HomeMy WebLinkAboutComments Miscellaneous 9/4/2008
Master Plan code revisiops
.
.
Page I of1
KARP Gary
From: Farrington, Phil [PFarrington@peacehealth.org]
Sent: Thursday, September 04, 2008 12:23 PM
To: KARP Gary
Cc: MOTT Gregory; GRILE Bill; Werfelmann, Jim; Saydack, Roger; KNAPEL Carole
Subject: Master Plan code revisions
Attachments: MASTER PLAN AMENDMENT DRAFT 2 (2) wPF edits. doc
Gary,
Attached are my comments and suggested edits provided in legislative format regarding the City's proposed changes to the
Master Plan section of the Springfield Development Code. Please enter these comments into the record.
If you have any questions/comments, please contact me. Regards and thanks for the opportunity to comment,
Philip
Philip Farrington, AICP
Director, Land Use Planning & Development
PeaceHealth Oregon Region
123 International Way
Springfield, OR 97477
(541) 686-3828
fax (541) 335-2595
mobile (541) 912-9281
I1farrinqton@I>eacehealth.orq <mailto: pfarrinqton@l1eacehealth.orq>
<<MASTER PLAN AMENDMENT DRAFT 2 (2) wPF edits.doc>>
TIlls message is intended solely for the use of the individual and entity to whom it is addressed, and may contain
information that is privileged, confidential, and exempt from disclosure under applicable state and federal laws. If
you are not the addressee, or are not authorized to receive for the intended addressee, you are hereby notified that
you may not use, copy, distribute, or disclose to anyone this message or the information contained herein. If you
have received this message in error, immediately advise the sender by reply email and destroy this message.
Date Received: 01 04 (J ~
Planner: GK
11/20/2008
OVERVIEW Draft 07131108
eF;tf42//VQp;('v ~
co;tIM (;;;Illi]
.
The proposed amendment of Section 5.13-100 Master Plans arises from issues occunring
during and after the review of the Marcola Meadows, RiverSend and MountainGate Master Plan
applications. The proposed amendment is based upon the current Master Plan process, which
will not substantially change. The proposed amendment
1. Addresses application completeness by requiring the same Pre-Submittal Meeting review
process that currently applies to Site Plan, Subdivision and Partition applications to also
apply to Master Plan applications (see Sections 5.13-115 and 5.13-132).
2. The reference to "basic underlying assumptions" found in the current Master Plan
regulations is deleted because they were found to be redundant when the Master Plan
submittal requirements (see Section 5.13-120) and modification processes were amended
(see Section 5.13-135).
3. Establishes separate Preliminary Master Plan application review (see Sections 5.13-115
through 5.13-130) and Final Master Plan application review (see Sections 5.13-131
through 5.13-134) processes. The Preliminary Master Plan application is reduced from a
Type III/IV procedure to a Type II/III procedure. The Final Master Plan application is
specified as a Type 1/11 procedure.
4. Establishes a Neighborhood Meeting public involvement process prior to Preliminary
Master Plan submittal, which would be the applicant's responsibimy (see Section 5.13-
117).
5. Establishes clearer Preliminary Master Plan submittal requirements and approval criteria
sections to allow both staff and the applicant to better address them (see Sections 5.13-
120 and 5.13-125).
6. Continues to ensure the applicant protection from most new development standards for
the 7 year Final Master Plan approval time line to include extensions for up to 10 years,
but does not apply this protection for extensions over 10 years up to 15 years (see Section
5.13-140).
7. Establishes the following Master Plan review process:
a. Pre-Application Report application - the applicant asks questions of staff; staff
responds in writing and explains the review process (applicant submits/staff reviews);
b. Neighborhood Meeting (applicant's responsibility, including notice):
c. Pre-Submittal Meeting application for the Preliminary Master Plan application -
completeness review (applicant submits/staff reviews);
d. Preliminary Master Plan application formal submittal and acceptance (applicant
submits/staff reviews);
e. Preliminary Master Plan approval/denial (staff or Planning Commission decision).
f. Pre-Submittal Meeting application for Final Master Plan - completeness review
applicant submits/staff reviews);
g. Final Master Plan application formal submittal and acceptance (applicant submits/staff
reviews).
h. Final Master Plan approval/denial (staff) - The Final Master Plan application must be
submitted within one year of Preliminary Master Plan approval. If the Final Master Plan
is not in substantial compliance with the approved Preliminary Master Plan, the Final
Master Plan will require Type II procedure;
i. Recordation of a Memorandum of Final Master Plan approval and any additional
conditioned documents (applicant);
j. Final Master Plan approval granted effective on date of recordation (staff); and
k. Submittal of the Subdivision and Site Plan Review applications to initiate the various
phases (applicant submits/staff reviews).
Date Received' 070:; 0 <2.
Planner: GK . -
.
.
Commentary. Current Section 5.13-100 is deleted in its entirety to make room for the
proposed amendments. However, the term "Master Plan" is currently mentioned tn SDC
Sections 3.4-215 through 3.4-225 (the Glenwood Riverfront Plan District). This current version
will be placed in SDC Appendix until such time as the Glenwood Refinement Plan and the
Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: [sIRke
through). Language proposed to be added is shown as: lanauaae added.
[Sestion 6.13 100 Master Plans
1&.1310& P"",ese
A. .^. Maeler PlaA is a sem~r..heAeive ~laA Ihat allowe ~hasiA~ of a e~eeifis se'Jele~menl ar..a
ever several yoa,. fer ~lIelis, semmeffiial, iAsllelRal or residential development. .'\ Maelor
PlaA, iA Ihis seAlex!, is s~eeifis Ie this Cese ans is AOt oonsider<lsle be a ",finement plan
or any other eimilar slleset ef Ihe Melre PlaA. By ass",esiA9 ~lIelis eel\'iGo impacts aAs
de'Jele~meAt reqllir..menls al Iho lime ef ap~",val ef Maeler PlaA, Iheee im~acts ans
mqllirements Aeos not ee reass",ssed at elleeequeAt phaees aAslhe se'Jeloper may rely
on the Master PlaA appro'lal iA implemenliA~ Iho se'Jelo~menl.
B. The pll'llose of a Macter Plan is to:
1. Pro'.'ide ~fOlimiAary ap~reval fer the entir.. de'Jelopment ar..a in ",lotion te laAs
IIses, a raA~e ef minimllm to maximllm potontial inlonEitios and sonEitieE,
aFf8A~emenl of uses, aAs the leGatioA of puelic faeil~ioE and ImAEperlatieA EyclomG
when a se'JelOpmoAt ama is ~r..poses to eo sevolopos in ph aces;
2. Aesure that insi.:isual ~hases of a sevelop",eAt will eo GOefS/Aates with eaGh other;
3. Pr"'.'ise tho ap~lisanl aA aGellrancs of the City's expectatieA for Ihe e':erall
sO'Jelopment as a basis fer setailes ~laAAiA~ and in\-eslmont by the develo~er.
C. The PlaAAiA~ CemmiseieA shall a~~"'vo the '1acter PlaA pRor to City ap~"'''al of a ",Iatos
SIIMi.JiEioA or Site PlaA a~~lisalioA; hO>\'e'.'ef, Ihe Master Plan may ee f8\'iewes
ceneufHlAtly with a Zonin~ Map ameAs",enl, DisGretienary Use, 'laRa Ace aAslor aAY ethor
a~plicatioA or app"".'al sell~ht ey Ihe a~~lisaAt ",Ialeslo tho Maeler Plan.
g. SII9jesl Ie ~Ror a~~""'al of a Maeter Plan, a soparate Suesi'JisieA er Sito PlaA application
shall ee a~~",ves fer each phaee. The Maeler PlaA shall eo the easis fer Ihe evalllatien of
all ~hases of de'Jolopment on any issues that it assfesses. Phases may be Gemeines fer
censiaemtioA.
E. Apwo'Jal of a Maeter PlaA is effecti"e fer lip 10 7 yea,.; howover the a~p"'\'es Master Plan
time limit may ee extendod ~1I,.uant Ie Sectien 5.1 J 1 J5, AferJi/i{la!;ons to /tIo Master P!an
anrJ Scherill/e.
