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CITY OF HOOD RIVER

LAND USE APPLICATION INSTRUCTIONS

& TIMELINE

1. Review Required: The attached application is required by the Hood River Municipal Code

(“Code”) for review of your proposed development. Review is required to make sure that your

proposal complies with the applicable provisions of the Code and that there are adequate

capacities of public facilities to meet the needs of your development.

2. Pre-Application Conference: Prior to submitting your application, you may be required to attend

a pre-application conference with city staff to discuss applicable standards and criteria of the

Code, and submittal requirements to make your application complete. Pre-application

conferences typically are scheduled approximately 4 weeks after submittal of an application and

fee. You also may be required to conduct a neighborhood meeting (mandatory for subdivisions

and PUDs).

3. Application Submittal: Applications may be mailed or submitted in person to the City of Hood

River Planning Department at City Hall, 211 2

Street, Hood River, OR 97031. The following

must be included in your application packet:

• Completed application form with property owner signature

• All required materials listed in the application form

• Application fee

• Electronic copy of application materials (original .pdf, not scanned) and three (3)

paper copies of application and all support materials

It is the applicant’s responsibility to demonstrate the proposal meets standards & approval criteria.

4. Completeness Review (≤ 30 days): Upon submittal, your application will be reviewed for

completeness within 30 days. Completeness is based upon the requirements of State law (ORS

227.178) and the requirements in the Code for your development proposal. It is the applicant’s

responsibility to provide written findings and materials to demonstrate the application complies

with the applicable approval criteria and standards.

5. Incomplete Applications (> 30 days): If the Planning Department determines that your

application is “incomplete,” you will be informed in writing and provided with a list of missing or

incomplete materials and options for completing the application. Refusal to submit all or some of

the missing information could limit the city’s ability to approve your application. Incomplete

applications become void 181 days after submittal (ORS 227.178).

6. Complete Applications: If the Planning Department staff determines that an application is

“complete,” you will be informed in writing and the review process will begin.

7. Review Process (≤ 120 days): Review of your application may be administrative, with no public

hearing, or it may be quasi-judicial, with a public hearing. For quasi-judicial review, applicants

are required to attend the public hearing. Notice of the application or public hearing will be

mailed to neighboring property owners for comment.

8. Decision: A decision with findings and conditions of approval will be issued after a public

comment period and public hearing (if applicable). All land use decisions are subject to an

appeal process. A final decision is expected within 120 days after an application is deemed

complete pursuant to ORS 227.178.

If you have questions about this process, please call the Planning Department at (541) 387-5210.

Application forms, the City’s Code and other useful information are available at the Planning

Department’s website: http://ci.hood-river.or.us/planning

File No.: ______________________

Fee: _________________________

Date Submitted: ________________

CITY OF HOOD RIVER

PLANNED DEVELOPMENT APPLICATION

MODIFICATION TO PRELIMINARY DEVELOPMENT PLAN

Submit the completed application

with three (3) additional paper copies of all application materials

including full- and reduced-sized plans, one electronic copy (.pdf) and appropriate fees to the City of

Hood River Planning Department, 211 2

St., Hood River, OR 97031. If you have any questions, please

contact the Planning Department at (541) 387-5210.

APPLICANT: (attach a copy of title or purchase contract if applicable*)

Name:

Address:

(physical)

(mailing)

(email)

Telephone:

Cell Phone:

Signature:

PROPERTY OWNER: (if different than applicant)

Name:

Address:

(mailing)

Telephone:

Cell Phone:

Signature:

*Authorization of property owner required.

PARCEL INFORMATION:

Township

Range

Section

Tax Lot(s)

Current Zoning:

Parcel Size:

Property Location (cross streets or address):

PUD INFORMATION: Project Name: _______________________________________________________________

Type of PUD:

Commercial Residential Mixed Use

Proposed # of Units:

Bonus Density Requested :

NO YES # of units:

30% Open Space Requirement fulfilled?

YES NO Reason:

Proposed modifications to approved PUD include (attach separate sheet):

click to sign

signature

click to edit

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signature

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PLANNED DEVELOPMENT APPLICATION SUBMITTAL REQUIREMENTS:

A. Pre-Application Conference. Prior to submittal of a Planned Development application, the

applicant shall attend a pre-application conference.

B. Neighborhood Meeting. Prior to submittal of a Planned Development application, the

applicant shall host a neighborhood meeting pursuant to HRMC 17.09.130.

C. General Submittal Requirements. The application shall contain all of the following:

1. Application form and fee.

2. Written verification of the date, time, attendance and outcome of the neighborhood

meeting, as well as a copy of the notice, official mailing list and affidavit of mailing.

3. A written statement of planning objectives to be achieved by the Planned Development.

This statement should include a description of the character of the proposed

development and the rationale behind the assumptions and choices made by the

applicant.

4. A development schedule indicating the approximate dates when construction, including

phasing, is expected to be initiated and completed. The statement should include the

anticipated dates when each stage will be completed; and the area, location, and degree

of development of common open space that will be provided at each stage.

5. A statement of the applicant's intentions with regard to the future selling or leasing of all

or portions of the Planned Development.

6. A written narrative explaining how the proposal complies with the applicable approval

criteria including the PUD requirements of HRMC 17.07.080(B), the PUD criteria of

17.07.090, the Conditional Use Permit criteria of 17.06.030, and the Site Plan Review

criteria of 17.16.040 or 17.16.050. If land division is proposed, the narrative must also

explain how the development meets the general approval criteria of 16.08.020(C).

