, etc.) or, when a tentative plat or plan has been developed, the total land area allocated for public or private facilities.

3.    A lot or parcel of at least the size required by the applicable base zone, if an existing dwelling is to remain on the site.

C.    The allowed density or number of dwelling units on the site, subject to the limitations in CDC 24.140 and 24.150, is computed by dividing the number of square feet in the net acres by the minimum number of square feet required for each lot or parcel, by the base zone. (Ord. 1636 § 21, 2014; Ord. 1745 § 1 (Exh. A), 2023; Ord. 1763 § 1 (Exh. A), 2025)

When density is to be transferred on a land area with Type I or Type II land, the following procedure will apply:

(Ord. 1745 § 1 (Exh. A), 2023; Ord. 1763 § 1 (Exh. A), 2025)

A.    This table relates to the allowed density of development on Type I and II lands in a PUD. “Development” means when the footprint of a home is placed on Type I or II lands, or when over 50 percent of the lot comprises Type I or II lands. Generally speaking, the greater the constraints, the lower the density; and the lower the constraints, the higher the allowable density.

Please note that density transfers from constrained lands generally allow a 50 to 100 percent transfer. The rationale for only a 50 percent transfer is that these lands have historically been of marginal development value (e.g., wetlands, 52 percent slopes, etc.); so to say those lands should have the same 100 percent development value and potential as less constrained lands would be wrong since they are tougher to build on and they are generally appraised at a lower land value than flatter, more developable sites.

There are three categories of allowable density: (1) “building not allowed”; (2) allowable density “when developed”; and (3) allowable density “when transferred.” The first category means that no building is allowed in, for example, slopes over 50 percent or in wetlands. The prohibition is represented by an “X.” The second category means that if a developer wants to develop an area, it can only be developed at 50 percent of normal density or not at all. The third category, “when transferred,” explains what percentage of the normal density of the Type I and II lands can be transferred to on-site non Type I and II lands.

B.

*    Development of single-family detached or attached residences, including duplexes, triplexes, quadplexes, townhouses and cottages in cottage clusters, on preexisting lots of record is exempt from this chart; most restrictive density governs in the event of conflict or overlap.

**    The “50 percent allowable density when developed” means that if we reduce the number of homes on constrained lands, we reduce the hazard potential which typically increases with higher density and increased site disturbance. Consequently, the density is reduced in half (50 percent). That means that to develop on a predominantly steep lot would require twice the minimum lot size of the underlying zone (e.g., you would need a 20,000-square-foot lot in the R-10 zone). When Type I and II lands are to be developed, the 70 percent rule shall not apply to those areas; it shall only apply to the developable net area as defined in CDC 85.200(J)(7). (Ord. 1408, 1998; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    Because the PUD and the provisions of this chapter allow increased residential densities and various housing types, it is necessary that some kind of transition be provided between the project site and the surrounding properties. These transitions will, for example, mitigate the impacts of multifamily housing next to single-family housing. Transitions are not required in all cases, however. The following exceptions shall apply:

1.    Single-family PUD next to single-family non-PUD does not require a transition (e.g., even though it is R-5 single-family next to R-10, etc.). Also, similar type housing does not need to transition (e.g., duplex next to duplex);

2.    Two housing units attached side by side by common wall are considered compatible with detached single-family units; but

3.    A multifamily structure, excluding townhouses, is not considered compatible with a single-family detached unit; however

4.    Where a proposed residential unit is to be located at least 200 feet from the nearest existing single-family home, the provisions of subsections (B)(1) through (5) of this section shall not apply. The 200-foot transition must be on the subject property. All parking and access shall be a 20-foot minimum setback from abutting property line, unless the approval authority, based upon the City Engineer’s recommendation, approves a circulation plan which supports reduced transition to accommodate joint access between adjoining properties.

B.    Where transitions are required, they shall be satisfied by at least one of the following provisions:

1.    An intervening street or driveway that is existing, platted or specifically proposed in the Transportation Master Plan and has a minimum width of 24 feet;

2.    Natural topography such as a drainageway or wetland that provides adequate horizontal separation (minimum 40 feet), or a cliff or embankment that provides adequate vertical separation which shall be defined as having the PUD site at least 10 feet below the abutting non-PUD site, plus vegetation for adequate screening. The natural topography may be on an adjoining lot or parcel;

3.    Human-made berm (five feet minimum height) with landscaping for adequate screening with a 40-foot minimum width. This transition must be on the subject lot or parcel;

4.    The on-site lot or parcel sizes for detached single-family homes adjacent to each property line shall not be smaller than a lot 75 percent of the minimum size of the lot size allowed on the abutting lots or parcels by the applicable zone, or 7,000 square feet, whichever is less; or

5.    A horizontal separation of at least 200 feet between on- and off-site structures. The 200-foot transition must be on the subject site. (Ord. 1636 § 22, 2014; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

A.    Although the density may be reduced by CDC 24.130, applicants are encouraged to seek density bonus credits under such categories as “site planning and design excellence.” The permitted number of dwelling units may be increased up to 29 percent above those computed under the formula above based on a finding of the Planning Director that the density bonus credits have been satisfied as set forth in the following section and in CDC 24.160:

B.    Site planning and design excellence allow additional units up to the maximum indicated on the chart when excellence in site planning and building design is demonstrated with respect to neighborhood compatibility, recreation space, security and crime prevention, and livability of on-site environment, as determined through design review. Examples of quality design features which may be used to address the foregoing include, but are not limited to:

1.    Maximum retention and integration of natural features into site design in addition to open space areas dedicated to the City.

2.    Minimize impervious surfaces. Locate parking facilities and garages at the rear of buildings accessed by alleys. De-emphasis of the automobile is encouraged through placement of parking at side or rear of buildings (reference CDC 55.100(A)(2)).

