Section 136.I - III

I. Purpose

II. Land Use Districts (Descriptions)

A. Station Community Commercial - Downtown District (SCC-DT )

B. Station Community Commercial-Highway Oriented District (SCC-HOD)

C.  Station Community Commercial-Station Commercial (SCC-SC)

D. Station Community Commercial-Multi-Modal (SCC-MM)

E. Station Community Residential-High Density (SCR-HD)

F. Station Community Residential-Medium Density (SCR-MD)

G. Station Community Residential-Low Density (SCR-LD)

H. Station Community Residential-Village (SCR-V)

I. Station Community Residential-Orenco Townsite Conservation (SCR-OTC)

J. Station Community Residential-Downtown Neighborhood Conservation (SCR-DNC)

K. Station Community Industrial (SCI)

L. Station Community Business Park (SCBP)

M. Station Community Research Park (SCRP)

N. Station Community Fair Complex Institutional (SCFI)

III.   Definitions

IV.   Permitted Land Uses

Table 1: Station Community Commercial District

Table 2: Station Community Residential District

Table 3: Station Community Industrial and Institutional Districts

V.   Destruction or Expansion of Existing Uses or Structures

VI.   Restricted and Specially Regulated Land Uses

VII.   Development Review and Related City Development Code

Section 136.VIII-X

VIII. Calculations

IX. Conflicts

X. Variances

Section 137.I-II

I.    Scope

II.   Development Criteria

Table 1.a: Station Community Commercial-Central Business District (SCC-CBD)

Table 1.b: Station Community Commercial-Highway Oriented District (SCC-HOD)

Table 1.c: Station Community Commercial-Station Commercial (SCC-SC)

Table 1.d: Station Community Commercial-Multi-Modal (SCC-MM)

Table 1.e: Station Community Residential-High Density (SCR-HD)

Table 1.f: Station Community Residential-Medium Density (SCR-MD)

Table 1.g: Station Community Residential-Low Density (SCC-LD)

Table 1.h: Station Community Residential-Village (SCR-V)

Table 1.i: Station Community Residential-Orenco Townsite Conservation (SCR-OTC)   

Table 1.j: Station Community Residential-Downtown Neighborhood Conservation (SCR-DNC)

Table 1.k: Station Community Industrial (SCI)

Table 1.l: Station Community Business Park (SCBP)

Table 1.m: Station Community Research Park (SCRP)

Table 1.n: Station Community Fair Complex Institutional (SCFI)

Section 137.III-IV

III. Minimum Lot Size

IV. Minimum Lot Width and Depth

Section 137.V-VII

V.   Minimum and Maximum Residential Densities and Ancillary Dwelling Units

VI.   Minimum Floor Area Ratios

VII.  Minimum Non-Residential Density Objectives

VIII.  Minimum and Maximum Setbacks from Streets and Alleys

IX.  Vision Clearance

X.   Minimum and Maximum Building Height Requirements

XI.   Minimum and Maximum Off-Street Parking Requirements

Table 2: Maximum Non-Residential Parking Standards in Station Community Districts   

Table 3: Residential Parking Standards in Station Community Districts

XII.  Minimum Usable Open Space Requirements

XIII.  Minimum Landscaping, Natural Resource and Mature Tree Preservation

XIV.  Mixed Use Buildings and Mid-Rise Apartments

XV.  Sidewalks

XVI.   Street and Alley Standards

Table 137.4 Level of Service Standards Within Station Communities

XVII.   Lot Access

Figure 1 - Downtown SCPA Sidewalk Requirements

Figure 2 - Fair Complex Sidewalk Standards

Figure 3 - Orenco SCPA Sidewalk Standards

Figure 4 - Quatama/185 th Sidewalk Standards

Figure 5 - Approved Downtown Alley Improvements

Section 138.I-III

I.   Scope

II.   Purpose

III.   Process

IV.   Improvements Between Streets and Buildings

V.   Building Entries and Orientation

VI.   Ground Floor Windows and Building Facades

VII.   Building Step-Back Requirements

VIII.   Location and Design of Off-Street Parking

IX.   Drive-Through Uses

X.   Outdoor Display, Storage and Signs

XI.   Alleys

XII.   Streetscape and Site Design Standards and Guideline

XIII.   Standards for Protection within Historic and Cultural Conservation Districts

Section 139.I-II

I.   Scope

II.   Purpose

III.   Modification to Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 140.I-II

I.   Scope

II.   Purpose

III.   Development Regulations

IV.   Design Standards

Figure 1 : Street Tree Plan (1908 Platted Townsite Area)

Figure 2 : Plant List

Figure 3 : Pedestrian Circulation Plan

Figure 4 : Orenco Townsite Plat: 1908, 1911

Figure 5.1 : Station Community Street Types

Figure 5.2 : Street Network

Figure 5.3 : On Street Parking

Figure 5.4 : Street Standard Type "A"

Figure 5.5 : Street Standard Type "B"

Figure 5.6 : Street Standard Type "C"

Figure 5.7 : Street Standard Type "D"

Figure 5.8 : Street Standard Type "E"