1&.13110 Alllllieaeility
Tho Master PlaA proceSG a~plies '....Ron iAitiatoa ey aA applicaAt "heA Iho fellowin~ GrileRa are
me\;
2
Date Received: 0''1 0' q. 0 'ti
Planner; GK
The de'Jelapmant area is ~nder aRB awne~hip; ar
If th.e de'/alapment araa has m~ltiple a""'e~ th
wRtln9 Ie the Master Plan Feview pres~~s' 'd en all aw"e~ af ",serd ha,,,,, sansented in
The ae\'Slel'lmeRt 8AJ3 is a 3~m& er great~~.A
~Jetwithstandin9 the "lra9aing the D' Gt
. . ' IFe armardete . th
IS InappropRate as a Maeter Plan and the ap I" ti ,:",'ne atthe prepesed develapment
p Isa an 11111 net be asooptad.
16.13116 Re"ie'"
. n
.
.
.
"0
B.
c.
D.
.
"0
Master Plans ara F8'/iewed ~Rder T' e III
the applisatian ehauld be re'.e'''ed li. a T ~ra~~/d~F8: ~nless the Direstar eete""ineG that
oomplexity af the applisatia~. .. ~pe deslelan by the City Ca~nGiI d~e te the
B.
A Maeter Plan shall sontain all ef the ele .
te eemanslrate that the pra'JiGians af thism;:~s PF8P~~d In a slear and le9ible manner Resessa'v
"mlted ta the fellawing: e are eln9 ful~lIed and shall inslude b~t Rat be I
.
r.o
The existing Met", Plan desi9natien and zene slassi~satien.
^ 'JiciRfty m3p dr~wn te EGale SA a Elms! b3E9 map.
A le9al desoRptian af the pF8pertv ta9ather '''ith a m
ba~neaRes af tAe s~bjeGt f'r.gpa,Jv. .. ap dm",,, to scale dopislin9 tha le9al
1'. topa9Faphy map and narrative depiGtin FeS
streets, si9"i~sant "egetatia" "'ellands j p. ent ~ses af the land, existin9 st,"slums
man made feat~Fes. ' , lalnage 'I'ays aRd ather rele'/ant natural and'
f. s~e plan shawi"9 lacatiaR a"etypa ef all land ~ses .
appraxlmate R~mber af ~"its ar sq~ar f t f praposed. approximate aGreage aRd
rele'/ant featuros. e aa age a ~Ges, adjaoe"t property ~ses aRd
B.
C.
D.
E.
F.
The EfeA&ity er iRter-lEity sf I3mpeced blEeE.
Th . .
e maXlm~m hel9ht aRd size af propased struct~res.
^' p~b'io faGilities plan shewin9 existin and . . .
"alu",1 ane pipee sla"" e"'inage s . t9 ..,prepased streets, ~tl"tlas, sanitary sewer
trans.it lec3tioRE. ~E em, ..ater SeF\'lSB, l3ike and peEloEtri3n ways. 3~d
Maps and narrative sha"'in9 alf sita bl"'
develapmeRt aRd/ar ta ';'iti9ate impa'::s t~ ~~pre'/etments necessary la serve the prepased
peeR prepert',,' er puolis fucilities.
G.
H.
I.
3
Dale Received: 0 9 oq 06
Planner: GK
~:e~;::~t~:~I~:~~~~Il::::~e,~~~~~::.':~o;SReoossa~ to e'Jal~ate IRe proposed
oaR ita,,!, Iree preoeIValioR Ristorisal arsha I EElaRa~s's, geology, oo,ls, slom1'/Jater,
e_cl~ding viciRi\>' aRd dela'il maps shallll o~l:g,sa, aR lrallis 'mpast. ,1\11 relaled maps,
~ I e 8. ~-e &3me 6Gale.
Pr<l\'ioions if aRY fOF reseR'ali d d' r
ll'" Rellimiled 10:' ligRls of ~ayO~ao:~':R~OR, o;:se of laRd fur p~lllis P"'llosos, iRSI~diRg,
, s, pa s, opeR spases, aRd sSRool s,les.
^R o"orall sSRod~lo or doscription of phasiRg; aRd IRe de"olopmeRt 10 OGG r'
pRase. If pRaslRg anomali'/os aro cORlomplated, !Rese altemalives oRallll~ ~::~~~d.
'^II1ere off site or olRer inffaslrust . " .
the limiRg aRd metRod of sec~liR~~~ Impr<l'~,meRls are raq."lfed, IRa applisaRI sRall specify
deposil or other sesurro' satisfaster" ~~":.~,:"..emeRI, IRsl"d,ng 1l0nd,.loller at sredij, jaiRI
I I I IFRf3Fe'lsment oonEtrudl9R.
N. Dosignalion of r<:lspoRsillility ler pro'/idiRg iRffestrust"rG and san'ises.
O. A geRaral sSRod"le of aRne_aliaR oonsislenl witR IRa pRasiRg plaR, if applisellla.
16.13126Crileria
.
.
J.
K.
l.
M.
.^. Masler PlaR may lle appre"od if Iho Planni G ..
alloflhe fullowiRg approval crilelia IR IRe o":~t ~mm'ss~eA fiAds IRat IRe prepesal SORIe""S wilR
S~llsestioR, IRe mar.. specific req"lr<:lmeRts ;PPlye a SOR ,st VJijR appreval srilelia iA IRis
A. ~:li:~I~g Ref~Re prepelly sRall be sORsisteRt "'ilR Ihe Melm PlaA diagram aAdler
PlaR; e AomeRI PlaR diagram, PlaR DiolRst map, and CORcept~al De'JolopmeRt
B.
~;~~'::::~~~:~~d~:::ep~I~~:~, ::::~oR~~~i~~::ASb~~~::I:~e~~::.,m~Rllcoda
e<e opmeRI PlaR pollaes. ,p ~a
~~~::~::a~:~eaR: o:s~~e i~:'<l"em,~Rts, 1l0lR pulllis aRd pR'/ale, are EullicieAI to
facilities plaRs; aR: P':ViSiOR: ar~e~::, ~lopmeAt aRd aAY sapasijy requir..meRts of pulllis
oonjuRclioR 'NiIR a sCRod"le of tRe PRas~R:. asoure sOAslrust'OR of off s,le ,mpro'/emeRls iR
=uest sRall pra','ide adequate guidaRse ler tRe desigR and coordiRalion of M"re
C.
D.
E.
Physical lealures, iRcI"diRg 1l"1 Rot limited te stee sl " . .
cORdilioRS, areas witR susceptillility 10 flood' . P 'fi apes .A1R uRolallle sail or goologis
v.'3teFC9b1r:t9s SRS,uA SA tl=le 'AI \A, lAg, EI.gRI C3R.t ChJEtSr-t 9ftr:est JAg thrub&
",.k o"t.,. iR .. d .. QL. r1ap aRd thelf asoos,ated lipaliaR areas, wollaRd~
Eignifis3 flJ3 gE ~R spaR .Ep3~9E anGt 8m3€: af hitteFis 3nGler :lrch3eelegiC31 I
r=ace :at m3) be EJ;lBcl'fie9 IR ~8Gti9A J J QOO G
JOO.2J5 249 cRalllle pr<ltected as specified i~ IRis cO;de ~~i~7S;~~ :;~e~~~.;.~;.~55 :Rd
I an
~~::~:::I~~~e~~:~:::aRs aRd local slr<:lel plaAs oRall Rsllle ad'.'ereely impacted lly lhe
F.
4
Date Received: 09 Oif OlO
Planner: GK
.
.
I 5.13130 COf1llilioAS
The ^~f'Jr:e'/31.^.l:Itt-l9m}' may attacR reaE:9Aalaly ReeSE-Eary G9r:uiitisAE. fa miAim~9 negati'''B impactc
as spasified iA Ihis Code te eAsuro Ihalthe proposed de\-elepmeAI san fully meetlha sRleRa ef
SeGliaA 5.13 125, aAd may feq"ir.. guamnlees te enEur.. semplianse. ^ddijieAally, the approval
may GOAtaiA aAY GOAdilioAS Aesessary Ie implemeAtlhe pro'/isieAs 01 SeGliaA 5.13 120 iASludiAg a
sshedule 01 feos aAd sha'!les, a sshedule 01 sampliaAce ro'-ia'" aAd Ihe e><laAlla 'Ntllsh the
Masler PlaA is assigAable.
I 5.13135 Medifisalions to the Master Plan and Sshedule
ApplisatiaAs fer phaEe medificalioA appro'-al"'hish are iA substanlial soAfeffflily 'Nilh aA appreved
Master PlaA shall not be deemed a medifisalieA ellhe plaA. '1edifiGaliaAs te the Masler PlaA
shall be processed uAder Ihe applisable p",sedur.,s dessRbod bolew te ameAd Ihe PlaA:
,... '1edifisetieAslhat de AeI alleGllhe basis unde~yiAg assumptioAs 01 the adoptod Maslor
Plan aAd whish af8 Aol de!elmiAed Ie be similar 10 SubsaGliaA B. or C., below shall ba
prosessed as a miAisteRal desisien by Ihe Dif8G1a'.
