Loading...
HomeMy WebLinkAboutCorrespondence Miscellaneous 8/29/2008 . ..- . . Page 1 of1 KARP Gary From: Richard Satre [r.satre@satrepc.com] Sent: Friday, August 29, 2008 5:30 PM To: KARP Gary Subject: Master Plan Ordinance Attachments: MASTER PLAN AMENDMENT DRAFT_RickSatreComments.doc Gary - Vl/hew. So many phone calls and interruptions. Here is a Track Changes edition of your draft ordinance. Thank you for the opportunity to review the material. I think you've done a great job clarifying ambiguities and documenting the actual master plan process. Richard M. Satre, AICP, ASLA, CSI, President Satre Associates, P.C. 101 East Broadway, sune 480 Eugene, Oregon 97401 (541) 465-4721 . Fax (541) 465-4722 . 1-800-662-7094 . www.satrepc.oom This message ~ intended solely for the indNidua/ a" entity to whom it is addressed and may contain information that is {livi/eged, confidential, and exempt from discloslXfl under applicable state and federal law. Jf you we not the addressee, rX' ere not authcx1zed to receive for the intended addressee. you are hereby notified that you may not use, copy, distribute, Of disclose to anyone this message or the information contained herein. If you receWed this message in error, immediately advise the sender by reply emai/ and destroy this message. Date Received:_OG 2q 0'0 Planner: GK 11/20/2008 . . Sfl J(2e'J ()f1t1-eN J) OVERVIEW Oraft 07/31J1l8 The proposed amendment of Section 5.13-100 Master Plans arises from issues occurring during and after the review of the Marcola Meadows, RiverBend 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 11/111 procedure. The Final Master Plan application is specified as a Type 1111 procedure. 4. Establishes a Neighborhood Meeting public involvement process prior to Preliminary Master Plan submittal, which would be the applicant's responsibiltty (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 ex1ensions for up to 10 years, but does not apply this protection for ex1ensions 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 submtts/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 Stte Plan Review applications to inttiate the various phases (applicant submits/staff reviews). Date ReceiVed' Off 29 CT 6 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 currenlly mentioned In 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 bme as the Glenwood Refinement Plan and the Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: {sIIike ~I Language proposed to be added is shown as: lanquaqe added. [SeatioA 6.13100 Master Plans I 6.13106 PIlFJlese !I.. ^. Masler PlaA is a semprel1eAsive plaA Il1at all......s pl1asiAg ef a spesms ~evelepmeAI area over several yea", for publis, comm9...al, iA~ustRal or resideAtial ~e':elopmon!. .'\ Mastor PlaA, iA Ihis sonlex!, is spocific 10 IlliG Ce~e and is Act GOnsi~ored 10 bo a mfiAemeAt plaA er aAY oll1er similar subsel of Ihe Melre PlaA. By a~~ressiAg public servico impacts aA~ ~e':elopmeAt requiremeAls alll1e lime of appmval of Master PlaA, Il1ese impacts aAd requiremoAls Aee~ AOt be readdressed al sllbsequeAt pl1ases aAd Il1e develeper may rely eA Ihe Master PlaA apwo':al iA implemeAtiAg Il1e de,'elopmeA!. B. Tl10 pUll'ose of a Masler PlaA is 10: 1. Pre'.'ide pr<llimiAary appreval fer 1110 entire devolopment area in relalioA 10 laAd usos, a mAgo of miAimum to maximum pelontial iAleAsilies aAd deAsities, arraAgemeAt of uses, and Ihe 10satioA of public faGililies aAd ImAsportatioA syelems wilen a de'/elopmeAt area is proposed 10 be de':oloped iA pl1ases; 2. .^,ssure Ihat iAdi'/idual pl1ases of a ~ovelopmeAt '/Jill be coomiAaled will1 eash ether, 3. Pro'/idell1e applicaAI aA assuraAce of Il1e City's expesalion fer Il1e ovemll do':olopmoAt as a basis fer dotailed plaAAiAg aAd iA,:e"tment by Il1e de')elopeF. C. The PlaAniAg CommissioA sl1all appro','e Il1e Master PlaA pRor 10 City approval of a related SubdivisioA or Sile Plan applicalioA; 110we\'er, the Master PlaA may be ro,:iewed eeAGl:Jr:reAtIY'fllth 3 ZaRing Map amsAdmeAt, Di&cmtieAarJ UEa, Varbnce 8Adtar aFlY ether applicalieA or appro'lal sougl1t by 1110 applicaAI related 10 Il1e Master PlaA. D. Subjes Ie pRor appre':al of a Masler PlaA, a sepamte Subdi':isioA or Site Plan application sl1all be appro'Je~ fer easl1 phase. The Master PlaA sl1all be tl10 basis for 1110 o':alualioA of all pl1ases of ~e':elopmeAI OA any issues Il1at iI addresses. Pl1ases may bo combiAed fer ooFl&i6ter:atieA. E. ^.pproval of a Masler PlaA is olklcti'JO fer up 10 7 yea",; hO'No':or Il1e appro'.'ed Master PlaA limo limil may be ex!ende~ pu",uaAllo SesioA 5.13 135, Medifisatio"s Ie t~e Master Pia" and SchochJle. I 6.13110 !l.pplieability The Masler PlaA proeess applies "<hen iniliale~ by aA applisant '1'l1eA Il1e fellewing GAteRa are met; 2 Date Received: 082q og" Planner: GK . . .... The develepmenl aFea is ~nder one owne"'Rip; ar B. If IRa develapmenl area Ras m~ltipla aVJRa"" tRen all ,""na'" of record Rava conGented in '''';tin~ la IRa Mastar Plan re',iev, preGeGG; and C. The 9s\'slepmBAt area is 5 acres er gr83ter. D. ~Jatw;lhslandin~ the fere~ain~, tRe Direaar may dele...,ine IRattRe prepased de"elapment is inapprepriala as a Masler Plan and tRe applisatian '/Jill nal he aGGepled. 16.13116 Re',iew !\. Mastar Plans are revie'sed ~ndar Type III prosedu,e, ~nless IRe Director determines tRal the applisatian sRauld he re'.eurad as a Type IV deGisien hy the City CounGiI due to Ihe Gamplexity af Ihe applisatian. B. ... Pre I'.pplisalian RepaR applisation aG spaGified in Section 5.1 100 is re~uirod prior to suhmillal of a Masler Plan appliGalien. I 6.13120 Suhmittal Re~ui"'menls fI. Master Plan sRall Genlain all ef tRe elemants prepared in a Glear and legihle manner neGessmy la demanslrale IRattRe pre"iGions of IRis Cade are hein~ fullilled and shall inGlude hul nal he limited to Ihe fellawin~: !\. Tha exislin~ Metra Plan desi~nalian and zona Glassifisalian. B. A '/iainily map drawn 10 ssale on a street hase map. C. A legal desGriptian af IRe preperty lagetRer witR a map dra','JR to ssale depieting IRe legal houndaries af IRe suhjea preperty. D. A lapagFapRY map and narrati\'l3 depiaing present UGes af tha land, axisting etruE:luree, streets, signiliGanl vegetalian, wetlands, drainage waye and otRer rele'Jant nalu,al and man made features. E. .^. eije plan sho'Nin~ losatian and Iype af all land uees propoeed, appreximale aGreage and app,oximate numhar af unils ar s~uare faotage of uses, adjaGent prepelt)' useG and relevant featu'es. F. TAB fJeAE~' er int13nsity of J;lrepesed 1::1888. C. The maximum heigRt and eize of prepased slruau'es. H. A puhliG !aGilities plan sRa"ling existing and preposed stroets, ulilijiee, sanilary ee"'e" Aatural ane pipes steFm 61raiflB98 system, W:lter service, bike BAa pefJestFian 'Nays ami transit lasatians. I. Maps and narrati',e shawing alf sije puhliG imp"...ements neGeseary to ealVa the proposad devalapmant andlar ta mitigale impaets la adjaGenl prepeR'Iar puhliG faGililies. 