Section 141.I-III

I.   Scope

II.   Purpose

III.   Modifications to Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 142.I-III

I.   Scope

II.  Purpose

III.   Modifications To Section 136 Station Community Planning Area Provisions

IV.   Development Regulations

V.   Design Standards

Section 136: STATION COMMUNITY PLANNING AREAS

VII. DEVELOPMENT REVIEW AND RELATED CITY DEVELOPMENT CODE

A. Development Review Provisions Applicable to all Development within Station Community Planning Areas

1. Section 133, Development Review, or any amendment thereof, and the provisions of this subsection shall apply to all uses permitted in a Station Community Planning Area except construction of detached single family, dwellings built on single lots in any district other than the SCR-OTC and SCR-DNC Districts.  All development within the SCR-OTC and SCR-DNC Districts is subject to Development Review.  Provisions of Ordinance No. 2808, Subdivisions, applies to all project proposals involving the subdivision or partitioning of existing properties. (Amended by Ord. No. 5893/12-08)

2. Plans, reports and materials submitted by an applicant for any development project in a SCPA as a part of Development Review shall specify whether any streets, alleys, open spaces, greenways, parks and other common areas are to be dedicated to the City or retained in private ownership. Where such areas are to remain privately owned, the applicant shall provide direct internal pedestrian connections to light rail transit stations, transit stops, commercial and residential areas, parks and other public facilities; and shall either provide easements for public use of all such internal pedestrian connections, or perimeter public sidewalks to allow reasonably direct pedestrian access from one side of the development to the other in order to access public areas and transit facilities in the vicinity.  

3. The City shall require that the developer provide for and establish one or more property owner associations, or similar mechanism acceptable to the City Attorney, for the ownership and maintenance of any common open space, private streets or alleys, or other appropriate lands and improvements which are of a public nature and are not dedicated to and accepted by the City.  

Further, the City shall require any such association be incorporated, or otherwise legally organized such   that the association is legally capable of, and shall adopt and file by-laws, restrictive covenants, and/or other binding agreements that provide an enforceable mechanism to raise the revenue required to maintain such property, and which include provisions that prohibit the association from disposing of or abandoning any common open space, private street or alley without the permission of the City, in which case the association shall first offer to dedicate the property to the City and shall provide for its long-term maintenance in a manner satisfactory to the City. Nothing in this provision shall obligate or be construed to imply any obligation by the City to accept any street, alley, park, greenway, open space, or other common lot, parcel or tract of land or improvement proposed to be dedicated by an applicant, owner or developer of a project, or by any owner's association.

4. Nothing in Sections 136 through 142 is intended to prevent the sale of all or a portion of a phased development project of any type to another party. In that event, the parties shall enter into binding legal agreements, to be submitted to Washington County for recording, that assure that the new owner recognizes that the development densities and other material characteristics of any approved project, project phase, or covenants executed pursuant to Sections 137.V.B.5. and 137.VI.B.4. which transfer density requirements from one phase of the project to another phase shall run with the land and shall continue to be requirements of the purchaser.

5. Applications for Development Review approval for projects within a Station Community Planning Area shall include preliminary plans and drawings, and other pertinent materials and reports illustrating and documenting the following:

a. Site plans, housing types, proposed commercial and industrial uses, elevation sketches, exterior building material/color boards and floor plans for all typical multi-family and attached single family dwellings, mixed use and non-residential buildings within the project;

b. Residential and non-residential densities;

c. Usable open space, landscaping, and natural resource and tree preservation plan;

d. Planned streets and alleys, public rights-of-way, pedestrian and bicycle system plan, and off- and on-street parking;

e. Stormwater management and grading plans, underground utility service plan and easement dedications, including infrastructure location, sizing, and system connections;

f. A traffic analysis documenting the on- and off-site traffic impacts, mitigation and safety improvement requirements of the project; and

g. A phasing plan, where appropriate, for all aspects of the project.

 Applications for Development Review approval for projects within a Station Community Planning Area shall include the application fees specified in Zoning Ordinance Section 129 Application Fees. However, Development Review applications for single family, duplex, and ancillary dwellings, and accessory structures, in the SCR-DNC and SCR-OTC districts shall be subject to application fees equaling fifty percent (50%) of the fees listed in Section 129.   (Added by Ord. No. 4930/7-00.)

B. Development Review - SCR-V District, and Phased Developments within a SCPA Commercial, Industrial or Institutional District

1. Purpose.   It is the intent of this subsection to establish application and review procedures to permit flexibility in development review of all projects within the SCR-V District; and for the review of commercial, industrial or institutional projects of at least thirty (30) acres within any SCPA District so larger scale projects can be reviewed efficiently and developed in a phased manner. Specifically, these review procedures are intended to:

a. Promote flexibility in design and permit diversification in location of structures and infrastructure improvements consistent with the intent of the applicable SCPA district;

b. Promote efficient use of land and energy, and facilitate a more economical arrangement of buildings, circulation systems, land uses, and utilities;

c. Preserve to the greatest extent possible existing landscape features and natural resources, and utilize such features and resources in a harmonious fashion;

d. Provide for more usable and suitably located public and common facilities while maintaining flexibility in siting uses;

e. Provide the applicant with reasonable assurance of ultimate approval before expenditure of final design costs, while providing the City with assurances that the project will retain the character envisioned at the time of approval;

f. Provide greater compatibility with surrounding land uses than may occur   with a conventional project; and

g. In the SCR-V District, assure a range of residential housing types and mixed use or free standing neighborhood commercial development and other opportunities for employment in a manner that achieves the intent and purpose of the District.

2. General provisions.

a. Development Review shall be accomplished through the Concept Development process as provided in this subsection if:

1) the project or development is within the SCR-V District;

2) The project is a non-residential phased development over thirty (30)acres within any Station Community Planning Area; or

3) The applicant:

i. Proposes to construct a commercial or industrial development project of any size over time and in more than one phase (a "phased project");

ii. Proposes to develop land for the creation or expansion of a campus development; or

iii. Proposes to develop or expand a major institution or major institutional use.