7. A preliminary development plan.

D. Preliminary Development Plan Submittal Requirements. The preliminary development

plan shall include the following information, unless an exception is granted by the Planning

Director:

1. An existing conditions map;

2. A preliminary development plan;

3. A grading plan;

4. If land division is proposed, a preliminary partition or subdivision plat;

5. If no land division is proposed, a map showing other methods of segregating land for

management, use or allocation purposes;

6. Designation of areas proposed to be conveyed, dedicated, or reserved for public streets,

parks, parkways, playgrounds, school sites, public buildings, and similar public and

semi-public uses;

7. A plot plan for each building site and common open space area, showing the

approximate location of buildings, structures, and other improvements and indicating the

open space around building and structures;

8. A circulation diagram depicting off-street parking and loading, and indicating proposed

movement of vehicles, goods, and pedestrians within the Planned Development and to

and from thoroughfares. Any special engineering features and traffic regulation devices

shall be shown;

9. A landscaping plan;

10. Elevation and perspective drawings of proposed structures with enough detail to show

design features;

11. A copy of all existing or proposed restrictions or covenants;

12. A preliminary stormwater management plan (as determined by the City Engineer);

13. A traffic impact analysis (as determined by the City Engineer); and

14. A geotechnical analysis (as determined by the Building Official).

PRELIMINARY SUBDIVISION AND PARTITION PLAT REQUIREMENTS (16.08.020)

A. Preliminary Plat Information. In addition to the general information described in

16.08.020(A), the preliminary plat application shall consist of drawings and supplementary

written material (i.e., on forms and/or in a written narrative) adequate to provide the

following information:

1. General information:

a. Name of subdivision (not required for partitions). This name must not duplicate the

name of another subdivision in the county in which it is located (please check with

County surveyor);

b. Date, north arrow, and scale of drawing. Drawings shall be at a scale of 1:20

unless otherwise authorized by the City Engineer;

c. Location of the development sufficient to define its location in the City, boundaries,

and a legal description of the site;

d. Names, addresses, and telephone numbers of the owners, designer, and engineer

or surveyor, if any, and the date of the survey; and

e. Identification of the drawing as a “preliminary plat”.

3. Proposed improvements:

a. Public and private streets, tracts, driveways, open space and park land; location,

names, right-of-way dimensions, approximate radius of street curves; and

approximate finished street center line grades. All streets and tracts which are

being held for private use and all reservations and restrictions relating to such

private tracts shall be identified;

b. Location, width, and purpose of all easements;

c. Lots and private tracts (e.g., private open space, common area, or street):

approximate dimensions, area calculation (e.g., in square feet), and identification

numbers for all lots and tracts;

d. Proposed uses of the property, including all areas proposed to be dedicated to the

public or reserved as open space for the purpose of surface water management,

recreation, or other use;

e. Proposed improvements, as required by Chapter 16.12, and timing of improvements

(e.g., in the case of streets, sidewalks, street trees, utilities, etc.);

f. The proposed source of domestic water;

g. The proposed method of sewage disposal;

h. Method of surface water drainage and treatment if required;

i. The approximate location and identity of other utilities, including the locations of

street lighting fixtures;

j. Proposed railroad crossing or modifications to an existing crossing, if any, and

evidence of contact with Oregon Department of Transportation (ODOT) related to

proposed railroad crossing(s);

k. Changes to streams or other water courses. Provision or closure of public access

to these areas shall be shown on the preliminary plat, as applicable;

l. Identification of the base flood elevation for development in areas prone to

inundation. Evidence in writing of contact with the Federal Emergency

Management Agency (FEMA) to initiate a flood plain map amendment shall be

required when development is proposed to modify a designated 100-year flood

plain;

m. Evidence of contact with Oregon Department of Transportation (ODOT) for any

development requiring access to a highway under the State’s jurisdiction;

n. Evidence in writing of contact with the applicable natural resource regulatory

agency(ies) for any development within or minimum of 200 feet adjacent to

jurisdictional wetlands or other regulated water resources;

o. Street trees plan; and

p. Future street plan in accordance with Section 16.12.020(K).

ZONING ORDINANCE REVIEW CRITERIA: On a separate sheet of paper, explain in

detail how your proposal addresses each of the review criteria. Yes/No answers are not

acceptable. Please refer to the attached zoning criteria 17.06.030, 17.07.090 and

17.16.040 or 17.16.050.

A. Conditional Use Criteria (HRMC 17.06.030):

_____1. Impact

_____2. Nuisance

_____3. Plan Consistency

_____4. Scale

_____5. Transportation

_____6. Landscaping

_____7. Performance Bonds

_____8. Burden of Proof

_____9. Final Plans

B. Site Plan Review Criteria (HRMC 17.16.040 or 17.16.050):

_____1. Natural Features

_____2. Air Quality

_____3. Grading

_____4. Public Facilities

_____5. Traffic and Circulation

_____6. Storage

_____7. Equipment Storage

_____8. Compatibility (not applicable for multi-family or group residential)

_____9. Design

_____10. Orientation

_____11. Parking

C. Planned Unit Development (PUD) Criteria (HRMC 17.07.090):

_____1. Compliance with Title 16 – Subdivisions

_____2. 30% Open Space Requirement

_____3. Density

_____4. If density bonus requested, a detailed list of the qualifying architectural

features and/or compliance with affordable housing provisions

_____5. Relationship to Natural and Physical Environment

_____6. Private Outdoor Recreation Areas – Multi-Family Use

_____7. Shared Outdoor Recreation Areas – Multi-Family Use

_____8. Parking

_____9. Drainage

_____10. Flood Plain Dedication

D. Additional Criteria for Commercial and Industrial PUDs

_____1. Privacy and Noise

_____2. Commercial - Housing as a Secondary Use

_____3. Commercial - Architectural Features and Orientation

_____4. Industrial – Impacts

_____4. Industrial – Orientation

_____5. Industrial – Entrances

CHAPTER 17.06 - CONDITIONAL USES

Legislative History: Ord. 1488 (1980); Ord. 1667 (1992); Ord. 1668 (1992); Ord. 1669 (1992);