B. Madifisalions thaI af8 SigAifiseAI, bul do Aat alleGllhe basis uAde~yiAg assumptiens af Ihe
appr"'.-ed Masler PlaA, shall be p",sassed uAder Typa " proGOdure. These medifisa!iaAs
iAsluda a request:
1. By the applisaAt fer a shaAge 01 deAsity alloGalian wilh in the deAsity raAge allowed
iA Iha appliseble zOAing dislrisl;
2. By tha applicaAt fer a shange Ie Ihe alignmenl ef right 01 'Nay f8qui,ements ef 10031
sIfeeI&;
3. By Ihe applisaAI or City fer a shaAge 10 the sizes or laGalieA ef publis Iasilijies;
1. By Ihe applisaAI fer a shange 01 ssheduled phasiAg beyoAd tha apP",\-od lime limit
fer Ihe phased develapmanl whan Ihe prapasod shange alleds Ihe sonslNGlion of
sshedulod p"blis improvements;
5. By tha City based on Ihe roq"irement to implomaAI newly adepted State or ~edeml
fSgulaliens;
6. By the applisaAI fer a one lime ellteAsieA of Ihe appra\-ed time limil fer up 10 threo
ye3rE. The time line extencien willes gl:zmted provided the app-lis3At f::Ias made
f8asonable prog,ess iA the implementalioA ollha Mastor PlaA aAd publis se,vices
and Iasilities remain a'.-ailablo;
7. By Ihe applicaAI to aUar signifisant nal",al roso"FGes, "",llands, open spase a",as,
a'Ehaeologis aAd hisloris loatur.,s beyond IRe ssope af Iha app",'/ed Masler PlaA;
Of
8. By Iha applicant for olhor modifisalioAs 10 the app",'/ed Master Plan Ihat Ihe
Dirm:tor detalmiAes to ba similar 10 tha medifisatiaAs spesified in Ihis SubseGlioA.
5
Uate ~ecejved: Q<1 Oil- 00
Planner: GK
.
.
c.
'4eaifisatieAs."'.1,isA ~lfeGlIAe uAae~yiAg basis assumplieAs eftAe appm'/ea Master PlaA
er IAat pr"Alb~, ,..,stAGI er sigAifisaAlly alleGl ~s implemeAlalieA sAall be pmsessea uAaer
IAe Type III proseaure, aAa iAcluae:
1.
.\ Z~RiRg ~13f} 3m9RomeAt er Qissr:etisRarj Ute appliQatieR iRitiated by tAe
applisanl;
A .,..,quest fur IAe re aligAmeAI er re aesigAalieA sf alteR31 er selleGler slreets
'"'t,alea by IAe applieaAI;
2.
3.
The iAability sf tAe City er IAe appliGaAI te pr..viae essential publiG iAfraElRJGlur..'
A request by the City basea eA tAe requiremenl tG implemeAt ne,lAy aaeplea State
er Feaeral regula,,"ns;
..
6.
s.
.
...
^ppro"al ef tAe Masler PlaA sAall assure IAe applisaAt IAe rigAt Ie pmGeea "'itA the
aevele~meAt In s,~belaAllal oonfe""ity with Ihe '4aster Plan, subject Ie any meaifisatieAs
as ma, be appre .ea as speslfiea IA SectleA 5.13 135. Changes Ie OraiAaAces pelieies
aAa StaAaamS aaeplea after tAe aate ef approval ef IAe Masler PlaA shall Ael a~ply te
IAe ae'lelepmeAI.
B.
~haee apprevals sAall eGGur through Ihe laAa aivisieA review pmcess, as speGifiea iA
eGlleA 5.12100, e"he Sile PlaA review presess, as spesifiea iA Seelien 5.17100 as
applicable. '
c.
The Master PlaA sAall be the basis fur IAe evalualieA ef all pAases ef aevelepmeAt eA
:AYAlCsues WAIGA ~ aaamsses. Appro'/al ef ae'/elepment phases '.'AII be granlea subjeGl
e I e le""s ana seAaitieAS ef IAe Maeler PlaA, but subject Ie Ihe applisable
DevelepmeAI Ceae pre'/isieAs aAa City Ominanses eA issues '."hiGA lAG Maeler PlaA
eees Ret 3ggreS&.
D.
Nelv"~~stanaing Ihe preseaiAg pm"isien, IAe City shall Ael be ebligalea Ie proviae public
Impro.emeAIs affeGllng ImplemenlalieA ef IAe '4asler Pia A if publis fuAas are Ael
a'.'a,lable.
E.
The City shall nel be requir..a Ie appm'.'e ae'/elepmenl el aAY phase aessRbea iA Ihe
:::,:,er Plan ,llhe appro'/al vielates applisable Feaeral er Stale stalues er aaminielrative
F.
The appmvea Master Plan sAall be reoomea al Lane Ceun~J Deeas aAa ReGeras aAa
IAe e~glAal retumea Ie tAe City.]
6
_,;'lc .-,,,Ct;llieu. 0 '1 0'-1 0 Cd
Planner: GK
.
.
Commentary. The proposed subsections are listed below.
Section 5.13-100 Master Plans
Subsections:
5.13-105 Pumose
5.13-110 Applicability
5.13-115 Preliminary Master Plan - Review
5.13-116 Preliminary Master Plan -Application Concurrencv
5.13-117 Preliminary Master Plan - Neiahborl1ood Meetina
5.13-120 Preliminary Master Plan - Submittal Reauirements
5.13-125 Preliminary Master Plan - Criteria
5.13-130 Preliminary Master Plan - Conditions
5.13-131 Final Master Plan - Review
5.13-132 Final Master Plan - Submittal Reauirements
5.13-133 Final Master Plan - Criteria. Recordation and Effective Date
5.13-134 Final Master Plan - Phasina Implementation
5.13-135 Final Master Plan - Modifications
5.13-140 Final Master Plan - Assurance to the Applicant and City Disclaimers
I 5.13-105 Pumose
Commentary. The 'definition' of a Master Plan is clearer- the specific purpose is to allow
phasing of development over lime.
A. A Master Plan allows phasin~ the development of a specific proaertv over several vears.
Commentary. The current purpose statements are revised to give them more substance.
B. The purpose of a Master Plan is to:
1. Facilitate the review of laroe-scale. multi-phased developments and ensure that
individual phases will be coordinated wijh each other over the duration of the Final
Master Plan:
2. Ensure that a full ranoe of public facilities and services are available or will be
provided for the proposed phased development and to plan the extension of
necessarv public infrastructure in a timelv and efficient manner.
3. Establish specific land uses. a range of minimum to maximum potential intensijies
and densities. the arrangement of uses. and the location of public facilities and
transoortation systems;
4. Identify the incremental and cumulative impacts associated with the proposed
development and consider alternatives for mitigating these impacts to affected
properties and public facilities:
5. Provide the propertv owner an opportunity for the concurrent review of
discretionarv land use decisions: and
7
Jate Received: 0 9 0 if 0 g
Planner; GK
.
.
6. Provide the oroeertv owner with the assurance needed over the lone term to olan
for and execute the ro osed develo ment.
5.13-110 A licabili
Commentary. The current SDC Master Plan review process implies there is a two-step
process, but is not specinc. The proposed review process is formalized into two distinct steps -
the Preliminary Master Plan and the Final Master Plan.
A. Aooroval of a Master Plan is a two-steo orocess that includes Preliminary Master Plan
Aooroval and Final Master Plan Aooroval. This orocess aoolies when the followino
criteria are met:
1. The oroeertv is under sinole ownershio: or if the oroeertv has multiole owners. all
owners of record consent in writina to the Master Plan review orocess: and
Commentary. There is no change to the current 5 acre minimum, except that there may be
situations where a person owns less than 5 acres and desires more time to develop than is
currently allowed by the Site Plan Review process, which is 2 years, with up to a one year
extension. There is no change to the current maximum allowable time line of 7 years, unless an
extension is requested and granted as discussed in Section 5. 13-135.
2 The oroeertv is 5 acres or oreater and the aoolicant desires develooment to be
phased over a eeried not to exceed 7 vears.
EXCEPTION: The Director mav allow an exceotion to the 5 acre minimum. if the
aoolicant reQuests ohasino for more than 3 vears.