If any of the above apply, the applicant shall file an application for Concept Development Plan approval for the entire area identified for development.  The Plan shall encompass the entire parcel or contiguous parcel(s) proposed or available for current or ultimate development by the applicant or any entities that are controlled, in whole or part, by the applicant or by a parent or affiliate entity of the applicant; including, but not limited to, partnerships, corporations of all types, foundations and other forms of business organization that includes the applicant, its parent or affiliates, or if the applicant is a representative or agent of the owner or purchaser of the parcel(s) of interest, the owner or purchaser.

b. An applicant for a single phase commercial, industrial or institutional project of any size, excluding those listed in   paragraph 2.a.(3), above, may:

i. Chose to take advantage of the Concept Development Plan procedure in order to ensure an efficient processing of the application, or

ii. File applications for Detailed Development Plan and Final Development Plan review as provided in this subsection.  

c. Following Concept Development Plan approval, the applicant shall file applications for Detailed Development Plan and Final Development Plan approvals for each phase of the project in accordance with the approved Concept Development Plan and any conditions attached thereto; except that an applicant proposing a multi-phase project may request Detailed Development Plan approval for the initial phase or phases of the project concurrent with the application for Concept Development Plan approval.

d. Where an application for Development Review is for a project within a PUD approved prior to August 6, 1996 , and the PUD has not been deemed to be an approved Concept Development Plan, the applicant has the option and is encouraged to convert the PUD into a Concept Development Plan as described in this subsection.   If the PUD is consistent with the development regulations and design standards of Sections 137 through 142 and is consistent with the provisions of Section 136, the conversion shall be accomplished through an administrative process under the provisions for processing a Limited Land Use Action.  

Where a PUD approved prior to August 6, 1996 has been deemed an approved Concept Development Plan, all further development of the PUD shall, at the option of the applicant, then proceed in phases under the Development Review process provided in paragraph 10 of this section or under the Detailed and Final Development Plan process provided below.

Where a previously approved PUD is not deemed by this Ordinance as an approved Concept Development Plan, and where amendments are required in the existing PUD to bring the plan into conformance with the provisions of Sections 136 through 142, or in either case where changes in the Conditions of Approval of the existing PUD are requested, the applicant may apply for a PUD amendment that shall result in a Concept Development Plan that may then be processed in phases under the Detailed and Final Development Process provided below.  

Information previously provided as part of the PUD approval shall be acceptable for either conversion option, but may require supplementing to make the submittal consistent with the requirements of a Concept Development Plan.

e. Except as provided in paragraph (f), below, an applicant for Concept Development Plan approval may propose one or more alternative development or design elements for all and/or specific areas within the plan boundaries which supersede corresponding development regulations or design standards set forth in Sections 137 through 142.   Such alternative elements shall be clearly and specifically identified within the plan submittals, and shall include an explanation and/or drawings justifying and substantiating the need for a variance from the standards of Sections 137 through 142.

f. Notwithstanding paragraph (e), above, no alternative development or design element shall be allowed to replace the development regulations and design standards of Sections 137 through 142 that would propose to vary or make an exception from:

 

(1) The minimum floor area ratio;

(2) The minimum or maximum residential density;

(3) The minimum usable open space;

(4) The street and alley performance standards contained in Section 137.XVI;

 

(5) Any provision that would eliminate or effectively eliminate the required mix of residential, commercial and employment uses within the SCR-V District;

(6) To allow surface parking or loading areas between a major pedestrian route and an adjacent building, except as specifically provided in Sections 137 through 142;

(7) To allow off-street surface parking lots, or commercial service or loading areas outside the public right-of-way to be located or temporarily located or expanded adjacent to, cater-cornered or across the street from a light rail station site;

(8) The requirement for pedestrian-related office, service or retail uses on the ground floor of parking structures;

(9) The minimum access requirements;

(10) The requirements of Section 138.XII.C., Streetscape Design Standards; and

(11) To allow accessory industrial development to exceed a combined thirty percent (30%) of the net developable area of the campus of a major institution in a SCRP District.

g. The Planning Commission may authorize a proposed alternative development or design provision only if it finds that the proposed standard meets the criteria set forth in Section 136.X.B.3., Variances and the intent of the district.

 h. Subsequent to Concept Development Plan approval, an applicant may request additional Variances under the provisions of Section 136.X., Variances, except that the provisions of subparagraph (f) of this section shall apply; and no Variance to any condition of approval imposed by the Planning Commission shall be allowed except by action of the Planning Commission.

(Amended by Ord. No. 4545/4-97.)

3.  Concept Development Plan Review Procedures

a. Initiation of Concept Development Review. An application for Concept Development Plan review may be initiated only upon application by the record owner of the property, a contract or earnest money purchaser, or an agent authorized by the property owner in writing.   Where there is more than one owner, the application shall be filed and signed by all owners having a record interest in the property within which the project is proposed.   Submittal of an application for Concept Development Plan review shall be accompanied by payment of a fee equal to that fee established in Section 129 for a Planned Unit Development application. Submittal of an application for Concept Development Plan review shall also be accompanied by documentation that a neighborhood meeting has been held, in accordance with and as specified in Section 129A. If the development involves the subdivision or partitioning of land, the applicant may request review of its subdivision or partitioning application concurrent with Concept Development Plan review or defer such review until the time of Detailed Development Plan review.  (Amended by Ord. No. 4725/10-98 and 5893/12-08.)