Ord. 1670 (1992); Ord. 1691 (1993); Ord. 1695 (1994); Ord. 1721 (1996); Ord. 1774 (1999);

Ord. 1816 (2001)

SECTIONS:

17.06.005 Purpose

17.06.010 Applicable Procedures

17.06.020 Application and Plan Requirements

17.06.030 Approval Criteria

17.06.035 Appeals

17.06.040 Time Limit on a Permit for a Conditional Use

17.06.050 Limitation on Reapplication

17.06.060 Revocation of Conditional Use Permit

17.06.005 Purpose. A conditional use permit is a mechanism by which the city may require

specific conditions of development or of the use of land to ensure that designated uses or activities

are compatible with other lawful uses in the same zone and in the vicinity of the subject property.

17.06.010 Applicable Procedures. The City shall process conditional use applications in

accordance with Review Procedures (Chapter 17.09) and the following:

1. Pre-application Conference: Prior to submittal of a conditional use permit, application,

the applicant or applicant’s representative shall attend a pre-application conference.

2. Application: An applicant may submit an application for a conditional use permit at

any time after completion of a required pre-application conference. The applicant shall

submit a complete application as specified in application and plan requirements section of

this chapter.

3. Quasi-Judicial Conditional Use: Applications shall be processed as a Quasi-Judicial

application as set forth in the Quasi-Judicial Actions provisions (Section 17.09.040).

4. Changes: Changes to an approved or pre-existing conditional use that does not increase

the density or impact of the use may be approved by the Planning Director. Changes that

the Planning Director determines will increase the density or impact of the use shall be

referred to the Planning Commission for a public hearing in accordance with the provisions

of this chapter. Prior to review, a plan showing the desired changes must be submitted to

the Planning Department.

5. Change in Use: As used in this chapter, change in use shall include, at a minimum,

expansion of the use, expansion or alteration of the structure or developed area, change in

the functional nature of the use, and/or change in the type of use.

17.06.020 Application and Plan Requirements

A. An application for a conditional use permit shall be submitted by the owner of the subject

property, or shall be accompanied by the owner's written authorization, on a form prescribed by

the City and accompanied by the required filing fee. The application shall include a plan or

drawing meeting the requirements below and a narrative explaining how the applicable criteria

are satisfied or will be satisfied through conditions.

B. The plan or drawing accompanying the application shall include the following information:

1. Dimensions and orientation of the parcel.

2. Locations and heights of buildings and structures, both existing and proposed. Scaled

elevation drawings and photographs shall be required.

3. Location and layout of parking and loading facilities, including bicycle parking

required pursuant to 17.20.040.

4. Location of points of entry and exit and internal circulation patterns for vehicular and

non-vehicular traffic in compliance with the requirements of Chapter 17.20.

5. Location of existing and proposed wall and fences and indication of their height and

materials.

6. Proposed location and type of exterior lighting.

7. Proposed location and size of exterior signs.

8. Site specific landscaping, including percentage of total net area.

9. Location and species of trees greater than six (6) inches in diameter when measured

four (4) feet above the ground, and an indication of which trees are to be removed.

10. Topographic map of the subject property using two (2) foot contour intervals (five (5)

foot contour intervals may be allowed on steep slopes).

11. Natural drainage and other significant natural features.

12. Legal description of the lot.

13. Percentage of the lot covered by all proposed and remaining structures, to include

asphalt concrete and Portland Cement Concrete.

14. Locations and dimensions of all easements and nature of the easements.

15. Service areas for uses such as loading and delivery.

16. Grading and drainage plan.

17. Other site elements that will assist in evaluation of the proposed use.

18. A brief narrative on the nature of the activity shall accompany the site plan including

the number of employees, the method of import and export, the hours of operation

including peak times, and plans for future expansion.

17.06.030 Approval Criteria. A conditional use shall be granted if the Planning Commission

finds that the proposed use conforms, or can be made to conform through conditions, with the

following approval criteria. For purposes of this chapter, the surrounding area includes all property

within the applicable notice area for a use. In addition, any property beyond the notice area may be

included in the surrounding area if the hearing authority finds that it may be adversely impacted by

the proposed use.

1. Conditional Uses: Conditional uses are subject to Site Plan Review Decision Criteria

(Chapter 17.16) in addition to the following:

2. Impact: The location, size, design, and operating characteristics of the proposed use

shall be made reasonably compatible with, and have minimal adverse impact on, the lawful

development of abutting properties and the surrounding area, with consideration given to:

a. Any harmful effects on desirable neighborhood characteristics and livability.

b. Bicycle and pedestrian circulation, access and safety.

3. Nuisance: The use shall not generate significant off-site nuisance conditions including,

but not limited to, noise, glare, odor, or vibrations.

4. Plan Consistency: The proposal shall be consistent with the Comprehensive Plan and

the requirements of the Zoning Ordinance.

