Chapter 17.428
MASTER PLANNING REQUIREMENTS FOR THE ULID #6/McCORMICK WOODS SUB-AREA
Sections:
17.428.010 Applicability.
17.428.020 Purpose.
17.428.030 Permitted density.
17.428.040 Uses.
17.428.050 Review and approval process.
17.428.060 Additional submittal requirements.
17.428.070 Development standards.
17.428.080 Design criteria.
17.428.090 Decision criteria.
17.428.100 Amendments.
17.428.110 Duration of approval.
17.428.120 Amendment of master plans.
17.428.010 Applicability.
The following master plan provisions apply to all zoning districts located within the ULID #6 Sub-Area. Prior to new development within each zone within the sub-area, a master plan shall be prepared for the entirety of the relevant zoning district; provided, that the director may decrease the area within the sub-area that will be included in the master plan upon making a written finding that doing so will not adversely effect the provision of a coordinated system of open space, parks, recreational areas, transportation improvements and water and wastewater facilities within the entirety of the zone. Such master plans shall be subject to the requirements of this section. Provided, a master plan shall not be required for new development in a portion of the sub-area which has already been master planned as part of a prior development proposal if the new development proposal is substantially consistent with the previously approved master plan. Conceptual master planning may also be required for adjacent zones, but only to the extent necessary to meet the sub-area plan requirements for a comprehensive and coordinated system of open space, parks, recreational areas, transportation improvements and water and wastewater facilities.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.020 Purpose.
The general purpose of this section is to provide for development that is consistent with the ULID #6 Sub-Area Plan. Further purposes include:
A. To encourage the comprehensive development of land within zoning districts as a single unit while allowing multiple phased development.
B. To provide greater flexibility and, consequently, more creative and imaginative design than generally is possible under conventional zoning regulations. Master planning promotes more economical and efficient use of the land by providing coordination of necessary infrastructure, site amenities, and protection of open space and natural systems.
C. To promote more economical and efficient use of land, while providing a development that is compatible with the environmental constraints of the land, critical areas, transportation corridors, community needs and market conditions.
D. To encourage clustering of appropriate densities of residential housing in areas suitable for such development, while simultaneously providing a high level of protection for wetlands, streams and wildlife habitat areas.
E. To foster a development pattern that results in the design and construction of an interconnected system of pedestrian and bicycle trails and facilities linking residential neighborhoods with open spaces, recreational areas, transportation corridors and retail and employment opportunities.
F. To foster a development pattern offering direct, convenient pedestrian, bicycle, and vehicular access between residences and businesses, in order to facilitate pedestrian and bicycle travel and reduce the number and length of automobile trips.
G. To promote a compact growth pattern to efficiently use developable land within the unincorporated UGA, to enable the cost-
effective extension of utilities, services and streets, to enable frequent and efficient transit service, and to help sustain neighborhood businesses.
H. To foster the development of mixed-use areas that are arranged scaled and designed to be compatible with surrounding land.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.030 Permitted density.
Densities shall be consistent with the underlying zone.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.040 Uses.
The uses shall be the same as those permitted within the underlying zone. In developments encompassing more than one zone, the uses permitted shall be allowed in the same proportion as the area in each zone.
(Ord. 367 (2006) § 112, 2006: Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.050 Review and approval process.
A. A proposed master plan shall be processed as a Type III development application under Section 21.04.080 of this code. The master plan will require a Pre-application meeting, as described at Section 21.04.040. After the applicant has received the summary letter from the pre-application meeting, the following process shall apply:
1. An application for master plan scoping, together with a SEPA checklist, shall be submitted by the applicant to the department.
2. A master plan scoping conference will be held between the department and the applicant to identify the required components of the master plan; to determine the assumptions and standards to be applied in the plan; and to identify existing information and analyses which may be used in the master plan process together with any site-specific issues of concern. The applicant will provide preliminary project information to the extent required to complete the scoping process.
3. Within thirty days of the scoping conference, a written Scoping Summary Notice will be mailed to the applicant. This notice will include a summary of overall scoping conclusions and a review of elements necessary for an application for a master plan and will direct the applicant to proceed with development of the master plan. The Scoping Summary Notice will also describe the level of environmental review needed for the master plan, which may include a SEPA threshold determination. Upon receipt of the Scoping Summary Notice, the applicant will return a signed copy to the department.
