A. 
In conjunction with the development of the Rock Creek Comprehensive Plan to establish an area outside of the City core (i.e., outside the 1992 UGMA) that allows a mixture of land use types, including attached housing, retail sales, offices, commercial services and encourages linked transportation trips among these uses, this district is guided by a master plan approved by the City that outlines the general and specific land uses and permits phasing of development. The district is intended to provide flexibility to anticipate local needs and market changes for City residents. Development in the Planned Mixed Use (PMU) District encourages public spaces, for better pedestrian and bicycle travel as well as a transition between high traffic streets and local residential neighborhoods. The Planned Mixed Use District in Happy Valley reinforces the concentration and intensity of uses planned in the 2040 Framework Plan. The district encourages efficient site utilization, including use of gross average density, reduced yard setbacks, and shadow plans.
B. 
The PMU District requires development over five acres to submit a master plan for approval. Once a master plan is approved for the PMU District, detailed development plans will be reviewed through the subdivision, PUD and/or design review process as described in Chapter 16.62.
C. 
For all properties located within the Rock Creek Comprehensive Plan Area, whether illustrated with an underlying Clackamas County zone, PMU designation or City zone on the City's Comprehensive Plan map/zoning map, the master plan or individual Comprehensive Plan map amendment/zone change will establish districts to demarcate the general location of commercial, employment and residential areas (mixed use commercial (MUC); mixed use employment (MUE); neighborhood commercial subdistrict (MUE-NC); and mixed use residential (MUR) through a Comprehensive Plan map amendment/zone change process, pursuant to the requirements of Chapter 16.67 of the LDC. For any parcel less than five acres in size, and thus not requiring a master plan, application of a mixed use commercial, employment or residential district shall also be the subject of a Comprehensive Plan map amendment/zone change, pursuant to the requirements of Chapter 16.67 of the LDC. The master plan shall further distinguish the general location of sub-areas within the residential district that will indicate where there will be a mixture of uses and residential areas by intensity of residential density. The commercial district does not require the identification of sub-areas. The general type of commercial uses are limited to retail, office and mixed use centers, all of which are permitted within the MUC District and to a limited extent within the MUR District. The master plan process is directed by Section 16.31.020.
(Ord. 389 § 1(Exh. A), 2009)
The PMU District encourages creative development patterns and well planned provision of infrastructure and uses. The district allows a variety of commercial uses and residential dwelling types and densities. The flexibility that is built into the Rock Creek Comprehensive Plan and PMU zone requires a property owner to prepare a detailed plan and study of property resulting in a master plan, which delineates residential and commercial boundaries and provides for phasing of development that can be implemented over time. The master plan process also provides certainty for the City and neighbors who will know with some detail, the amount of open space, location of commercial activity areas, major transportation routes and planned densities and housing types allowed in the Rock Creek Comprehensive Plan Area.
A. 
A master plan in accordance with the process outlined in Chapter 16.65 is required for mixed use developments over five acres.
B. 
Criteria for Approval.
1. 
Master plan is consistent with the purpose of this section, and meets the requirements Chapter 16.65;
2. 
Master plan is consistent with the applicable provisions of the Happy Valley Comprehensive Plan and Land Development Code;
3. 
If a master plan is proposed for a portion of contiguous ownership, then master plan must show transportation connections and other major functions on the contiguous land not included in the master plan;
4. 
A development agreement(s) is in place, or is part of the conditions of approval for a master plan. Development agreements provide a legal contract between the property owner and the City to provide for on-site and off-site improvements and development costs.
C. 
Site plan and platting as needed are required for development (if not completed during the master plan process). Once a master plan is approved, the applicant shall prepare a site plan and go through the design review process, and/or go through the land division process in order to develop land.
(Ord. 389 § 1(Exh. A), 2009)
A. 
Setbacks and Yards.
1. 
Standards are flexible and shall be determined through the master plan or a design review process.
2. 
Criteria for Review. The master plan shows commercial and mixed use buildings fronting the public right-of-way or private accessways where possible and provides for small front yard setbacks to create a more active streetscape.
B. 
Width and Depth.
1. 
Standards are flexible and shall be determined through the master plan process or a design review.
2. 
Criteria for Review. The general standards outlined in Chapter 16.63.
C. 
Tree Removal. Tree removal is not permitted in conjunction with a master plan, but rather must be applied for in compliance with Section 16.42.050 in conjunction with a concurrent or subsequent land division or site design review application.
D. 
Landscaping, Street Trees and Buffering.
1. 
The mixed use district shall have street trees and landscaping to create attractive developments, especially in the residential areas. Use of existing mature trees shall be utilized pursuant to Chapter 16.42. Standards are flexible and shall be determined where detail is available through the master plan. Hardscaping, such as plazas, and courtyards can count as landscaped areas if they are accessible to all users of a particular development.
2. 
Criteria for Review.
a. 
Within 50 feet of established single-family residential uses, there will be a vegetative buffer of at least 10 feet in depth, planted with evergreen trees or other screening materials to screen adjacent uses from development that is more intense than the existing residential uses. Where possible, existing evergreen vegetation will be left in the vegetative buffer area.
b. 
Landscape plans are required in the master plan process, and they shall use the standards in Chapter 16.42 as a guideline for basic landscaping features, planting materials, and provisions. Where future development areas are indicated on the master plan, detailed landscape plans shall be submitted in accordance with Chapter 16.42 during the design review process.
c. 
Due to the increased intensity of development in the Planned Mixed Use District, hardscaping is allowed to be included in the landscaping calculations, but not in the vegetative buffer, described in subsection (D)(1) of this section.
E. 
Land Division Processes.
1. 
PMU lands require a master planning process that includes a public hearing in front of the Planning Commission for consideration and approval. Concurrent or subsequent partitions, subdivisions or PUDs may be filed by the applicant, pursuant to the provisions of this title.
2. 
Partitions, subdivisions, and PUDs covered by a master plan shall be in conformance with the approved master plan.
F. 
Design Review Process for Master Planned Areas.
1. 
Development on PMU lands requires an extensive master planning process that includes a public hearing before the Planning Commission for consideration and approval. Consideration of the master plan for approval involves examination of design elements such as landscaping, typical building elevations, pedestrian pathways, and identification of open space within the greater subject site area. However, development subject to a design review application submitted with a master plan shall be coordinated with the master plan approval under the Design Review II process pursuant to the review criteria and process described in Chapters 16.46 and 16.62.
2. 
Design Review II Concurrent with Master Plan Approval. The master plan process gives the applicant the opportunity to submit development applications at the same time and request coordinated reviews. At the applicant's request, a site specific design review process and review as described in Chapter 16.62 shall be concurrent with the master plan process.
(Ord. 389 § 1(Exh. A), 2009)