5. Scale: The site must be physically capable of accommodating the proposed use,

including any needed landscaping, parking, and other requirements. The building size,

shape, and/or location may be changed if needed to assure the physical capability of the

site.

6. Transportation: Adequate transportation facilities are available to serve the conditional

use in terms of the function, capacity, and level of service identified in the Transportation

System Plan (TSP).

7. Landscaping: Landscaping shall be in conformance with the landscape regulations of

this title.

8. Performance Bonds: When needed to ensure performance of special conditions, bonds

or other acceptable securities shall be required.

9. Burden of Proof: The applicant shall bear the burden of showing how the proposed use

does conform or can be made to conform through conditions.

10. Final Plans: If the conditional use is approved, detailed final plans shall be submitted

which indicate conformance to the conditions. The final plans shall be subject to approval

by the City.

17.06.035 Appeals. Final decisions on conditional use permits may be appealed in accordance

with the Appeal Procedures (Section 17.09.070) of this ordinance.

17.06.040 Time Limits on a Permit for a Conditional Use. The conditional use permit is valid

for a period of two (2) years from the written notice of the final decision, or the decision on an

appeal, whichever is later.

A single one (1) year extension may be granted by the director prior to the expiration date if the

applicant can demonstrate that circumstances or conditions, not known or foreseeable at the time of

original application, warrant an extension of the permit. The extension request must be received

by the department no later than thirty (30) days prior to the expiration of the permit.

17.06.050 Limitation on Reapplication. No conditional use application shall be considered by

the Planning Commission within a six (6) month period immediately following a previous denial

of such request. An application may be denied without prejudice and a waiver of the six (6) month

restriction granted. If conditions have changed to an extent that further consideration of an

application is warranted, the hearing body, on its own motion, may consider new evidence and

waive the six (6) month restriction.

17.06.060 Revocation of a Conditional Use Permit

A. Any conditional use permit shall be subject to denial or revocation by the Planning

Commission if the application includes or included any false information, or if the conditions

of approval have not been complied with or are not being maintained.

B. In order to consider revocation of a conditional use permit, the Planning Commission shall

hold a public hearing as prescribed under Review Procedures (Chapter 17.09) of this title in

order for the holder of a conditional use permit to show cause why the permit should not be

revoked.

C. If the Planning Commission finds that the conditions of approval have not been complied

with or are not being maintained, a reasonable time shall be given for making corrections. If

corrections are not made, revocation of the conditional use permit shall become effective ten

(10) days after the time specified.

D. Reapplication for a conditional use which has been revoked cannot be made within one (1)

year after the date of the Planning Commission's action, except that the Planning Commission

may allow a new application to be considered if new evidence or a change in circumstances

warrants it.

E. Abandonment of the use for over twenty-four (24) consecutive months shall void the

conditional use. A single one (1) year extension may be granted by the director prior to the

expiration date if the applicant can demonstrate that circumstances or conditions, not known or

foreseeable at the time of original application, warrant an extension of the permit. The

extension request must be received by the department no later than thirty (30) days prior to the

expiration of the permit. If part of the conditional use is still being utilized, an additional

conditional use will need to be obtained in order for expansion of the use.

CHAPTER 17.07 PLANNED DEVELOPMENTS

Legislative History: Ord. 1488 (1980); Ord. 1774 (1999); Ord. 1806 (2001); Ord. 1904 (2006);

Ord. 1918 (2006); Ord. 1924 (2006); Ord. 1994 (2011)

SECTIONS:

17.07.010 Purpose

17.07.020 Applicability

17.07.030 Applicable Procedures

17.07.040 Applicability in Commercial and Industrial Zones

17.07.050 Allowed Uses

17.07.060 Applicability of the Base Zone Development Standards

17.07.070 Private Streets

17.07.080 Preliminary Development Plan Submission Requirements

17.07.090 Approval Criteria

17.07.100 Shared Open Space

17.07.110 Noncompliance and Bonding

17.07.010 Purpose. The purposes of the planned development are:

1. To provide a means for creating planned environments that are equal or better than

that resulting from traditional lot-by-lot land use development, through the application of

flexible standards such as zero-lot lines, narrower streets, and other innovative planning

practices;

2. To facilitate the efficient use of land;

3. To promote an economic arrangement of land use, buildings, circulation systems,

open space, and utilities;

4. To preserve to the greatest extent possible the existing landscape features and

amenities through the use of a planning procedure that can relate the type and design of a

development to a particular site;

5. To encourage development that recognizes the relationship between buildings, their

use, open space, and access ways, and thereby maximizes the opportunities for innovative

and diversified living environments; and

6. To encourage commercial and industrial development that includes a mix of uses, is

designed in a manner that mitigates impacts to surrounding uses, includes well designed

buildings that contribute the character of Hood River, and includes a thoughtful site plan.

17.07.020 Applicability

A. Zones. The planned development designation is applicable to all zones.

B. Minimum Site Size for Residential Development. Residential development in the R-1

zone shall have a minimum parcel size of a half (½) acre to apply the planned development

process. There is no minimum size for R-2 and R-3.

C. Density Calculations for a Planned Unit Development:

*All projects can get a 30% bonus density for affordable housing only.

SIZE

R-1

R-2

R-3

Infill PUDs

Total lot area divided by base zone. Infill projects are projects that do not require

any roadways, public or private.

2 acres or less

Subtract 40% from

total area before

dividing for base

density.

Subtract 30% from

total area before

dividing for base

density.

Subtract 30% from total area

before dividing for base density.

More than 2

acres

Subtract 50% from

total area before

dividing for base

density.

