(A)
A Master Plan allows phasing the development of a specific property
over several years.
(B)
The purpose of a Master Plan is to:
(1)
Facilitate the review of multi-phased developments that are desired
to be constructed over a 3 to 7 year period and ensure that individual
phases will be coordinated with each other over the duration of the
Final Master Plan;
(2)
Ensure that a full range 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)
Determine specific land uses, a range of minimum to maximum square
footage of non-residential uses and a range of minimum to maximum
densities of residential uses, the arrangement of uses, and the location
of public facilities and transportation systems;
(4)
Identify, during the public review process, potential impacts, including,
but not limited to noise, shading, glare, utility capacity and traffic
and consider alternatives for mitigating these impacts to affected
properties and/or public facilities;
(5)
Provide the property owner an opportunity for the concurrent review
of discretionary land use decisions; and
(6)
Provide the property owner with the assurance needed over the long
term to plan for and execute the proposed development.
(6238)
(A)
Approval of a Master Plan is a 2-step process that includes a Preliminary
Master Plan application and a Final Master Plan application. This
process applies when the following criteria are met:
(1)
The property is under single ownership; or if the property has multiple
owners, all owners of record consent in writing to the Master Plan
review process; and
(2)
The property is 5 acres or greater and the applicant desires development
to be phased over a period not to exceed 7 years, unless modified
as specified in SDC 5.13.135.
EXCEPTION: The Director may allow an exception
to the 5-acre minimum, if the applicant requests phasing for more
than 3 years.
(B)
A Master Plan may include public, commercial, industrial or residential
development, or any combination thereof.
(6238)
(A)
The Preliminary Master Plan shall be reviewed under Type 2 procedure.
EXCEPTIONS: The Preliminary Master Plan shall be
reviewed under Type 3 procedure if:
(B)
Prior to the submittal of a Preliminary Master Plan application:
(1)
A Pre-Application Report application, as specified in SDC 5.1.120(B),
is required prior to the formal submittal of the Preliminary Master
Plan application.
(2)
A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C),
is required prior to the formal submittal of the Preliminary Master
Plan application.
(6238)
(A)
If the applicant requires or proposes to change the Springfield Comprehensive
Plan Map and/or applicable Comprehensive Plan text, the applicant
must apply for and obtain approval of a Springfield Comprehensive
Plan Map and/or Comprehensive Plan text amendment prior to the submittal
of the Preliminary Master Plan application. The Map and/or text amendment
may also require amendment of an applicable refinement plan diagram
or Plan District Map.
(B)
The Preliminary Master Plan may be reviewed concurrently with other
Type 3 applications including a Zoning Map amendment, Discretionary
Use, Major Variance, or a Willamette Greenway Permit application.
(C)
Subdivision and/or Site Plan applications that initiate the various
phases of proposed development shall not be submitted concurrently
with the Preliminary Master Plan. These applications shall not be
submitted until Final Master Plan approval is effective, as specified
in SDC 5.13.133.
(6238; 6463)
To provide the opportunity for early citizen involvement in
the Master Plan review process, the applicant shall provide notice
and invite citizen participation by initiating a Neighborhood Meeting.
The meeting shall be scheduled after receipt of staff’s response
to the Pre-Application Report application required in SDC 5.13.115(B)(1),
and prior to the formal submittal of a Preliminary Master Plan application.
The meeting is not intended to produce complete consensus on all applications.
It is intended to encourage applicants to be good neighbors. The applicant
shall be responsible for scheduling and organizing the meeting, arranging
the meeting place, notice and all related costs. City staff will attend
the neighborhood meeting in an advisory capacity to answer questions.
The notice shall provide a brief description of the proposal and shall
be mailed to those property owners and residents within 300 feet of
the proposed development. The meeting may be held in any public or
private building capable of accommodating the proceeding. The building
selected should be in the vicinity of the proposed development. The
applicant shall submit a summary of the questions raised and responses
made at this meeting with the Preliminary Master Plan application
as required in SDC 5.13.120(N).
