The purposes of this section are to:
A.
Implement
the Comprehensive Plan and applicable land use district(s) by providing
a means for master planning large development sites;
B.
Encourage
innovative planning that results in projects that benefit the community
(i.e., through compatible mixed use development, improved protection
of open spaces, transportation options and consistent application
of standards in phased developments);
C.
Preserve
to the greatest extent possible the existing landscape features and
amenities that may not otherwise be protected through conventional
development;
D.
Facilitate
the review of multi-phased developments that are intended to be constructed
over a three-to seven-year period and ensure that individual phases
will be coordinated with each other over the duration of the final
master plan;
E.
Ensure
that a full range of public facilities and services are available
or will be provided for the proposed phased development and to plan
the extension of necessary public infrastructure in a timely and efficient
manner;
F.
Determine
specific land uses, a range of minimum to maximum square footage of
nonresidential uses and a range of minimum to maximum densities of
residential uses, the arrangement of uses, and the location of public
facilities and transportation systems;
G.
Identify,
during the public review process, potential impacts, including, but
not limited to, noise, shading, glare, utility capacity and traffic
and consider alternatives for mitigating these impacts to affected
properties and/or public facilities;
H.
Provide
the property owner with the assurance needed over the long term to
plan for and execute the proposed development.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014)
A.
A master
plan prepared in accordance with this chapter is required for the
following:
1.
A
quasi-judicial application to rezone sites (20 acres and larger).
A preliminary master plan may be submitted for review concurrently
with the zone change application or at a later date; however, in no
case shall a change to the official zoning map become effective until
a final master plan has been approved and effective for the site.
2.
Master
plans within these areas shall encourage mixed use developments which
will provide commercial retail and office employment opportunities,
and compact residential neighborhoods close to the commercial services
within the City.
3.
Development
within the Regional Center Mixed Use (RC-MU) zone.
4.
Developments
within the Mixed Commercial Center (MCC) zone involving 20 acres or
more of land.
B.
An
applicant may elect to develop a project as a master planned development
in compliance with the requirements of this chapter provided the site
is at least 20 acres in size. A site may be within any zone or combination
of zones and the master plan may allow any combination of uses permitted
by the underlying zone or zones within applicable mapped zoning district
boundaries.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014; Ord. 521 § 3, 2017; Ord. 534 § 1, 2017)
C.
The
preliminary master plan may be reviewed concurrently with other applications
including a comprehensive plan/zoning map amendment, preliminary land
division, specific area plans, land use district map and text amendments.
D.
A land division (final plat), design review, conditional use permit or variance application that implements the various phases of proposed development shall not be submitted concurrently with the preliminary master plan. These applications may be submitted after final master plan approval becomes effective, as described in Section 16.65.100.
E.
A neighborhood meeting is required prior to submittal of a preliminary master plan application. In order to provide the opportunity for early citizen involvement in the master plan review process, the applicant shall provide notice and invite citizen participation by initiating a neighborhood meeting. The meeting shall be scheduled after the pre-application meeting and prior to the formal submittal of a preliminary master plan application. The applicant shall be responsible for scheduling and organizing the meeting, arranging the meeting place, notice and all related costs. The notice shall provide a brief description of the proposal and shall be mailed to those property owners and residents within 300 feet of the proposed master plan. The meeting may be held in any public or private building capable of accommodating the proceeding. The building selected should be in the vicinity of the proposed development. The applicant shall submit a summary of the questions raised and responses made at this meeting with the preliminary master plan application as required in Section 16.65.050.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014; Ord. 501 § 1, 2016)
The district standards in Article 16.2 and design standards
of Article 16.4 may be modified through the master plan approval without
the need for variances, except that the following standards within
Articles 16.2 and 16.4 shall not be modified:
A.
Public
improvement standards and engineering design criteria shall not be
modified without variance to such standards approved by the City Engineer.
The City may grant such variances concurrently with other planned
development approvals;
B.
Residential
densities, as allowed under the Comprehensive Plan; and
C.
Industrial
and commercial uses, if not otherwise allowed in a residential district,
shall not be allowed in a residential district master plan.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014)
A.