3 Date Received: 0 g 29 0'(3 Planner: GK Th,~ Dimstar ~ay req~ir.. add~ianal inlermaliaA AeGessa", la e':al~atel~e propased de.ela~meAI, IAsl~dIAg: b~1 not lim~od la: aA ESEE aAalysis, geolagy, soils, starmwater, SaA~al), tr.... preservatloA, ~lsloAsal, aFG~aeologisal, aAd tFallis impasto ,1\11 ",Ialed maps OXGI~dlAg "IOInlly and detail maps, s~all ba all~e same ssale. ' Provisians: if aAY, ler ",seA'alion, dodisatioA, or ~se el land lor p"bliG P"'Ilotes, incl"ding, b"1 nal limlled la: Rg~tS .1 'Nay, easemeAls, parks, opeA spaaes, aAd sa~eal s~eG. An aveFaIl sc~ed"le or detaoplioR al p~asing; and ~e development Ie OGa"r iA eaG~ p~ase. II p~asiAg allemalives ar.. ".ntemplaled, I~ese altemalives s~all be desGribed. '^lI1e II '1 ~. . .. re.e Sl e .r et er Inlraslrud~", ImprovemeAts ara "'q"ired, t~e applisaAI s~all spesil\, I~a IlmlAg and mel~od ef seG"nng Ihe ImprevemeAt, iAal"ding bend, leller 01 credil, jaiAI de~aM ar ether ses~Aty sallslasta!)' far said imprevamenl GeAstrustian. Designation af FespaAsibility fer pra'AdiAg iAlraStrust"fB aAd se,viGes. O. 1'. geAeral sG~ed"le al anAexaliaA GeAsisleAI wit~ I~e p~asing plan, if ap~lisabla. I 6.13126 Criteria . . J. K. L. M. N. A Masler Pla~. may be a~,proved il I~e Planning Cammissien finds thai t~a propasal Genlerms wilh all of Ihe. fella.Ang appro. al snleAa. In I~e avenl 01 a saAftist 'Nil~ appro...al Grileoa in I~is S~bsestlan, Ihe mor.. spesifiG req"i",meAls apply. . ... The .zeAing sf I~e pre~eRy shall be seAsistenl 'A'il~ Ihe r~etre Plan diagram aAd!or =sable Refinemenl PlaA diagram. PlaA Dialost map. aAd Conoopl"al Develapmenl B. The req~e61. as saAditianed. shall GOnlorm la applisable S~ongfield De'Jelo~manl Code r..qUICemanls, Metre Pia A paliGies, RafinemeAt PlaA, Plan Distost aAd CaAsept"al DavelopmeAI Plan paliGies. ' Propased aA s~e aAd off tile imw",'ement6, bol~ p~bli" and ~o'Jale, a,e E"lfieienllo aGGammadale Iho propoEed p~aGed de'Jolepmenl and any sapaGity req"iremenls el p"blis faSl~ltles .plaA~; ami ~n9'lIEleR& are ma(ja ts a&Eblre S9Rttrudi9R at eft tite impr-o'Jement& in GeAJ"nGllan wll~ a ss~ed"le of the phasing. The req"est s~all provide adeq"ale g"idan"e fer t~e design and Goardinalion of fut"Fe phase&; C. D. E. P~ysiGaI feat"r..s, insl"ding b~t nellimited to stoep slopeG ",il~ "Aslable soil er geelegiG ~~nd~lons, ar..as w~~ s"sGe~tibiliI>J la flooding, tignifioanl GI"slers of I",es and shrubs, natSFG81:.1FE9& .&l=Ie'A'R SA the \^.'QlN" t~3p 3R9 tt:leir aEceeiatee riparian areas, 'l.'Stl3RtE r~~k. gyt~mf3ptn9E ana span spaces amt areae: at l=Iitt9AC :ma/er 3FchagelegiC31 I G1gnlfisanGe as may be 6peGified in SestiaR J.J 900 or ORS 97.749 769. Jfifl.OOfi 9fifi a d JOO.2Jfi 249 s~all be prolodod as speGified in I~is Code or iR Stale or Federalla"'; and R losal p"blis faGilities plans and looal st,eet plans s~all Rot be adversely impaGled b 'I~ propased de':elopment. } e F. 4 Date Received: OB .29 O'i? Planner: GK ~ . . I 5.13130 Cenditiens The .~fJflr:e'''31 ^lJthSRty may attach r83€9R3Bly AeG8&E3ry S9RaitieA& te miRimiz8 Regative imfJastE. as spe.ified iR this Code to ORSUFe Ihat tho W<lposod do\'elopmoRt oaR fully meet Ihe .RtoRa of SestieR 5.13 125, aRd may re~uire guaraRtees te eRBure .0mpliaRGe. '\dd~ioRally, the appre"al may .0RlaiR any .0RdilioRS Re.essa,y Ie implemeRt Ihe provisions of SestioR 5.13 120 iR.ludiRg a s.hedule of foes aRd .harges, a s.hedulo of .0mptiaR.e review aRd the eldent to "!hish IRe Master PlaR is assignable. I 5.13136 Medifieatiens te the Master PlaR and Sshedllle ApptisatioRS fer phase modifisalioR appre'.'al whi.h are iR subBlaRtial .onfermily with aR approved Masler PlaR shall Rot be deemed a modifi""tioR of the plaR. Modifisations to the Master PlaR .hall be pr<l""ssed IInder the applioable prosedllros dosGRbed below to amoRd the PlaR: A. Modifications that do Rot affeG! Iho baBie uRdeAyiRg assumptioRB of the adopted Mastor PlaR aRd whish aFe Rot determiRed to be similar 10 SllbsestioR B. or C., belew shall bo preeessod as a miRisteRal desiBion by the Direstor. B. Modifieations that are sigRifieaRt, bllt do nol affeGt the basie uRdeAying assumptioRs of the appreved Master PlaR, shall be pmsessed uRder Typo 11 prosedllre. These modifiealions iRsh::.Il:te 3 reql:J8st: 1. By the applieaRI fer a .hange of deRs~ allooatioR wilh iR the deRsity raRge allOY.'od iR tho applioable ZaRing dislrisl; 2. By Ihe appli""nt ror a .hange to tho alignmeRt of right of "lay re~lliremenls of losel - 3. By Iho applieaRt or Ci~J fer a .hange 10 the sizes or 10setioR of pllblie lasil~ies; i. By Ihe appliGeRI for a .hange of sGheduled phasiRg beyond tho appm'Jed lime limit fur Iho phased de\'elopment "<IlOR Iho proposed .haRgo affects tho .0RctruGlioR of s.hoduled publie imprO'Jomonts; 5. By the City basad on the re~UiFemeRllo implement RevAy adopled Stale or Foderal regulations; 6. By Ihe appliGaRt fur a ORe time eldeRsioR of the appr<lved lime limij fer up to Ihreo years. The time liRe eldeRsioR will be graRled provided the applioant has made reasonable progFeSS in the implementalioR of Iho MaBter PlaR and publie serviGes and Ia.ilitios romaiR available; 1. By Ihe appliseRI to aller SigRifiGaRt Ratural rosou,"es, '....etlaRds, opeR spaee areas, BFGRaeelegic and hitteRS featl:lFe& eeyena tl:1e seep8 at tRe afJfJFG"JeEi Matter PlaR; 9f 8. By Ihe applieaRI for other modifieations to the appr<>ved Master PlaR thai the Dirosor determines 10 be similar ta the modifiealions spe.ifiod in Ihis Subsestion. 5 Date Received: 0929 0'0 Planner: GK . . c. MaeifiGaliens whish affect tha ~neGrlying oasis ass~m~tians ef Iha a~wevee Master Plan ar Ihat prahioi!, ,eGlFisl ar .ignifiGantly allesl ijs im~lementatian shall oe prasessee ~neer Ihe Ty~e III ~"'see~re, ane incl~ea: 1. ^ ZeRiRg ~1ap 3mSRgmsRt er QissretieAary IJS8 3ppli~3ti9R iRiti3ted by the a~~licant; . 2. .^. req~esl fur the'" alignmant ar '" eesignatian af altanal ar sallastar cl,aets initialae oy the a~~liGanl; 3. The inaoilily af the Cily ar the a~~licant Ie ~ra'.'iee essenlial ~~olis infloaGI"'sI~re; ~. ^ r...q",~st 0\' Ihe City oasee an the "'q~iremant 10 im~lement n....Ay aeeplee Slate ar Feeeral reg~lalians; 6. ^. req~esl oy Ihe a~~licant far e"'ensian af Ihe time limij of the Master Plan oeyone the a~~"".'eelime limit s~ecifiae in Subseslien B.6., aoave ar the e"'en.ian permittee in Seslien 5.13 135, out in na Gase .hall tha axten.ien a*seae1 5 years fIoem Ihe aFiginal Master Plan a~~ra'lal eate; or 6. Other shanges ta the final a~p""lee "aster Plan as 'equeslee by the ap~liGant that Ihe Directar eeterminGs 10 be similar la the maeificalians s~esifiee in this S~b.ectian. I 6.13 11Q ""suFanee 10 the ,l\p"lieant . .