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HomeMy WebLinkAboutMiscellaneous APPLICANT 8/22/2008 7< . . OVERVIEW Oraft 07/31/08 The proposed amendment of Section 5.13-100 Master Plans arises from issues occurring 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 modificatio"n 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 IIII1V procedure to a Type 111111 procedure. The Final Master Plan application is specified as a Type 1111 procedure. 4. Establishes a Neighborhood Meeting public involvement process prior to PreHminary Master Plan submittal, which would be the applicant's responsibility (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). I 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. i,Final !II1a~terf<lal'!.approval granted effective on date of recordation (staff); and ':. :', <''':~ ;kj ;SUb~~Jtt.~! ~qrl'Subdivision and Si~e Plan Review apPlicaW~M~rtri8E D ':~'- """, t 'phases (applicant submits/staff reviews). M I:. \..; 1:.1 V "'f""; fl fI- ", I f)IJ.1.j .~\ ,~ r:v ' . AUG 22 Z008 ex "H', . '(, p I By: . . . .. 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 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 time as the Glenwood Refinement Plan and the Glenwood Riverfront Plan District are updated. Text proposed to be deleted is shown as: [sUike through]. Language proposed to be added is shown as: lanauaae added. [Soetion 5.13 100 Master PlaRs 16.13106 Purpose ,'1,. fI. Master Plan is a sOFl'1prehensivc plan that allews phasing of a speGifis de'JelopFl'1ent area over se'/eral years for pl,lbliG, sOFl'1F1'1ercial, industrial or r-esidenlial de'JelepFl'1ent. ^ Master Plan, in tnis conlext, is "pecific to tRis Code and is not considered to be a refineFl'1ent plan or any olner siFl'1i1or sl,lbset of tRe Metro Plan. By addr-essing publiG ser-vice iFl'1pact" and development r:eEll,lireFl'1ents at tRe tiFl'1e of approval of Master Pla,n, these iFl'1pacts and r:eql,lir:eFl'1ents need not be r-eaddr-essed at sl,lbseEluent phases and tRe developer FI'1ay rely on the Masler Plan appro'/al in iFl'1pleFl'1enting the development. B. TRe pl,lr:pose of a Master Plan is to: 1. Pm'/ide pr-eliFl'1inary approval for tne enlir-e de'/elopment ar:ea in r-elation to land l,Ises, a range sf FI'1iniFl'1uFl'1 to FI'1axiFl'1uFl'1 potential intensities and densities, arrangement of l,Ises, and tRe location of I3l,1slis facilities and tr~nsporlation systeFl'1s v/hen a developFl'1ent area is pr:oposed to be de'/elopedin phases; 2. .'\SSl,lr:e tRat indi'..idl,lal pnoses sf a de'lelopFl'1ent will be soon:linated '....ith eash ether; 3. Provide the al3l3licant an assl,Irance of the City's expectalion for the over:all development as a basis for detailed planning and inve&lFl'1ent by tne developer. C. The Plannin!! Commission shall appr-(we the Master Plan prior to City apl3r:a'/al of a relateEl Sl,Ibdivision or Site Plan appliGation; however, tRe Mo!:ter Plan FI'1ay be r-eviewed concl,lrrently with a Zonin!! Map amendFl'1enl, Dis€:reticmary Use, Varian€:e andlor any other apl3li€:ation or approval sou!!ntsy tne applisant related to the Master Plan. D. Sl,Ibjeslto prier approval of a Master Plan, a separ:ate Sl,IbElivision or Site Plan appliGation snallse al3woveEl for ea€:nl3nase. The Master Plan !:hall be tne SOlS is for the evall,lation of alll3hases of de'/elopment on any issues; that it aElElr-es;ses. Phases may be Gombined for €:onsideration. E. Approval of a Masler Plan is effecti'/e for up to 7 years; however tne approved Master Plan time limit may se.extended pursuant to Section 5.1:3 1:35, MeEfifiGations to the Masto.'Plan ami Schedule. 1 6.13 110 Applieallility . ,,-r!1i.~,as,1.e,r.f'Jf.!lJ~0~:;;S,.~~~lies 'linen initiated by an applicant wnen ~E D I , I r. 'I' ,\ "il ,/ nt::..u t:nr .' :' .~. .:'1 ~ ~ . Ir.. ""rj dO ~:r;:".{ ~:.l::..' . " fi J~ ' r1 ~ , ~'i!";'1 ...; ,.;'J t'o..:",.j \'1 !J l.~ :i'~. ~~,:rt ':-4Hl~ t1 ~, . AUG 2 22008 onr,~ ,. P l' 'lllU...I '.; i...l!J\ ,.' \".,'.'.. . ,1.... ,. By: GK 2 . . 1.. The de\<elapment area is under ane o'Nnership; or B. If the development area has multiple awners, then all owners of msord Ra'Je G1:msented in writinll to the Master Plan review prosess; and . C. The development area is 5 acms er llr.eater. D. Netwithstandinll the ferelloinll, the DireGler may determine that the preposed develepment is inapprepriate as a Master Plan and the applisatien will net be aGcepled. 16.13116 Re'/ie.:: A. Master Plans are reviewed under Type III precedure, unless the DimGler determines that the application should be reviewed as a Type IV decision by the City Counsil due to the semplexity of the applisalion. B.' .^, Pre .'\pplication Report applisatien as spesified in SeGlien 5.1 100 is required prior to submittal ef a Master Plan applisation. 16.13120 Submittal Requirements .^. Master Plan shall contain all ef the elements prepared in a clear and lellible manner nesessary te demenstrate that the previsions of this Code are Deinll fulfilled and shall inslude but net ee limited te the fellewinll: A. The exislinll Metro Plan desillnatien and zene slassificatien. B. A '/icinity map dra..vn te scale en a street ease map. C. A lellal descriptien ef the preperty tell ether with a map dmwn te scale depiGlinll the lellal eoundaries ef the subjeGl property. D. t, tepellraphy map and narrative depiGlinll present uses ef the land, existinll slruGlums. str-eets, sillnificant '1elletation, wetlands, drainalle ways and ether r-elevant natuml and man maEle fealur-es. E. /'. site plan shewin!jleeatien and type ef all land uses prepeseEl, appreximate acr-ealle anEl appraximate numeer af units er squam feetalle ef uses, aEljaeent prepeFty uses and relevant features. F. The density er intensity af prepeseEl uses. O. The mClximum heillht and size af proposed slruGlures. H. A puelic fucilities plCln she'Ninll existinll Clnd proposed streets, utilities, sClnitClry sewer, natural and piped starm dminCllle system, water servise, eike and pedestFian wClyS and transit lecCltiens. . I. Maps and narmtive shewinll eft site public impre'/ements necessClry ta serve the prepesed . . -. . .:;, ,.' ~e.Y!!Jopm.e. n!.