 

b. Concept Development Plan Submittal: Existing Conditions.

A Concept Development Plan shall specifically and clearly show the following features and information on the maps, drawings, application form or attachments. The Concept Development Plan shall be drawn at a minimum scale of one inch equals one hundred feet (1"=100') and may include multiple sheets, provided a single sheet depicting the entire plan area at greater scale is included with the submittal.

(1) Proposed name of the development, and the names and addresses of the property owner(s), any contract or earnest money purchaser(s), the authorized agent and the applicant's professional consultants.

(2) Date, north point and scale of drawing.

(3) Appropriate identification of the drawing as a Concept Development Plan.

(4) A vicinity map showing the location of the planned development sufficient to define its location and boundaries and Washington County Tax Assessor's map numbers of the tract boundaries. The vicinity map shall clearly identify the nearest cross streets.

(5) An aerial photograph of the proposed site and properties within 250 feet of the site.

(6) The size, dimensions, and zoning, including dimensions and gross area of each lot or parcel tax lot and Tax Assessor's map designations for the proposed site and properties within 100 feet of the site.

(7) The location, dimensions and names, as appropriate, of existing and platted streets and alleys on and within 250 feet of the perimeter of the property, together with the location and dimensions of existing and planned easements, sidewalks, bike routes and bikeways, pedestrian/bicycle accessways and other pedestrian or bicycle ways, transit streets and facilities, neighborhood activity centers, and the location of other important features such as section lines, section corners, City boundary lines and monuments.

(8) Contour lines related to some established bench mark or other datum approved by the City Engineer and having minimum intervals as follows:

(a) For slopes of less than ten percent (10%), two feet (2').

(b) For slopes of ten percent (10%) to twenty percent (20%), five feet (5').   For slopes of over 20 percent, 10 feet.

(c) For slopes of over twenty percent (20%), ten feet (10').

(d) Where lots are to be created on slopes in excess of twenty-five percent (25%), cross sections of those lots shall be provided.

 (9) The location of natural resource areas on and within 100 feet of the site, including fish and wildlife habitat, natural areas, wooded areas, areas of significant trees or vegetation, wetlands and other water resources, and significant features such as large rock outcroppings and scenic views.

 (10) The location of inventoried historic and cultural resources on and within 100 feet of the boundaries of the site.

(11) The location, dimensions and setback distances of all existing permanent structures, improvements and utilities on and within twenty-five feet (25') of the site, and the current or proposed uses of the structures.

4.  Concept Development Plan Submittal:  Development Information .   The following information also shall be shown on the Concept Development Plan at a minimum scale of one inch equals one hundred feet (1"=100') and may include multiple sheets provided a single sheet depicting the entire plan area at greater scale is included with the submittal:

a. A preliminary site circulation plan showing the approximate location of proposed vehicular, bicycle and pedestrian access points and circulation patterns, parking and loading areas or, in the alternative, proposed criteria for the location of such facilities to be determined during Detailed Development Plan review.

b. The approximate location of all proposed streets, alleys, other public ways, sidewalks, bicycle and pedestrian accessways and other bicycle and pedestrian ways, transit streets and facilities, neighborhood activity centers and easements on and within 250 feet of the site.  The map shall identify existing subdivisions and development and un-subdivided or un-partitioned land ownerships adjacent to the proposed development site and show how existing streets, alleys, sidewalks, bike routes, pedestrian/bicycle accessways and utilities within 250 feet may be extended to and/or through the proposed development.

c. The approximate projected location, acreage, type and density of the proposed development.

For all projects within a SCR-V District and for residential projects within the SCRP District, this information shall be provided so as to identify these factors for all residential and non-residential development, by type.   For purposes of residential phases of development, the applicant shall identify for each phase (1) the minimum and maximum number of housing units to be provided, by housing type; (2) the overall minimum number of housing units to be provided; and (3) the minimum and maximum lot sizes by housing type.

d. Conceptual drawings, illustrations and building elevations for all proposed attached single family and multi-family dwellings and all non-residential and mixed use buildings; typical multi-family and attached single family residential floor plans; and proposed exterior building materials and color boards typifying each of the listed housing products and typical non-residential and mixed use buildings to be constructed within the development. 

At the option of the applicant, submittal of detailed plans may be reviewed either administratively or by the Planning Commission. 

 

1. If the applicant chooses administrative Detailed Development Plan review, the Concept Development Plan application must include sufficiently detailed building locations, dimensions, elevations, and building and landscaping materials palettes to clearly establish the standards by which the Detailed Development Plan will be reviewed administratively under Sections 7, 8 and 9.  The Planning Commission may impose conditions on approval of the Concept Development Plan regarding changes in the detailed site plans or elevations as necessary to insure compliance with Sections 137 and 138.