(6238)
The Preliminary and Final Master Plan applications shall be
prepared by a professional design team. The applicant shall select
a project coordinator. All related maps, excluding vicinity and detail
maps, must be at the same scale. A Preliminary Master Plan must contain
all of the elements necessary to demonstrate compliance with the applicable
provisions of this code and must include, but not be limited to:
(A)
General Submittal Requirements. The applicant shall submit a Preliminary
Master Plan that includes all applicable elements described below
and a narrative generally describing the purpose and operational characteristics
of the proposed development. The narrative must include:
(1)
The existing Springfield Comprehensive Plan designation and land
use district. Where the proposed Master Plan site is within an overlay
district, Plan District or Refinement Plan, the applicable additional
standards must also be addressed;
(2)
The location and proposed number of residential units and/or square
footage of commercial, industrial and/or public uses;
(3)
The density or intensity of proposed uses, including applicable Floor
Area Ratios (FARs); and
(4)
The applicant shall attach:
(a)
A map depicting existing zoning and land uses within 300 feet
of the proposed Master Plan boundary;
(b)
A Vicinity Map drawn to scale depicting existing bus stops,
streets, driveways, pedestrian connections, fire hydrants and other
transportation/fire access issues within 300 feet of the proposed
Master Plan site; and
(c)
A legal description of the property within the proposed Master
Plan boundary.
(B)
A Site Assessment of the entire proposed Master Plan site that precisely
maps and delineates the existing conditions on the site. Proposed
modifications to physical features shall be clearly indicated. Information
required for adjacent properties may be generalized to show the connections
to physical features. A Site Assessment shall contain the following
information, as applicable:
(1)
A full size map depicting the proposed Master Plan boundary together
with existing lot/parcel lines;
(2)
The 100-year floodplain and floodway 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;
(3)
The Time of Travel Zones, as specified in SDC 3.3.200 and delineated
on the Wellhead Protection Areas Map on file in the Development and
Public Works Department;
(4)
Physical features, including, but not limited to, significant clusters
of trees and shrubs, wetlands as specified in SDC 4.3.117, rock outcroppings
and watercourses shown on the Water Quality Limited Watercourse (WLQW)
Map and their riparian areas on file in the Development and Public
Works Department. In the 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
any WQLW or within 100 feet of the top of bank of any WQLW direct
tributary, a Riparian Area Protection Report is required;
(5)
Soil types and water table information as mapped and specified in
the Soils Survey of Lane County. A Geotechnical report prepared by
a licensed Geotechnical Engineer shall be submitted concurrently if
the Soils Survey indicates the proposed Master Plan site has unstable
soils and/or a high water table; and
(6)
Existing elevations and contours.
(C)
A Grading Plan which includes: existing and proposed elevations and
where 2 or more feet of fill or grading 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 right-of-way
with existing contours at 1-foot intervals and percent of slope. In
areas where the percent of slope is 10 percent or more, contours may
be shown at 5-foot intervals.
(D)
A Stormwater Management Plan diagram which includes the stormwater
management system for the entire proposed Master Plan site and any
impacts on adjacent properties. The plan shall contain the following
components:
(1)
Roof drainage patterns and discharge locations;
(2)
Pervious and impervious area drainage patterns;
(3)
The size and location of stormwater management systems components,
including, but not limited to: drain lines, catch basins, dry wells
and/or detention ponds; stormwater quality measures; and natural drainageways
to be retained and/or modified;
(4)
Existing and proposed elevations, site grades and contours; and
(5)
A stormwater management system plan with supporting calculations
and documentation as specified in SDC 4.3.110 shall be submitted supporting
the proposed system. The plan, calculations and documentation shall
be consistent with the Engineering Design Standards and Procedures
Manual.
(E)
A Wastewater Management Plan with maps and a narrative depicting
the location and size of existing and proposed wastewater facilities
with supporting calculations and documentation consistent with the Engineering Design Standards and Procedures Manual.
(F)
A Utilities Plan with maps and a narrative depicting the location
and size of existing and proposed water, electrical, gas and telephone
service; and the location of existing and required traffic control
devices, fire hydrants, street lights, power poles, transformers,
neighborhood mailbox units and similar public facilities.