~nd{er te mitillClte impClGls to ClEljClcent pr-operty or PUbIiG~c; . V E D . ~\ ,~, Ii j\"" . \LJf' REI " .;" ,I; '\1 ~ ~:-Il.. n ." r~j . :.: ;.'; ,.,,:.~. l~ ~! ,;,....!l -\~~' t:-.-: .1 opO" (' ~ '1'J ~ 0..1 ~'\ '.~ f",\ ; ~.. "N AUG 22 Z008 By: b~ 3 , . . . J. TRe Oir=eGtor A'lay ml:luir-e additional inforA'lation necessary to evaluate the Ilrollosed develellment, including, but net limited to: an ESEE analysis, geology, soils, stermwater, sanitary, tme Ilmservatien, historical, arcRaeelegical, ana tr-affic imllact, All r=elatea mails, excluding vicinity and detail mal3S, shall be at the same scale, K. Pro'Jisions, if any, ~er mservation, deaicatien, er use ef land far public Ilurposes, incluaing, but not limited te: rights of 'tILlY, easements, llaFks, ollen sllaces, ana sshool sites. . L. An e'ler-all scheaule er aessrilltion of I3hasing; and the aevelepment to occur in eash Ilhase. If Ilhasing alternati'Jes are contemlllated, these alternatives sRallbe described. M. \^lhere off site or ether infrastruGtur-e imllrevements are r8l:luir-ed, the applicant shall sllecify the timing and method of securing the impr-ovement, including bond, letter of cmdit, joint deposit or ether security satismGtery for said imllrovement construction. N. Designation of msponsibility far proviaing infr-astructum ana services. O. A general schedl,lle of annexation consistent with tRe I3hasing Illan,if applicable. I 6.13 126 Criteria ^ Master Plan may be appro'Jed if the Planning Commissien finds that the Ilf-Ollosal con~orA'ls with all of the fallowing al3llroval criteria. In the event ef a conflict with allPf-Oval criteria in this Subsection, the mer-e sllecific r-el:luir=er-nents apply. A. The zoning ef the IlrOllerty shall be censistent '/lith the Metre Plan diagr-am ana,(or aplllicable Refiner-nent Plan diagram, Plan District mall, and Cencelltual DevelellA'lent PlaRi B. TRe rel:luest, as conditioned, shall confarm to alllllicable Springfield Oevelol3r-nent Code FOl:luiFer-nents, Metro Plan !lolisies, Refinement Plan, Plan District, and Conceptual Development Plan pelicies. C. Proposed on site aAd off site improvements, soth Ilublic and private, ar-e sufficient to accommodate the proposed phased development ana aAY capasity rel:luir-ements of pl,lblis fusilities !llans; and provisiens aFe made to aSSUFe construction of off site imprevements in sonjunction with a schedule of the phasing. D. The rel:luest shall pro'.<ide adel:luate guidanse far tRe design and coor-diflatien of fut!.lre Ilhases; E. PRysical fuatures,iflcludiflg Sl,lt Aotlimited to steep slol3es ':.<itR !.Instable soil or geologic conditioAs, aFeas with S\,Jscelltibility to flooding, significaflt cluster-s ef tmes and shrubs, water-eour-ses showfl on the 'NQLW Mall and their associated ril3aFiaA ar-eas, wellaflds, rock outcrollllings and ellen spaces and areas of historic andlor archaeological sigAiflcance as may be sllecified in Section 3.3900 or ORS 97.740760,358.905955 and 390.235 249 sRall se l3F8tectea as specified in this Ceas er in State or Federal law; and c. o /' '-:j Y ,:~, ,. ,. ., I. ;" I -f ~~ ~... \' ,~f..' .', r <'7 ~;.!I gpro~oseil developmenl. ",,'I.U:,) \1 L.~--';!'.':'~o:'t~'t:."l:'-j~ jI 'I'*- -}l "q :." . AUG 222008 By: 6( 4 8110S\ & OW . . I 5.13130 Con(jitions . . . 'sa!"" conditions to minimize negative l.ml3aGts The t\J:ll3roval J\utRority may allach r-aas~nabl~ nece; de'~eloF1ment can fully meet the crltena of as sl3ecified in this Code to ensu.re that t et pr-o~osensur~ complianse. Additionally, the al3pro~/al Sectien 5.1 J 125, and may reqUlr-a guaran e~s Oe~t the pro"isions of SeGtion 5.13 120 includlAg a may contain aAY conditions necessary to Imf em r ce re':ieu. and the extent to wRich the schedule of fees and charijes, a schedule 0 comp Ian . ,. Master Plan is assignaele. I 5.13 135 Mo(jifi~atiens te tile Master Plan an(j 8elleElule .. " . , . '.alu'hich are in substantial conformity '''''Ith an al3pr-G.ed AJlJlliGations for Jlhase mollification appr~~ati~n of the Jllan. Modifications to the Master Plan Master Plan sRall not ee lleemed ~ moll d descrieed eelO'.... to amend the Plan: shall be JlFocessed unller the applicable Jlroce UFOS , d Fl 'in assumJllions of the adopted Mastor Mollificalions that do not atteGt.the bas~s un ~ ~ togSubseGtion Il ore., below shall be Planam:l which are not lleteFR'llnell to e SI~1 ar processed as a ministerial decision by tRe DlreGtor, . .. . "eGt tRe basic unllerlying assumplil:ms of the Modifications that are slgnrficant, but do not ad T 'pe II Jlr-Gsedure. TRese mollifications aJlJlr-Gved Master Plan, shall be Jlroeessed un er ~ inclulle a request: B ' the applicant for a chang7 of density allocation .....ith in the llensity range allowed 1. in\he applicaele zoning distnGt; r e t of right of way r-ai:juirements of local By the applicant for a change to the a Ignm n streets; . h to the sizes or location of public facilities; By the apJllicant or City for a c ange . I d hasing beyond the appro'led time lim,it By the applicant for a change of schellu e p II change atteGts the construGtion of for the phased development when the JlFOpose . scheduled public impFO'..ements; R 'rement to implement newly adopted State or Felloral By the City basoG on t e rei:jul . rellulations; . . . n of the approved time limit for up to three By the applicant for a one tlr:ne extenslo t d ro"ided the aJlJllisant has made years. The time line extens.lon Will bet g;.an e f t~e iAaster Plan and public sen/ices r-aasonable JlrollFess in the Implemen a Ion 0 . and facilities r-amain available; " I I sour-ces wetlands, oJlen space areas, By the applicant to aller Slgnlficant:a ,ur~ ~~e scoJle' of the al'lJlr.oveG Master Plan; archaeologic and histone featur-es e~on . GF . . I Ihe aJlJlFS.:ed Master Plan tRat tRe By the aJ3J3lisan~ for other ~0~lfic311~~S 0 difications sl'lecified in this SubseGtion. DireGtor. determines to be Similar to e mo r~':;:~\)I~!':l~"":l'f1 . ECE\VED \~=~ ""c', .I >>"'''' ",,/I.