Subtract 40% from

total area before

dividing for base

density.

Subtract 30% from total area

before dividing for base density.

For density calculation purposes the final number shall be rounded down to the next whole

number if the calculation is .49 and rounded up to the next whole number if the calculation is

.50.

*Prior to a project being accepted for inclusion in the 30%, the applicant’s justification to include

a) how the units will not become second homes; b)how the units will be prevented from being

resold at market value; c)how they will not be immediately “flipped” for a quick profit; d)what

income range are the residents? shall be approved by the City and made part of the PUD

approval.

17.07.030 Applicable Procedures

A. Approval Process.

1. Preliminary Development Plat Approval: Preliminary development plan approval

shall be processed as a Quasi-Judicial Action.

2. Final Development Plan Approval: Final development plan approval shall be

processed as a Ministerial Action.

B. Concurrency with Subdivision and Partition Application. If the application involves

the division of land, the applicant shall file concurrently or file for subdivision or partition

approval prior to applying for Planned Development approval. If filed concurrently,

preliminary plat approval shall be processed along with preliminary plan approval, and the

final development plan shall be submitted for approval and filed along with the final plat.

C. Time Limit on Filing of Final Development Plan. Within two (2) years after the date

of the Planning Commission approval of the preliminary development plan, the owner shall

prepare and file with the Planning Director a final development plan. Action on the final

development plan shall be ministerial by means of a Ministerial Action using following

approval criteria:

1. The Planning Director shall approve the final development plan upon finding that the

plan conforms with the preliminary development plan approved, or approved with

conditions, by the Commission.

D. Preliminary development plan changes. The applicant may request modifications to

the preliminary development plan. Approval is based on the following the procedures and

criteria:

1. Minor Modifications: An application for approval of a minor modification shall be

reviewed as an Administrative Action, and the review shall be limited in scope to the

modification requested. A minor modification shall be approved, or approved with

conditions, if the preliminary development plan continues to meet the applicable

standards and criteria and is not a major modification as defined below. The

modification shall be processed as a minor modification(s) if the Planning Director finds

that all of the following criteria are met by the proposed changes listed below:

a. There will be no change in land use;

b. There will be no increase in the number of dwelling units;

c. There will be no change in the type and/or location of access ways, drives or

parking areas that affect off-site traffic;

d. There will be less than a five percent (5%) change in the floor area proposed for

nonresidential use where previously specified;

e. There will be a less than five percent (5%) change in the area reserved for

common open space and/or usable open space; and

f. There will be a less than five percent (5%) change to specified setback

requirements, provided the minimum setback standards of the land use district can

still be met.

2. Major Modification: An application for approval of a major modification shall be

reviewed as a Quasi-Judicial Action, and the review shall be limited in scope to the

modification requested. A major modification shall be approved, or approved with

conditions, if the preliminary development plan will continue to meet all applicable criteria.

All modifications to an approved development plan that are not minor modifications as

provided above, shall be reviewed as a major modification.

E. Extension. Extensions shall be processed as Ministerial Actions. The Planning Director

shall, upon written request by the applicant and payment of the required fee, grant an

extension of the approval period for the final development plan not to exceed one (1) year

provided that

1. No changes have been made on the preliminary development plan as approved by the

Planning Commission and as modified pursuant to the modification section above;

2. The applicant can show intent of applying for final development plan review within

the one (1) year extension period; and

3. There have been no changes to the applicable Comprehensive Plan policies and

ordinance provisions on which the approval was based.

F. Phased Development.

1. The Planning Commission may approve a time schedule for developing a site in

phases, but in no case shall the total time period for all phases be greater than five (5)

years without reapplying for preliminary development plan review.

2. A phased development plan proposal shall be approved subject to the following

conditions:

a. All public facilities associated with or necessary for the phase shall be constructed

in conjunction with or prior to each phase; and

b. The development and occupancy of any phase shall not be dependent on the use

of temporary public facilities. A temporary public facility is any facility not

constructed to the applicable City or district standard.

c. The final phase shall be completed and ready for occupancy no later than five (5)

years from the date of the final development plan approval.

3. If the final phase is not completed within the five (5) year time period, the Planned

Development will be in noncompliance with this chapter.

17.07.040 Applicability in Commercial and Industrial Zones

A. By Election. An applicant for a commercial or industrial project may elect to develop

the project as a planned development, in compliance with the requirements of this chapter.

B. As Condition of Approval in Commercial and Industrial Developments. An

approval authority may apply the provisions of this chapter as a condition of approving any

application for a commercial or industrial development.

17.07.050 Allowed Uses

A. In Residential Zones. Planned Developments in all residential zones may contain any

of the following uses subject to the density provisions of the underlying zone and the density

bonus provisions of this Chapter:

1. All uses allowed outright or by condition in the underlying zoning district

2. Single-family detached and attached residential units

3. Duplex residential units

4. Multi-family residential units

5. Manufactured homes

6. Public and institutional uses

7. Indoor recreation facility such as athletic club, fitness center, racquetball court,

swimming pool, tennis court, or similar use

8. Outdoor recreation facility such as golf course, golf driving range, swimming pool,

tennis court, or similar use

9. Recreational vehicle storage area, for the Planned Unit Development residents only.

B. In Commercial Zones. Planned Developments in all commercial zones may contain any

of the uses permitted outright or as a conditional use in the underlying zone.

C. In Industrial zones. Planned developments in industrial zones may contain any of the

uses permitted outright or as a conditional use in the underlying zone.