4. The applicant shall be responsible for all analysis and planning involved in the preparation of a completed master plan and any additional environmental documentation that may be required. Upon completion of the master plan, the applicant shall submit an application for master plan approval. Within forty-five days of such application, and in order to ensure that all master plan requirements have been addressed, the department will issue a notice declaring the master plan application to be complete or incomplete, using the procedure described in Section 21.04.050 of this code.
5. Upon determination that the master plan application is complete and ready for review, the department will complete a technical review of the master plan, complete any required SEPA process, and act on the application in accordance with the procedures and time lines of Section 21.04.080 for a Type III application. Approval of a master plan shall be subject to the appeal procedures set forth for such Type III decisions in Section 21.04.120.
6. Following hearing examiner approval of a master plan and resolution of any appeal(s), development activity pursuant to each master plan shall be reviewed and approved subject to Kitsap County site development, building, and related permits only. No additional land use permitting will be required, provided such development is consistent with the approved master plan.
B. Plat/Binding Site Plan Approval – Merger with Master Plan. A master plan application must be processed with an application for a subdivision or binding site plan under Title 16 (Land Divisions) of this code. Other applications for project approval may be submitted simultaneously, and processed concurrently, with applications for master plan approval.
C. Engineering, Design Review and Building Permits. No building permit shall be approved unless it complies with the use limitations, standards and design concepts and guidelines contained in the applicable master plan. Any conditions of master plan, land use, preliminary or final plat, or binding site plan approval will constitute a limitation on the use and design of the site, and any permit for improvements or structures may be issued only if consistent with the approved master plan and project approval.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.060 Additional submittal requirements.
Master plans submitted for areas governed by the ULID #6 Sub-Area Plan shall include the following, in addition to the master plan submittal requirements found within Section 17.428.050, above:
A. The legal description and property tax account number(s) of the property subject to the proposed master plan.
B. A complete and detailed written statement of the intended use(s) of the land, and the sequence and timing of proposed development. The statement shall include the following:
1. The acreage contained within the proposed master plan, the minimum and maximum number of lots and/or dwelling units being proposed, and the minimum and maximum density of lots and/or dwelling units per acre of land.
2. The maximum and minimum lot sizes.
3. The acreage of common open space (including figures for active and passive open space) to be contained in the master plan and the percentage each represents of the total area.
4. The proposed maximum total square footage of nonresidential construction.
5. The height, setbacks, building and development coverage.
6. A plan for the phasing of on and off-site public-street and transportation facilities (e.g., sidewalks, bike and pedestrian trails and paths, bus stops, street lights, traffic signals, utilities or improvements of adjacent streets) consistent with Titles 18 and 19 of this code, supported by a transportation analysis prepared in accordance with the following criteria:
a. The analysis shall include all Kitsap County traffic analysis zones, as defined pursuant to subsection (19) of Section 20.04.020 of this code, in which any portion of the development site is located. The director of public works may waive the requirement for analysis of any area that will not be affected by the road system needed to serve the development site. The director of public works may also require analysis of arterials located outside the affected Kitsap County traffic analysis zones if the director determines that development in the master plan area may generate the need for traffic mitigation measures on such arterials. The analysis shall be referred to the Washington State Department of Transportation for review and comment if the proposed development is likely to affect traffic on state highways.
b. The analysis shall identify a multi-modal circulation and access plan identifying transportation infrastructure improvements, including changes to existing roads, new roads, transit service and non-motorized transportation facilities which are necessary to provide transportation service to the area being master planned, assuming full build-out of the master plan area and the Kitsap County traffic analysis zones in which any portion of the development site is located, based on the levels of development permitted. This analysis shall include a capacity analysis of existing facilities and identify improvements and extensions needed to serve the affected areas at full build-out. The transportation analysis shall include a transportation demand management plan (TDMP) for the area and identify how the TDMP coordinates with other TDMPs in the vicinity of the development. The TDMPs shall generally be selected from the following potential TDM strategies, as appropriate to the potential uses and the anticipated demand for such services in the master plan area:
i. Provision of preferential parking for carpools and vanpools; bicycle parking facilities, changing areas/showers for employees who walk or bike to work;
ii. Provision of commuter ride-matching services to facilitate employee ridesharing;
iii. Provision of subsidies for transit fares, carpooling and/or vanpooling;
iv. Alternate work schedules/flex time;
v. On-site amenities such as cafeterias and restaurants, ATMs and other services that would eliminate the need for additional trips;
vi. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities;
vii. Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care and emergency ride home service; and
viii. Employers or owners of worksites may form or utilize existing transportation management associations to assist members in developing and implementing transportation demand management plans.