Commentary. Originally, the Master Plan process was adopted in the 1980's to apply to
MountainGate, a residential development. Most recent Master Plan applications have involved
either commercial or commercial/residential mixed use. Subsection B. lists proposed
development options that may occur in a number of zones or mix of zones.
B. A Master Plan mav include oublic, commercial. industrial or residential develooment. or
any combination thereof.
I 5.13-115 Preliminarv Master Plan - Review
Commentary. There is a change proposed for the level of review for a Preliminary Master
ptan. Currently, a Type //I procedure (Planning Commission review) is required for all Master
Plan applications. A Type tI procedure is proposed because the intent of the Master Plan
process is similar to a Site plan application, which is a Type tI review. The difference between
the two applications is that Site Plan approval is good for 2 years and the Master Plan approval
is good for 7 years.
A. The Preliminary Master Plan shall be reviewed under lvoe II orocedure.
EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Tvee III orocedure
it
1. The Director determines that the OroDOsed develooment mav have DOtential
imoacts on oublic facilities andlor other oroeerties: andlor
8
Uate Received' 09' oq 0<;3
Planner: GK .
.
.
2. The aoolicant chooses to submit concurrent Tvee 111 orocedure aoolications as may
be eermitted in SDC 5.13-116.8.
B. Prior to the submittal of a Preliminary Master Plan aoolication:
Commentary. The "Pre-Application Report" process is currently used to allow the applicant to
ask staff an unlimited number of questIons regarding the proposed development. No change is
proposed regarding the use of this process.
1. A Pre-Aoolication Reoo" aoolication, as seecified in Section 5.1-120.8.. is reauired
orior to the formal submittal of the Preliminary Master Plan aoolication.
Commentary. A Master Plan is a complex application. Requiring the Pre-Submittal Meeting
application will allow staff to evaluate the Preliminary Master Plan application for completeness,
prior to fonnal submittal by the applicant and the start of the State-mandated 120-day review
time line.
2. A Pre-Submittal MeetinQ aoolication, as soecified in Section 5.1-120.C.. is reauired
orior to the formal submittal of the Preliminary Master Plan aoolication.
I 5.13-116 Preliminary Master Plan - Aoolication Concurrency
Commentary. Currently, there is no prohibition on concurrent Metro Plan diagram and/or text
amendment applications, but past City practice has been that the any required Metro Plan
diagram and/or text amendment application was approved prior to the submittal of the
Preliminary Master Plan application. The text in Subsection A., below continues this past
practice.
A. If the aoolicant reQuires or oroooses to chanQe the Metro Plan diaaram and/or text, the
aoolicant shall aoolv for and obtain aooroval of a Metro Plan diaaram and/or text
amendment orior to the submittal of the Preliminary Master Plan aoolication. The Metro
Plan diaaram and/or text amendment may also reauire amendment of an aoolicable
refinement olan diaaram or Plan District MaD.
B. The Preliminary Master Plan may be reviewed concurrentlv with other Tvee 111 aoolications
indudina a Zonina MaD amendment. Discretionary Use, Maior Variance. or a Willamelte
Greenwav develooment aoolication.
Commentary. Currently. SDC Section 5. 13-105C. states: "The Planning Commission shall
approve the Master Plan prior to City approval of a related Subdivision or Site Plan
application...." This language now specifically refers to the "Final" Master Plan. There is no
change to the intent of this requirement.
C. Subdivision and/or Site Plan aoolications that initiate the various ohases of orooosed
develoDment shall not be submitted concurrentlv with the Preliminary Master Plan. These
aoolications shall not be submilted until Final Master Plan aooroval is aranted. as soecified
in Section 5.13-133.
9
LJate Received: oct oil 0''13
Planner; GK
1----- -----.
,
.
.
I 5.13-117 Preliminary Master Plan - Neiahborhood Meetina
Commentary. During the Marcola Meadows Metro Plan diagram and Zoning Map amendmenl
process, the applicant voluntarily provided notice and held a neighborhood meeting to explain
the proposed development. This undertaking helped educate neighbors to the intent of the
proposal prior to the public hearing process. This is now a requirement for Master ptan
applications because it allows the public to be involved in a maior development while still in its
early stages and complies with/utilizes State-wide planning Goal I, Citizen Involvement.
Farrinoton commentary: I suooest vou clarify that this applies ONLY to the preliminary Master
Plan and not to amendments/modifications. Suooest also that City staff clarify reoardina reouired
notice: is it reauired that the applicant send out a postcard notice of the meetina to all residents
within a aiven neiahborhood? Onlv within a specified distance - e,a., 300' - from the Master Plan
boundaries? What about areas in the City where there is no established neiahborhood
association? Also, what form/format should the minutes be in that are submitted to the City? And
how muchlwhat information is reouired of the applicant to share with the neiohbors? Does the
location matter? Must it be in a place that is ADA accessible or otherwise a publiclv owned
meetina space? Need it be within the neiohborhoodlarea of the Master Plan proposal? Other
communities have reauirements for such meetinas with neiohbors: I suaaest those Codes le.a..
Albanv) be researched and/or staff contacted to see what lessons mav be learned.
To provide the opportunity for earlv citizen involvement in the Master Plan review process, the
applicant shall provide notice and invite citizen participation bv initiatina a Neiohborhood Meetino
after receipt of staffs response to the Pre-Application Report application required in Subsection
5.13-1178.1.. and prior to the formal submittal of a Preliminary Master Plan application. The
applicant shall be responsible for schedulina and notice costs. The applicant shall provide
information reoardina the application at the meetina. The applicant shall submit minutes of this
meetina with the Preliminary Master Plan application as reauired in Subsection 5.13-120N.
I 5.13-120 Preliminary Master Plan - Submittal Reauirements
Commentary. The submittal requirements Section is updated to incorporate certain aspects of
the Site Plan Review application in order to provide more specificity to the applicant.
The Preliminary and Final Master Plan applications shall be prepared bva desion team
comprised, at a minimum, of a proiect architect, enaineer, and landscape architect. A project
coordinator shall be assianed. All related maps. excludina vicinity and detail maps, shall be at
the same scale. A Preliminary Master Plan shall contain all of the elements necessary to
demonstrate compliance with the applicable provisions of this Code and shall include, but not be
limited to:
A. General Submittal Reauirements. The applicant shall submit a narrative aenerallv
describino the pUrPose, operational characteristics and potential impacts of the proposed
development on adiacent properties. The narrative shall include:
1. The existina Metro Plan desianation and zonina. Where the proposed Master Plan
sile is within an overlav district, Plan District or Refinement Plan the applicable
additional standards shall also be addressed:
2. The location and tvee of land uses proposed:
10
.-'C.,i; l~Gceiveo. 09 Cif og
Planner: GK
.
.
3. The orocosed number of residential units and/or sauare footaae of commercial.
industrial and/or oublic uses;
4.
The densilv or intensilv of orocosed uses, includino aoolicable Floor-Area Ratios
(FARs): and
{ Deleted:
5. A discussion of how any ootential imoacts of the orooosed develooment on
adiacent orooerties may be mitiaated.
6. The aoolicant shall attach:
a. A maD deoictina existina zonina and land uses within 250 feet rFarrinaton:
Suaaest that the distance roouired here be consistent with notice
roouirement for neiahborhood meetina and other Code notice
roouirements.! of the orocosed Master Plan boundary:
b. A maD deoictina the orocosed Master Plan boundary toaether with existina
10tJoarcellines;
c. A Vicinity MaD drawn to scale deoictina existina bus stoos. streets.
driveways. Dadestrian connections. fire hydrants and other
transcortationlfire access issues within 250 feet rFarrinaton: Same
comment as above.! of the orocosed Master Plan site: and
d. A looal desGriotion of the orooertv within the orocosed Master Plan
boundary.
B. A Site Assessment of the entire orooosed Master Plan site that oreciselv maDs and
delineates the areas described below. Prooosed modifications to ohvsical features shall
be c1earlv indicated. Information reauired for adjacent orooerties may be aeneralized to
show the connections to ohvsical features. A Site Assessment shall contain the followina
information. as aoolicable:
1. The 10o-vear floodolain and floodwav boundaries on the orocosed Master Plan
site. as soecified in the latest adooted FEMA Flood Insurance Rate MaDs or
FEMA aooroved Letter of MaD Amendment or Letter of MaD Revision:
2. The Time of Travel Zones. as soecified in Section 3.3-200 and delineated on the
Wellhead Protection Areas MaD on file in the Develooment Services Deoartment:
3. Phvsical features includina. but not limited to sianificant clusters of trees and
shrubs. wetlands as soecified in Section 4.3-117. rock outcroooinas and
watercourses shown on the Water Quality Limited Watercourse CWLQW) MaD
and their rioarian areas on file in the Develooment Services Deoartment In the
latter case. the name. location. dimensions. direction of flow and too of bank shall
be deoicted. If the orooosed Master Plan site is located within 150 feet of the too
of bank of any WQLW or within 100 feet of the too of bank of any WQLW direct
tributary. a Rioarian Area Protection Reoort is reauired: and
II
Date Received: 09 O<-f 06
Planner: GK
.