2. If the applicant chooses Detailed Development Plan review by the Planning Commission, either concurrent with or subsequent to Planning Commission review of the Concept Development Plan, the Planning Commission shall give public notice of and shall hold a public hearing on the Detailed Development Plan submittal.  (Amended by Ord. No. 5779/8-07 and 5893/12-08.)

e. The approximate locations of proposed parks, playgrounds or other outdoor play areas; outdoor common areas and usable open spaces; and natural, historic and cultural resource areas or features proposed for preservation.   This information shall include identification of areas proposed to be dedicated or otherwise preserved for public use and those open areas to be maintained and controlled by the owners of the property and their successors in interest for private use.

f. Applicants seeking to initiate, develop or expand a campus development or major institution where an approved Concept Development Plan or Planned Unit Development did not previously exist, may differentiate between development phases with definite construction plans and future phases for which plans are less definitive.   If the applicant makes such a differentiation, lands with less definition ("inactive") shall not be included within the Concept Development Plan except to size and locate internal streets and infrastructure, and to estimate maximum traffic impacts on the local road system. For these purposes, the applicant shall assume that future development on the inactive lands will contain at least 45 employees per acre plus typical visitor/customer/student use for the anticipated land use, or the maximum development intensity documented by industry experience for the use or uses intended for the campus or institution, whichever is greater.

Prior to development on the inactive lands, approval of an amended Concept Development Plan under then current regulations shall be required in order to activate the land for inclusion in future phases. In the amended Concept Development Plan, any improvements or development previously constructed within the development shall be treated as an existing condition, and any impacts associated with the newly activated phases shall be attributed to the development as a whole.   (Added by Ord. No. 4545/4-97.)

5. Concept Development Plan:   Narrative Statement.   A Concept Development Plan shall include a narrative statement addressing the following:

a. A description, approximate location and timing of each proposed phase of development.   Unless otherwise authorized by the Planning Commission, a phased development may not exceed five (5) years between commencement of development on the first and final phases.   If this time expires before completion of the project, the project is subject to reauthorization under the procedures then in place for similar development projects within SCPAs. However:

1)  provided at least one phase of the approved Concept Development Plan proceeds into final construction and is completed at least every eighteen (18) months, the expiration date shall automatically be extended for another eighteen (18) months.

2) an approved Concept Development Plan shall vest for a period of two (2) years even if no activity takes place to move a project forward to the Detailed Development Plan stage. The vesting period for an approved Concept Development Plan of a Major Institution shall be five (5) years. Upon approval of the Planning Director, and payment of the appropriate fees, the vesting period may be extended one time for a period not to exceed one (1) year. Notwithstanding this vesting provision, any traffic analysis done as a part of the original Concept Development Plan approval process does not vest and a new or revised Traffic Impact Report shall be required during Detailed Concept Plan review if the Planning Director or the City Engineer finds that traffic or the transportation system characteristics in the vicinity of the project have changed during the interim.

(Amended by Ord. No 4545/4-97.)

b. An explanation of how the proposed development is consistent with the purposes of this Section and the intent of the appropriate SCPA district.

 

c. A summary statement describing the anticipated traffic impacts of the proposed development.

1) The summary shall include a general description of the impact of the entire development on the local street and road network, and shall specify the maximum projected average daily trips and the maximum parking demand associated with buildout of the entire development.  

2) In addition to this basic information, an applicant either shall:

a) include a copy of the full traffic impact report specified in Section 137.XVI.C.1 for the full development of all phases of the Concept Development Plan; or

b) with the City Engineer's concurrence, request the full analysis called for in Section 137.XVI.C.1 be limited to the specific phases under review.   The Planning Commission may approve this request upon a determination that detailed traffic analysis for the remaining phases is not necessary to properly evaluate the Concept Development Plan.

3) If an applicant chooses to pursue option 2(a), the applicant may choose among three options for implementing required traffic capacity and safety improvements:

a) The Concept Development Plan may include a phasing plan for the proposed interior circulation system and for all on-site and off-site traffic capacity and safety improvements required on the existing street system as a result of fully implementing the plan.   If this option is selected, the traffic phasing plan shall be binding on the applicant.   This option may be executed at any time after approval of the Concept Development Plan, but if exercised or executed more than eighteen (18) months following initial approval, another traffic impact report shall be required.

b) The applicant may choose to immediately implement all required traffic safety and capacity improvements associated with the fully executed Concept Development Plan.   If this option is selected, no further traffic improvements will be required from the applicant.   However, if a Concept Development Plan is later amended in a manner so as to cause the projected average daily trips or the total parking demand of the development to increase over original projections, an additional traffic impact report shall be required to be submitted during the Detailed Development Plan review process for all future phases of the development project and additional improvements may be required.   

 

c) The applicant may defer implementation of any and all capacity and safety improvements required for any phase until that phase of the development reaches the Final Development Plan stage. If this option is selected, the applicant shall submit a supplemental traffic report along with the other materials required for Detailed Development Plan review of that phase.

4) Any traffic impact report done in conjunction with a future development phase is subject to review either through a public hearing or administrative process which includes the opportunity for review by affected agencies and interested parties, and the future development proposal is subject to imposition of appropriate conditions on that phase of the development project to mitigate identified traffic impacts of the proposed development.

(Amended by Ord. No. 4545/4-97.)

 

d. A statement describing the impacts of the proposed development on natural resources and on any resources contained in the City's Inventory of Cultural Resources , that is within the proposed site.

e. In addition to the submittal requirements of the Narrative Statement listed above, Concept Development Plan submittals by a major institution shall include an analysis of the institution's impacts and affects upon the surrounding community and neighborhood within one-half mile of the major institution.   Where two or more major institutions exist within a single SCPA District or where a major institution is within one-half mile of another major institution, each impact analysis shall identify and analyze the cumulative land use, traffic and circulation, parking, environmental and other impacts on the neighborhood and the community.   A marketing organization, land owners' association, or similar organization completely or nearly encompassing a major institutional campus or research park is exempt from filing a Concept Development Plan if it does not own or control real property within the District.   However, if such an agent takes on a role analogous to a developer of an industrial or business park with the ability to site establishments within a research park or institutional campus and make other arrangements necessary to the development of property or construction of buildings or tenant improvements, then the City will, like the industrial park developer, require the agent to prepare and gain approval of a comprehensive Concept Development Plan for the entire area under the agent's control.   (Added by Ord. No. 4545/4-97.)