~ R 5 A. B. 2. 3. 4. 6. 6. 7. 8. ; "~~~ ~ "VA ~ '~,iJ. U "'vt::;' t I( I: ",,1_. AUG 222008 CK P"'tt._ __ I 6.13 140 AsSklFaRee to the A.pplieaRt . . A liGantlhe right to pro Geed 'Hlth 11m ^ pproval of the Master Plan shall a~sur-o t e ap~ ler Plan subjes! to any A'loEliflGations . . . b I f I feFmI!>' ''',IA UlO . as, . . de'lelepA'lentln su s an la G~n . ,... 5 1 J 1 J5. Changes to Or-dinanGes, pohGles as A'lay be appr-oved as SpeGlfleEltt sefl~~r~"al of the Masler Plan SA all not apply to ans stanElar-ds miopted after the a e 0 a '. Ihe developA'lenl. EI di"ision revie',': pr-oGess, as speGifieEl in Phase approvals shall OGGllr thFOllQA the Ian . as speGified in SeGlion 5.17 100, as 5eGlion 5.12 100, or Ihe Sile Plan FeVle'.v precess, . . applicable. . " Illation of all phases of developA'lenl on The Masler Plan shall be the basIs for th~ ef.; "elopment phases will be granted subjes! . . dd ^ppro"a 0 e. any issues \'.4=lIch It a resses. ,.. but sub'es! to Ihe appliGable to the terA'ls and Gonditio.n~ of IRe Ma.s~eb~~n'nGes oniisslles whiGh Ihe Masler Plan DevelopA'lent Code prOVIsions anEl Clt~ r Ina does not addr-oss. . . . CiP' shall not be obligated 10 provide publiG . Nolwithstandinglhe pre~eslng pr~vl:lon, ~~~e M;ster Plan if publiG funsEl are not iA'lprevementEl affeatlnglA'lpleA'len a Ion 0 . u'l3ilable. . '. " "10 menl of any phase sesGribed in Ihe . . The City shall not be reQulFe~ to appro. e d:i e F:deral or State stalueEl or asminiEllratl'/e Master Plan if the approval 'lIelat-os appllGa e fUle&, ,'" i ~D ~:".: "-:~' ~ ~:! ~II be FeGor-ded at Lane Coun ','<) :~:4 ~{fi: b~;oW~~i1~u"m:d ~~ =~it>J.] ,,, 1/.. cl tf ~ t~ [ g~ ~,,'.1 ?"'B AUG 22 Z008 '..:.~.....l :;-O.t~ ,ff 'f:f (~d..1 ~~ .:~ ..,....,.~" : )".. .. -'-'.. ., c. . . . . . .. EliG aElElumptions of Ihe approves Master Plan MosifiGationEl whlGh ?ffoat I.he .unEle~~ In: ~'I implementation shall be proGesseEl unEler or Ihat prohibit, restnat or slgnlfiGant ~ a e I S the Type III pr-oGedure, anEl inGluEle: . . s t or DiElGretionarv Use appliGalisn initiates by Ihe .". Zoning Map amen A'len , . appliGant; . . t d signatisn gf arterial sr GslleGtor slreets .11. r-eQuest fer the re ahgnmen or re e iniliates by tRe appliGant; . h r ntlo pr-o"ide essential publiG infr.astFYGlur-e; The inatlility of Ihe City or t e app IGa . .11. reQuest by the City bases on the FeQuir-oment to impleA'lent newly adopleEl Slate sr Federal reQulations; . . on of Ihe lime limit of Ihe Master Plan beyond .11. reQuest by the apphGant ~r OlG~nSI at' B e abo"e or the elltenElion . r .t peslfled In Subse Ion . " . Ihe appr-oveEl tlR'le Iml s . hall the elltension eXGeeEl15 years permittes in Seation 5.1 J 1 J5, but In no Gas.e s froA'llhe original Master Plan appr-o'lal dale, or '. " M ster Plan asr-oQuesled by Ihe appliGant that Olher Ghanges ts t~e final apl3F.o. ~s ;s athe R'loEliflGations speGifieEl in tRis Ihe Dkeator delerrRlnes 10 be SIR'll ar . . Subsection. 1. 2. 3. 4. 6. 6. A. 8, c. D. E. ""i'i' (' n 0'1' U!!V..I'4. ::. rJl.f'. By: (;~ . 6 ~ ~ ..1',.",';;, . . Commentary. The proposed subsections are listed below. Section 5.13-100 Master Plans Subsections: 5.13-105 Puroose 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 15.13-105 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 phasino the development of a specific property 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 with 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 necessary public infrastructure in a timely and efficient manner. 3. 'Establish specific land uses. a ranoe of minimum to maximum potential intensities and densities. the arranoement of uses. and the location of public facilities and transportation systems; 4. Identify the incremental and cumulative impacts associated with the proposed development and consider alternatives for mitioatino these impacts to affected properties and public facilities: :C ";j ."~~; \.r ~ '~:~ :.~)';it'~~the ro ert owner an 0 ortunit for the concurre _..n --," '" ,. <....,,' discretionary land use decisions: and E IVE D , ~ -. fifo, k J!f,.,-t\ ,. ~,~:r.. .:} -'~_ '3..4' t ~bJ )':lo :~"\ J\.t~.I~.~,.. " .... . \:.~::i i," I " ....' ....~ AUG 2 2 Z008 By: 6'~ 7 . . . . 6. 5.13-110 A Commentary. The current SDC Master Plan review process implies there is a two-step process, but is not specific. The proposed review process is formalized into two distinct steps - the Preliminary Master Plan and the Final Master Plan. A. Approval of a Master Plan is a two-step process that includes Preliminarv Master Plan Approval and Final Master Plan Approval. This process applies when the followina criteria are met: 1. The properly is under sinale ownership: or if the properly has multiple owners. all owners of record consent in writina to the Master Plan review process: 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 properly is 5 acres or areater and the applicant desires development to be phased over a period not to exceed 7 Years. EXCEPTION: The Director may allow an exception to the 5 acre minimum. if the applicant reauests phasina 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 commerciallresidential mixed use. Subsection B. lists proposed development options that may occur in a number of zones or mix of zones. B. A Master Plan may include public. commercial. industrial or residential development. or any combination thereof. 