.
4. Soil tyDes and water table information as maDDed and sDecffied in the Soils
Survey of Lane CounlY. A Geotechnical reDort DreDared bv a licensed
Geotechnical Enaineer shall be submitted concurrentlv ifthe Soils Survev
indicates the DroDosed Master Plan site has unstable soils andlor a hiah water
table.
C. A Gradina Plan which includes: existina and Drocosed elevations and where extensive
aradina 12 or more feet of fill) is anticiDated for cortions of or the entire Drocosed Master
Plan site. On hillsides. the Dlan shall show Dad sites and their relationshiD to the Dublic
riaht-of-wav with existina contours at 1-foot intervals and Dereent of slaDe. In areas
where the Dereent of slaDe is 10 Dereent or more. contours mav be shown at 5-foot
intervals.
D. A Stormwater Manaaement Plan diaaram which includes the storrnwater manaaement
svstem for the entire DroDosed Master Plan site and anv imDacts on adiacent DroDerties.
The Dlan shall include the followina comconents:
1. Roof drainaae Dattems and discharae locations:
2. Pervious and imoervious area drainaae oatterns:
3. The size and location of storrnwater manaaement svstems comconents.
includina but not lim~ed to: drain lines. catch basins. drv wells andlor detention
Donds: stormwater auality measures: and natural drainaaewavs to be retained:
4. Existina and Drocosed elevations. site arades and contours: and
5. A stormwater manaaement svstem Dlan with SUDDortina calculations and
documentation as required in Section 4.3-110 shall be submitted SUDDortina the
DroDosed svstem. The Dlan. calculations and documentation shall be consistent
with the EnGineerinG DesiGn Sfandards and Procedures Manual.
E. A Wastewater Manaaement Plan with maDS and a narrative deDictina the location and
size of existina and oroposed wastewater facilities with SUDDortina calculations and
documentation consistent with the EnGineerinG DesiGn Sfandards and Procedures
Manual.
F. A Utilities Plan with maDS and a narrative deDictina the location and size of existina and
DroDosed water. electrical. aas and teleDhone service: and the location of existina and
reauired traffic control devices. fire hvdrants. street liahts with the DroDosed desian
oDtion. cower Doles. transformers. neiahborhood mailbox units and similar Dublic
facilities.
G. A ConeeDtual Landscaoe Plan with maDS and a narrative iIIustratina DroDosed
landscaDina for the entire DroDosed Master Plan site. includina. but not lim~ed to: where
existina veaetation is proposed for oreservation. esoeciallv rioarian and wetland areas
and trees: installation of veaetative bufferina: street trees: aenerallandscaoina: and a
12
Date Received: 0'10i{ 0<;;;
Planner; GK
.
.
oercentaae ranae for the total amount of reauired ooen soace. broken down bv the tvoe
of ooen soace. oublic and orivate. as aoolicable.
H. An IFarrinQlon: Suaaest the word "Conceotual" be added here. Given the scale of a
Master Plan submittal. both the conceotuallandscaoe olan reauired above and this
conceotual architectural alan should be reauired to show massina. scale. and aeneral
areas of imoact - NOT that it be reauired to show soecificijv as areat as that reauired for
a Site Plan.1 Architectural Plan with maos. illustrative examoles indudina buildina
elevations utilizina aoolicable SDC desian standards. and a narrative orovidina sufficient
information to describe orooosed architectural stvles. buildina heiahts and buildina
materials.
I. A Parkina Plan and Parkina Study.
1. A IFarrinQlon: Suaaest addinQ "Conceotual"l Parkina Plan shall be submitted for
all orooosed develooment and shall contain the followina information:
a. The location. dimensions and number of orooosed oarkina soaces:
includina aisles. landscaoed areas. wheel bumoers rFarrinaton: suaaest
addina ". as may be necessarY' here. or delete this reference entirelv.
Code orovides standards for oarkina area desian and wheel bumoers,
and a Master Plan isn't the aoorooriate level to reauire this kind of detail.
Likewise. a oarkina study and alan should not have to dimension off everv
stall at the Master Plan level - these are details best determined at Site
Plan Review. not at a Master Plan level. Simolv reauire that the aoolicant
orovide a study and sufficient detail to demonstrate that they can
accommodate oarkina in a conceotuallavout that meets Code
reauirements for number of oarkina stalls consistent with dimensional
standards orovided in Code. as well as oarkina area landscaoina. etc.1.
directional sians and strioina:
b. On-site vehicular and oedestrian circulation:
c. Access to streets. allevs and orooerties to be served. indudina the
location and dimensions of existina and proposed driveways and any
existina driveways orooosed to be dosed:
d.
,IFamnaton: Suaaest deletina this entlrelv. The Master Plan level is too
early and not at the orooer scale to reauire a liahtina 01an.1
."1 Deleted: ~e~hlino:
soecifled in Subsection J below
e. The location of orooosed bicvcle soaces: IFarrinaton: similar to oarkina
above the aoolicant should simolv be reauired to identify how many bike
oarkina soaces will be reauired. bv tyoe. and show conceotuallv where
they'd be located. Greater detail can be shown at SPR.1
f. The amount of aross floor area aoolicable to the oarkina reauirements for
the oroDOsed use: and
13
jate Received; 0 r c>q. og
Planner: GK
.
.
a. The location and dimensions of off-street loadina areas. ~ anv.
2. A Parldna Studv. for other than sinale familv developments. with maps and a
narrative deoictina oroiected oar1c::ina impacts. indudina. but not limited to:
proiected peak parkina demand: an analvsis of peak demand compared to
proposed on-site and off-site supplv; potential impacts to rFarrinaton: Suaaest
addina the words here "or use of the on-street parkina svstem and adiacent land
uses; and proposed mitiaation measures rFarrinaton: Suaaest addina here ": if
needed.1.
L......... rFarrinaton: SU9aest this section be deleted entirelv. Detail can/should be provided at
SPR level. If liahtina is a concern relative to neiahborina properly, then the Master Plan
approval can be conditioned to assure that the issue be properlv addressed at the
appropriate level of review - at Site Plan.l
K. A Public Riaht-of-WavlEasemenUPublic Place Map depictina the reservation. dedication.
or use of the ProDOSed Master Plan s~e for public pUlDOses. includina. but not lim~ed to:
riahts-of-wav showina the name and location of all existina and ProDOsed public and
private streets within or on the boundarv of the proDOsed Master Plan s~e. the riaht-of-wav
and pavina dimensions. and the ownership and maintenance status. if applicable. and the
location. width and construction material of all existina and proDOsed sidewalks: pedestrian
access ways and trails: Drooosed easements: existina easements: Darks: ooen soaces.
includina plazas: transit facilities: and school s~es.
L.
A Traffic Impact Studv. as specified in Section 4.2-105.A.4. the detailed scope of which
mav be established bv the Public Works Director. The Traffic Impact Studv shall contain
maps and a narrative depictina projected transportation impacts. includina. but not
limited to: the expected number of vehicle trips (peak, .IFarrinaton: Suaaest deletina
"events" - how could one plan for this appropriatelv unless there were some definition as
to "events" or how this could be assessed. Is more propertv dealt with at the SPR level
anvwav.], and dailv): an analvsis of the impact of vehicle trips on the adjacent street
system: and oroposed mitiaation measures to limit any oroiected neaative imoacts.
Mitiaation measures may include improvements to the street system itself or soecific
proarams and strateaies to reduce traffic impacts such as encouraaina the use of public
transit. carpools. vanpools. and other alternatives to sinale occupant vehicles.
M.