17.07.060 Applicability of the Base Zone Development Standards

A. Compliance to specific development standards. The provisions of the base zone are

applicable as follows:

1. Lot Dimensional Standards: The minimum lot size standards shall not apply.

Minimum frontage standards do not apply to buildings interior to the Planned

Development.

2. Building Height: Qualified commercial and industrial building heights may be

increased on the interior of the site when the building setback is increased. On qualified

buildings, the height may be increased one (1) foot for each additional foot of setback up

to a maximum of one hundred twenty percent (120%) of the base zone height standard.

To qualify, a building shall have eighty percent (80%) of the building footprint more than

thirty-five (35) feet from the Planned Development site boundary. See Diagram “B”

below. No height increases are allowed for residential buildings.

Diagram ”B” – Planned Development Boundary

3. Structure setback provisions:

a. Front yard and rear yard setbacks for structures on the perimeter of the project

shall be the same as that required by the underlying zone, unless increased in the

Planned Development review process.

b. The side yard setback provisions shall not apply except that all detached

structures shall otherwise meet the Uniform Building Code requirements; and

c. Front yard and rear yard setback requirements in the base zone setback shall not

apply to structures on the interior of the project except that:

(1.) A minimum front yard setback of twenty (20) feet is required for any garage

structure which opens facing a street.

(2.) A minimum front yard setback of eight feet is required for any garage opening

for an attached single-family dwelling facing a private street as long as the

required off-street parking spaces are provided.

B. Other Provisions of the Base Zone. All other provisions of the base zone shall apply

except as modified by this chapter.

17.07.070 Private Streets. Private streets are allowed as part of a Planned Development

when they conform to the following standards:

1. Private streets shall have a minimum improved width of ten (10) feet for each lane of

traffic.

2. On-street parking spaces shall be improved to provide an additional eight (8) feet of

street width.

17.07.080 Preliminary Development Plan Submission Requirements

A. Pre-Application Conference. Prior to submittal of a Planned Development application,

the applicant, or the applicant’s representative, shall attend a pre-application conference.

B. General Submission Requirements. The application shall contain all of the following:

1. A statement of planning objectives to be achieved by the Planned Development

through the particular approach proposed by the applicant. This statement should include

a description of the character of the proposed development and the rationale behind the

assumptions and choices made by the applicant.

2. A development schedule indicating the approximate dates when construction of the

Planned Development and its various phases are expected to be initiated and completed.

The statement should include the anticipated rate of development; the approximated dates

when each stage will be completed; and the area, location, and degree of development of

common open space that will be provided at each stage.

3. A statement of the applicant's intentions with regard to the future selling or leasing of

all or portions of the Planned Development.

4. A narrative statement documenting compliance with the applicable approval criteria

contained in this Chapter.

5. A preliminary development plan.

C. Additional Information. In addition to the general information described in Subsection

B above, the preliminary development plan, data, and narrative shall include the following

information:

15. A map showing street systems, lot or partition lines, and other divisions of land for

management use or allocation purposes;

16. Areas proposed to be conveyed, dedicated, or reserve for public streets, parks,

parkways, playgrounds, school sites, public buildings, and similar public and semi-public

uses;

17. A plot plan for each building site and common open space area, showing the

approximate location of buildings, structures, and other improvements and indicating the

open space around building and structures;

18. Elevation and perspective drawings of proposed structures with enough detail to

shown design features;

19. The following plans and diagrams:

a. An off-street parking and loading plan;

b. A circulation diagram indicating proposed movement of vehicles, goods, and

pedestrians within the Planned Development and to and from thoroughfares. Any

special engineering features and traffic regulation devices shall be shown;

c. A landscaping and tree plan; and

6. A copy of all existing or proposed restrictions or covenants.

17.07.090 Approval Criteria

A. Specific Planned Development Approval Criteria. The following approval criteria

shall apply to the planned development:

1. All the provisions of the land division provisions, Title 16, shall be met.

2. Except as noted, the Conditional Use Decision Criteria (Chapter 17.06) shall be the

approval criteria. A Planned Development need not meet these requirements where a

development plan provides alternative designs and methods, if acceptable to the Planning

Commission, that promote the purpose of this section. In each case, the applicant must

provide findings to justify the modification of the approval criteria in the Conditional Use

chapter (Chapter 17.06). The developer may choose to provide, or the Commission may

require, additional amenities, landscaping, or tree planting.

3. A minimum of thirty (30%) percent of a Planned Development site area shall be

reserved as common open space. The thirty percent (30%) open space requirement shall

be exempt in the Central Business district and the Heights Business District. Open space

means an area intended for common use either privately owned and maintained or

dedicated to the City. This area shall be designated for outdoor living and recreation or

the retention of an area in its natural state. Open space may include swimming pools,

recreation courts, patios, open landscaped areas, or greenbelts with pedestrian, equestrian,

and bicycle trails. Open space does not include off-street parking or loading areas.

4. Unless authorized below, residential density shall be governed by the density

established in the underlying zoning district. The Planning Commission may further

authorize a residential density bonus not to exceed thirty-three (33%) percent as an

incentive to enhance the architectural character of the development. The degree of

distinctiveness and the desirability of variation achieved shall govern the amount of

density increase that the Planning Commission may approve according to the following:

a. A maximum of ten (10%) percent is allowed for the inclusion of at least six (6) of

the architectural features listed below on all elevations, as appropriate for the proposed

building type and style. Features may vary on rear/side/front elevations where

appropriate.

b. A maximum of twenty (20%) percent is allowed for the inclusion of at least nine (9)

of the architectural features listed below on all elevations, as appropriate for the

proposed building type and style. Features may vary on rear/side/front elevations where

appropriate.

c. A maximum of thirty-three (33%) percent is allowed for the inclusion of at least

twelve (12) of the architectural features listed below on all elevations, as appropriate

for the proposed building type and style. Features may vary on rear/side/front

elevations where appropriate. See the following Diagram “C” for examples of

architectural features.