6. Concept Development Plan Approval.

a. Notice of the public hearing on the Concept Development Plan before the Planning Commission shall be made in accordance with the procedures contained in Zoning Ordinance Section 116 (1).

b. The Planning Commission shall approve an application for Concept Development Plan approval only upon finding the following approval criteria are met:

(1) That the proposed Concept Development Plan is consistent with the purposes identified in this section and the intent of the applicable SCPA district;

(2) The phasing schedule is reasonable and does not exceed five (5) years between commencement of development on the first and last phases unless otherwise authorized by the Planning Commission; and

(3) That the proposed Concept Development Plan complies with minimum residential density, minimum floor area ratio and minimum usable open space requirements of Sections 137 and 138.

c. The Planning Commission may authorize and impose some or all of an applicant's proposed alternative development or design elements pursuant to the provisions of subsection VII.B.2.e. of this section.

d. The Planning Commission may impose such conditions as it deems necessary to ensure compliance with these elements and other applicable standards in Sections 137 through 142.

e. If an applicant represents to the Planning Commission, either verbally, in writing as part of a submittal, the applicant's intention to impose restrictions beyond the minimum requirements of the applicable development code(s), including but not limited to Zoning Code Sections 136-142, or represents that certain actions or conditions, through the use of private Deed Covenants, Conditions and Restrictions ("CC&Rs") or otherwise, will occur, the Planning Commission may include such representations and/or CC&R provisions in its Concept Development Plan Approval Order.   (Added by Ord. No. 4545/4-97.)

f. Concept Development Plan approval shall constitute approval in principle for the proposed phased development; provided, however, that Concept Development Plan approval shall be binding as to the following particulars:

(1) Minimum residential density, minimum floor area ratio and minimum usable open space for the project as a whole;

(2) Approximate location and type of permitted uses, and

(3) Consistency with the purposes identified in this section.

g. Concept Development Plan approval shall give the applicant the right to proceed with the filing of applications for Detailed Development Plan approval in a manner consistent with the approved Concept Development Plan, subject to compliance with the provisions of this subsection, all applicable requirements in Sections 136 through 142 of this Ordinance, all other applicable City ordinances and regulations, and such conditions of approval as the Planning Commission has attached to the Concept Development Plan approval.   An application for Detailed Development Plan approval of the first phase of the Concept Development Plan shall be filed not more than eighteen (18) months following the date of a final decision approving the Concept Development Plan.

h. If a Concept Development Plan was approved by the Planning Commission between August 6, 1996 and City Council approval of amendments to Sections 136-142 on April 15, 1997, at the option of the applicant, the provisions relating to the process and requirements for submittals for Concept, Detailed and Final Development Plans, and the binding requirements of subsection (f), above, in effect at the time of the application, shall remain applicable to that application.   (Added by Ord. No. 4545/4-97.)

           7. Concept Development Plan Modification

 

Applications for substantial modifications to an approved Concept Development Plan shall require a public hearing before and shall be reviewed by the Planning Commission pursuant to the procedures and standards specified in Sections 136.VII B 3, 4, 5, and 6 of this Ordinance.  The Planning Commission may approve a proposed modified Concept Plan of an approved concept development plan only upon finding that the proposed Concept Development Plan as modified equally or better complies with the concept development plan approval criteria listed in Section 136 VII B 6 (b).  The Commission may impose approval conditions on the Concept Development Plan as modified as necessary to assure compliance with those criteria.  The Commission may deny the proposed modification upon finding that the Concept Plan as modified does not equally or better comply with the criteria in Section 136.VII.B.6 (b).  The applicant must pay a fee as established by the City Council to defray costs to the City of a public hearing held for this purpose. (Added by Ord. No. 5893/12-08.)

8. Review Standards for Detailed Development Plan Approval .

a. Subject to applicable limited land use requirements for public notice and opportunity to submit testimony, the Planning Director shall review an application for Detailed Development Plan approval in the same manner the Director reviews an application for Development Review under Section 133 of the Zoning Ordinance.  Submittal of an application for Detailed Development Plan review shall be accompanied by payment of a fee equal to that fee established in Section 129 for a Development Review application. (Amended by Ord. No. 4725/10-98.)

b. If any provision or element of the Concept Development Plan that requires a public hearing before the Planning Commission was deferred, the Planning Director shall refer the Detailed Development Plan to the Planning Commission for public hearing and disposition.

c. Where a project submitted for Detailed Development Plan approval also involves the subdivision or partition of land, an applicant shall submit an application for a preliminary subdivision plat approval together with the application for Detailed Development Plan approval.   The two applications may be combined for public notice and public hearing purposes.  

d. The Planning Director shall approve an application for Detailed Development Plan approval only upon findings that:

(1) The Detailed Development Plan complies with all applicable requirements of Sections 136 through 142 of this Ordinance and other applicable provisions, including the provisions of applicable overlay zones; and

(2) If a Concept Development Plan has been approved, the Detailed Development Plan conforms with the Concept Development Plan, including conditions of approval attached thereto.