A Phasina Plan. Phasina shall proaress in a seauence that provides street connectivity
between the various phases and accommodates other reauired public improvements such
as wastewater facilities, stormwater manaaement. electricity and water. The Phasina
Plan shall consist of maps and a narrative with an overall schedule or description of on-
loff-site phasina includina. but not lim~ed to: the type. location and timina of proDOsed
uses. includina buildina pads/envelopes: ProDOsed public facil~ies jncludina on-Ioff-site
streets and traffic sianals or other traffic control devices and utilities with the desianation
of construction and maintenance resDOnsibilitv. estimated starVcompletion dates with a
oroposed financial auarantee to ensure olanned infrastructure imorovements will occur
with each phase or when reauired bv the City. affected local aaencv or the State~
fFarrinaton: Suaaest this be eliminated: not sure what d~erence ~ would make. sav if a
multi-familv structure were leased or sold as condos. It would have no real bearina to
the phasina of the proiect. or if it did result in a chanae in the time duration of Master
Deleted: An Dn-site Liahtina Plan
deoictina the location orientation and
maximum heiaht of all orooosed
exterior Iiaht fixtures both free
s1andina and attached The liahtina
oIan shall also detail the tvoe and
extent of shieldina
{ DeI"ed:~
Deleted: a statement of the
aoolieanfs intentions with reoard to
the future sellina or Ieasina of all or
oortions of the orooosed develooment
(where a residential subc::livision is
orooosed the statement shan also
include the aoolieant's intentions
whether the aoo/leant or others will
cons1ruct the homesl
14
o.Jat" Received: 0 cr 04-- CiS'
Planner; GK
.
.
Plan imolementation. then that could be covered elsewhere in Code bv chanaina the out-
date of the Master Plan.l: and the relationshio of oedestrian and bicvcle connectivity and
ooen soace reauirements to the orooosed ohasina.
N. Neiahborhood Meetina Minutes. The aoolicant shall submit minutes of the Neiahborhood
Meetina soecffied in Section 5.13-117.
O. A coov of all orooosed and anv existina covenants. condijions. and restrictions that mav
control develooment. if aoolicable.
P. Annexation. A aeneral schedule of orooosed annexation consistent with the ohasina olan.
if aoolicable.
Q. The Director may reauire addijional information necessary to evaluate the orooosed
develooment [Farrinaton: Suaaest that there be some criteria as to when the Director can
reauire an ESEE analvsis. There is a rather dear basis to reeuire a wetland delineation or
historicaVarchaeoloaical study. but these too oerhaos should be darified that they are
reauired due to the oresence of iurisdictional wetlands on-site and a Goal 5 historical
resource. or oerhaos as defined in 5.13-125 G below. The aoolicant should have some
idea when and under what basis the Director may reauire an exoensive. time-consumina
study such as an ESEE analvsis.], indudina. but not limited to a:
1. ESEE analvsis:
2. Wetland delineation aooroved bv the Oreeon Deoartment of State lands shall be
submitted concurrentlv with the Preliminary Master Plan aoolication. where there is a
wetland on the orooosed Master Plan site: and
3. Historical and/or archaeoloaical studies.
R. Anv concurrent land use aoolications as soecified in Subsections 5.13-1168.
I 5.13-125 Preliminary Master Plan - Criteria
Commentary. The Preliminary Master Plan approval criteria are clearer. For example. criterion
5.13-1258. currently states: "The request, as conditioned, shall conform to applicable
Springfield Development Code requirements." This is too broad because it refers to any SDC
requirement. The following Subsections now connect specific aspects of the proposed
Preliminary Master Plan criteria to the applicable SDC Chapter and/or Sections. The SDC
defines "Approval Authority" as the Director, Hearings Official, Planning Commission or the City
Council.
A Preliminary Master Plan shall be aooroved. or aooroved with conditions. if the Aooroval
Authority finds that the orooosal conforms with all of the aoolicable aooroval criteria.
Commentary. The current "Metro Plan diagram" reference is deleted because either the
applicant has recently applied for and obtained a Metro Plan diagram and/or text amendment,
and/or the "correct" designation is already in place. Therefore. there should be no need to revisit
Metro Plan policy as part of the Master Plan review process.
A. PlanlZone consistency. The existina or orooosed zonina shall be consistent with the Metro
Plan diaaram and/or aoolicable text. In addition. the Preliminary Master Plan shall be in
15
Date Received: oct oq- 09
Planner: GK
.
.
comoliance with aoolicable City Refinement Plan, Conceotual Develooment Plan or Plan
District standards, policies andlor diaQram and maos.
Commentary. This criterion specifically refers to "all applicable standards of the zoning district"
which include building height, setbacks, specific design standards, etc.
B. ZoninQ district standards. The Preliminarv Master Plan shall be in como/iance with
aoolicable standards of the specific zoninQ district andlor overlav district.
Commentary. This criterion specifically refers to the required Traffic Impact Analysis from a
transportation system capacity aspect in relation to proposed phases. in addition to the
transportation standards contained in SDC Chapter 4.
C. Transportation svstem caoacitv. Wrth the add~ion of traffic from the oropOsed
develooment. there is e~her sufficient caoacitv in the City's existinQ transportation svstem
to accommodate the develooment oropOsed in all future phases or there will be adeQuate
caoacitv bv the time each phase of develooment is comoleted. Adooted State andlor local
mobilitv standards, as aoolicable. shall be used to detennine transoorlation svstem
caoacitv. The Preliminarv Master Plan shall also comolv with any cond~ions of aooroval
from a Metro Plan diaQram andlor text amendment reQardinQ transportation and all
aoolicable transportation standards specified in SDC Chaoter 4.
Commentary. This criterion refers to cUfTent parking standards in SDC Chapter 4 Development
Standards that apply to speCific transportation issues.
D. ParkinQ. ParkinQ areas have been desiQned to: facil~ate traffic safety and avoid
conQestion; provide biCYcle and pedestrian connectiv~ within the oroperty and to nearby
transit stoos and public areas. The Preliminarv Master Plan shall also comoly with all
aoolicable vehicular and bicyde oarkinQ standards specified in SDC Chaoter 4.
Commentary. This criterion refers to cUfTent ingress-egress standards in SDC Chapter 4
Developmenl Standards Ihat apply to specific transportation issues.
E. I"aress-scrass. Inaress-eoress ooints have been desianed to: facilitate traffic safety and
avoid conQestion; orovide biCYcle and pedestrian connectiv~ within the oroperty and to
adiacent residential areas, trans~ stoos. neiQhborhood activity centers, and commercial.
industrial and oublic areas; and minimize driveways on arlerial and collector streets as
specified in this Code or other aoolicable C~ and State reQulations. The Preliminarv
Master Plan shall also comoly with all aoolicable inQressleQress standards specified in
SDC Chaoter 4.
Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to
specific utility issues.
F. Availability of public utilities. Existina Dublic utilities. indudina but not limited to. water.
electricitv. wastewater facil~ies, and stonnwater manaQement facilities either have
sufficient caoacitv to suoport the oroposed develooment in all future phases adeQuately. or
there will be adeQuate caoacitv available by the time each ohase of develooment is
comoleted. The Public Works Director or aoorooriate utilitv orovider shall detennine
caoacitv issues. The Preliminarv Master Plan shall also comoly w~h aoolicable utilitv
standards soecified in SDC Chaoters 4 and 5.
16
Date Received: Ocr 01' 00
Planner: GK
.
.
Commentary. This criterion refers to cUmJnt standards in SDC Chapter 4 Development
Standards that appty to specific physical feature issues.
G. Protection of ohvsical features. Phvsical features. indudina but not limited to slooes 15
oercent or areater with unstable soil or aeoloaie conditions. areas with susceotibilitv to
floodina. sianificant dusters of trees and shrubs. watercourses shown on the Water Quality
Limijed Watercourses (WQLW) Mao and their associated rioarian areas. wetlands. rock
outcroooinas and ooen spaces and areas of historic and/or archaeoloaical sianificance as
may be soecified in Section 3.3-900 or ORS 97.740-760.358.905-955 and 390.235-240
shall be orotected as soecified in this Code or in State or Federal law. The Preliminarv
Master Plan shall also comolv with aoolicable ohvsical feature orotection standards
soecified in SDC Chaoter 4.
Commentary. This criterion addresses a specific phasing issue that arose during the Marcola
Meadows Master Plan review process.
H.