15.13-115 Preliminary Master Plan - Review Commentary. There is a change proposed for the level of review for a Pre.fiminary Master Plan. Currently. a Type /II procedure (Planning Commission review) is required for all Master Plan applications. A Type /I procedure is proposed because the intent ofthe 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. A. The Preliminarv Master Plan shall be reviewed under Tvpe II procedure. EXCEPTIONS: The Prelimina /.. ",1 'c~il"l\ In; "=,if! - -~.~ "--c F" ,I 1 fl ;"';Wl \~ t ~: ~~-=- :s =;:.~.ij .".~ .:: .! ).,1 ~ )-! l"~ ~I ~' ~1 . ;,"'.. ','" \.< !.! '~'hl" '1.;:--(..1", :;:;;r..!rl! fi .~ 1. The Director determines that the proposed development may have ~~m 2008 ,":" t, .. ;" I.' impacts on public facilities andlor other properties: and/or. \. lr\,.. J '*. oJ I ,\ By: C;K Master Plan shall be reviewed un . eED ." _,r- \ . ~ If" i .r._ , ~" K . . 2. The applicant chooses to submit concurrent Tvpe III procedure applications as mav 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 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-Application Report application. as specified in Section 5.1-120.8.. is reauired 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 120-day review time line. 2. A Pre-Submittal Meetina application. as specified 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 - Apolication Concurrencv 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 applicant reauires or proposes to chanae the Metro Plan diaaram andlor text, the applicant shall applv for and obtain approval of a Metro Plan diaaram andlor text amendment prior to the submittal of the Preliminary Master Plan application. The Metro Plan diaaram andlor text amendment mav also reauire amendment of an applicable refinement plan diaaram or Plan District Map. B. The Preliminary Master Plan mav be reviewed concurrentlv with other Type III applications includina a Zonina Map amendment. Discretionary Use. Maior Variance. or a Willamette Greenwav development application. 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/his requirement. Subdivision andlor Site 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. . .l ~ --,I, ~*' \1 j: .i.: ~... .l1'~ . -, . _ . , I- -... ...... II".' ~'_ ... . r: - ,,_. ,. ~ <- - , r~. ~ ,I ~, ",. """~ , .. 'j I L . J" -.- ',-!. lo;o:.",_~ -1''/,'" t"'.....' . __-' 'ty..J' ~, 1- !'-~lf~,i "II." - ~ ........., '. > c::....1 \t.. I;... ..' \,,-....Ii J" .. .... ..-.'-' t,--::;':.:J ," :' C. , ilDGS" ~ J'J,' RECEIVED b, ,,:\.0.. " "ft:, \. AUG 222008 ' By: G~ 9 . . I 5.13-117 Preliminarv Master Plan - Neighborhood MeetinQ' I Commentary. During the Marcola 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 80a/1, Citizen Involvement. To provide the opportunity for early citizen involvement in the Master Plan review process. the applicant shall provide notice and invite citizen participation by initiatinq a Neiqhborhood Meetinq after receipt of staff's 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 schedulinq and notice costs. The applicant shall provide information reqardinq the application at the meetinq. The applicant shall submit minutes of this meetinq with the Preliminary Master Plan application as required in Subsection 5.13-120N. I 5.13-120 Preliminarv 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 desiqn team comprised. at a minimum. of a proiect architect. enaineer. and landscape architect. A proiect 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 qenerally describina the purpose. operational characteristics and potential impacts of the proposed development on adiacent properties. The narrative shall include: 1. The existinq Metro Plan desianation and zonina. Where the proposed Master Plan site is within an overlav district. Plan District or Refinement Plan the applicable additional standards shall also be addressed: 2. The location and tvpe of land uses proposed: 3. The proposed number of residential units and/or square footaqe of commercial. industrial and/or public uses: 4. The density or intensity of proposed uses. includinq applicable Floor Area Ratios WARs): and 5. A discussion of how anv potential impacts of the proposed development on . ""., <f'&:'p ~~':;;::~~i::;;::ls a:::h~e mitiqated. R E C E IV E 0 r ---;;{~ '~'j~. ~. '_..--~ ;' fi- .-- 9i r 11 ~ . ~. :"\"....... l' ~ '.-:_.....' ~,';..?-! ~~I.r _J . AUG 222008 ~~~~\;\ '.: ~ ;::! Ij . '> '}\; ill,,; ,. By: 6K 10 . . a. A map depictinq existinq zonina and land uses within 250 feet of the proposed Master Plan boundarv: b. A map depictina the proposed Master Plan boundarv toaether with existinq 10tlparcelliAes: c. A Vicinity Map drawn to scale depictina existina bus stops. streets. driveways. pedestrian connections. fire hydrants and other transportationlfire access issues within 250 feet of the proposed Master Plan site: and . d. A leqal description of the property within the proposed Master Plan boundarv. B. A Site Assessment of the entire proposed Master Plan site that preciselv maps and delineates the areas described below..Proposed modifications to physical features shall be clearlv indicated. Information reauired for adiacent properties may be aeneralized to show the connections to physical features. A Site Assessment shall contain the followina