(G)
A conceptual Landscape Plan with maps and a narrative illustrating
proposed landscaping for the entire proposed Master Plan site, including,
but not limited to: where existing vegetation is proposed for preservation,
especially riparian and wetland areas and trees; installation of vegetative
buffering; street trees; general landscaping; and a percentage range
for the total amount of required open space, broken down by the type
of open space, public and private, as applicable. A conceptual Landscape
Plan is more appropriate at the Master Plan level. A detailed Landscape
Plan will be required during the Site Plan Review application process
required to implement the Final Master Plan.
(H)
An Architectural Plan with maps, including:
(1)
Building elevations, overall commercial, industrial or public floor
area, the number of dwelling units, building height, number of stories
and the building location or building mass of the primary structures
(as defined in this code);
(2)
Illustrative examples of applicable SDC design standards and building
materials may be considered conceptual. In this case, this requirement,
if changed in the future, will not require Final Master Plan modification
as specified in SDC 5.13.135; and a
(3)
Narrative. A narrative providing sufficient information to describe
the proposed Architectural Plan.
(I)
A Parking Plan and Parking Study. A Parking Plan must be submitted
for all proposed development that includes parking and/or required
bicycle parking. The Parking Plan must contain the following information:
(1)
The location and number of proposed parking spaces;
(2)
On-site vehicular and pedestrian circulation;
(3)
Access to streets, alleys and properties to be served, including
the location and dimensions of existing and proposed driveways and
any existing driveways proposed to be closed;
(4)
The location of and number proposed bicycle parking spaces;
(5)
The amount of gross floor area applicable to the parking for
the proposed use; and
(6)
The location and dimensions of off-street loading areas, if
any.
(J)
An On-Site Lighting Plan depicting the location and maximum height
of all proposed exterior light fixtures, both free standing and attached.
(K)
A Public Right-of-Way/Easement/Public Place Map depicting the reservation,
dedication, or use of the proposed Master Plan site for public purposes,
including, but not limited to: rights-of-way showing the name and
location of all existing and proposed public and private streets within
or on the boundary of the proposed Master Plan site, the right-of-way
and paving dimensions, and the ownership and maintenance status, if
applicable, and the location, width and construction material of all
existing and proposed sidewalks; pedestrian access ways and trails;
proposed easements; existing easements; parks; open spaces, including
plazas; transit facilities; and school sites.
(L)
A Traffic Impact Study, as specified in SDC 4.2.105(A)(4), the scope
of which may be established by the Public Works Director. The Traffic
Impact Study shall contain maps and a narrative depicting projected
transportation impacts, including, but not limited to: the expected
number of vehicle trips that may be generated by the proposed development
(peak and daily); an analysis of the impact of vehicle trips on the
adjacent street system; and proposed mitigation measures to limit
any projected negative impacts. Mitigation measures may include improvements
to the street system itself or specific programs and strategies to
reduce traffic impacts such as encouraging the use of public transit,
carpools, vanpools, and other alternatives to single occupant vehicles.
(M)
A Phasing Plan. The Phasing Plan shall illustrate the proposed location
of buildings, streets, utilities and landscaping. Phasing shall progress
in a sequence that provides street connectivity between the various
phases and accommodates other required public improvements such as
wastewater facilities, stormwater management, electricity and water.
The Phasing Plan shall consist of maps and a narrative with an overall
schedule or description of on-/off-site phasing including, but not
limited to: the type, location and timing of proposed uses, building
locations; proposed public facilities including on-/off-site streets
and traffic signals or other traffic control devices and utilities
with the designation of construction and maintenance responsibility;
estimated start/completion dates with a proposed type of financial
guarantee, including, but not limited to, a bond, letter of credit,
joint deposit or other security in a form acceptable to the City,
submitted by the property owner, a future buyer and/or a developer,
to ensure planned infrastructure improvements will occur with each
phase, if necessary, or when required by the City, affected local
agency or the State (the formal submittal of a required guarantee
typically occurs during the Final Master Plan review process and/or
development implementation); a statement of the applicant’s
intentions with regard to the future selling or leasing (if known
at the time of Preliminary Master Plan submittal) of all or portions
of the proposed development (where a residential subdivision is proposed,
the statement shall also include the applicant’s intentions
whether the applicant or others will construct the homes); and the
relationship of pedestrian and bicycle connectivity and open space
requirements to the proposed phasing.