Phasina Plan. The Phasina Plan shall: demonstrate that the construction of reouired oublie
facilities will eijher occur in conjunction wijh. or orior to each ohase. or there are
aporopriate financial auarantees to ensure public improvements necessary to suPPOrt the
orocosed.construction will occur fFarrinaton: Suaaest revisina this lanauaae as the.
aoolicant can not. and should nat. be reauired to oost a financial auarantee that all the
develooment orocosed within a Master Plan area will definijelv occur and within the
orosmbed time within the ohasina olan. The intent should be to ensure that the develooer
orovides oublie infrastructure as needed to suocort each and every ohase of develooment
orior to that aiven ohase - NOT that there be a costed security assurina that construction
will occur. That is somethina that most develooers do not have the financial caoacitv to do.
nor are they reouired to do so in any other subdivision. ete.l: and exolain the timina of
construction and maintenance. and identify the oarty resconsible for financina and
constructina and maintainina each ohase.
Commentary. Compatibility and mitigation criteria are specificatly addressed.
I. Adjacent use orotection. The orocosed Preliminarv Master Plan contains desian.
landscaoinalscreenina. oarkinaltraffie manaaement and multi-modal transcortation
elements thatlimij and/or mijiaate identified conflicts between the orooertv and adjacent
uses.
Mitiaation of off-site imoacts. Potential off-site imoacts indudina. but not limited to noise..
utility caoacitv and traffic. have been identified and mitiaated. fFarrinaton: There are some
obiective standards that can be linked to noise and utilitvltraffie caoacitv. but "shadina" and
"alare" are subjective and should not be aooroval emeria - at least at the Master Plan level.
These can and should be relevant to a soeeifie develooment oroco881 made throuah SPR.
not Master Plan.l
I 5.13-130 Preliminary Master Plan - Conditions
J.
The Aooroval Authomv may attach reasonable conditions to .ensure that the orocosed
develooment.meets the crijeria of Section 5.13-125. rFarrinaton: Suaaest deletina the above
lanauaae since as oroPOsed. one could "identify" an issue. have it be deemed an "imoact" and
therefore lead to a soecifie condition of aooroval. Decision-makina should be based ucon
- { Deleted: the ohased
{ Deleted: shadinc clare
Deleted: minimize identified on-site
conflicts and imoads on surroundina
orooerties raised dunna the DUblie
hearina orocess as idefltffied by staff
or 'hi!!. Code to
Deleted: .!6!D...!Y..!!x
17
Date Received: CXJ Olf 06
Planner: GK
.
.
established Code standards and criteria. not uoon an "issue...raised durina the Dublie hearina
Drocess." Such an "issue" could be simDlv a NIMBY eXDression of oDoosijion to a Drooosal and
not based uoon any aiven Code standard.lCertain conditions may reauire an adeauate financial
auarantee in a form acceDtable to the Cijv to ensure comDliance.
1 5.13-131 Final Master Plan - Review
.j Deleted,
Commentary. Currently. there is no formalized "Final" Master Plan process; it's implied by past
practice. This Section establishes the "Final" Master Plan review process.
A Final Master Plan aDDlication shall be reviewed under Tvce I Drocedure. However, if the
Director determines the aDDlication is not in substantial comDliance with the Preliminary Master
Plan aDDroval as seecified in Sections 5.n-125 and 5.n-130, the Final Master Plan shall be
reviewed under Tvee II Drocedure. [Farrinaton: I remain Duzzled bv this section. While I
understand and aDDrove of the Tvee I Drocedure as the default. and aaree that there should be
some abilijy for bumDina ij UD to a Tvee II when needed. I don't see the rationale for takina ij to
Tvee II when the aDDlication is not in comDliance with the Preliminary Master Plan aDDroval.
Seems like there should be some different lanauaae that instead aives the Director the ability to
review ij as a Tvee 11.1
15.13-132 Final Master Plan -Submittal Reauirements
Commentary. Currently there is no time line for Final Master Plan submittal. The one year
time line is the same as the current Partition Plat submittal time line. Additionally, there is a time
line extension similar to the current Partition Plat submittal process because of the complexity of
most Master Plan applications. The Final Master Plan submittal packet is also described.
A. Within one year of Preliminary Master Plan ADDroval. the aDDlicant shall submij the Final
Master Plan. The Final Master Plan shall incoroorate all ADDroval Authority condijions of
aDDroval. The Final Master Plan aDDlication shall indude:
1. A narrative that lists the condijions of aDDroval. eXDlains how each condition is met
and references the aDPlicable Preliminary Master Plan maps. diaarams or Dlan
sheets that reauire revision:
2. The seecifie maDS. diaarams. Dlan sheets or other documents that reauire revision
or demonstrate conformance with the Preliminary Master Plan aDDroval: and
3. Anv other information that may be reauired bv the Director.
EXCEPTION: The aDPlicant may reauest an extension of the Final Master Plan submittal
for UD to one additional year. The aoolicant shall submit the reauest for extension in writina
to the Director no later than 30 days prior to the exoiration of the Preliminary Master Plan
AODroval. The aoplicant shall exolain why the reauest is necessary and demonstrate how
the Final Master Plan application will be submitted within the requested extension time line.
The Director may ara"! or amend the extension request uoon determinina that the
aoolicant is makina proaress on the Final Master Plan aDDlication.
Commentary. Requiring the Pre-Submittal Meeting application will allow stalfto evaluate the
Final Masler Plan application for completeness, prior to formal submittal by the applicant.
18
Date Received: 0 I 0'1 06
Planner: GK
.
.
B. A Pre-Submittal Meetina applicatipn. as soecified in Section 5.1-120.C.. is reQuired prior to
the fonnal submittal of the Final Master Plan application.
15.13-133 Final Master Plan -Criteria. Recordation and Effective Date
Commentary. There are two criteria for Final Master Plan approval.
A. Criteria. The Approval Authority shall arant Final Master Plan approval ucon findina that:
1. The Final Master Plan substantiallv confonns to the provisions of the Preliminarv
Master Plan approval: and
2. All approval conditions have been met or can be auaranteed to be met.
Commentary. Staff is aware of the casl and difficulty of recording the Final Master Plan as the
regulations are currently written. The recordation of a Memorandum of Final Master Plan
approval will reduce costs to the applicant.
B. Recordation. The applicant shall record a Memorandum of Final Master Plan approval in a
fonnat approved bv the City Attornev and any other required documents at Lane County
Deeds and Records and retum a recorded copv of Jhe Memorandum of Final Master Plan
approval IFarrinaton: Suaaest deletina "all applicable documents" since the intent is to
return a recorded copv of the reauired Memorandum. and not to record the entire record of
the Master Plan. which one could interepret is what is reauired to suffice as "all applicable
documents.1 to the Development Services Department.
( Deleted: all aoolicable documents
C. Effective Date.
1. Final Master Plan approval is effective on the date of recordation for not more than
7 years. unless modified as soecified in Section 5.13-135.
Commentary. Currently. there is no language regarding an "end time" for Final Master Plan
approval.
2. The Final Master Plan remains in effect until the pennitted development has been
constructed or the plan is modified. superseded or expires.
D. Once the Final Master Plan is approved. all persons and parties. and their successors.
heirs or assians. who have or will have any interest in the real property within the Final
Master Plan boundarv. shall be bound bv the tenns and conditions of approval of the Final
Master Plan and the provisions of this Section.
I 5.13-134 Final Master Plan - Phasina Implementation
Commentary. Subsection A. is from current Section 5.13-140.
A. The Final Master Plan shall be the basis for the evaluation of all phases of proposed
development. indudina Subdivision or Site Plan Review applications.
Commentary. A Pre-Submittal Meeting application is currently required for atl Subdivision and
Site Plan Review app#cations. This is not another layer of staff review. However, it is necessary
19
Date Received: OC( Olf 0 G
Planner: GK
.
.
to determine Master Plan compliance and which Master Plan conditions of approval apply to a
particular development phase. Not all approval conditions may apply to a particular phase.
B. Each Subdivision or Srte Plan Review aoolication that imolements any ohase of the
aooroved Final Master Plan shall be reviewed for comoliance with the followino criteria
durino the Pre-Submittal Meetino aoolication Drocess as soecified in Section 5.1-120.C.:
1. Final Master Plan aooroval and:
2. The soecific Final Master Plan conditions of aODroval that aooly to the Drooosed
aDDlication.
I 5.13-135 Final Master Plan - Modifications
Commentary. This Section specifically states that modifications are made to the -Final" Master
ptan. The three current review categories remain. However, Subsection D. is added to tist those
modifications for which no planning review ;s required.