information. as applicable: 1. The 1 OO-year floodplain and f100dway boundaries on the proposed Master Plan site. as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision: 2. The Time of Travel Zones. as specified in Section 3.3-200 and delineated on the Wellhead Protection Areas Map on file in the Development Services Department: 3. Physical features includina. but not limited to siqnificant clusters of trees and shrubs. wetlands as specified in Section 4.3-117. rock outcroppinqs and watercourses shown on the Water Quality Limited Watercourse NVLQW) Map and their riparian areas on file in the Development Services Department. In ihe latter case. the name. location. dimensions. direction of flow and top of bank shall be depicted. If the proposed Master Plan site is located within 150 feet of the top of bank of anv WQLW or within 100 feet of the top of bank of anv WQLW direct tributarv. a Riparian Area Protection Report is reauired: and 4. . Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A Geotechnical report prepared bv a licensed Geotech shall be submitted concurrently if the Soils Survev indicates the proposed Master Plan site has unstable soils and/or a hiah water table. C. A Gradina Plan which includes: existina and proposed elevations and where extensive aradina (2 or more feet of fill) is anticipated for portions of or the entire proposed Master Plan site. On hillsides. the plan shall show pad sites and their relationship to.the public riaht-of-way with existina contours at 1-foot intervals and percent of slope. .In:areas".'. "; '-":~ &jl where the ercent of slo e is 10 ercent or more contours ma be showi1" t..5-f" .Dr~ H i1 intervals. R.' . ., . ~ :el :~. ., . .. - . L'. " AUG 2.22008 By: (;1 11 . i~.' . 'h . . D. A Storinwater Manaqement Plan diaqram which includes the stormwater manaqement system for the entire proposed Master Plan site and any impacts on adiacent properties. The plan shall include the followinq components: 1. Roof drainaqe patterns and discharqe locations: 2. Pervious and impervious area drainaqe patterns: 3. The size and location of stormwater manaqement systems components. includinq but not limited to: drain lines. catch basins. drv wells andlor detention ponds: stormwater quality measures: and natural drainaqewavs to be retained: 4. Existinq and proposed elevations. site qrades and contours: and 5. A stormwater manaqement system plan with supportinq calculations and documentation as required in Section 4.3-110 shall be submitted supportinq the . . proposed system. The plan. calculations and documentation shall be consistent with the EnGineerinG DesiGn Standards and Procedures Manual. E. A Wastewater Manaqement Plan with maps and a narrative depictinq the location and size of existinq and proposed wastewater facilities with supportinq calculations and documentation consistent with the EnGineerinG DesiGn Standards and Procedures Manual. F. A Utilities Plan with maps and a narrative depictinq the location and size of existinq and oroposed water. electrical. qas and telephone service: and the location of existinq and required traffic control devices. fire hydrants. street liqhtswith the proposed desiqn option. power poles. transformers. neiqhborhood mailbox units and similar public facilities. G. A Conceptual Landscape Plan with maps and a narrative illustratinq proposed landscapinq for the entire proposed Master Plan site. includinq. but not limited to: where existinq veqetation is proposed for preservation. especiallv riparian and wetland areas and trees: installation of veqetative bufferinq: street trees: qenerallandscapinq: and a percentaqe ranqe for the total amount of required open space. broken down bv the type of open space. public and private. as applicable. H. An Architectural Plan with maps. illustrative examples includinq buildinq elevations utilizinq applicable SDC desiqn standards. and a narrative providinq sufficient information to describe proposed architectural stvles. buildinq heiqhts and buildinq materials. I. A Parkinq Plan and Parkinq Study. 1. By: 12 t. .,. ~". . . ~!! (i ... ' .,. . . b. On-site vehicular and pedestrian circulation: c. Access to streets. allevs and properties to be served. includina the location and dimensions of existina and proposed drivewavs and any existinc driveways proposed to be closed: . d. Exterior liahtina as specified in Subsection J.. below: e. The location of proposed bicycle spaces: f. The amount of cross floor area applicable to the parkina reauirements for the proposed use: and a. The location and dimensions of off-street loadinc areas. if any. 2. A Parkina Study. for other than sinale family developments. with maps and a' narrative depictina proiected parkina impacts. includinc. but not limited to: proiected peak parkina demand: an analysis of peak demand compared to proposed on-site and off-site supplv: potential impacts to the on-street parkina system and adiacent land uses: and proposed mitiaation measures. J. An On-site Liahtinc Plan depictinc the location. orientation. and maximum heiaht of all proposed exterior liaht fixtures. both free standina and attached. The liahtina plan shall also detail the tvpe and extent of shieldina. K. . A Public Riaht-of-Way/EasemenUPublic Place Map depictina the reservation. dedication. or use of the proposed Master Plan site for public purposes. includina. but not limited to: riahts-of-way showina the name and location of all existina and proposed public and private streets within or on the boundarv of the proposed Master Plan site. 