(N)
Neighborhood Meeting Summary. The applicant shall submit a summary
of issues raised at the neighborhood meeting as specified in SDC 5.13.117.
(O)
A copy of all proposed and any existing covenants, conditions, and
restrictions that may control development, if applicable.
(P)
Annexation. A general schedule of proposed annexation consistent
with the phasing plan, if applicable.
(Q)
The Director may require additional information necessary to evaluate
the proposed development, including, but not limited to:
(1)
An ESEE analysis, as may be needed to comply with Statewide Planning
Goal 5, Natural Resources, for site attributes that may not be on
an adopted City inventory;
(2)
A wetland delineation approved by the Oregon 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 and/or archaeological studies.
(R)
Any concurrent land use applications as specified in SDC 5.13.116(B).
(6238; 6443; 6463; Ord. 6465, 11/20/2023)
A Preliminary Master Plan must be approved, or approved with
conditions, if the Approval Authority finds that the proposal conforms
with all of the applicable approval criteria.
(A)
Plan/Zone Consistency. The existing or proposed land use district
must be consistent with the Springfield Comprehensive Plan Map and/or
applicable text. In addition, the Preliminary Master Plan must be
in compliance with applicable City Refinement Plan, Conceptual Development
Plan or Plan District standards, policies and/or diagram and maps.
(B)
Land Use District Standards. The Preliminary Master Plan must be
in compliance with applicable standards of the specific land use district
and/or overlay district.
(C)
Transportation System Capacity. With the addition of traffic from
the proposed development, there is either sufficient capacity in the
City’s existing transportation system to accommodate the development
proposed in all future phases or there will be adequate capacity by
the time each phase of development is completed. Adopted State and/or
local mobility standards, as applicable, must be used to determine
transportation system capacity. The Preliminary Master Plan must also
comply with any conditions of approval from a Springfield Comprehensive
Plan Map and/or applicable text amendment regarding transportation
and all applicable transportation standards specified in SDC Chapter
4.
(D)
Parking. Parking areas have been designed to: facilitate traffic
safety and avoid congestion; provide bicycle and pedestrian connectivity
within the property and to nearby transit stops and public areas.
The Preliminary Master Plan shall also comply with all applicable
vehicular and bicycle parking standards specified in SDC Chapter 4.
(E)
Ingress-Egress. Ingress-egress points have been designed to: facilitate
traffic safety and avoid congestion; provide bicycle and pedestrian
connectivity within the property and to adjacent residential areas,
transit stops, neighborhood 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 State
regulations. The Preliminary Master Plan shall also comply with all
applicable ingress/egress standards specified in SDC Chapter 4.
(F)
Availability of Public Utilities. Existing public utilities, including,
but not limited to, water, electricity, wastewater facilities, and
stormwater management facilities either have sufficient capacity to
support the proposed development in all future phases adequately,
or there will be adequate capacity available by the time each phase
of development is completed. The Director or appropriate utility provider
shall determine capacity issues. The Preliminary Master Plan shall
also comply with applicable utility standards specified in SDC Chapters
4 and 5.
(G)
Protection of Physical Features. Physical features, including, but
not limited to, slopes 15 percent or greater with unstable soil or
geologic conditions, areas with susceptibility to flooding, significant
clusters of trees and shrubs, watercourses shown on the Water Quality
Limited Watercourses (WQLW) Map and their associated riparian areas,
wetlands, rock outcroppings and open spaces and areas of historic
and/or archaeological significance as may be specified in SDC 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.
(H)
Phasing Plan. The Phasing Plan shall: demonstrate that the construction
of required public facilities shall occur in a logical sequence, either
in conjunction with, or prior to each phase, or that there are appropriate
financial guarantees as specified in SDC 5.13.120(M) to ensure the
phased public facilities construction will occur.