e. If the Planning Director finds that the Detailed Development Plan does not conform with an approved Concept Development Plan, approval shall be denied unless the Planning Director places conditions on the proposed Detailed Development Plan to achieve conformance with the Concept Development Plan. Minor changes from the Concept Development Plan shall not be deemed inconsistent or nonconforming if the changes meet all of the following criteria:

(1) The proposed change does not relate to any specific condition of approval or requirement placed on the Concept Development Plan by the Planning Commission;

 

(2) The proposed change is not prohibited by or require a variance from any provision of Sections 136 through 142 of the Zoning Ordinance;

 

(3) The proposed change does not involve a change in use;

(4) The proposed change involves only a minor or inconsequential shift in elements (buildings, streets, parking lot configuration, landscaping, usable open space, etc.) internal to the development and does not have impacts outside the development (roadway or driveway alignments, utility connections, increased traffic impacts, etc.);

(5) Any proposed change in the timing or phasing of the development does not adversely impact or delay construction of related infrastructure or transportation system elements, or preclude the timely and efficient provision of services to adjacent property, or adversely impact the existing infrastructure or transportation systems in the vicinity;

(6) The change does not increase the average daily auto; trips associated with the approved plan by more than one-hundred (100) trips;

 

 

 (7) The change does not decrease overall density of the development; and

(8) The proposed changed does not increase the overall residential density of the development by more than five percent (5%).

f. If the Planning Director denies Detailed Development Plan approval or places conditions on the approval which the applicant opposes, the applicant may apply to the Planning Commission for an amendment to the Concept Development Plan under the applicable provisions of Section 136.VII.B.3-6.

(Amended by Ord. No. 4545/4-97.)

9.  Detailed Development Plan Submittal:   Existing Conditions. The applicant shall submit a Detailed Development Plan to the Planning Director for approval. The Detailed Development Plan shall specifically and clearly show the following features and information on the maps, drawings, application form or attachments to depict existing conditions. An applicant with an approved Concept Development Plan or a converted PUD, shall be deemed in compliance with information required by this subsection and need not re-file the information.   However, if the application is based on a PUD approved prior to the effective date of this Ordinance which has not been converted to, or approved by this Ordinance as, a Concept Development Plan and if the information required below was not part of the submittals during the PUD process, the Planning Director or Planning Commission shall require any such supplemental information and any other information necessary to demonstrate compliance with the applicable provisions of Sections 136 through 142 as part of the Development Review submittals:

 

a. Proposed name of the development, and the names and addresses of the property owner(s), any contract or earnest money purchaser(s), the authorized agent and the applicant's professional consultants.

b. Date, north point and scale of drawing. Minimum scale for all drawings shall be one inch equals one hundred feet (1"=100').

c. A vicinity map showing the location of the development sufficient to define its location and boundaries and Washington County Tax Assessor's map numbers of the tract boundaries. The vicinity shall clearly identify the nearest cross streets.

d. An aerial photograph of the proposed site and properties within 250 feet of the site.

e. The site size, dimensions, and zoning, including dimensions and gross area of each lot or parcel and tax lot and Tax Assessor's map designations for the proposed site and properties within 100 feet of the site.

f. The location, dimensions and names, as appropriate, of existing and platted streets and alleys on and within 250 feet of the perimeter of the property, together with the location and dimensions of existing easements, sidewalks, bike routes and bikeways, pedestrian/bicycle accessways and other pedestrian or bicycle ways, transit streets and facilities, neighborhood activity centers, and the location of other important features such as section lines, section corners, City boundary lines and monuments.

g. Contour lines related to some established bench mark or other datum approved by the City Engineer and having minimum intervals as follows:

(1) For slopes of less than ten percent (10%), two feet (2').

(2) For slopes of ten percent (10%) to twenty percent (20%), five feet (5').

(3) For slopes of over twenty percent (20%), ten feet (10').

 

(4) Where lots are to be created on slopes in excess of twenty-five percent (25%), cross sections of those lots shall be provided. 

h. The location of natural resource areas on or within 100 feet of the site, including fish and wildlife habitat, natural areas, wooded areas, areas of significant trees or vegetation, wetlands and other water resources, and significant features such as large rock outcroppings and scenic views.

i. The location of inventoried historic and cultural resources on and within 100 feet of the boundaries of the site.

j. The location, dimensions and setback distances of all existing permanent structures, improvements and utilities on and within twenty-five feet (25') of the site, and the current or proposed uses of the structures.

10. Detailed Development Plan Submittal: Development Information. The following information also shall be shown to scale on the plan.

a. A detailed site development plan showing the location, building envelopes, dimensions, and setback distances of all proposed structures, improvements, utilities and land uses on the site, and the proposed uses and orientation of the structures. The site development plan shall show the building envelopes in relation to existing trees and natural resource areas on and adjacent to the site boundaries and show how the proposed layout of structures is consistent with the preservation of those trees and natural resource areas to the extent practicable. As used in this subsection, "trees" means trees of eight inch (8") caliper or greater measured four feet (4') above ground level.

b. A detailed site circulation plan showing proposed vehicular, bicycle and pedestrian access points and circulation patterns, parking and loading areas for commercial or multi-family uses, and a specific layout of the uses proposed within the development. The site circulation plan shall include the location, arrangement, number and dimension of automobile garages, parking spaces, aisles and bays and, if applicable, truck-loading areas.

c. A traffic analysis documenting the on- and off-site traffic impacts, as specified in Section 137.XVI.C.1.   If such an analysis was submitted as part of the Concept Development Plan process, the scope of the report may be limited to any changes which have occurred during the interim and any information listed below which was not a part of the initial study.  