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 proposed sidewalks: pedestrian access ways and trails: proposed easements: existina easements: parks: open spaces. includina plazas: transit facilities: and school sites. M. A Phasina Plan. Phasina shall proaress in a seauence that provides street connectivity . - betWeen the'ita'rious 'tiases and accommodates other re uired ublic im rovements such '.. ' " as wastewater!facilities . stormwater mana ement electricit a r. 'n Plan shall consist of ma s and a narrative with an overall sche f D ':-~;'l'" :. t". 1: j r l _.,1 t".' ,; AUG 222008 13 1 .~:(~. ",; By: 6(( . .. loff-site phasina includina. but not limited to: the type. location and timina of proposed uses. includina buildina pads/envelopes: proposed public facilities includina on-Ioff-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 proposed financial auarantee to ensure planned infrastructure improvements will occur with each phase or when reauired by the City. affected local aaency 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 deyelopment (where a residential subdivision is proposed. the statement shall also include the applicant's intentions whether the applicant or others will construct the homes); and the relationship of pedestrian and bicycle connectivity and open space reauirements to the proposed phasina. N. Neiahborhood Meetina Minutes. The applicant shall submit minutes of the Neiahborhood Meetina specified in Section 5.13-117. . O. A COpy of all proposed and any existina covenants. conditions. and restrictions that may control development. if applicable. P. Annexation. A aeneral schedule of proposed annexation consistent with the phasina plan. if applicable. Q. The Director may reauire additional information necessary to evaluate the proposed development. includina. but not limited to a: 1. ESEE analysis; 2. Wetland delineation approved by the Oreaon Department of State Lands shall be submitted concurrently with the Preliminary Master Plan application. where there is a wetland on the proposed Master Plan site; and 3. Historical andlor archaeoloaical studies. R. Any 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 criteria are clearer. For example, criterion 5.13-125 B. 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 approved. or approved with conditions. if the Approval Authority finds that the proposal conforms with all of the applicable approval criteria. , .- I .~;.pff~hrh1..7... /q;d!&~;.$.~~;;~~~~:~a~b~:;;~~':" ::~::;~:)~1a~a~"1l::J7,"\. 'j '1 'an.d/or tlje;"r;orrf/ct;;.deslgnatlon IS already In place. Therefore, ;a~ 'iCJ'~I~it . ~ 'M~trd' Pian iJ6liCy as:'h/Iri 'Of the Master Plan review orocess. AUG 22 Z008 By: bK -'1"" c ,', -u ";111\,' "Ii (. ..\....., J " . ,'-,!: . " ~ ~., ~ I' .1 ;, 14 . . A. PlanlZone consistency. The existino or proposed zonino shall be consistent with the Metro Plan diaoram and/or applicable text. In addition. the Preliminary Master Plan shall be in compliance with applicable City Refinement Plan. Conceptual Development Plan or Plan District standards. policies and/or diaoram and maps. Commentary. This criterion specifically refers to "all applicable standards of the zoning district" which include building height, setbacks, specific design standards, etc. B. Zonino district standards. The Preliminary Master Plan shall be in compliance with applicable standards of the specific zoninQ district and/or overlay 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 system capacity. With the addition of traffic from the proposed development. there is either sufficient capacity in the City's existino transportation system to accommodate the development proposed in all future phases or there will be ade~uate capacity by the time each phase of development is completed. Adopted State and/or local mobility standards. as applicable. shall be used to determine transportation system capacity. The Preliminary Master Plan shall also comply with any conditions of approval from a Metro Plan diaoram and/or text amendment reQardino 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 apply to specific transportation issues. D. Parkino. Parkino areas have been desioned to: facilitate traffic safety and avoid conoestion: provide bicycle and pedestrian connectivity within the properlY and to nearby transit stops and public areas. The Preliminary Master Plan shall also comply with all applicable vehicular and bicycle parkino 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. Inoress-eoress. Inoress-eoress points have been desioned to: facilitate traffic safety and avoid conoestion: provide bicycle and pedestrian connectivity within the properlY and to adiacent residential areas. transit stops. neiohborhood activity centers. and cOmmercial. industrial and public areas: and minimize driveways on arterial and collector streets as specified in this Code or other applicable City and Statereoulations. The Preliminary Master Plan shall also comply with all applicable inoress/eoress standards specified in SDC Chapter 4. Commentary. This criterion refers to current standards in SDC Chapters 4 and 5 that apply to . specific utility issues. F. ".'r., ,. .1.<,;.. , , :..