Chapter 4.5 –
Master Planned Developments

Sections:

4.5.100    Purpose

4.5.200    Applicability and Uses

4.5.300    Review and Approvals Process

4.5.400    Property Development Standards

4.5.500    Master Plan Submittal Requirements

4.5.600    Comprehensive Sign Plan

4.5.700    Master Plan Approval Criteria

4.5.800    Approval Durations, Extensions and Amendments

4.5.100 Purpose

The purpose of this Section is to encourage creativity, flexibility and open space in the planning of Residential, Commercial, Industrial and Mixed Use Developments.

4.5.200 Applicability and Uses

A.    Applicability. The Master Planned development designation may be combined with any of the City’s land use districts. An applicant may develop a project as a Master Planned Development. A Master Planned development shall be required prior to subdividing, partitioning, or developing any property or combination of contiguous properties under common ownership of ten (10) acres or larger in the Residential District and of five (5) acres or larger in the Residential Multi-Family, Industrial or the Commercial Districts, and for all Major Retail Developments.

B.    Uses.

1.    Master Planned development (MP) in the Residential (R) and Multi-Family Residential (MFR) Districts shall include uses in accordance with the underlying zoning districts. Master Plans are encouraged to have a mix of residential uses.

2.    MP in other Districts shall have a mix of appropriate uses in accordance with the underlying zoning district.

3.    Use(s) not permitted in the underlying zone may be permitted and approved to occupy up to 20% of the gross area of the MP. Such use(s) shall be considered a conditional use subject to compliance with the conditional use permit criteria in Chapter 4.4.

C.    Accessory Uses. Accessory uses such as laundry rooms, recreational vehicle storage areas, storage and maintenance facilities and similar uses may be permitted. All accessory buildings/uses shall be approved per the Master Plan. [Ord. 497 § 2 (Exh. B), 2019].

4.5.300 Review and Approvals Process

A.    Submittal requirements as required by Site Plan Review, Chapter 4.2, may be processed as part of the Master Plan Approval. When the submittal requirements including elevations and floor plans are not included as part of the Master Plan application, then subsequent Site Plan Review applications and approvals shall be required as a condition of approval of the Master Plan. All Site Plan Review applications shall be submitted prior to the expiration of the Master Plan approval.

B.    The Master Planned development and all other concurrent applications shall be reviewed using the Type III procedure in Chapter 4.1, the submittal requirements in Section 4.5.500, and the approval criteria in Section 4.5.700.

C.    As a condition of approval, the applicant shall record a deed restriction on the subject property and all future lots and parcels created, noting inclusion in the approved Master Planned Development.

D.    Land Use District map designation. After the Master Plan has been approved, the Land Use District Map shall be amended to indicate the approved Master Planned Development (MPD) designation for the subject development site.

4.5.400 Property Development Standards

A.    If the continuous horizontal distance (i.e., as measured from end-wall to end-wall) of an individual facade of a multi-family structure is greater than 20 lineal feet, the facade shall contain a minimum of five of the following features:

1.    Upper story setbacks, provided one or more of the upper stories are set back from the face of the building at least six feet.

2.    Dormers

3.    Gables

4.    Recessed entries

5.    Covered porch entries

6.    Cupolas or towers

7.    Pillars or posts

8.    Eaves (min. 12-inch projection)

9.    Window trim (minimum 4-inches wide)

10.    Bay or oriel windows

11.    Balconies

12.    Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation, and similar features)

13.    Decorative cornices and roof lines (e.g., for flat roofs)

14.    An alternative feature providing visual relief, similar to options 1-13.

B.    Development standards, except for density, landscape and open space, may be modified by up to 20 percent of the required standard of the underlying Zone District. Dimensional standards include lot area, lot width, setbacks, lot coverage, lot depth, and access spacing on local streets. These development standards may be modified upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

C.    Except for residential uses, parking space requirements may be modified up to 20 percent of the required standard upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood. All other vehicle and bicycle parking standards shall be per City Standards and shall be provided for in the submitted plan.

D.    Public and private streets and alleys shall comply with the Public Works Construction Standards, latest edition. See also Access and Circulation, Chapter 3.1.

E.    Landscaping. A landscaping plan in accordance to Chapter 3.2 showing all fences, walls, hedges, screen plantings and trees shall be provided for in the submitted plan.

F.    Laundry Facilities. All dwelling units shall be provided with internal laundry facilities or an accessory laundry building shall be provided on site.

G.    Garbage and recycling collection areas. All exterior garbage cans, garbage collection areas, and recycling collection areas shall be oriented away from the street and adjacent properties. Trash enclosures shall be constructed of solid, durable and attractive walls/fences, a minimum of six (6) feet in height, with solid doors, and shall be visually consistent with project architecture. Trash receptacles for pedestrian use are exempt. Trash enclosures shall be compliant with all applicable fire codes.

H.    Open Space. The net acreage of the development site shall be used to calculate the minimum required open space of 15%. Net acres shall be determined by subtracting land dedicated to the public for rights-of-way or private streets and alleys.

Usable open spaces may be provided in the form of natural areas, tree preservation areas, playgrounds, active or passive recreational areas, and similar areas. Portions of the right-of-ways that include tree preservation or parkway strips 10-feet or greater may also be counted as open space. Usable open space area shall not include: drainage swales with slopes steeper than a 3:1 slope, right-of-ways for public or private streets and alleys, parkway strips less than 10-feet, vehicle parking areas, areas adjacent to or between any structures less than ten (10) feet apart, setbacks, patios and private yards.

Open space area calculations and dimensions shall be provided for in the plan submitted. Open space must be readily accessible to all lots and uses within the Master Plan development, and be generally accessible to the public (using a public access easement). Access to private recreational buildings can be restricted to residents within the Master Plan development.

Open space shall be designated as a common area on the Master Plan and on all plats, as applicable. Open space may be dedicated to the public, if approved by a public agency with responsibility for open space, recreation, or park facilities. If the open space is privately owned, it shall be maintained by a homeowners association, property owner, or other legal entity.

I.    Amenities. All residential planned developments shall provide recreational amenities which may include: a swimming pool, spa, clubhouse, tot-lot with play equipment, picnic area, gazebo, barbecue area, day care facilities, and court-game facilities. The minimum number of amenities required shall be according to the following schedule.

1 to 11 units

1 amenity

12 to 40 units

2 amenities

41 to 100 units

3 amenities

More than 100 units

4 amenities

J.    Public Improvements Needed for Development. Development shall not occur unless the public improvements serving the development comply with the Public Works Construction Standards, latest edition,

K.    Conditions of Development Approval. No development may occur unless required public facilities are in place or are guaranteed in conformance with the provisions of this Code and the Public Works Construction Standards, latest edition. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact.

L.    Mixed-use Development Requirement

1.    The Master Plan process may be used to transfer ground-floor commercial and residential uses between parcels in the same development, which may result in stand-alone residential structures or ground-floor residential uses fronting the street, provided that a minimum of 50 percent of the ground floor shall be commercial uses.

2.    Mixed use developments may be mixed “vertically” – meaning that a residential use is developed above the commercial use or may be mixed “horizontally” – meaning commercial and residential uses both occupy ground floor space, provided that a minimum of 50 percent of the ground floor shall be commercial uses.

3.    Mixed use developments may be modified as allowed by Section a and b upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health or safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

4.    Mixed use developments may be modified as allowed by Section a and b upon a finding by the Planning Commission that such modification will create an attractive mixed-use environment through the use and inter-relationship of open spaces, building locations, building scale, and design, and pedestrian amenities

M.    Gated communities may be permitted upon a finding by the Planning Commission that such modification will not be detrimental to the general welfare, health and safety of the City of Sisters and will enhance the visual characteristics of the neighborhood.

N.    Front lot lines do not need to abut a street. [Ord. 486 § 2 (Exh. B), 2018].

4.5.500 Master Plan Submittal Requirements

A.    Submittal requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by Chapter 4.1. In addition, the applicant shall submit the following:

1.    A detailed project description by the applicant; This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

2.    Burden of Proof documenting compliance with all applicable approval criteria;

3.    Complete application form with fee;

4.    Electronic copies of all materials submitted (acceptable file types to be determined by the Community Development Director or designee); and,

5.    Preliminary title report or equivalent printed within 90 days of the date of the application submittal.

6.    Existing Conditions Site Plan

7.    Topographic Map at appropriate contour intervals to be determined by the Community Development Director

8.    Access and Circulation Map

9.    Site Plan – proposed

10.    Landscape/Open Space Plan

11.    Utility Plan

12.    Conceptual Drainage Plan (to include benchmarks and elevations at staffs discretion)

13.    Elevations and floor plans of all proposed buildings, unless reviewed during subsequent Site Plan Review applications.

14.    Sign Plan if applicable

15.    Tentative Plat if applicable

16.    Development Schedule

17.    Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).

18.    Special studies prepared by qualified professionals may be required by the Community Development Director, Planning Commission or City Council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.

4.5.600 Comprehensive Sign Plan

A.    Comprehensive Sign Plan is intended to integrate the signs proposed for a development project with the design of the structures, into a unified architectural statement. A Comprehensive Sign Plan provides a means for defining common sign regulations for multi-tenant projects, to encourage maximum incentives in the design and display of multiple signs and to achieve, not circumvent the intent of this Ordinance.

1.    Applicability. A Comprehensive Sign plan shall be required for all Master Plans. Signs shall comply with the provisions of this ordinance and Chapter 3.4 Signs.

2.    Approval Authority. The City shall approve a Comprehensive Sign Plan as part of the Master Plan approval.

3.    Application Requirements. The Comprehensive Sign plan shall include all information and materials required as follows:

a.    Location: identification of sign locations on the buildings and on the property.

b.    Materials: description of the type of sign and sign materials including construction materials and proposed lighting if any.

c.    Size: itemization of sign size or sign band area at identified locations.

d.    The Comprehensive Sign plan shall accommodate future revisions that may be required because of changes in use or tenants; and

e.    Signs located in the Commercial Districts shall comply with the 1880’s Western Design Theme.

4.    Revisions to Comprehensive Sign Plans. The Community Development Department may approve revisions to a Comprehensive Sign plan if the intent of the original approval is not affected.

4.5.700 Master Plan Approval Criteria

The City shall make findings that all of the following criteria are satisfied when approving, or approving with conditions, the Master Planned development. The City shall make findings that at least one of the criteria is not satisfied when denying an application:

A.    Comprehensive Plan. All relevant provisions of the Comprehensive Plan are met;

B.    Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 4.3);

C.    Chapter 2 Land Use and Chapter 3 Design Standards. Land use and design standards contained in Chapter 2 and 3 are met, except as modified by Section 4.5.400.

D.    Property Development Standards. Land use and design standards contained in Section 4.5.400 are met.

E.    Architectural Features. The Master Plan includes architectural features that complement and enhance positive characteristics of the site and surrounding area. Setbacks from streets shall be staggered or buildings otherwise provided with architectural features that assure variety and interest along the street. Master Plans in the Commercial Districts shall comply with the 1880’s Western Frontier Design Theme;

F.    Compliance with Purpose of Master Planned Development Chapter. The Master Plan substantially meets the purpose of Section 4.5.100; and

G.    Comprehensive Sign Plan. The Master Plan is in compliance with Section 4.5.600, Comprehensive Sign Plan.

H.    Conformance with applicable public works, building and fire code standards.

4.5.800 Approval Durations, Extensions and Amendments

A.    Master Plan Approval Duration. The Master Plan approved by the Planning Commission shall expire three (3) years from the date on which the decision is final, if the approval has not been initiated. The Community Development Director shall determine whether the approval has been initiated based on whether significant infrastructure improvements have been completed as of the date the approval expires. Such a determination will be made through either a Type II decision or a Type III decision before the Planning Commission at the discretion of the Community Development Director. Significant infrastructure includes but is not limited to site grading, streets, water, sewer, power and communications services construction sufficient in terms of time, labor, and/or money to demonstrate a good faith effort to complete the development or as otherwise specified as a condition of approval.

B.    Extension. The City may, upon written request by the applicant and payment of the required fee, grant up to two (2) one-year extensions of the approval period. The first extension may be approved administratively. The second extension, if needed, shall be considered and may be granted by the original decision body at their discretion. Extensions may be considered if:

1.    No changes have been made on the original Master Plan as approved;

2.    There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and

3.    The extension is requested before expiration of the original approval.

C.    Additional Approval Time Extension. Notwithstanding Sections A and B, above, all City Master Plan approvals, including approvals for which the City has granted an extension of time, that were due to expire on or after December 31, 2014, are hereby automatically and exceptionally extended to June 30, 2015. Master Plan approvals that were approved after January 1, 2015 shall comply with Sections A, and B, above. Approvals that have been automatically extended by this regulation may apply for an additional extension of time in accordance with Section B, above.

D.    Modifications to Master Plan.

1.    The following minor modification examples may be approved administratively by the Community Development Director;

a.    An increase to the amount of open space or landscaping;

b.    Changes to dimensional standards identified in Section 4.5.400.B as long as the minimum requirements are satisfied. Changes to dimensional standards approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

c.    The location of buildings, proposed streets, parking and landscaping or other site improvements shall be as proposed, or as modified through conditions of approval. Changes in the location or alignment of these features by 25 feet or less or other changes of similar magnitude may be approved administratively. Changes to locations approved as part of a land division shall be reviewed using Chapter 4.3 Land Divisions and Lot Line Adjustments.

2.    Other modifications are major modifications. See Chapter 4.1.

3.    The Community Development Director or the applicant shall have the right to refer a proposed amendment directly to the Planning Commission for their determination of whether or not the amendment creates a substantial adverse impact to the approved Master Plan.

4.    Through the Type III decision process, the Planning Commission is authorized to reset the expiration date of the Master Plan approval as part of approving a major modification to an existing master plan. The applicant must submit justification and supporting evidence to the Planning Commission that the additional time is warranted by the proposed modification. [Ord. 533 § 3 (Exh. P), 2023; Ord. 478 § 1 (Exh. A), 2017].