-. ^ ppra'lal af Iha Mastor Plan shall as.~re Ihe a~~lisanl Iha Fighl ta ~roseae with .tha . eavalopment in suostantial oonfermity '....ith tha Master Plan, subjesl ta any maelfisallens as may be approvee as s~esifiee in Seslian 5.13 135. Changas la O,elnanoos, pollClas ane slanea,ds aeaptee aller the eale af a~plO"al of the Masler Plan shall nel a~~ly 10 Ihe ee'/elapmen!. Phase appre"als shall osc~r thro~gh Ihe lane ei'.'isian 1O\'io'l/ plOcess, as specifiee in Seelian 5.12100, orthe Site Plan ,e'/iew ~rese.s, as s~ecifiee in Sestion 5.17100, as a~~liGaole. The Masler Plan shall oe the oasis fer the e"al~ation of all ~hases ef eevelopmant on any is.~es whish it aeereGses. .ll,p~re'/al of ee'lela~ment ~hases '/AII.oe grantee .~oject ta the terms ane saneilians af the Mastar Plan, but subjastta Ihe a~~hsaole Develapment Caee pra'/isions ane City Ominansee an iss~es which the Master Plan gesE Ret :uldreE:E. B. c. D. Nalwilhelaneing Ihe ~receeing pravisian, the City shall not ba obligatee to previea ~~blic im~re'lemenls alleeling im~lementatian af Ihe Masler Plan if p~olic tunes are not available. The City .hall nel be requiree ta ap~rave ee'.'ela~mont of (lny ~hase eessFiboe. in Ihe . Ma.ler Plan iftha a~pre"al "ielatas a~plicabla Foeersl or Stalo stat~as or aemlnlstrall'lo AJIe&, E. F, The a~provee Masler Plan shall be recemee at Lane Ca~nly Deees ane Recems ane Ihe aRginal ret~meela Ihe City.] 6 Date ReceiVed: og 2 9 uS Planner: GK . . Commentary. The proposed subsections are listed below. Section 5.13-100 Master Plans Subsections: 5.13-105 Pumose 5.13-110 Aoolicabilitv 5.13-115 Preliminary Master Plan - Review 5.13-116 Preliminary Master Plan -Aoolication Concurrencv 5.13-117 Preliminary Master Plan - Neiahborhood 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 Imolementation 5.13-135 Final Master Plan - Modifications 5.13-140 Final Master Plan - Assurance to the Aoolicant and City Disclaimers I 5.13-105 Puroose Commentary. The "definition" of a Master Plan is clearer- the specific purpose is to allow phasing of development over time. A. A Master Plan allows ohasina the development of a soecific orooertv over several vears. Commentary. The current purpose statements are revised to give them more substance. B. The ouroose of a Master Plan is to: 1. Facilitate the review of laroe-scale. multi-ohased develooments and ensure that individual chases will be coordinated with each other over the duration of the Final Master Plan: 2. Ensure that a full ranae of oublic facilities and services are available or will be orovided for the orooosed chased development and to clan the extension of necessarv public infrastructure in a timelv and efficient manner: 3. Establish soecific land uses. a ranae of minimum to maximum potential intensities and densities. the arranaement of uses. and the location of oublic facilities and transportation svstems; 4. Identify the incremental and cumulative imoacts associated with the orooosed development and consider alternatives for mitiaatina these imoacts to affected orooerties and oublic facilities: 5. Provide the property owner an opportunity for the concurrent review of discretionary land use decisions: and cOmment [MSOffleel]: If one of the applicability standards is 5 acres, does ~large-scale" make sense? Is it defined anywhere? Comment [MSOfflce2]: As zoning establishes general land uses, so master plan establishes specific land uses. The questioo becomes how specific do the master plan uses need to be and. more to the point, docs the specificity ofland uses in the master plan restrict the provision ofsimilllf. but different land useswhcn subsequent site plan review applications are submitted. With a 7 to 10 year development timcCrame. market forces, consumer preferences, consumer goods, ete will no doubt be different. We don>t want to unnecessarily require master plan modification applications. Comment [MSOfflce3]: Are intensities defined anywhere. I have a hard time differentiating that from density. Comment [MSOfflee4]: How can 'cumulative impacts> be measured? \\fhenisanimpactsignificanttoa suffieientdegreethatpropertiesOf facilities can be determined to be affected? Measuring the impact on transpor/Btion 5y5fentS and utilities is well defined, but what is an impact on p<<>pmy? 7 Date Received' 06' 29 O't:;; Planner: GK . . . 6. Provide the orooertv owner with the assurance needed over the lone term to olan for and execute the orooosed develooment. 15.13-110 Aoolicabilitv Commentary. The current SDC Master Plan review process implies there is a two-step process, but is not specific. The proposed review process is fonnalized into two distinct steps - the Preliminary Master Plan and Ihe 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 orooertv is under sinole ownershio: or if the orooertv has multiole owners, all owners of record consent in writino 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 orooertv is 5 acres or oreater and the aoolicant desires develooment to be ohased over a oeriod not to exceed 7 vears. EXCEPTION: The Director may allow an exceotion to the 5 acre minimum. if the aoolicant re~uests ohasino for more than 3 years. 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/residenlial mixed use. Subsection B. tists proposed development options that may occur in a number of zones or mix of zones. B. A Master Plan may include oublic. commercial. industrial or residential develooment. or any combination thereof. I 5.13-115 Preliminary Master Plan - Review Commentary. There is a change proposed for the level of review for a Preliminary Master Plan. Currently, a Type 11/ procedure (Planning Commission review) is required for all Master Plan applications. A Type /I procedure is proposed because the intent of the Master Plan process is similar to a Site plan application, which is a Type /I 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. Comment [fotSOfflce5]: How long is tentative subdivision approval good for? 2 years also? Maybe mention thaI as well if it makes sense to 00 so. A. The Preliminary Master Plan shall be reviewed under Tvpe II orocedure. EXCEPTIONS: The Preliminary Master Plan shall be reviewed under Tyoe III orocedure jf; 1. The Director determines that the orooosed develooment may have ootential imoads on Dublic facilities and/or other orooerties: andlor 8 Date Received: 082906 Planner: GK I . . 2. The applicant chooses to submtt concurrent Tvpe III procedure applications as may be permitted in SDC 5.13-116.8. B. Prior to the submittal of a Preliminary Master Plan application: Commentary. The "Pre-Application Report" process is currently used to atlow 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-Application Report application. as specified in Section 5.1-120.8.. is reQuired prior to the formal submittal of the Preliminary Master Plan application. 