~.;'I . '/ ~';-#': AUG 222008 By: Gt1 15 . . capacity issues. The Preliminary Master Plan shall also comply with applicable utility standards specified 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 physical features. Physical features. includina but not limited to slopes 15 percent or areater with unstable soil or aeoloaic conditions. areas with susceptibility to f1oodina. sianificant clusters of trees and shrubs. watercourses shown on the Water Quality Limited Watercourses (WQLW) Map and their associated riparian areas. wetlands. rock outcroppinasand open spaces 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 Preliminary Master Plan shall also comply with applicable physical feature protection standards specified in SDC Chapter 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 coni unction with. or prior to each phase. or there are appropriate financial auarantees to ensure the phased construction will occur: and explain the timina of construction and maintenance. and identify the party responsible for financina and constructinaand maintainina each phase. Commentary. Compatibility and mitigation criteria are specifically addressed. I. Adiacent use protection. The proposed Preliminary Master Plan contains desian. landscapina/screenina. parkinaltraffic manaaement and multi-modal transportation elements that limit andlor mitiaate identified conflicts between the property and adiacent uses. J. Mitiaation of off-site impacts. Potential off-site impacts includina. but not limited to noise. shadina. alare. Litility capacity and traffic. have been identified and mitiaated. I 5.13-130 Preliminary Master Plan - Conditions The Approval Authority may attach reasonable conditions to minimize identified on-site conflicts and impacts on surroundina properties raised durina the public hearina process as identified by staff or this Code to ensure that the proposed development can fully meet the criteria of Section 5.13-125. Certain conditions may reauire an adeauate financial auarantee in a form acceptable to the City to ensure compliance. I 5.13-131 Final Master Plan - Review Commentary. Currently, there is no formalized "Final" Master Plan process; it's implied by past practice. This Section establishes the "Finar' Master Plan review process. ..' ";;A J';[naI.MasterPlan<a . lication shall be reviewed underT e I roced "'. .', Directordete'riTlines'theaoolication is not in substantial compliance wit . .~-..;. 0..;,;'1 f" ".,-: ",,')"-'j t,'''''', AUG 222008 By: GK Iii "'j".,-.f"lf \ h' . !If 1,1 t..1 . . JI_' '. . . Plan approval as specified in Sections 5.13-125 and 5.13-130. the Final Master Plan shall be reviewed under Tvpe II procedure. [ 5.13.132 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 Approval, the applicant shall submit the Final Master Plan. The Final Master Plan shall incorporate all Approval Authority conditions of approval. The Final Master Plan application shall include: 1. A narrative that lists the conditions of apprOlial, explains how each condition is met and references the applicable Preliminary Master Plan maps. diaqrams or plan sheets that require revision; 2. The specific maps. diaqrams. plan sheets or other documents that require revision; and 3. Any other information that may be required by the Director. EXCEPTION: The applicant may request an extension of the Final Master Plan submittal for UP to one additional Year. The applicant shall submit the request in writinq to the Director no later than 30 days prior to the expiration of the Preliminary Master Plan Approval. . The applicant shall explain why the request is necessary and demonstrate how the Final Master Plan application will be submitted within the requested extension time line. The Director may qrant or amend the extension request upon determininq that the applicant is makinq proqress on the Final Master Plan application. , 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 application. as specified in Section 5.1-120.C.. is required prior to the formal 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 qrant Final Master Plan approval upon findinq that: 1. The Final Master Plan substantially conforms to the provisions of the Preliminary Master Plan approval: and 2. All approval conditions have been met or can be quaranteed to be met. ... . -j;~ i] r . .,~'~- -..;:". L. -'n ......... . .' comme,n;ta,ry.;;:?la~i2.Jl."r.vgr:!t, of the cost and difficulty of recording the Final Master Plate> regulatiohs'are CU!T,en..t!Y!.,'f/itten. The recordation of a Memorarfll!!1ErgFi!lI mflPJ't ~ approval wilMeduce costs to the applicant. n [:. V u::.1 V I"lflfl'" ~ n,l ... J~,L;... ~ "j Ii... 'd... AUG 22 Z008 GK ir ,1,t" ..~ _ -. -r 1"-::1 , 17 By: . .. B. Recordation. The applicant shall record a Memorandum of Final Master Plan approval in a. format approved bv the City Attomev and anv other reauired documents at Lane Countv Deeds and Records and retum a recorded copv of all applicable documents to the Development Services Department. C. Effective Date. 1. Final Master Plan approval is effective on the date of recordation for not more than 7 vears. unless modified as specified 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 permitted 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 anv interest in the real property within the Final Master Plan boundary. shall be bound by the terms and conditions of approval of the Final Master Plan and the provisions of this Section. I 5.13-134 Final Master Plan - PhasinCllmDlementation 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. includina Subdivision or Site Plan Review applications. 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 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 Site Plan Review application that implements any phase of the approved Final Master Plan shall be reviewed for compliance' with the followina criteria durina the Pre-Submittal Meetina application process as specified in Section 5.1-120.C.: 1. Final Master Plan approval and: 2. The specific Final Master Plan conditions of approval that apply to the proposed application. . I 5.13-135 Final Master Plan - Modifications 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. ~._;,> .~~ J. i: ,..,~;~ ""t :'.;~': ,,......-., A r6 osed FinarMaster.Ph3'n modification shall be described belOW>;', .~ -= ~ '1.,)/' , ,..,., .")i !'