General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III-PC procedure, as governed by Section 16.61.040. In addition, the applicant shall submit 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.
The
proposed number of residential units and/or square footage of commercial,
industrial and/or public uses and the density or intensity of proposed
uses, including applicable Floor Area Ratios (FARs);
3.
Narrative report or letter documenting compliance with the applicable approval criteria contained in Section 16.65.060;
4.
Special
studies prepared by qualified professionals may be required by the
Planning Official, Planning Commission or City Council to determine
potential traffic, geologic, noise, environmental, natural resource
and other impacts, and required mitigation.
B.
Additional Information. In addition to the general information described in subsection A above, the concept plan, data, and narrative shall include the following exhibits and information:
1.
Existing conditions map, as defined in Section 16.62.030, Design review application submission requirements;
2.
A
vicinity map drawn to scale depicting existing bus stops, streets,
driveways, pedestrian and bicycle connections, fire hydrants and other
transportation/fire access issues within 300 feet of the proposed
master plan site;
3.
Proposed
site plan identifying land uses, building envelopes, pedestrian, bicycle
and vehicular circulation and access, parking areas, open space, utility
connections, boundaries of existing and proposed land use districts
and other information necessary to convey the general development
plan;
4.
Grading
concept and stormwater management plan including existing and proposed
elevations, site grades and contours, general drainage patterns and
discharge locations, and the estimated size and location of stormwater
management systems components;
5.
Landscape
concept (e.g., shows retention of existing vegetation and general
planting areas);
6.
Architectural
concept (e.g., information sufficient to describe architectural styles,
building heights, and general materials);
7.
Sign
concept plan (e.g., locations, general size, style and materials of
signs);
8.
A
public right-of-way/easement/public place map depicting the reservation,
dedication, or use of the proposed master plan site for public purposes,
including, but not limited to: rights-of-way showing the name and
location of all existing and proposed public and private streets within
or on the boundary of the proposed master plan site, the right-of-way
and paving dimensions, and the ownership and maintenance status, if
applicable, and the location, width and construction material of all
existing and proposed sidewalks; pedestrian access ways and trails;
proposed easements; existing easements; parks; open spaces, including
plazas; transit facilities; and school sites;
9.
A Traffic Impact Study, as specified in Section 16.61.090, the scope of which shall be established by the City's Traffic Engineer;
10.
A Phasing Plan. The phasing plan shall illustrate the proposed location
of buildings, streets, utilities and landscaping. Phasing shall progress
in a sequence that provides street connectivity between the various
phases and accommodates other required public improvements such as
wastewater facilities, stormwater management, electricity and water.
The phasing plan shall consist of maps and a narrative with an overall
schedule or description of on-/off-site phasing including, but not
limited to: the type, location and timing of proposed uses, building
locations; proposed public facilities including on-/off-site streets
and traffic signals or other traffic control devices and utilities
with the designation of construction and maintenance responsibility;
estimated start/completion dates with a proposed type of financial
guarantee, including, but not limited to, a bond, letter of credit,
joint deposit or other security in a form acceptable to the City,
submitted by the property owner, a future buyer and/or a developer,
to ensure planned infrastructure improvements will occur with each
phase, if necessary, or when required by the City, affected local
agency or the State (the formal submittal of a required guarantee
typically occurs during the final master plan review process and/or
development implementation); a statement of the applicant's intentions
with regard to the future selling or leasing (if known at the time
of preliminary master plan submittal) of all or portions of the proposed
development (where a residential subdivision is proposed, the statement
shall also include the applicant's intentions whether the applicant
or others will construct the homes); and the relationship of pedestrian
and bicycle connectivity and open space requirements to the proposed
phasing;
11.
Neighborhood Meeting Summary. The applicant shall submit a summary of issues raised at the neighborhood meeting as specified in Section 16.65.030(D);
12.
A copy of all proposed and any existing covenants, conditions, and
restrictions that may control development, if applicable; and
13.
Annexation. A general schedule of proposed annexation consistent
with the phasing plan, if applicable.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014; Ord. 501 § 1, 2016)
The City shall make findings that all of the following criteria
are satisfied when approving or approving with conditions, the preliminary
master plan. The City shall make findings that not all of the criteria
are not satisfied when denying an application:
A.