3.    Maximize recreation and open spaces in addition to open space areas dedicated to the City.

4.    Superior landscape plan in terms of quantity of materials and quality represented by size of plant/tree, variety of plant/tree, and mix to allow seasonal colors. The landscape plan should incorporate available natural site features (e.g., rock outcroppings, creeks, etc.). The landscape plan should relate to or complement on-site buildings, frame views, and show sensitivity to the micro-climate. Other landscape elements may include rockeries, ornamental pools, and pathways.

5.    Architectural design that emphasizes high quality materials, finish, texture, and craftsmanship. Architectural complexity and richness of detail are sought. Contextual design that draws from the predominant architecture of the area is preferred over contrasting design. Only examples of manifestly outstanding contrasting design would be acceptable alternatives to the contextual approach. The design should accommodate the human scale with multiple light windows, appropriately scaled entryways, and porches. Facades should be broken up into multiple elements, both horizontally and vertically. Variations in the building silhouette and depth are also desirable.

6.    Integration of various housing types and densities supported by neighborhood commercial uses and basic services.

7.    Well-articulated pedestrian and bikeway path system and public transit system, if applicable, that unifies the development site and connects with adjacent development and destinations. Transit facilities are important.

C.    The City shall encourage and assist in the accumulation of density bonus developments. The final density allowed will depend on the following factors:

1.    The amount of density allowed shall be rounded up to the next figure when any partial figure of one-half or greater results from adding the percentage density increase to the base density.

2.    The development shall be subject to all applicable development standards of this code. The Planning Director may recommend that the proposed design of the development be modified to ensure that development standards are satisfied. Modifications of design may include, but are not limited to, the following:

a.    Reduction in building coverage.

b.    Clustering of buildings.

c.    Redesign of parking or street layout.

d.    Protection of resource areas. (Ord. 1463, 2000; Ord. 1745 § 1 (Exh. A), 2023)

The cumulative density bonus for all categories except for design excellence or low cost housing cannot exceed 20 percent. To achieve the maximum 29 percent density bonus, the application must qualify for the low cost housing bonus, the design excellence bonus, or both.

NOTE: To interpret the above table, 8%, for example, means the development may increase density by that amount. The “5%/1/2 ac.” notation means that density can increase by 5% for every 1/2 acre of park land that is dedicated.

(Ord. 1463, 2000; Ord. 1745 § 1 (Exh. A), 2023)

Residential planned unit developments (PUDs) shall comply with the following usable open space requirements:

A.    PUDs that contain multifamily units shall comply with the requirements of CDC 55.100(F).

B.    PUDs that contain 10 or more single-family detached, single-family attached, or duplex residential units shall comply with the following usable open space requirements.

1.    The plan shall include an open space area with at least 300 square feet of usable area per dwelling unit.

2.    The usable open space shall meet the design requirements of CDC 55.100(F)(2).

3.    The usable open space shall be owned in common by the residents of the development unless the decision-making authority determines, based upon a request from the applicant and the recommendation of the City Director of Parks and Recreation, that the usable open space should be dedicated to the City for public use. If owned in common by the residents of the development, then a homeowner’s association shall be organized prior to occupancy to maintain the usable open space.

4.    If the usable open space contains active recreational facilities such as hard surface athletic courts or swimming pools, then the usable open space area shall not be located on the perimeter of the development unless buffered by a transition pursuant to CDC 24.140(B). (Ord. 1463, 2000; Ord. 1745 § 1 (Exh. A), 2023)

The provisions of the base zone are applicable as follows:

A.    Lot dimensional standards. The minimum lot size and lot depth and lot width standards do not apply except as related to the density computation under this chapter.

B.    Lot coverage. The lot coverage provisions of the base zone shall apply for detached single-family units. For single-family attached residential units, residential units, and multiple-family residential units, the following lot coverage provisions shall apply, based upon the underlying base zone. Lot coverage provisions for duplexes, triplexes, quadplexes, townhouses, and cottage clusters are subject to the underlying base zone standards.

C.    Building height. The building height provisions of the underlying zone shall apply.

D.    Structure setback provisions.

1.    Setback areas contiguous to the perimeter of the project shall be the same as those required by the base zone unless otherwise provided by the base zone or Chapter 55 CDC.

2.    The side yard setback provisions shall not apply except that all detached structures shall maintain a minimum side yard setback of five feet, or meet the Uniform Building Code requirement for fire walls.

3.    The side street setback shall be 10 feet.

4.    The front yard and rear yard setbacks shall be 15 feet. Porches may encroach forward another five feet. Additional encroachments, such as porches, are allowed per Chapter 38 CDC.

a.    Lots or parcels part of a cottage cluster shall have a 10-foot front and rear yard setback.

5.    The setback for a garage in the front yard that opens onto the street shall be 20 feet unless the provisions of CDC 41.010 apply. Garages in the rear yard may meet the standards of CDC 34.060.

6.    The applicant may propose alternative setbacks. The proposed setbacks must be approved by the decision-making body and established as conditions of approval, or by amendment to conditions of approval. The decision-making body will consider among other things maintenance of privacy, adequate light, defensible space, traffic safety, etc.

E.    All other provisions of the base zone shall apply except as modified by this chapter. (Ord. 1442, 1999; Ord. 1736 § 1 (Exh. A), 2022; Ord. 1745 § 1 (Exh. A), 2023)

Amendments to PUDs shall be required when 10 percent or more of the housing type changes (e.g., from single-family units to multifamily units) from the tentatively approved PUD plan, or when there is more than a 10 percent change in the number of units, or when the layout of streets and lots significantly changes. Amendments shall require review per CDC 99.120. (Ord. 1745 § 1 (Exh. A), 2023)