! <rr ,.'1"..... r~. '..J ,..: 11"~ ~~i '~..w-' Lx :1~ j: 1', rocessed und D ~ :';n~ .Q (~ ,:"I'll.) . '.. ~ ~ . '. t \J . AUG 222008 cK 18 .. ",'., \~i' ,:~ ~ .... .L ~ . By: . . 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 phasina beyond the approved time limit for the phased development when the proposed 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 limit 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 proaress in the implementation of the Final Master Plan and public , services and public facilities remain available. the time line extension will be aranted: 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 , 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. B. The followina modifications to the Final Master Plan shall be processed under Type II procedure, unless the Director determines that the proposed modification may have potential impacts on public facilities and/or 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 zoninq district: 2. By the applicant or City for a chanqe to the size. location or capacity of public facilities: 3. By the applicant to alter sianificant natural resources, wetlands, riparian area. open space areas. archaeoloqic and historic features beyond the scope of the approved Final Master Plan: 4. By the applicant for 10 percent or areater increases in the overall commercial. industrial or public floor area or the number of dwellinq units: 5. By the applicant for increases or decreases in the amount of approved or required parkinq by a factor of 10 percent or areater. The applicant shall provide a new , ,.,." ',\ ,";" ~"l <".~parkinQanalysis related to the proposal;, " t, V. /; r~ I:'. .~" ~1 ,'1!4_., " ,l..:~:'. I .; C!:<'t'i i~ i.t U "/ I, (, r. l' ., IJ I ~,d C"'; \: II '6;.J '>.,:,-Bthe a licant for a Zonin Ma amendment or ~~ r"'I"S (, \' "IU' CUi '"" (.i :... , c~g~~! ,- \1".'1 AUG 222008 By: GK 19 . .. 7. Bv the applicant to re-alion or chanoe the functional classification of arterial. collector or local streets: 8. Bv the applicani 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 re~uired. In all cases. the applicant shall provide a Traffic Impact Analvsis supportino the proposal: 9, Bv the Citv or the applicant when essential public infrastructure Cannot be provided: 10. Bv the applicant for extension of the Final Master Plan time limit bevond the maximum approved time limit of 7 vears or the extension permitted in Subsection B.3.. above. In no case shall the extension exceed 15 vears from the date of Final Master Plan approval as specified in Subsection 5.13-133.C. An extension re~uest shall be filed in writino with the Director at least 60 davs prior to the expiration of the initial 7 vear period or anv subseouentlv approved extensions. The time line extension will be qranted provided the applicant has made reasonable prooress in the implementation of the Final Master Plan and public services and facilities remain available: 11. Bv the applicant for a chanoe to the approved Final Master Plan boundary: 12. Bv the applicant for a chanoe in location of a primary 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 anv modification within this cateoorv. if the Director determines that previous modifications and the proposed modification sionificantlv impact the approved Final Master Plan. the applicant mav be reouired to submit 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 followinci: 1. Anv applicable Preliminarv Master Plan criteria of approval specified in Section 5.13"125: and ~;j"'..,v~; ~",prol:lose~_ modification. V ED .' _"t';:;;...;.~.,:~ ,:..; _",.~";:'.,... :i~:;"'~~ot. --It.:k~"'tll ' ',.. t1 -'~"i1 1;',/ .'j ;;',,'.~~J __' ~ -'I \. comni~JtarY",Thj~".S~~~~tic~n adds specific situations where additional PlanniEeG"i!'2'ofi8 Fmal Master Plan modifications IS not necessary. "'Jr- i> . :\1 ..~., :Ji :11 t.~ ... " By: GK , 't-":::1 .,. .. .' I _..' ~, . 20 . . D. The followinQ modifications to the Final Master Plan do not require subseauent land use review and are allowed upon issuance of a buildina permit. if required: 1. Buildina interior improvements: 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: andlor 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 ADDlicant 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 line 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 line extension. A. Assurances to the applicant: 1. The applicant is entitled to rely 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 limit. with a sinale 3 year extension. EXCEPTION: Any 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 applicant shall have the riaht to proceed with development as lona as it is in substantial compliance with the Final Master Plan and other reauired approvals and permits. subiect to any modifications as may be approved as specified in Section 5.13-135. Comme~~ry. .Th\esl!~ub:;~pt~olJs. ~J?P'~ar in other Sections of the current SOC. I . t' :;;, .l ,: '. :";".\. ;... ..;:<;.;:.,1 '.\ _li . I I t,1 ? , . ~ City.Disclaim'ers:, , ,,(i c - ,\ , ' ;;:tJ..'~~{~"."i "~.;";;-'l'''''''''). "'1. . , " The citY "shall not be reauired to approve development of any phase described in the Final Master Plan if the a roval violates a Iicabl e I at administrative rules. B. AUG 22 Z008 21 By: eK . . 2. The City shall not be obliaated to provide public improvements affectina implementation of the Final Master Plan if public funds are not available. RECEIVED -. ~1'~ ~ '.:';;J ~".f:)", ~~f,.. ra.-:;iil .....to; ~ I. '; .,. 1 . .... . . ~.r '. "'';'' I ~ .... (. . ~",..l;'\. ti :t'::,..' 9. ~ ~ 'If \ {J:) -Ii f'r-:,i . - . ... ... ).' f ,- _4 ~.' .-....1: AUG 22 Z008 By: GK ~:;1'1~ ,.,:" ~ it, -.. , " , 22 - :' f'- ~~!: