Westport City Zoning Code
CHAPTER 17
36A MASTER PLAN DEVELOPMENT
§ 17.36A.010 Short title.
This chapter shall be known as the master plan development chapter and may be cited as such.
(Ord. 1146 § 2, 1998)
§ 17.36A.020 Intent.
The purpose of the master plan process is to protect and improve the public health, safety, and welfare by pursuing the following objectives:
(1)
To permit development of large projects consistent with the city comprehensive plan;
(2)
To provide for large-scale projects that incorporate a full range of land uses, where appropriate and where consistent with the comprehensive plan;
(3)
To encourage innovations and creativity for the safe, efficient and economic use of land;
(4)
To ensure and facilitate the provision of adequate public services such as transportation, water, sewage, storm drainage, electricity and open space;
(5)
To encourage efficient patterns of land use which, where appropriate, decrease trip length of automobile travel, encourage trip consolidation, and increase public access to mass transit, bicycle routes and other alternative modes of transportation;
(6)
To improve the design, quality, and character of new development.
(Ord. 1146 § 2, 1998)
§ 17.36A.030 Applicability.
This chapter shall apply to (1) all lands zoned tourist commercial, and (2) all projects comprising more than 20 acres in size and shall supersede other conflicting codes.
(Ord. 1146 § 2, 1998)
§ 17.36A.040 General steps for review and approval.
The review and approval of a master plan shall consist of two steps:
(1)
Adoption of the master plan for the site;
(2)
Approval of specific development actions as may be appropriate, and as may be phased in the master plan.
(Ord. 1146 § 2, 1998)
§ 17.36A.050 Master plan review and approval.
(1)
Form and Contents of Application for Master Plan Approval. An application for master plan approval shall be submitted to the public works department for reporting to the planning commission and shall include:
(A)
Textual Information.
(i)
Name, address, zip code and telephone number of applicant;
(ii)
The names, addresses, zip codes and telephone numbers of all landowners within the subject property;
(iii)
The names and addresses of all property owners within 300 feet of the site;
(iv)
The legal description and tax parcel number(s) of the subject property;
(v)
The existing zoning and plan designation on the subject property;
(vi)
The acreage contained within the proposed master plan area; the number and type of dwelling units proposed;
(vii)
The location, square footage, and types of nonresidential uses proposed;
(viii)
Applicable school district(s), fire district(s) or departments, and other special purposes districts;
(ix)
Anticipated phasing of development;
(x)
General description of options for source(s) of water supply, method(s) of sewage disposal, solid waste disposal, and methods of storm water control;
(xi)
An explanation of all features not readily identifiable in map form.
(B)
Supporting Maps.
(i)
A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets and major physiographic features such as railroads, lakes, streams, shorelines, schools, parks or other prominent features;
(ii)
Parcel boundaries;
(iii)
Freeways, highways, and streets servicing and abutting the area and parcel;
(iv)
The existing zoning and comprehensive plan designation for all areas of the proposed master plan area;
(v)
Generalized proposed land uses including:
(a)
Potential uses;
(b)
Range of densities and housing types;
(c)
Phasing of development;
(d)
Any proposed zoning or development plan changes;
(vi)
In all shoreline areas, the development shall identify high energy areas and areas prone to flooding or erosion. Structures intended for human use or occupation or dedication to the public shall, where possible, be kept out of high energy areas;
(vii)
Transportation circulation plans, with proposed major routes, points of ingress and egress, parking, and the relation to existing and proposed area transportation facilities;
(viii)
Existing site conditions including shorelines, watercourses, wetland area, floodplains, unique natural features, forest cover, steep slopes, and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant.
(Ord. 1146 § 2, 1998)
§ 17.36A.060 Master plan approval.
(1)
The master plan, including text and maps implementing the project, shall be submitted to the planning commission and city council for review as an amendment to the city zoning map. The master plan may be approved where written findings are adopted on the following issues:
(A)
The project is consistent with the comprehensive plan;
(B)
The city has, or with proper mitigation can provide, adequate public facilities to serve the project. Adequate mitigation means plans in place and a funding plan capable of accomplishment within the time needed to serve the project;
(C)
The public interest is served by the approval of the project;
(D)
The environmental review and documentation is adequate.
(2)
Final Action. Once approved by the city council, the master plan map and text, together with the council ordinance adopting the map and text shall be the zoning and development standards for the site.
(Ord. 1146 § 2, 1998)
§ 17.36A.070 Approval of specific development proposals.
Specific development proposals, when consistent with the provisions of the master plan, may be approved according to binding site plan process or subdivision process as appropriate.
(Ord. 1146 § 2, 1998)
§ 17.36A.080 Implementation of master plan – Periodic review.
(1)
Review Schedule. The planning commission shall review the status of development pursuant to the master plan in accordance with a review schedule adopted as a condition of the master plan. Review shall occur at the request of the applicant or city and not less than once every five years until development of the master plan is substantially complete. The review shall specifically address the adequacy of public facilities, e.g., sewer and water, to serve the balance of the project.
(2)
Modifications. At any such review, the planning commission may consider requested modifications, with the concurrence of the developer, which are consistent with the comprehensive plan, do not conflict with the overall plan, are serviceable by existing or planned public facilities, and serve the public interest. For purposes of this section, the "developer" shall be the proponent of the original master plan, or its successors in interest. Where such entity is no longer in place, the developer shall be the association responsible for all common area maintenance or, if none, the owner of the greatest total assessed value property within the development.
(Ord. 1146 § 2, 1998)
§ 17.36A.090 Administration and enforcement.
(1)
Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the master plan.
(2)
Minor Administrative Alterations. Once a preliminary plat, binding site plan, or other development permit within the master plan area has been reviewed and approved, it shall not be altered unless approved by the public works department upon a determination that the alteration is not substantial enough to constitute an amendment to the master plan (typically less than 10 percent variation from the plan shall be considered minor).
(3)
Parties Bound. Once the master plan is approved, all persons and parties and their successors, heirs, or assigns who own, have, or will have by virtue of purchase, inheritance, assignment, or otherwise, any interest in the real property within the proposed master plan shall be bound by the terms and conditions of approval of the master plan and the provisions of this chapter.
(4)
Land Segregation. The division of property for sale, lease or transfer shall comply with the requirements of the subdivision ordinance or binding site plan ordinance as appropriate.
(5)
Amendments to Master Plan. The planning commission upon request of the developer, as defined above, may make amendments to the master plan or the zoning as long as the changes are consistent with other applicable city plans and policies. Such changes shall be considered pursuant to the procedures for master plan approval as contained in this chapter.
(Ord. 1146 § 2, 1998)
§ 17.36A.100 Fees.
Master plan approval will typically require processing time and resources beyond the capabilities of staff of the city. For this reason, the city will process the application using consultants. Prior to the filing of an application for plan review, the city shall identify the consultants proposed for local, technical, and environmental review and shall identify a budget or rates for such service. The fee to be paid by the developer for processing shall include the city's out-of-pocket costs for such review assistance. A letter agreement on the payment and assurance of such fees shall be in place prior to commencement of processing of the application.
(Ord. 1146 § 2, 1998)