c. The transportation analysis shall identify any feasible alternatives for providing transportation service in the affected areas:
i. The transportation analysis shall identify potential methods for funding the design and construction of the system improvements needed to serve the affected areas at full build-out.
ii. The transportation analysis may provide for phased implementation of the identified improvements, provided that no development subject to master planning requirements shall be approved until funding is approved in the TIP or a commitment is in place to provide developer improvements identified by the transportation analysis within the time deadlines set forth in subsection (8) of Section 20.04.020. All improvements shall meet the adopted concurrency standards of Kitsap County, as set forth in Chapter 20.04.
iii. The transportation analysis shall include appropriate trip generation analyses, trip distribution analyses, and level of service analyses. The director of public works shall require the applicant to use standard trip generation rates published by the Institute of Transportation Engineers or other documented information and surveys approved by the department. The director of public works may approve a reduction in generated vehicle trips based on additional information supplied by the applicant, including information related to commute trip reduction programs pursuant to Chapter 20.08 of this code. The calculation of vehicle trip reductions shall be based upon recognized technical information and analytical process that represent current engineering practice. The director of public works shall have final approval of such data, information and technical procedures as are used to develop trip generation analyses, trip distribution analyses, and level of service analyses.
7. A plan for the phasing of street improvements, including road construction, acreage of road area and percentage it represents of the total land area.
8. A plan for the provision of public water service consistent with Titles 16 and 17 of this code, including a statement regarding the availability and planned phasing of water system extensions.
9. A plan for the provision of sanitary sewer service consistent with Titles 13 and 14 of this code, including a statement regarding the method of sewage disposal and the planned phasing of sewer system extensions.
10. As applicable, the proposed design for the multi-family, business park and village center aspects of the project, consistent with adopted Kitsap County design criteria.
11. The proposed method of storm water control, including both water quantity and quality, consistent with Titles 12, 13 and 19 of this code, supported by a storm water analysis prepared in accordance with the following criteria:
a. The storm water analysis shall be based on an approved hydrologic model, as determined by the most recent version of the Kitsap County Storm Water Manual.
b. The storm water analysis shall provide a comprehensive analysis of existing and proposed surface water quantity and quality conditions for all zoning districts in which any portion of the development site is located. The director may waive the requirement for analysis in any zoning district in which the proposed development will not create the need for storm water facilities.
c. The storm water analysis shall assume full build-out of the subject zoning district at levels of development permitted by applicable county regulations in effect at the time of master plan preparation.
d. Specific technical elements of the storm water analysis shall conform to the requirements of the Kitsap County Storm Water Design Manual, as amended.
C. A scale drawing of the property indicating:
1. North point and graphic scale.
2. Boundaries, easements, and ownerships as set forth in the legal description.
3. Topography at appropriate contour intervals.
4. Existing structures and improvements.
5. Existing vegetation, significant trees and vegetated buffers as required by the landscape regulations set forth in Chapter 17.385 (Landscaping Requirements) of this code, and subsection (B)(7) of Section 17.428.070.
6. Watercourses, and other natural features.
7. Lot or land divisions.
8. All proposed improvements, including general building footprints.
9. Sewage disposal system.
10. Storm drainage design.
11. Utilities plans.
12. Existing and proposed circulation system on and off the site, including auto, truck, emergency and transit access and pedestrian and bicycle circulation plans.
13. Landscaping plans, including street trees.
14. Proposed land uses and densities on the subject property.
15. Location and types of dwelling units proposed.
16. All adjacent streets and rights-of-way.
17. Other plans and drawings deemed necessary for evaluation.
D. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets, driveways, and other land features.
E. Phasing schedule; if the master plan is to be developed in phases, the project as a whole shall be portrayed on the master plan.
F. A completed environmental checklist as required by the State Environmental Policy Act, as codified in Chapter 18.04, and any other permit application requirements specified by Title 19 of this code, the Kitsap County Critical Areas Code.
G. The proposed method of insuring permanent retention and maintenance of circulation system, storm drainage system, sewage disposal system, parks, open space, or other common private or public facilities.
H. The director or designee may waive specific submittal requirements determined to be unnecessary for review of an application.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.070 Development standards.