(I)
Adjacent Use Protection. The proposed Preliminary Master Plan contains
design, elements, including, but not limited to, landscaping/screening,
parking/traffic management, and multi-modal transportation that limit
and/or mitigate identified conflicts between the site and adjacent
uses.
(6238; 6463)
The Approval Authority may attach conditions as may be reasonably
necessary to the Preliminary Master Plan in order to ensure compliance
with the approval criteria in SDC 5.13.125, and with all other applicable
provisions of this code. All conditions shall be satisfied prior to
Final Master Plan approval. Certain conditions may require an adequate
financial guarantee in a form acceptable to the City to ensure compliance.
(6238)
(A)
A Final Master Plan application shall be reviewed under Type 1 procedure.
However, if the Preliminary Master Plan approval was reviewed under
Type 3 procedure, the Director may require the Final Master Plan to
be reviewed under Type 2 procedure.
(B)
A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C),
is required prior to the formal submittal of the Final Master Plan
application.
(6238)
(A)
Within 1 year of Preliminary Master Plan Approval, the applicant
shall submit the Final Master Plan. The Final Master Plan shall illustrate
the location of proposed buildings, streets, utilities, parking and
landscape areas. 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 approval, explains how each
condition is met and references the applicable Preliminary Master
Plan maps and diagrams or plan sheets that required revision as a
condition of approval;
(2)
The specific maps, diagrams, plan sheets or other documents referenced
above that have been revised and/or demonstrate conformance with the
Preliminary Master Plan approval; 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 1 additional year. The
applicant shall submit the request for the extension in writing to
the Director no later than 30 days prior to the expiration of the
Preliminary Master Plan effective date as specified in SDC 5.13.133(C).
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 grant or amend the
extension request upon determining that the applicant is making progress
on the Final Master Plan application.
(B)
A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C),
is required prior to the formal submittal of the Final Master Plan
application.
(6238)
(B)
Recordation. The applicant shall record a Memorandum of Final Master
Plan approval in a format approved by the City Attorney, any other
required documents at Lane County Deeds and Records and return a recorded
copy of the Memorandum of Final Master Plan approval and all other
applicable documents to the Development Services Department.
(C)
Effective Date.
(1)
Final Master Plan approval is effective on the date of recordation
of the Memorandum of Final Master Plan Approval, the effective date,
for not more than 7 years, unless modified as specified in SDC 5.13.135.
(2)
The Final Master Plan remains in effect until the permitted development
has been constructed or it is modified, superseded or expires.
(D)
Once the Final Master Plan effective date is established, all persons
and parties, and their successors, heirs or assigns, who have or will
have any 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. Notice of
the Final Master Plan effective date will be mailed to the applicant.
(6238)
(A)
No Subdivision and/or Site Plan Review applications (phasing implementation)
shall be submitted until the Memorandum of Final Master Plan has been
recorded, delineating the effective date, and returned to the City.
(B)
The approved Final Master Plan shall be the basis for the evaluation
of all phases of proposed development, including Subdivision and/or
Site Plan Review applications.
(C)
The approved Final Master Plan and all applicable conditions of approval
shall be addressed for each Subdivision and/or Site Plan Review application
(phasing implementation) as part of application completeness during
the Pre-Submittal Meeting application process, specified in SDC 5.1.120(C).
(6238)
A proposed Final Master Plan modification, or a proposed modification
to a Master Plan approved prior to the effective date of this regulation,
shall be processed under the applicable procedures described below:
(A)
The following modifications to a Final Master Plan shall be processed
under Type 1 procedure. These modifications include a request:
(1)
By the applicant to modify the Master Plan phasing schedule for a
specific phase of development when the proposed change does not affect
the construction of scheduled public improvements;
(2)
By the City based on the requirement to implement newly adopted State
or Federal regulations; or
(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 writing
with the Director at least 60 days prior to the expiration of the
initial 7-year period. If the applicant has made reasonable progress,
as determined by the Director, in the implementation of the Final
Master Plan and public services and public facilities will be available
to serve the site, the time line extension will be granted.