(1.) Dormers

(2.) Gables

(3.) Recessed entries

(4.) Covered porch entries

(5.) Cupolas or towers

(6.) Pillars or posts

(7.) Eaves (min. 18-inch projection)

(8.) Off-sets in building face or roof (minimum 16 inches)

(9.) Window trim (minimum 4-inches wide)

(10.) Bay windows

(11.) Balconies

(12.) Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting,

ornamentation, and similar features)

(13.) Decorative cornices and roof lines (e.g., for flat roofs)

(14.) Façade articulation (siding materials should only be changed along

horizontal lines)

(15.) High quality exterior siding material. High quality means that there should

be a single, clearly dominant material for all exterior walls. Brick, stucco, and

stone front facades shall return at least eighteen (18) inches around sidewalls.

Lap siding and shingles shall be exposed a maximum of five (5) inches. Heavier

materials shall appear only below lighter appearing materials.

(16.) An alternative feature providing visual relief, similar to options (1)-(15)

above.

5. The following criteria shall apply to all Planned Developments unless otherwise

specified as applicable only to certain specific uses:

a. Relationship to the natural and physical environment:

(1.) The streets, buildings, and other site elements shall be designed and located to

preserve the existing trees, topography, and natural drainage to the greatest degree

possible.

(2.) Structures located on the site shall not be in areas subject to ground slumping

and sliding.

(3.) There shall be adequate distance between on-site buildings and other on-site

and off-site buildings on adjoining properties to provide for adequate light and air

circulation and for fire protection.

(4.) The structures shall be oriented with consideration for the sun and wind

directions, where possible.

b. Private outdoor area – multi-family use:

(1.) Each ground-level residential dwelling unit shall have an outdoor private area

(patio, terrace, porch) of not less than forty-eight (48) square feet.

(2.) Wherever possible, private outdoor open spaces should be oriented toward

the sun.

(3.) Private outdoor spaces shall be screened or designed to provide privacy for the

use of the space.

c. Shared outdoor recreation areas – multi-family use:

(1) Each multiple-dwelling development shall incorporate shared usable outdoor

recreation areas within the development plan as follows:

(a) Studio units up to and including two (2) bedroom units shall provide 200

square feet per unit.

(b) Three or more bedroom units shall provide 300 square feet per unit.

(2) Shared outdoor recreation space shall be readily observable from adjacent

units for reasons of crime prevention and safety.

(3) The required recreation space may be provided as follows:

All outdoor space;

(a) Part outdoor space and part indoor space (e.g. an outdoor tennis court and

indoor recreation room);

(b) All public or common space; or

i. Part common space and part private (e.g. an outdoor tennis court, indoor

recreation room, and balconies on each unit).

i. Where balconies are added to units, the balconies shall not be less than

forty-eight (48) square feet.

d. Parking: All of the required off-street parking spaces may be provided in one or

more common parking lots within the Planned Development.

e. Drainage: All drainage provisions shall be subject to review and approval by the

City Engineer and shall comply with all applicable provisions of the ORS and

HRMC.

f. Floodplain dedication: Where landfill and/or development is allowed within or

adjacent to the one hundred (100) year floodplain, the City shall require consideration

of the dedication of sufficient open land area for a greenway adjoining and within the

floodplain. This area shall include portions of a suitable elevation for the

construction of a pedestrian/bicycle pathway within the floodplain in accordance with

the adopted pedestrian bicycle pathway plan.

Diagrams “C” – Examples of Architectural Features

Example of Façade Articulation Example of Exterior Siding Material

Examples of Architectural Features

B. Additional Criteria for Commercial and Industrial Development. In addition to the

specific Planned Development approval criteria above, Planned Developments with

commercial and industrial uses shall meet the following criteria:

1. Commercial and industrial uses that abut existing residential zones shall be located on

the site or be designed in a manner, to the maximum degree possible, to protect the

private areas on the adjoining properties from view and noise.

2. Commercial projects are encouraged to include housing as a secondary use, as

appropriate.

3. All commercial buildings shall contribute to the storefront character and visual

relatedness of surrounding buildings. This criterion is met by providing all of the

architectural features listed below along the front building elevation (i.e., facing the

street), as applicable.

(1.) Corner building entrances on corner lots. Alternatively, a building entrance may

be located away from the corner when the building corner is beveled or incorporates

other detailing to reduce the angular appearance of the building at the street corner.

(2.) Regularly spaced and similar-shaped windows with window hoods or trim (all

building stories).

(3.) Large display windows on the ground-floor (nonresidential uses only). Display

windows shall be framed by bulkheads, piers, and a storefront cornice (e.g., separates

ground-floor from second story, as shown below).

(4.) Decorative cornice at top of building (flat roof), or eaves provided with pitched

roof.

[Note: the example shown below (Diagram “D” – Building Design Elements) is meant to

illustrate required building design elements and should not be interpreted as a required

architectural style.