The development standards of the underlying zone shall apply except as provided in the following standards:
A. Modification of Development Standards.
1. The following development standards contained within Title 17 (Kitsap County Zoning Code) may be modified in approving a master plan:
a. Building setbacks.
b. Height of buildings or structures.
c. The number of off-street parking spaces.
d. Minimum lot sizes.
e. Landscaping requirements.
f. Lot widths.
2. Standards that may not be modified or altered through the master plan process are:
a. Standards pertaining to storm water management under Titles 12, 13 and 19 of this code, except as otherwise permitted by the Kitsap County Storm Water Design Manual.
b. Standards pertaining to the provision of sanitary sewer service under Titles 13 and 14 of this code.
c. Standards pertaining to the provision of public water service under Titles 16 and 17 of this code.
d. Standards pertaining to development in critical areas regulated under Title 19, except as otherwise permitted by the Kitsap County Critical Areas Ordinance.
B. A master plan shall provide for the following:
1. A plan for clustering of development consistent with use requirements and densities for the area subject to master planning.
2. A circulation system that supports the area subject to master planning. A road, street, sidewalk, transit, bicycle and pedestrian design plan consistent with the approved ULID #6 Sub-Area Plan shall be proposed for the development and incorporated as a master plan standard and a condition of master plan approval. The system shall include a coordinated plan for the provision of comprehensive and integrated transportation system improvements including roads, streets, sidewalks, pedestrian and bicycle trails and facilities, and transit facilities, showing connections, as appropriate, to adjacent areas within the sub-area and, as appropriate, outside the sub-area. The circulation system may be constructed in phases. Specific requirements also include the following:
a. Public transportation facilities, including road, transit and non-motorized vehicle systems, shall be designed and constructed in accordance with and shall meet the level of service standards set forth in the Kitsap County Comprehensive Plan, and all applicable standards for the design and construction of roads and streets for the agency or agencies with jurisdiction over the particular transportation improvement in effect at the time the master plan is prepared.
b. Any development subject to a master plan shall make provision for such reserved tracts, easements and/or rights-of-way as may be necessary to facilitate extension of transportation facilities identified in the master plan to adjoining properties in the vicinity of the development.
3. A coordinated plan for the provision of comprehensive and integrated urban water and sanitary sewer improvements. The water system or systems shall provide adequate potable water and adequate pressure to meet minimum fire flow standards as required under the applicable fire regulations and standards. The sanitary sewer and water system may be constructed in phases. Specific requirements also include the following:
a. Sanitary Sewer Facilities.
i. Facilities shall be designed in accordance with and shall meet the standards of Chapter 13.12 of this code, as applicable, and the standards for the design and construction of sanitary sewer systems adopted by the appropriate sewer system purveyor and the Washington State Departments of Health and Ecology in effect at the time the master plan is prepared.
ii. Any development subject to a master plan shall make provision for such reserved tracts, easements and/or rights-of-way as may be necessary to facilitate extension of sanitary sewer facilities identified in the master plan to adjoining properties in the vicinity of the development.
b. Public Water System Facilities.
i. Facilities, including transmission and storage systems shall be designed and constructed in accordance with and shall meet the standards of Chapter 13.28 of this code, as applicable, and the standards for the design and construction of public water systems adopted by the water system purveyor and the Washington State Departments of Health and Ecology in effect at the time the master plan is prepared.
ii. Any development subject to a master plan shall make provision for such reserved tracts, easements and/or rights-of-way as may be necessary to facilitate extension of public water facilities identified in the master plan to adjoining properties in the vicinity of the development.
4. Storm drainage management shall be planned for the area subject to master planning. The system shall meet the county standards for storm water management. The storm drainage plan may be constructed in phases. Specific requirements also include the following:
a. Storm water control facilities, including both flow control and water quality systems, shall be designed in accordance with and shall meet the standards of Title 19 (Kitsap County Critical Areas Code) and Title 12 (Kitsap County Storm Water Management Ordinance).
b. Any development subject to a master plan shall make provision for such reserved tracts, easements and/or rights-of-way as may be necessary to facilitate extension of storm water control facilities identified in the master plan to adjoining properties in the vicinity of the development.
5. Critical areas shall be protected for the area subject to master planning. Protection measures which meet the standards of Title 19 (Kitsap County Critical Areas Code) of this code shall be included in a sensitive areas and open space plan for the master plan.