(B)
The following modifications to the Final Master Plan shall be processed
under Type 2 procedure, unless the Director determines that the proposed
modification should be reviewed as a Type 3 procedure, based on the
proposed size of the Master Plan site; and/or the availability/capacity
of public facilities; and/or impacts to adjacent properties including,
but not limited to noise and traffic. These modifications include
a request:
(1)
By the applicant if a proposed permitted non-residential use, for
example, a place of worship or a school, affects the approved Final
Master Plan residential density;
(2)
By the applicant for 10 percent or greater increases or decreases
in the overall gross floor area of commercial, industrial or public
buildings; the number of dwelling units; building height; and the
location or building mass of the primary structure (as defined in
this code);
(3)
By the applicant for increases in the amount of parking by a factor
of 10 percent or greater;
(4)
By the applicant for a Zoning Map amendment or Discretionary Use
application;
(5)
By the applicant for proposals that would increase the number of
PM peak-hour vehicular trips by 10 percent or greater, except in cases
where a trip cap has been imposed on development of the property.
Where such a trip cap is in effect, a modification of the land use
decision that imposed the trip cap shall be required. In all cases,
the applicant shall provide a Traffic Impact Analysis supporting the
proposal;
(6)
By the applicant to alter the placement of interior streets by 10
percent or greater from their approved location, as long as the modification
maintains the connectivity established by the approved Final Master
Plan;
(7)
By the City or the applicant when essential public infrastructure
cannot be provided;
(8)
By the applicant to modify the Master Plan phasing schedule for a
specific phase of development when the proposed change affects the
construction of scheduled public improvements;
(9)
By the applicant for extension of the Final Master Plan time limit
beyond the maximum approved time limit of 7 years or the extension
permitted in subsection (B)(3), above. In no case shall the extension
exceed 15 years from the date of Final Master Plan approval as specified
in SDC 5.13.133(C). An extension request shall be filed in writing
with the Director at least 60 days prior to the expiration of the
initial 7 year period or any subsequently approved extensions. The
time line extension will be granted provided the applicant has made
reasonable progress in the implementation of the Final Master Plan
and public services and facilities remain available;
(10)
By the applicant for a change to the approved Final Master Plan boundary.
(D)
The following modifications to the Final Master Plan do not require
subsequent land use review and are allowed upon issuance of a building
permit, if required:
(1)
Building interior improvements;
(2)
Exterior improvements associated with existing buildings that do
not involve a change in floor area, subject to all applicable base
zone development and design standards and relevant conditions of approval
as approved in the Final Master Plan;
(3)
Installation of new mechanical or electrical equipment, or modification
of existing equipment, subject to all applicable base zone development
and design standards and relevant conditions of approval as approved
in the Final Master Plan; and/or
(4)
Routine maintenance of existing buildings, facilities and landscaping.
(E)
A Pre-Submittal Meeting application, as specified in SDC 5.1.120(C),
is required prior to the formal submittal of the Final Master Plan
modification application.
(F)
(G)
The Master Plan procedures in the Appendix of this code regarding
Master Plan Modifications and/or new Master Plans shall apply to properties
within the Glenwood Riverfront Plan District, SDC 3.4.200, until these
regulations are updated.
(6238; 6443; Ord. 6465, 11/20/2023)
(A)
Assurances to the Applicant.
(1)
The applicant is entitled to rely on standards and criteria in effect
on the date the Preliminary Master Plan application was submitted,
in accordance with ORS 227.178(3)(a) for the 7-year approval time
limit, with a single 3-year extension, or as otherwise previously
approved.
EXCEPTION: Any time line extension proposed for
more than a combined total of 10 years shall comply with on standards
and criteria in effect at the time of the time line extension application
submittal as specified in SDC 5.13.135(B)(9).
(2)
The applicant shall have the right to proceed with development as
long as it is in substantial compliance with the Final Master Plan
and other required approvals and permits, subject to any modifications
as may be approved as specified in SDC 5.13.135.
(B)
City Disclaimers.
(1)
The City will not be required to approve development of any phase
described in the Final Master Plan if the approval violates applicable
Federal or State statutes or administrative rules.
(2)
The City will not be obligated to provide public improvements affecting
implementation of the Final Master Plan if public funds are not available.
(6238)