Comprehensive
Plan. All relevant provisions of the Comprehensive Plan are met;
B.
Articles 16.2, 16.3 and 16.4 Standards. All of the land use, development, and design standards contained in Articles 16.2, 16.3 and 16.4 are met, except as may be modified in Section 16.65.040;
C.
Open Space. A residential master plan shall contain a minimum of 20 percent useable open space and a nonresidential master plan shall contain a minimum of 10 percent useable open space. A mixed-use master plan shall contain a percentage of open space based on the proportional amount of gross site area used for residential and nonresidential uses. This requirement may be satisfied by Section 16.63.130, if part of a planned unit development. Residential master plans containing multifamily developments are further subject to the usable open space requirements of Section 16.44.010(B)(9). Public open space shall be integral to the master plan. Plans shall emphasize public gathering places such as community centers, plazas, neighborhood parks, trails, and other publicly accessible spaces that integrate land use and transportation and contribute toward a sense of place. Where public or common private open space is designated, the following standards apply:
1.
The
open space area shall be shown on the final plan and recorded with
the final plat or separate instrument, and
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 open space.
Open space proposed for dedication to the City must be within the
Happy Valley Parks Master Plan and capital improvement plan and acceptable
to the City with regard to the size, shape, location, improvement,
environmental condition (i.e., the applicant may be required to provide
a level one environmental assessment), and budgetary and maintenance
abilities, or
b.
By leasing or conveying title (including beneficial ownership) to
a corporation, home association or other legal entity;
D.
Transportation
System Capacity. With the addition of traffic from the proposed development,
there is either sufficient capacity in the City's existing transportation
system to accommodate the development proposed in all future phases
or there will be adequate capacity by the time each phase of development
is completed. Adopted State and/or local mobility standards, as applicable,
shall be used to determine transportation system capacity;
E.
Circulation
and Parking. Circulation and parking have been designed to facilitate
traffic safety and avoid congestion and to provide bicycle and pedestrian
connectivity within the property and to nearby transit stops and public
areas;
F.
Public
Utilities. Existing public utilities either have sufficient capacity
to support the proposed development in all future phases adequately,
or there will be adequate capacity available by the time each phase
of development is completed;
G.
Physical
Features. Physical features, including, but not limited to slopes
subject to the City's Steep Slopes Development Overlay, areas with
susceptibility to flooding, significant clusters of trees and shrubs,
riparian, wildlife, and wetland resources subject to the City's Natural
Resource Overlay Zone, rock outcroppings and open spaces and areas
of historic and/or archaeological significance will be preserved to
the extent feasible;
H.
Phasing
Plan. The Phasing Plan demonstrates that the construction of required
public facilities shall occur in a logical sequence, either in conjunction
with, or prior to each phase, or that there are appropriate financial
guarantees to ensure the phased public facilities construction will
occur;
I.
Compatibility
with Adjacent Uses. The proposed preliminary master plan contains
design elements including, but not limited to landscaping/screening,
parking/traffic management, and multi-modal transportation that limit
and/or mitigate identified conflicts between the site and adjacent
uses;
J.
Planned
Mixed Use Areas. The following list provides a list of objectives
of the master plan portion of this title and shall be utilized as
general guidelines when evaluating master plans:
1.
To
provide for a desirable urban living and working environment with
a compact urban form, and a mixture of uses,
2.
To
provide for the protection of natural resources, while meeting the
employment and population targets set by the Metro Urban Growth Management
Functional Plan for the City of Happy Valley,
3.
To
encourage developers to use a more creative and flexible approach
in the development of commercial and residential areas within the
City,
4.
To
provide a process that allows creativity and flexibility.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014; Ord. 501 § 1, 2016; Ord. 534 § 1, 2017; Ord. 582, 3/19/2024)
A.
Preliminary Master Plan—Conditions. The City may attach conditions to a preliminary master plan that the City deems necessary to ensure compliance with the approval criteria in Section 16.65.060 and all other applicable provisions of this Code. All conditions shall be satisfied prior to final master plan approval. Certain conditions may require an adequate financial guarantee in a form acceptable to the City to ensure compliance.