6. Open space, parks and recreational areas shall be planned for the area subject to master planning. The system shall include a coordinated plan for the provision of a comprehensive, interconnected and integrated network of parks, open space and recreational areas, showing connections, as appropriate, to adjacent areas within the sub-area and, as appropriate, outside the sub-area. Such areas may be constructed in phases. Specific requirements also include the following:
a. Common Open Space.
i. The common open space shall be at least fifteen percent of the total zone district subject to the master plan, and be designed as an integrated part of the project rather than an isolated element;
ii. Common open space containing environmentally sensitive areas designated and regulated under Title 19 shall be left unimproved;
iii. When possible, open space shall be located so as to connect wetlands, drainage corridors, and valuable habitats to other areas with development constraints, allowing such open space areas to function as urban wildlife corridors;
iv. Common open space shall be permanently maintained by and conveyed to one of the following: (1) a homeowner’s or lot owner’s association, as applicable, that agrees to maintain the common open space and any buildings, structures, or other improvements which have been placed on it; or (2) a private non-profit conservation trust or similar entity approved by the county with a demonstrated capability to carry out the necessary duties; or (3) a public agency that agrees to maintain the common open space and any buildings, structures or other improvements that have been placed on it;
v. No common open space may be altered or used in a way which is inconsistent with the master plan unless the master plan is first amended; no change of use or alteration of the common open space shall be considered as a waiver of any covenants limiting the use of the common open space; Kitsap County shall have the right to enforce such covenants against any use permitted;
vi. Pedestrian and bicycle trails and facilities shall be designed to be accessible to people with disabilities as much as the natural characteristics (e.g., topography) of the area will allow, while minimizing the creation of impervious surfaces (e.g., through the use of wooden boardwalks, etc.);
vii. When possible to do so without degrading the environmental functions and values of the area, pedestrian and bicycle trails and facilities shall be located in areas that are important to preserve as open space corridors (e.g., wooded areas, and buffer edges of wetlands and other environmentally sensitive areas); and
viii. When possible, vegetative buffers between residential areas and major arterials, and between single-family and multi-family and nonresidential uses shall be preserved.
b. Active Recreational Open Space. For master plans containing residential development, at least five percent of the common open space shall be developed as active recreational open space, subject to the following conditions:
i. The active recreational open space shall be developed and available for use by residents of the development prior to occupancy of fifty percent of the housing units in the development or phase of development of which the open space is a part; and
ii. The active recreational open space shall be owned and maintained by one of the entities described in subsection (B)(1)(d) of this section and available for use by all residents of the development.
7. Landscaping and screening shall be planned for the entire proposed development. The landscaping shall meet the requirements of Chapter 17.385 (Landscaping Standards) of this code. Landscaping may be constructed in phases. Additionally, vegetated buffers shall be provided between residential areas and major arterials, and between residential areas and the village center and business park zones as necessary to effectively screen incompatible uses.
8. A plan for mixing commercial and residential uses consistent with requirements and densities proposed for the applicable zoning district.
9. As applicable, a plan for the provision of any other necessary public and private facilities, including schools and neighboring shopping and employment areas serving the sub-area.
10. A parking plan consistent with Chapter 17.435 of this code.
11. Any additional relevant information required by the director.
C. Phasing. Each phase shall support the development proposed in that phase by providing the following:
1. Adequate pedestrian, bicycle, vehicular and transit circulation.
2. Sanitary sewer system.
3. Urban water with adequate fire flow.
4. Storm management system.
5. Protection of existing environmental sensitive areas.
6. Adequate open space, parks, recreational areas, landscaping and screening.
D. The maintenance and preservation of commonly owned areas shall be guaranteed for the life of the structures and uses in the master plan through the execution of appropriate assurance devices acceptable to the county.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.080 Design criteria.
All applicable design standards and guidelines for multi-family, business park and urban center development shall apply. The master plan shall include a plan for complying with these design requirements and guidelines.
(Ord. 367 (2006) § 113, 2006: Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.090 Decision criteria.
An application for a master plan permit may be approved or approved with modifications if all of the following requirements, as further set forth in the development standards at Section 17.428.070, above, are met:
A. The master plan demonstrates superior site design by incorporating the following:
1. Provisions for public facilities and/or amenities.
2. Clustering of development, as applicable.
3. Innovative site design that complies with the development and design standards of the master plan and underlying zoning code.
4. Preservation of critical areas, resource areas and natural features.
5. Provision for a coordinated, comprehensive, interconnected and integrated system of parks, open spaces and recreational areas.
6. Placement of structures, circulation systems and utilities that minimizes impervious surface and the alteration of the land and also responds to physical characteristics of the property.
7. Site design that reduces dependency on automobiles by providing for pedestrian, bicycle and transit uses.
B. The master plan complies with each of the applicable design criteria contained in Chapters 17.351 and 17.354, as applicable, which address site orientation, building size, scale and mass, landscaping, fences, signage, lighting, and any other adopted design criteria for urban center, multi-family and business park development.
C. If occurring within the urban village center (UVC) zoning district, the master plan provides appropriate mixing of commercial and residential uses consistent with requirements and densities proposed for the zone.
D. Adequate public services are available, including water, sewer, roads, including access roads, fire and storm drainage. Approval of the master plan should not reduce existing public service levels for surrounding properties below acceptable levels without mitigation measures.
E. The master plan is consistent with the goals and policies of the Comprehensive Plan and the ULID #6 Sub-Area Plan.
F. The master plan complies with all other applicable codes and policies of the county.
G. If development under a master plan will be phased, each phase of a proposed development must contain adequate infrastructure, open space, recreational facilities, landscaping and all other conditions of the master plan to stand alone if no other subsequent phases are developed.
H. The master plan sets forth the terms, conditions, covenants, and agreements regarding the intended development and terms, conditions, covenants, and agreements under which the property is bound.
I. If no reasonable conditions or modifications can be imposed to ensure the application meets the criteria set forth above, then the application shall be denied.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.100 Amendments.
An approved master plan, or subsequent revision thereto, shall be binding as to the general intent and apportionment of land for buildings, sewage disposal, storm management, sensitive area protection, stipulated use, circulation pattern, urban water and landscaping. Amendments that propose to change the character, basic design, building density and intensity, open space or any conditions of approval contained in the master plan shall not be permitted without prior review and recommendation by the hearing examiner, and, if appealed, approval by the Kitsap County board of commissioners. If approved, amendments shall be clearly depicted as a revision to approved plans.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.110 Duration of approval.
The requirements of Section 21.04.110 of this code, “Timelines and Duration of Approval” shall not apply to areas subject to a master plan approved under this chapter. Instead, the following will apply:
A. Master plans approved under this chapter shall be valid for a period of ten years after approval, during which time complete applications for site development and building permits for at least one phase of the project shall be accepted by the department. If the project is to be completed in phases, the first site development activity permit application shall include a phasing plan with a timetable to complete the project within the ten-year du-
ration of the master plan. If the phasing plan is approved, then the timelines in the plan become new deadlines for the submission of subsequent complete applications for site development and building permits for later phases.
B. Approved master plan holders may receive one five-year extension from the hearing examiner in accordance with the criteria below.
1. An extension request must be filed in writing with the director at least sixty days prior to the expiration of the approval period.
2. The applicant must demonstrate to the hearing examiner tangible progress toward completion of the approved master planned development.
3. The applicant must demonstrate to the hearing examiner that there are no significant changes in conditions that would render approval of the extension contrary to the public health, safety or general welfare.
C. The hearing examiner may take either of the following actions upon receipt of a timely extension request:
1. Approve the extension if no significant issues are presented under the criteria set forth in this section.
2. Conditionally approve the extension if any significant issues presented are substantially mitigated by minor revisions to the original master plan.
3. Deny the extension if any significant issues presented cannot be substantially mitigated by minor revisions to the approved master plan.
D. A request for extension shall be processed as a Type III action.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)
17.428.120 Amendment of master plans.
Master plans may be amended or changed by the hearing examiner in accordance with the criteria below.
A. The applicant must have approval of all parties to the existing master plan.
B. The amended master plan must conform to all requirements of the chapter.
C. The applicant must demonstrate to the hearing examiner that there are no significant changes in conditions that would render approval of the amendment contrary to the public health, safety or general welfare. D. An amendment request must include a revised phasing plan. E. The amendment itself will not extend the duration of the original master plan.
F. The hearing examiner may take any of the following actions upon receipt of an amendment:
1. Approve the amendment if no significant issues are presented under the criteria set forth in this section;
2. Conditionally approve the amendment if any significant issues presented are substantially mitigated by minor revisions to the original master plan: or
3. Deny the amendment if any significant issues presented cannot be substantially mitigated by minor revisions to the approved master plan.
G. A request for amendment shall be processed as a Type III action.
(Ord. 311 (2003) [Attachment 7 (part)], 2003)