A Drooosed Final Master Plan modification shall be orocessed under the aoolicable orocedures
described below:
A. The followinQ modifications to a Final Master Plan shall be orocessed under Tyoe I
orocedure. These modifications indude a reouest:
1. By the aoolicant for a chanQe of scheduled ohasinQ beyond the aooroved time limit
for the ohased develooment when the orooosed chanoe affects the construction of
scheduled oublic imorovements: IFarrinoton: If an aoolicant oroooses a chanoe of
ohasinQ WITHIN the aooroved time Iimrts. rather than "beyond" - then I'd suooest
that rt NOT be reouired to 00 throuoh a Tyoe I aooroval. if the orooosed chanoe
does NOT affect the construction of scheduled oublie imorovements. lanouaoe
such as this should be added to Subsection D below.l
2. By the City based on the reouirement to imolement newly adooted State or Federal
reaulatlons:
3. By the aoolicant for a one time extension of the aooroved time Iimrt for uo to 3
years. An extension reouest shall be filed in writino with the Director at least 60
days orior to the exoiration of the initial 7 year cariod. If the aoolicant has made
reasonable orooress in the imolementation of the Final Master Plan and oublie
services and oublie facilities remain available. the time line extension will be
oranted: or
4.
By the aoolicant for other modifications to the aooroved Final Master Plan that the
Director determines to be similar in scoca to the modifications soecified in this
Subsection and/or those modifications listed in Subsection B. _ TFamnaton: Suaaest
that the numerical threshold be deleted. and instead retain existino lanouaoe in
5.13-135A. B.8 and C.6.1
j Deleted: ~k>w~ s="," the I
10 oercent threshok:ls snedfiM
Commentary. This Subsection is based upon current text and adds specific thresholds in
certain situations. The level of review is reduced to a Type /I or Type 11/ procedure to be
consistent with the level of review for the Preliminary Master Plan application.
20
ot? Oa oc
Date Received: 7 7 u
Planner: GK
.
.
B.
The followino modifications to the Final Master Plan shall be processed under Type II
procedurefFarrinoton: Suooest deletino this phrase since there is no definijion for
'potential impacts' or 'other properties" Suooest that existino Code lanouaoe be retained
essentially intact.l. .These modifications include a re~uest:
1.
By the applicant for a chanoe of density allocation within'tfle density ranoe
fFarrinoton: I know this phrase 'density allocation.... is in the existino Code. but I'm
not certain what ij means. Please clarify here andlor define in Code.] allowed in
the applicable zonino district:
2. By the applicant or Cijy for a chanoe to the size, location or capacity of public
facilities:
3. By the applicant to aller sionificant natural resources, wetlands, riparian area, open
space areas. archaeolooic and historic features beyond the scope of the approved
Final Master Plan:
IFarrinoton: As noted above. suooest retainino existino Code lanouaoe rather than a strict
numerical standard.l u
6. By the applicant for a Zonino Map amendment or Discretionary Use application:
7. By the applicant toJFarrinoton: Suooest deletino the word 're-alion' as there could
be beneficial reasons to aller a road alionment that should not require a Master
Plan amendment.1 chanoe the tunclional classification of arterial. collector or local
streets:
. [Farrinoton: As elsewhere. suooestthat existino Code lanouaoe be retained. rather than
developinQ a new numerical threshold.l
9. By the City or the apPlicant when essential public infrastructure cannot be provide<J: ':
10. By the applicant for extension of the Final Master Plan time limit beyond the
maximum approved time limit of 7 years or the extension pennilted in Subsection
6.3.. above. In no case shall the extension exceed 15 years from the date of Final
Master Plan approval as specified in Subsection 5.13-133.C. An extension
reouest shall be filed in writino with the Director at least 60 days prior to the
expiration of the initial 7 year period or any subsequently approved extensions.
The time line extension will be oranted provided the applicant has made
reasonable prooress in the implementation of the Final Master Plan and public
services and facilities remain available:
11. By the applicant for a chanoe to the approved Final Master Plan boundary;
. [Farrinoton: Specific buildino footprints may vary. and should be allowed to be allered
throuah a Tvoe I orocedure - at most.l: or
13. By the applicant for other modifications to the approved Final Master Plan that the
Director detennines to be similar in scope to the modifications specified in this
Subsection.
Commentary. A possible limitation on the number of modifications is proposed.
21
Deleted: . unless the Director
detennines that the crooosed
modif.::ation may have ootential
imoacts on DUblie: facilities and/or
other orooerties
Deleted: In this case the Director
shall raise the review level to a T .,.De
III orocedure
Deleted: .. 8v the aoDlicam for 10
oercent or oreater increases in thA
overall commertial industrial or
DUblic floor area or the number of
dwelIinounits"'11
,
5. _ Bv the Booliesnt for increases or
decreases in the amount 0( 800mvM
or recuired oarkino bv a factor of 10
oercent or creater The aoolicant shall
orovide a new oarlUna analvsis
related to the orooosal;
Deloted: ,
Deleted: ~
Deleted: 8 Bv the aoolicant for
orooosals that would increase the
number of PM oeak-hour vehicular
trios by 10 oercent or more eXCE!!otin
cases where a trio cao has been
imoosed on develooment oflMe
orooertv Where such a trio cao is in
effect a modifICation of the land use
decision that imoosed the trio can
shall be reauired In all cases the
aoolicant shall orovide a TraffIc
Imoact AnalYsis suooortina the
~
Deloted: ~
1 Deleted: ~~~. a:,:eantfO< a I
chanae In location of a DnmaN
-
Date Received: or:; 0'( 0'0
Planner: GK
.
.
14. Uoon the submittal of any modification within this cateQOry. ilthe Director
determines that previous modifications and the prooosed modification sianificantlv
impact the approved Final Master Plan. the applicant may be reQuired to subm~ a
new Master Plan aoolication.
Commentary. Criteria are established for modifications.
C. For all Final Master Plan modification applications submitted in Subsections A and B.
above. the applicant shall demonstrate that the prooosed modification complies with the
followina:
1. Anv applicable Preliminary Master Plan criteria of approval specified in Section
5.13-125: and
2. Anv other applicable standard of this Code that may be reQuired to iustify the
prooosed modification.
Commentary. This Subsection adds specific situations where additional Planning review of
Final Master Plan modifications is not necessary.
D. The followina modifications to the Final Master Plan do not reauire subseauent land use
review and are allowed uoon issuance of a buildina permit. if reQuired:
1. Buildina interior imorovements:
2. Exterior improvements associated with existina buildinas that do not involve an
expansion of floor area. subiect to all applicable base zone development and
desian standards and relevant conditions of approval as approved in the Final
Master Plan:
3. Installation of new mechanical or electrical eQuipment. or modification of existina
eQuipment. subiect to all applicable base zone development and desian standards
and relevant conditions of approval as approved in the Final Master Plan:
4. Routine maintenance of existina buildinas. facilities and landscapina: and/or
5. Bv the applicant for other modifications to the approved Final Master Plan that the
Director determines to be similar in scope to the modifications specified in this
Subsection.
15.13-140 Final Master Plan -Assurance to the Applicant and City Disclaimers
Commentary. The specific intent of this assurance is to protect the applicant from "new"
development standards for the first 7 year time line granted upon Final Master Plan approval
and one 3 year extension for a total of 10 years. Final MasterPlan time line extensions that are
more than 10 years, and up to /he 15 year maximum would be under regulations in effect at the
time of submittal of this additional time line extension.
A. Assurances to the applicant:
22
udll:: RCCCIVeU: o'1'Ot.fotfJ
Planner: GK
-~
.
.
1. The aoolicant is entitled to relv on land use reaulations in effect on the date the
Master Plan aoolication was submitted. in accordance with ORS 227.178(3) for the
7 vear aoproval time limit. with a sino Ie 3 vear extension. or as otherwise previouslv
approved. [Farrinoton: the applicants of orior approved Master Plans should be
assured that their aoorovals are vested for the timelines established as aooroved.l.
EXCEPTION: Anv time line extension ProDOsed for more than a combined total of
10 vears shall complvwith land use reoulations in effect at the time of the time line
extension aoplication submittal soecified in Subsection 5.13-135.C.10.
2. The apolicant shall have the rioht to proceed with development as lone as it is in
substantial comoliance with the Final Master Plan and other required aoorovals and
oermits. subiect to anv modifications as mav be aoproved as specified in Section
5.13-135.
Commentary. These Subsections appear in other Sections of the current SOC.
B. City Disciaimers:
1. The City shall not be re~uired to approve develooment of anv ohase described in
the Final Master Plan if the approval violates aoolicable Federal or State statues or
administrative rules.
2. The City shall not be oblioated to provide public imorovements affectino
imolementation of the Final Master Plan if public funds are not available.
23
Uate Received: O'<:?' Of oa
Planner: GK