B.
Time Limit. Within two years after the date of approval of the preliminary master plan, the applicant or the applicant's successor shall prepare and file with the City a final master plan, in conformance with Section 16.65.080.
C.
Extension.
The City may, upon written request by the applicant and payment of
the required fee, grant a written extension of the approval period
not to exceed one year provided that:
1.
No
changes have been made on the preliminary master plan as approved;
2.
The
applicant can show intent of applying for final master plan review
within the one-year extension period;
3.
There
have been no material changes to the applicable elements of the City's
Comprehensive Plan and Land Development Code provisions on which the
approval was based; and
4.
The
extension request is made before expiration of the original approval
period.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014; Ord. 501 § 1, 2016)
The final master plan shall illustrate the location of proposed
buildings, streets, utilities, parking and landscape areas. The final
master plan shall incorporate all conditions of approval. The final
master plan application shall include:
A.
A narrative
that lists the conditions of approval, explains how each condition
is met and references the applicable preliminary master plan maps
and diagrams or plan sheets that required revision as a condition
of approval;
B.
The
specific maps, diagrams, plan sheets or other documents referenced
above that have been revised and/or demonstrate conformance with the
preliminary master plan approval; and
C.
Any
other information that may be required by the City.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014)
The City may approve the final master plan upon finding that the final plan conforms to the preliminary master plan and required conditions of approval. Minor changes to the approved preliminary master plan may be approved with the final master plan, when the approval body finds that the modification(s) is/are consistent with the criteria in subsections A through G below. Changes exceeding those in subsections A through G below, must be reviewed as major modifications under Section 16.66.030.
A.
Increased
residential densities (overall or reallocated between development
phases) by no more than 20%, provided such increase conforms to the
Comprehensive Plan and underlying district;
B.
Increase
in lot coverage or impervious surface (overall or reallocated between
development phases) by no more than 15% over that which is approved;
C.
Reduction in open space or landscaping by no more than 10% provided the minimum open space requirements in Section 16.65.060(C) are still met;
D.
Increase
in overall automobile parking spaces by no more than 10%;
E.
Land
Use. No change in land use shall be permitted without a major modification
to the concept plan;
F.
Proposals
to add or increase lot coverage within natural resource areas or areas
subject to a potential hazard shall require a major modification to
the concept plan;
G.
Major changes in the location of buildings, proposed streets, parking lot configuration, utility easements, and landscaping or other site improvements shall require a major modification pursuant to Chapter 16.66. "Major" in this subsection means by more than 100 feet, or 15%, relative to setbacks; and
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014)
B.
Once
the final master plan effective date is established, all persons and
parties, and their successors, heirs or assigns, who have or will
have any interest in the real property within the final master plan
boundary, shall be bound by the terms and conditions of approval of
the final master plan and the provisions of this section. Notice of
the final master plan effective date will be mailed to the applicant.
(Ord. 389 § 1(Exh. A),
2009; Ord. 446 § 1, 2014)
A.
A land
division, land use review, design review, conditional use permit or
variance application may not be submitted until the final master plan
is final.
B.
The
approved final master plan shall be the basis evaluating all phases
of proposed development, including a land division, land use review,
design review, conditional use permit or variance application.
(Ord. 446 § 1, 2014)
A.
Proposed final master plan modifications shall be reviewed in accordance with Chapter 16.66 Modifications to Approved Plans and Conditions of Approval.
B.
An applicant may also request an extension of the final master plan time limit beyond the maximum approved time limit of seven years. In no case shall the extension exceed 15 years from the date of final master plan approval as specified in Section 16.65.100(A). An extension request shall be filed in writing with the City at least 60 days prior to the expiration of the initial seven-year period or any subsequently approved extensions. The time line extension may be granted provided the applicant has made reasonable progress in the implementation of the final master plan and public services and facilities remain available. A request for a time extension shall be processed as minor modifications in accordance with Section 16.66.040.
(Ord. 446 § 1, 2014)