The on-site portion of the analysis shall include the location, dimensions and names of all proposed streets, alleys, other public ways, sidewalks, bike routes and bikeways, pedestrian/bicycle accessways and other pedestrian and bicycle ways, transit streets and facilities, neighborhood activity centers, and easements on and within 250 feet of the boundaries of the site.   The map shall identify existing subdivisions and development and un-subdivided or un-partitioned land ownerships adjacent to the proposed development site and show how existing streets, alleys, sidewalks, bike routes, pedestrian/bicycle accessways and utilities within 250 feet may be extended to and/or through the proposed development.

 

d. The approximate street location, grades and radii of curves of all proposed streets on the site.

e. The location within the development and in the adjoining streets of existing and proposed sewers, water mains, culverts, drain pipes, underground electric, cable television and telephone distribution lines, gas lines, and the location of existing aerial electric, telephone and television cable lines, if any, to be relocated within the development.

f. If areas are to be graded, a grading and erosion control plan showing the nature of cuts and fills, information on the character of the soils, and a narrative explaining how the plan is consistent with the protection of trees and natural resource areas on and adjacent to the site to the extent practicable.

g. The location of proposed parks, playgrounds or other outdoor play areas; outdoor common areas and usable open spaces; and natural areas or features proposed for preservation.   The plan shall identify the location of all areas proposed to be dedicated or otherwise reserved for public use and those open areas to be maintained and controlled by the owners of the property and their successors in interest for their recreational and leisure use.

h. A street and exterior lighting plan, drawn to scale, showing type, height, and area of illumination along streets and in multi-family and non-residential areas.

i. The proposed ownership pattern and detailed phasing plans, if applicable.

11. Development Review.  Development projects under this process shall also comply with the Development Review requirements set forth in Section 133.   An applicant shall demonstrate compliance with those provisions and standards during Detailed Development Plan review.   Where a provision of Section 133 conflicts with the provisions, requirements and standards of Sections 137 through 142, the provision, requirement and standard of Sections 137 through 142 shall prevail.

12. Final Development Plan. Within twenty-four months following the approval of a Detailed Development Plan, the applicant shall file with the Planning Director a Final Development Plan containing in final form the information required in the Detailed Development Plan and construction drawings for the project. The application shall include the detailed and technical information required to demonstrate compliance with City standards and any conditions of Detailed Development Plan approval.   The construction drawings shall be the same as proposed to be submitted to the Building Department for Final Plan Check.

Upon the timely filing of a written request by the applicant and payment of the required fee, the Planning Director may, on a one-time basis, extend the period for filing of the Final Development Plan for an additional twelve (12) months. Failure to request an extension within twenty-four (24) months following the approval of a Detailed Development Plan shall result in the expiration of the Detailed Development Plan approval and require a new application.   Failure to file final plans and construction drawings within the allowed or extended time period shall also result in the expiration of the Detailed Development Plan approval and require a new application.

Where a project submitted for Final Development Plan approval also involves the subdivision or partition of land, an applicant shall submit an application for a final subdivision plat approval along with the application for Final Development Plan approval. The final subdivision plat approval process shall be combined with the Final Development Plan approval process.

Except where an application involves the final platting of a subdivision, in which case Planning Commission approval is required, review of a Final Development Plan is administrative.   The Planning Director shall inspect the Final Development Plan for consistency with this Section, other applicable Sections, and the Detailed Development Plan, including any conditions attached thereto.   If the Planning Director finds the Final Development Plan is fully conforming, the Planning Director shall approve the Final Development Plan and issue a Final Notice of Decision.

(Amended by Ord. No. 4545/4-97.)

13.  Filing and Recording of Final Development Plan.

a. Following approval of the Final Development Plan but prior to its execution, the applicant shall file with the Planning Director the conformed and approved Final Development Plan together with all pertinent documents.

b. Each owner of property approved for a Final Development Plan shall execute a notice prepared by the City which acknowledges the Final Development Plan approved by the City.   Such notice shall contain a legal description of the property and reference to the certified copy of the Final Development Plan filed with the Planning Director.   The notices and the Final Development Plan shall be submitted to Washington County for recording as necessary.

c. If the Final Development Plan also involves the subdivision or partition of land, the Planning Commission President or the Planning Director, as appropriate, shall be authorized to sign the final subdivision or partition plat.

(Amended by Ord. No. 4545/4-97.)

14. Development Improvement Prohibited Pending Compliance. No Building Permit shall be issued within the project until all provisions of this subsection, including execution, filing and recording of required documents; all requirements of the subdivision ordinance; and all necessary preconditions to development identified in the decision of the Planning Commission have been met. For purposes of this subsection, building permits do not include grading and erosion control permits, or private streets and infrastructure permits.  

15. Performance Bond or Security.  In approving any development project, the Planning Commission may require adequate financial guarantees of compliance with the Final Development Plan.

16. Expiration of Planned Development. If, within two (2) years following Final Development Plan approval, substantial construction or development has not occurred in compliance with the approved Final Development Plan and any schedule for phased completion, the authorization shall expire.   The Planning Commission may authorize one (1) additional year extension, but only upon determination that substantial construction or development is likely to occur within the time period granted by the extension.   No additional extensions may be granted.   If no extension is granted, the authorization shall expire.

  (Section B renumbered by Ord. No. 5893/12-08.)

C. Other Development Code Provisions. (Deleted by Ord. No. 5676/10-06. See Municipal Code Chapter 15.20.)