A. Purpose.
1. The Master Plan procedure is optional and provides a mechanism for review of large or complex development projects and provides the ability to obtain preliminary approval of a development concept before substantial technical work has been undertaken.
B. Applicability.
1. This Section applies to all applications for Master Plan approval. Master Plan approval is not required; however, an application may be submitted if at least one of the following criteria is met:
a. The site includes a contiguous area of at least five (5) acres;
b. The development contains at least fifty thousand (50,000) square feet of nonresidential gross floor area;
c. The development contains at least one hundred (100) dwelling units.
2. Applications are subject to the common procedures identified in
Article II: Common Procedures unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in
Article II: Common Procedures and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Preapplication Meetings.
3. Application Submission And Handling.
4. Staff Review And Action.
a. The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with
Section 405.050: Staff Review And Action.
5. Notice And Public Hearings.
6. Review And Decision-Making Bodies.
(1) The Master Plan is consistent with the general purpose and intent of this Code;
(2) The proposed land uses, densities and intensities are consistent with the Comprehensive Plan and applicable zoning districts;
(3) The existing utilities and infrastructure, including but not limited to streets, water, sanitary and storm sewers, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable;
(4) The proposed development is consistent with the dimensional, design, development, and all other standards of this Code; and
(5) The proposed development provides adequate mitigation for anticipated adverse impacts to surrounding neighborhoods and the City.
7. Post-Decision Actions And Limitations.
(1) Effect Of Approval.
(a) Approval of a Master Plan constitutes acceptance of the overall planning concepts and development parameters and authorizes the subsequent submittal of applications for preliminary plats (
Section 405.120: Preliminary Plat), site plans (
Section 405.160: Site Plan), and special use permits (
Section 405.170: Special Use Permit). It does not authorize specific development activity.
(b) All subsequent site plans and preliminary plats shall only be approved if they are consistent with the approved Master Plan. Applications for preliminary plats or site plans which deviate from the approved Master Plan may be approved without amending the approved Master Plan if the Community Development Director determines that the proposed development:
i. Does not increase residential density;
ii. Does not increase nonresidential floor area;
iii. Does not increase the amount of land devoted to nonresidential uses;
iv. Is consistent with the Comprehensive Plan;
v. Complies with all applicable standards of this Code;
vi. Complies with all applicable original conditions of approval; and
vii. Would not result in significant change to the development's general function, form, intensity, character, demand on public facilities, and impact on adjacent properties.
(2) Expiration Of Approval. An approved Master Plan shall expire two (2) years after the date of final approval unless:
i. Within one (1) year of approval of a preliminary plat or site plan for the first phase of the development, an application for preliminary plat or site plan must be approved for the next phase, continuing with each successive phase, until preliminary plats or site plans have been approved for all the land subject to the original Master Plan.
ii. If the applicant fails to receive approval for a preliminary plat or site plan for any phase of the development within the prescribed period, or within any extension granted pursuant to
Section 405.080: Post-Decision Actions And Limitations, the original Master Plan shall expire for that phase and for all other phases for which a preliminary plat or site plan has not been approved or no longer remains in effect on the date of expiration.
iii. If an approved preliminary plat or site plan expires, the Master Plan for that phase shall also expire, and all other phases for which a preliminary plat or site plan has not been approved or is not pending approval, or has lapsed subsequent to approval, on the date of expiration.
(3) Amendments.
(a) Minor amendments to an approved Master Plan may be approved by the Community Development Director, provided that the Director determines that the following criteria have been met:
i. Does not increase residential density;
ii. Does not increase nonresidential floor area;
iii. Does not increase the amount of land devoted to nonresidential uses;
iv. Is consistent with the Comprehensive Plan;
v. Complies with all applicable standards of this Code;
vi. Complies with all applicable original conditions of approval; and
vii. Would not result in significant change to the development's general function, form, intensity, character, demand on public facilities, and impact on adjacent properties.
(b) All amendments to Master Plans that do not qualify as minor amendments under Subsection (C)(7)(a) shall be processed as a new application subject to the same procedures and requirements for the original application.