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 formal submittal by the applicant and the start of the State-mandated 12o-day review time line. 2. A Pre-Submittal Meetina application. as soecified in Section 5.1-120.C.. is reauired prior to the formal submittal of the Preliminary Master Plan application. I 5.13-116 Preliminary Master Plan - ApDlication Concurrency Commentary. Currenlly. there is no prohibition on concurrent Metro Plan diagram and/or text amendment applications. but past City practice has been that the an; 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 conlinues this past practice. A. If the applicant reQuires or proposes to chanae the Metro Plan diaaram and/or text. the applicant shall applv for and obtain approval of a Metro Plan diaaram and/or text amendment prior to the submittal of the Preliminary Master Plan application. The Metro Plan diaaram and/or text amendment may also reauire amendment of an applicable refinement plan diaaram or Plan District Map. B. The Preliminary Master Plan may be reviewed concurrentlv with other Tvpe III applications indudina a Zonina Map amendment Discretionary Use. Maior Variance. or a Willamette Greenwav develocment aoolication. Commentary. Currenlly, 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 Stte Plan applications that initiate the various phases of proposed development shall not be submitted concurrentlv with the Preliminary Master Plan. These applications shall not be submitted until Final Master Plan approval is aranted. as specified in Section 5.13-133. 9 Comment [MSOffice6]: Is there an exlra word in this sentence? Comment (MSOfflce7]: Submittal upon 'approval' or 'cffc:ctivc date'? Date Received' 0 g 29 00 Planner: GK . . . I 5.13-117 Preliminary Master Plan - Neiahborhood Meetina Commentary. During the Marr;ola Meadows Metro Plan diagram and Zoning Map amendment 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 Plan 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 1, Citizen Involvement. To provide the opportunity for ea~v citizen involvement in the Master Plan review process. the applicant shall provide notice and invije citizen participation by initiatina a Neiahborhood Meetina after receipt of staffs response to the Pre-Application Report application reauired 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 reaardina 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 by a desian team comprised, at a minimum. of a.olanner, architect. civil enaineer, and landscape archiject. A proiect coordinator shall be assianed. The proiect coordinator shall be licensedlcertified in their respective profession. All related maps. exdudina 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 indude. but not be limited to: A. General Submittal Reauirements. The applicant shall submit a narrative aenerally describina the pUrDose. operational characteristics and potential impacts of the proposed development on adiacent properties. The narrative shall indude: 1. The existina Metro Plan desianation and zonina. Where the proposed Master Plan site is within an overlay district. Plan District or Refinement Plan the applicable additional standards shall also be addressed; 2. The location and tvoe of land 'uses proposed: 3. The proposed number of residential units andlor sauare footaae of commercial. industrial and/or public uses: 4. The density or intensity of proposed uses, indudina applicable Floor Area Ratios (FARs): and 5. A discussion of how any potential impacts of the proposed development on adiacent orooerties may be mitiaated. 6. The applicant shall attach: Comment [MSOfflce8]: I imagine there will be new applications Conns - for both Preliminary and Final master plans. WiIIlhere be a Final Master Plan fee? 1OOlOoCthePrelimin!U)1 {DeI<ted:1lllliool Comment [MSOffice9]: See my prior comment about unnecessarily locking in specific land uses, when markets and goods may change over the life of the master plan. Cornment[MSOITIcel0]: See my prior comment about defining. measuring impacts. 10 Date Received: 0 g 2.C; 00 Planner: GK - . . a. A maD deoictina existina zonina and land uses within.3oo feet of the orooosed Master Plan boundarv: b. A maD deoictina the orooosed Master Plan boundarv toaether with existina 10Uoarcellines: c. A Vicinity MaD drawn to scale deoictina existina bus stoos. streets. drivewayS. oedestrian connections. fire hydrants and other transoortationlfire access issues within.300 feet of the orooosed Master Plan sije; and d. A leaal descriotion of the orooertv within the orooosed Master Plan boundarv . 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 clearlv indicated. InfonTIation reauired for adiacent orooerties may be aeneralized to show the connections to ohvsical features. A Site Assessment shall contain the followina infonTIation. as aoolicable: 1. The 10o-vear noodolain and floodway boundaries on the orooosed 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. Physical 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 CWLQWl MaD and their rioarian areas on file in the Develooment Services Deoartment. In the latter case. the name. location. dimensions. direction of now 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 tributarv. a Rioarian Area Protection Reoort is reauired; and 4. Soil tyoes and water table infonTIation as maDDed and soecified in the Soils Survey of Lane County. A Geotechnical reoort oreoared by a licensed Geotech shall be submitted concurrently if the Soils Survey indicates the orooosed Master Plan site has unstable soils and/or a hiah water table~ c. A Gradina Plan which includes: existina and proposed elevations and .contours at 2-100t intervals. On hillsides (as defined in SDC 3.3-500 Hillside Develooment Overlay District?), the olan shall show Dad sites and their relationshio to the oublic riaht-of-way with existina and orooosed contours at l-foot intervals and oercent of slooe. In areas where the oercent of slooe is 10 oercent or more. contours may be shown at 5-foot intervals. Comment [MSOfficell]: How about making Ibis 300 feet - the same distance aspublicnoticc. Delet"', ~ {DeI.....:~ Comment [MSOfflce12]: Definition s for 'unstable' and 'high water table'? I Delet"': Whe~~e~ C2 ] ;';'~:~~~I~i:~=~for II Date Received: 09 ;::;'9 06 Planner: GK . . D. A Stormwater Manaoement Plan diaoram which includes the stormwater manaoement svstem for the entire proposed Master Plan site and anv impacts on adiacent properties. The plan shall include the followino components: 1. Roof drainaoe pattems and discharoe locations: 2. PelVious and impervious area drainaae oatterns: 3. The size and location of stormwater manaoement svstem components. includino but not limited to: drain lines. catch basins. drv wells andlor detention ponds: stormwater oualilv measures: and natural drainaoewavs to be retained andlor modified: 4. Existino and proDOsed elevations. site orades and contours (coordinated with SDC 5. 13-120Cl: and 5. A stormwater manaaement system plan with supportina calculations and documentation as reouired in Section 4.3-110 shall be submitted supportino the proposed svstem. The plan. calculations and documentation shall be consistent with the EnGineerinG DesiGn Standards and Procedures Manual. E. A Wastewater Manaoement Plan with maps and a narrative depictino the location and size of existino and proposed wastewater facilities with supportino calculations and documentation consistent with the EnGineerino Desion Standards and Procedures Manual. F. A Utilities Plan with maps and a narrative depictino the location and size of existino and proposed water. electrical. oas and telephone service: and the location of existino and re~uired traffic control devices. fire hvdrants. street liohts with the proposed desion option. DOwer poles. transformers. neiohborhood mailbox units and similar public facilities. G. A Conceptual Landscave Plan with maps and a narrative iIIustratino proposed landscapino for the entire proposed Master Plan site. includino. but not limited to: where existino veoetation is proposed for preservation. especiallv riparian and wetland areas and trees: installation of veoetative bufferino: street trees: oenerallandscapino: and a percentaoe ranoe for the total amount of reauired open space. broken down bv the Ivpe of open space. public and private. as applicable. H. An Architectural Plan with maps. illustrative examples includina buildina elevations utilizina applicable SDC desion standards. and a narrative providina sufficient information to describe proDOsed architectural slvles. buildino heiahts and buildina materials. I. A Parkina Plan and Parkino Studv. 1. A Parkino Plan shall be submitted for all proposed development and shall contain the followina information: I Deleted:. Comment [MsOfflce13]: Not sure what is meant by "proposed design option". Comment [MSOfflce14]: Marcola Meadows utilized Design Guidelines as a way to provide future fh:Jl:ibility yet preserve the initial master plan CQncepl. These addressed nol only buildings, but parting areas., landscape and open space areas and an array of site fixlures including lighting. fencing. bencbes. etc. What arc your thought in that regard in this new ordinance? Comment [MSOfflce15]: You've gol an architc:aural plan, landscape plan. utilities and parking plans, what aOOul an overall site plan or site improvements plan? Something which provides documentalion (and approval) of the overall ~!er_pl~ si!~? 12 Date ReceiVed' Og 29 0'13 Planner: GK . . . a. The location. dimensions and number of orooosed oarkina soaces: includina aisles. landscaoed areas. wheel bumpers. directional sians and strioina: b. On-site vehicular and oedestrian circulation: c. Access to streets. allevs and orooerties to be served. includina the location and dimensions of existina and oroposed driveways and any existina driveways orooosed to be closed: d. Exterior liahtina as soecified in Subsection J.. below: e. The location, dimensions and Quantitv of orooosed bicvcle soaces: f. The amount of aross floor area aoolicable to the oarkinQ reQuirements for the orooosed use: and a. The location and dimensions of off-streetloadinQ areas. if any. 2. A ParkinQ Study. for other than sinale familv develooments. with maDs and a narrative deoictina oroiected oarkinQ imoacts, includina. but not limited to: oroiected oeak oarkina demand: an analvsis of oeak demand comoared to orooosed on-site and off-site suoolv: ootential imoacts to the on-street oarkina system and adiacentland uses: and orooosed mitiaation measures. J. An On-site Liahtina Plan deoictina the location. orientation. and maximum heiaht of all orooosed exterior liaht fixtures. both free standina and attached, The liQhtina olan shall also detail the tvoe and extent of shieldinQ. K. A Public RiQht-of-WavlEasementlPublic Place MaD deoictinQ the reservation. dedication. or use of the orooosed Master Plan sije for oublic ourooses. includinQ but not limijed to: riQhts-of-wav showina the name and location of all existinQ and orooosed oublic and orivate streets within or on the boundarv of the orooosed Master Plan sije. the riQht-of-wav and Davina dimensions. and the ownershio and maintenance status. if aoolicable. and the location. width and construction material of all existina and orooosed sidewalks: cedestrian access ways and trails: orooosed easements: existina easements: Darks: ooen soaces. includinQ olazas: transit facilities: and school sijes. l. A Traffic Imoact Study. as soecified in Section 4.2-105,A.4. the detailed scooe of which may be established bv the Public Works Director. The Traffic Imoact Study shall contain maDs and a narrative deoictina oroiected transoortation imoacts. includina. but not limited to: the exoected number of vehicle trios loeak. events. and dailv): an analvsis of the imoact of vehicle trios on the adiacent street system: and orooosed mitiQation measures to limit any oroiected neaative imoacts. Mitiaation measures may include imorovements to the street system itself or soecific DroQramS and strateaies to reduce traffic imoacts such as encouraaina the use of public transit. caroools. vanoools. and other alternatives to sinals occuoant vehicles. 13 Date Received: 0 'E3 29 6g Planner: GK . . 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 facimies. stormwater manaaement. electricitv 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 limited to: the tvpe. location and timina of proposed uses. includina buildina pads/envelopes: proposed public facilities includina on-/off-site streets and traffic sianals or other traffic control devices and utilities with the desianation of construction and maintenance responsibility: estimated start/completion dates with a orooosed financial auarantee to ensure olanned infrastructure imorovements will occur with each phase or when reauired bv the Citv. affected local aaencv or the State: a statement of the applicant's intentions with reaard to the future sellina or leasina 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 bicvcle connectivilv and ooen soace reauirements to the orooosed ohasina. N. NeiahborhPOd Meetina Minutes. The applicant shall submil minutes of the Neiahborhood Meetina specified in Section 5.13-117. O. A COPv of all proposed and anv existina covenants. condilions. and restrictions that mav control development. if applicable. P. Annexation. A aeneral schedule of proposed annexation consistent with the phasina plan. iI applicable. Q. The Director mav reauire addilional information necessary to evaluate the proposed development. includina. but not limiled to a: 1. ESEE analvsis: 2. Wetland delineation approved bv the Oreaon Department of State Lands shall be submitted concurrentlv with the Preliminary Master Plan application. where there is a wetland on the proposed Master Plan sile: and 3. Historical andlor archaeoloaical studies. R. Anv concurrent land use applications as specified in Subsections 5.13-1168. I 5.13-125 Preliminary Master Plan - Criteria Commentary. The Preliminary Master Plan approval cntena are clearer. For example, cntenon 5.13-125 B. currently states: "The request, as conditioned, shatl 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 SOC defines "Approval Authonty" as the Director, Heanngs Official. Planning Commission or the City Council. A Preliminary Master Plan shall be approved. or approved with conditions. iI the Approval Authoritv finds that the proposal conforms wilh all of the applicable approval criteria. 14 Comment [MSOffice16]: Clarify thatthemastcrplanrequiresthc identification of the form and substance of the financial guarantee but the provision of the actual financial instrumenl is nOl due until implementarion - i.e., the PIP bond. Date Received: O'f?.29 og Planner: GK . . Commentary. The current "Metro Plan diagram" reference is deleted because either the applicant has recently applied for and obtained a Metro Plan diagram andlor text amendment, andlor 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 consistencv. The existina or proposed zonina shall be consistent with the Metro Plan diaoram and/or applicable text. In addition, the Preliminarv Master Plan shall be in compliance wijh applicable Citv Refinement Plan, Conceptual Development Plan or Plan District standards, policies and/or diaoram and maps. Commentary. This crilerion specifically refers to "all applicable slandards of the zoning district" which include building heigh/, setbacks, specific design standards, etc. B. Zonino district standards. The Preliminarv Master Plan shall be in compliance with applicable standards of the specific zonino district and/or overtav 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 capacitv. With the addijion of traffic from the proposed development. there is either sufficient capacitv in the Citv's existino transportation syStem to accommodate the development proposed in all future phases or there will be ade~uate capacitv bv the time each phase of development is completed. Adopted State and/or local mobilitv standards, as applicable, shall be used to detennine transportation system capacitv. The Preliminarv Master Plan shall also comply with any conditions of approval from a Metro Plan diaoram and/or text amendment reoardino transportation and all applicable transportation standards specified in SDC Chapter 4. Commentary. This criterion refers to current parking standards in SDC Chapter 4 Development Standards that appty to speCific transportation issues. D. Parkino. Parkino areas have been desiGned to: facilijate traffic safetv and avoid conoestion: proyide bicYcle and cedestrian connectivijy within the property and to nearby transit stops and public areas. The Preliminarv Master Plan shall also comply with all applicable vehicular and bicvcle parkinG standards specified in SDC Chapter 4. Commentary. This criterion refers to current ingress-egress standards in SDC Chapter 4 Development Standards that apply to speCific transportation issues. E. InGress-eoress. Inoress-eoress points have been desioned to: facilitate traffic safetv and avoid conGestion: provide bicYcle and pedestrian connectivitv within the property and to adiacent residential areas, transij stops, neiGhborhood activijy centers, and commercial. industrial and public areas: and minimize driveways on arterial and collector streets as specified in this Code or other applicable Citv and State reoulations. The Preliminarv Master Plan shall also comelv with all aoolicable inaresslearess standards soecified in SDC Chapter 4. Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to specific utility issues. 15 Date Received: (/ ~ :29 00 Planner: GK . . F. Availabilitv of oublic utilities. Existina oublic utilrties. indudina but not limrted to. water. electricitv. wastewater facilrties. and stormwater manaaement facilrties erther have sufficient caoacitv to suooort the orooosed develooment in all future phases adeauatelv. or there will be adeauate caoacitv available bv the time each phase of develooment is comoleted. The Public Works Director or aoorooriate utility orovider shall detennine caoacitv issues. The Preliminarv Master Plan shall also comolv with applicable utilitv standards soecified in SDC Chapters 4 and 5. Commentary. This criterion refers to current standards in SDC Chapter 4 Development Standards that apply to specific physical feature issues. G. Protection of ohvsical features. Phvsical features. indudina but not limited to slopes 15 percent or areater wrth unstable soil or aeoloaic conditions. areas wrth susceotibilrtv to floodina. sianificant dusters of trees and shrubs. watercourses shown on the Water Oualrtv Limrted Watercourses (lNOLWl Mao and their associated rioarian areas. wetlands. rock outcroooinas and open soaces and areas of historic andlor archaeoloaical sianificance as may be specified in Section 3.3-900 or ORS 97.740-760. 358.905-955 and 390.235-240 shall be protected as specified in this Code or in State or Federal law. The Preliminarv Master Plan shall also comolv with aoolicable physical feature protection standards specified 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 reauired public facilities will either occur in coniunction with. or orior to each ohase. or there are aoprooriate financial auarantees to ensure the ohased public facilities construction will occur. and explain the timina of construction and maintenance. and identrtv the party resoonsible for financina and constructina and maintainina each ohase. Commentary. Compatibility and mitigation criteria are specifically addressed. I. Adiacent use orotection. The prooosed Preliminarv Master Plan contains desian. landscaoinalscreenina. oarkinaltraffic manaaement and multi,modal transoortation elements that limit andlor mrtiaate identified conflicts between the oropertv and adiacent uses. J. Mitiaation of off-site imoacts. Potential off-site imoacts includina. but not limited to noise. shadina. alare. utilitv caoacitv and traffic. have been identified and mrtiaated. I 5.13-130 Preliminary Master Plan - Conditions The Aoproval Authoritv may attach reasonable conditions to minimize identified on-site conflicts and impacts on surroundina orooerties raiSed durina the Preliminarv Master Plan review process as identified bv staff or this Code to ensure that the orooosed development can fully meet the crrteria of Section 5.13-125. Certain conditions may reauire an adeauate financial Guarantee in a form acceotable to the City to ensure comoliance. I 5.13-131 Final Master Plan - Review 16 ( Deleted: Dublic hearino Comment [MSOfflce17]: How ~i11 the Preliminary Master Plan decision be rendered? In writing via a"notice of Decision! What about the Type II appeal period, efTective date of the approval and when the Final can be submitted? Date Received' 0029 o~ Planner; GK . . . 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 aoolieation shall be reviewed under Tvee I orocedure. However. if the Director determines the aoolication is not in substantial comoliance with the Preliminarv Master Plan aooroval as soecified in Sections 5.13-125 and 5.13-130. the Final Master Plan shall be reviewed under Tvoe II orocedure. 15.13-132 Final Master Plan - Submittal Reauirements Comment [MSOfflce18]: Do you bave a new application {ann? 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 Aooroval. the aoolieant shall submit the Final Master Plan. The Final Master Plan shall incoroorate all Approval Authority conditions of aooroval. The Final Master Plan aoolieation shall include: 1. A narrative that lists the conditions of aoproval. exolains how each condition is met and references the apolieable Preliminary Master Plan maos. diaorams or olan sheets that reauire revision: 2. The seecific maos. diaQrams. olan sheets or other documents that.have been revised: and f Deleted: reauire revision 3. Any other information that may be reQuired by the Director. EXCEPTION: The aoplieant may reauest an extension of the Final Master Plan submittal for UP to one additional year. The apolieant shall submit the reQuest in writinQ to the Director no later than 30 days orior to the expiration of the Preliminary Master Plan Aooroval. The aoplieant shall exolain why the reQuest is necessary and demonstrate how the Final Master Plan aoolieation will be submitted w~hin the reauested extension time line. The Director may Qrant or amend the extension reQuest ucon determininQ that the aoplieant is makinQ omaress on the Final Master Plan aoolieation. Commeni(MsOfflce19]: Does the final master plan apire based on the appJ9~.I~t~Je or ~ ~ffective lWe? Commentary. Requiring the Pre-Submittal Meeting application will allow staff to evaluate the Final Master Plan application for completeness, prior to formal submittal by the applicant. B. A Pre-Submittal MeetinQ aoolieation. as soecified in Section 5.1-120.C. is reauired Priorlo the formal submittal of the Final Master Plan aoplieation. 15.13-133 Final Master Plan -Criteria, Recordation and Effective Date Commentary. There are two criteria for Final Master Plan approval. A. Criteria. The Aooroval Authority shall Qrant Final Master Plan aooroval ucon findinQ that: 1. The Final Master Plan substantially conforms to the provisions of the Preliminary Master Plan aooroval: and 17 Date Received: 00 29 Ci0' Planner: GK . . 2. All aooraval conditions have been met or ean be auaranteed to be me!. Commentary. Staff is aware of the cost and difficulty of recording the Final Master Plan as the regulations are currently wtitten. The recordation of a Memorandum of Final Master Plan approval will reduce costs to the applicant. B. Recordation. The aoolieant shall record a Memorandum of Final Master Plan ADoroval in a fonnat aooraved bv the City Attomev and anv other reQuired documents at Lane Countv Deeds and Records and return a recorded coov of all aoolieable documents to the Develooment Services Deoartmen!. C. Effective Date. 1. Final Master Plan aooraval is effective on the date of recordation for not more than 7 vears, 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 oennitted develooment has been constructed or the olan is modified. suoerseded or exoires. D. Once the Final Master Plan is aooroved, all oersons and oarties. and their successors, heirs or assians, who have or will have anv interest in the real oraoertv within the Final Master Plan boundary. shall be bound bv the tenns and conditions of aooraval of the Final Master Plan and the oravisions of this Section, I 5.13-134 Final Master Plan - Phasina Imolementation Commentary. Subsection A. is from current Section 5,13-140. A. The Final Master Plan shall be the basis for the evaluation of all ohases of oraoosed develoomen!. indudina Subdivision or Site Plan Reviewaoolieations, Commentary. A Pre-Submittal Meeting application is currently required for all Subdivision and Site Plan Review applications, This is not another layer of staff review, However, it is necessary to detennine Master Plan compliance and which Master Plan conditions of approval apply to a particular development phase. Not all appraval conditions may apply to a particular phase. B. Each Subdivision or Site Plan Review aoolieation that imolements any ohase of the aooraved Final Master Plan shall be reviewed for comoliance with the followina criteria durina the Pre-Submittal Meetina aoolieation oracess as soecified in Section 5.1-120.C.: 1. Final Master Plan aooraval and; 2. The soecific Final Master Plan conditions of aoproval that applv to the orooosed aoolication. I 5.13-135 Final Master Plan - Modifications 18 { Deleted:. Comment [MSOffice20]: 1 years from approval of effective date? Comment [MSOffice21]: How will approval be noticed? Will it be a wrinen "NoticeofDecisionr Comment [MSorftce22]: Gary- when can subdivisioo llrldlor site plan review applications be submitted? Upon Final master Plan approval or when the Final Master Plan is in efTeg? PO/ate Received:_ 0 g 29' oC anner: GI{ !? . . Commentary. This Section specifically states that modifications are made to the "Final" Master Plan. The three current review categories remain. However, Subsection D. is added to list those modifications for which no planning review is required. A prooosed Final Master Plan modification shall be processed under the applicable procedures described below: A. The followinQ modifications to a Final Master Plan shall be processed under Type I procedure. These modifications include a request: 1. By the applicant for a chanQe of scheduled phasinQ beyond the approved time limit for the phased development when the prooosed chanQe affects the construction of scheduled public improvements: 2. By the City based on the requirement to implement newly adopted State or Federal reaulations: 3. By the applicant for a one time extension of the approved time limrt for UP to 3 years. An extension request shall be filed in writinQ with the Director at least 60 days prior to the expiration of the initial 7 year period. If the applicant has made reasonable prooress in the implementation of the Final Master Plan and public services and public facilities remain available. the time line extension will be Qranted: or 4. By 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 and/or those modifications listed in Subsection B. below that are less than the 10 percent thresholds specified. Commentary. This Subsection is based upon current text and adds specific thresholds in ceTtain situations. The level 0/ review is reduced to a Type II or Type III procedure to be consistent with the level of review for the Preliminary Master Plan application. B. The followinQ modifications to the Final Master Plan shall be processed under Type II procedure. unless the Director determines that the prooosed modification may have ootential impacts on public facilities andlor other properties. In this case the Director shall raise the review level to a Type III procedure. These modifications include a request: 1. By the applicant for a chanQe of density allocation within the density ranQe allowed in the applicable zonina district: 2. By the applicant or Crtv for a chanQe to the size. location or capacity of public facilities: 3. By the aoolicant to alter sianificant natural resources. wetlands. riparian area. open space areas. archaeolooic and historic features beyond the scope of the approved Final Master Plan: 4. By the applicant for 10 percent or areater increases or decreases in the overall commercial. industrial or public floor area or the number of dwellina units: Comment (MSOfflce13]: \\'hat is reasonable progress? Comment [MSOfflce24]: Do the facilities need to be buill to 'be availableft or can they still be in the phasing process?_ CommeOt [MSOffIce25]: If me loning district has density ranges, and the proposaIrc:m.ainswitbinthose limitations, why need this additional .",,1 19 Date Received; Gg 29 0'1'2 Planner: GK . . 5. Bv the applicant for increases or decreases in the amount of approved or required oarkina bva factor of 10 oeree"t or areater. The apolicant shall provide a new parkinq analysis related to the propOsal; 6. Bv the apolicant for a Zonina Mac amendment or Discretionarv Use apolication: 7. Bv the applicant to re-aliqn or chanqe the functional dassification of arterial. collector or local streets: 8. Bv the applicant for propOsals that would increase the number of PM peak-hour vehicular trips bv 10 percent or more. except in cases where a trip cap has been impOsed on development of the property. Where such a trip cap is in effect. a modification of the land use decision that impOsed the trip cap shall be required. In all cases. the applicant shall provide a Traffic Impact Analvsis sUPpOrtinq the propOsal: 9. Bv the City or the applicant when essential public infrastructure cannot be provided; 10. Bv the applicant for extension of the Final Master Plan time Iimtt beyond the maximum aporoved time limit of 7 years or the extension permitted in Subsection B.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 request shall be filed in writinq with the Director at least 60 days prior to the exoiration of the initial 7 year period or any subseauentlv approved extensions. The time line extension will be qranted provided the applicant has made reasonable proqress in the implementation of the Final Master Plan and public services and faciltties remain available; 11. Bv the applicant for a chanqe to the approved Final Master Plan boundarv: 12. Bv the applicant for a chanqe in location of a primarv structure: or 13. 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. Commentary. A possible limitation on the number of modifications is proposed. 14. UpOn the submittal of any modification wtthin this cateaory. if the Director determines that previous modifications and the prOpOsed modification siqnificantlv impact the approved Final Master Plan. the applicant may be required to submtt a new Master Plan application. 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 propOsed modification complies with the followinq: 1. Anv applicable Preliminary Master Plan criteria of approval specified in Section 5.13-125: and 20 I Comment [MSOfftce26]: Aren't tbeseTypelll? f Comment [MSOfflce27]: Wllld is i 'j '"pnmary' suucture? Date Received: 08 29 o~- Planner: GK . . 2. Anv other applicable standard of this Code that may be re~uired to iustify the proposed modification. Commentary. This Subsection adds specific situations where additional Planning review of Final Master Plan modifications is not necessary D. The followino modifications to the Final Master Plan do not reauire subseauent land use review and are allowed upon issuance of a buildino permij, if reauired: 1. Buildina interior imorovements: 2. Exterior improvements associated with existino buildinos that do not involve an expansion of flPOr area, subiect to all applicable base zone development and desion standards and relevant conditions of approval as approved in the Final Master Plan: 3. Installation of new mechanical or electrical eouipment. or modification of existina eouipment. subiect to all applicable base zone development and desion standards and relevant condijions of approval as approved in the Final Master Plan: 4. Routine maintenance of existina buildinas. facilities and landscaoina: 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. I 5.13-140 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 Master Plan time fine extensions that are more than 10 years, and up to the 15 year maximum would be under regulations in effect at the time of submittal of this additional time fine extension. A. Assurances to the applicant: 1. The applicant is en@ed to relv on land use reaulations in effect on the date the Master Plan application was submitted, in accordance with ORS 227.178(3) for the 7 year approval time limij, with a sino Ie 3 year extension. EXCEPTION: Anv time line extension proposed for more than a combined total of 10 years shall complv with land use reaulations in effect at the time of the time line extension application submittal specified in Subsection 5.13-135.C.10. 2. The aoolicant shall have the riaht to eroceed with develoDment as lona as it is in substantial compliance with the Final Master Plan and other re~uired approvals and permits, subiect to any modifications as may be approved as specified in Section 5.13-135. Commentary. These Subsections appear in other Sections of the current SDC. 21 Date Received: Og:29 0<;:; Planner: GK . . B. City Disclaimers: 1. The City shall not be reauired to apProve development of anv phase described in the Final Master Plan if the approval violates applicable Federal or State statues or administrative rules. 2. The City shall not be obliaated to provide public improvements affectina implementation of the Final Master Plan if public funds are not available. 22 Date Received: U 8-.29' Of) Planner: GK