C. Industrial developments shall be oriented on the site to minimize adverse impacts (e.g.

noise glare, smoke, dust, exhaust, vibration, etc.) The following standards shall apply:

(1.) Mechanical equipment, lights, emissions, shipping/receiving areas, and other

components of an industrial use that are outside enclosed buildings shall be located away

from residential areas, schools, parks, and other non-industrial areas to the maximum

extent practicable; and

(2.) A landscape buffer, or other visual or sound barrier (fence, wall, landscaping, or

combination thereof), maybe required to mitigate adverse impacts that cannot be avoided

through building orientation standards alone.

D. Industrial buildings oriented to the street shall have architectural features such as

windows, pedestrian entrances, building off-sets, projections, detailing, change in materials,

or similar features to break up and articulate large building surfaces and volumes.

E. Industrial buildings shall have pedestrian-scale building entrances by including recessed

entries, canopies, and/or similar features.

Diagram “D” – Building Design Elements

17.07.100 Shared Open Space. The following requirements shall apply to common open

space in each planned Development:

1. The open space area shall be shown on the final development plan.

2. The open space shall be conveyed in accordance with one of the following methods:

a. By dedication to the City as publicly-owned and maintained as open space. Open

space proposed for dedication must be acceptable to the City with regard to the size,

shape, location, improvement, and budgetary and maintenance limitations; or

b. By leasing or conveying title (including beneficial ownership) to a corporation,

home association, or other legal entity, with the City retaining the development rights

to the property. The terms of such lease or other instrument of conveyance must

include provisions suitable to the City Attorney for guaranteeing the following:

(1.) The continued use of such land for the intended purposes;

(2.) Continuity of property maintenance;

(3.) When appropriate, the availability of funds required for such maintenance;

(4.) Adequate insurance protection; and

(5.) Recovery for loss sustained by casualty and condemnation or otherwise.

c. By any method which achieves the objectives set forth above.

17.07.110 Noncompliance and Bonding

A. Noncompliance. Noncompliance with an approved final development plan shall be a

violation of this chapter.

B. Issuance of Occupancy Permits. The development shall be completed in accordance

with the approved final development plan including landscaping and recreation areas before

any occupancy permits are issued. However, when the Planning Director determines that

immediate execution of any feature of an approved final development plan is impractical due

to climatic conditions, unavailability of materials, or other temporary condition, the

occupancy permit may be issued on condition that the applicant post a performance bond or

other surety acceptable to the City to secure execution of the feature at a time certain not to

exceed one (1) year.

CHAPTER 17.16 - SITE PLAN REVIEW

Legislative History: Ord. 1774 (1999); Ord. 1816 (2001); Ord. 1994 (2011); Ord. 2002

(2011)

17.16.040 Decision Criteria.

A. Natural Features: Significant natural features shall be protected to the maximum extent

feasible. Where existing natural or topographic features are present, they shall be used to

enhance the development. The use of small streams in the landscaping design shall be

encouraged rather than culvert and fill. Existing trees and large woody plants shall be left

standing except where necessary for building placement, sun exposure, safety, or other

valid purpose. Vegetative buffers should be left along major street or highways, or to

separate adjacent uses. The use should have minimal adverse impacts on the land and water

quality. Possible impacts to consider may include pollution, soil contamination, siltation,

and habitat degradation or loss.

B. Air Quality: The use shall have minimal or no adverse impact on air quality. Possible

impacts to consider include smoke, heat, odors, dust, and pollution.

C. Grading: Any grading, contouring, on-site surface drainage, and/or construction of on-site

surface water storage facilities shall take place so that there is no adverse effect on

neighboring properties, public rights-of-way, or the public storm drainage system. Graded

areas shall be replanted as soon as possible after construction to prevent erosion. A

construction erosion control plan shall be required.

D. Public Facilities: Adequate capacity of public facilities for water, sanitary sewers, storm

drainage, fire protection, streets, and sidewalks shall be provided to the subject parcel.

Development of on-site and off-site public facilities necessary to serve the proposed use

shall be consistent with the Comprehensive Plan and any adopted public facilities plan(s).

Underground utilities shall be required. Connection to Oregon Department of

Transportation (ODOT) stormwater facilities will require a permit from ODOT District 2C.

On-site detention or treatment of stormwater may be required by ODOT.

E. Traffic and Circulation: The following traffic standards shall be applicable to all

proposals:

1. Traffic Impact Analysis: The applicant will be required to provide a Traffic Impact

Analysis prepared by an Oregon licensed traffic engineer or a Transportation

Assessment Letter pursuant to Section 17.20.060.

F. Storage: All outdoor storage areas and garbage collection areas shall be screened through

the use of vegetative materials or appropriate fencing.

G. Equipment Storage: Design attention shall be given to the placement or storage of

mechanical equipment so as to be screened from view and that an adequate sound buffer

will be provided to meet, at a minimum, the requirements of the noise ordinance.

H. Compatibility: The height, bulk, and scale of buildings shall be compatible with the site

and buildings in the surrounding area. Use of materials should promote harmony with

surrounding structures and sites.

I. Design: Variety of detail, form, and siting should be used to provide visual interest. A

single uninterrupted length of facade shall not exceed 100 feet. Buildings shall utilize at

least three (3) of the following architectural elements to provide architectural variety:

1. Massing

2. Offsets

3. Materials

4. Windows

5. Canopies

6. Pitched or terraced roof forms

7. Other architectural elements

J. Orientation: Buildings shall have their orientation toward the street rather than the

parking area, whenever physically possible.

K. Parking: Parking areas shall be located behind buildings or on one or both sides,

whenever physically possible.

17.16.050 Multi-Family and Group Residential Decision Criteria.