San Antonio Unified Development Code § 35-412 Master Development Plan.
Sec. 35-412. - Master Development Plan.
(a) Applicability.
(1) Mandatory Master Development Plan. A master development plan shall be required in all instances when a tract of land within the city or its extraterritorial jurisdiction ("ETJ") requests subdivision plat approval in which the entire property will be subdivided in two (2) or more plat phases or units.
(2) Optional Master Development Plan. Sites that meet the following requirements may, but are not required to, submit a master development plan:
A. The application proposes more than fifty (50) residential dwelling units.
B. The application generates (upon build-out) more than one hundred one (101) vehicle trips per peak hour.
C. The application contains more than five (5) acres designated for nonresidential use in a mixed-use development.
D. The application contains more than two (2) lots designated for nonresidential use on a five-acre or greater size tract of property.
E. Any application requests rezoning from a residential to a nonresidential district or to a higher density zoning district.
(3) A historical resources/archaeological survey report shall be prepared and submitted to the department of planning and development services, and the historic preservation officer, with the master development plan (MDP) prior to approval of the MDP.
(b) Initiation. The information required by Appendix "B" for a master development plan shall be filed with the department of planning and development services for review by city agencies and departments at least thirty (30) days prior to a request for letters of certification. A master development plan may be submitted concurrent with an application for a rezoning (see section 35-421 of this article). Accordingly, an applicant for a master development plan who elects to incorporate citizen participation may follow the recommended procedures pursuant to section 35-409 and submit documentation of such efforts at the earliest feasible time in the process
(c) Application Completeness Review. Completeness review shall be governed by this section and section 35-402, to the extent not inconsistent with this section. The director of development services shall provide a written response indicating whether or not the master development plan is complete within five (5) working days after submittal. The applicant shall file a written response to any staff comments or resolve outstanding issues prior to final approval for completeness. This response shall occur within thirty (30) days of the notification date of staff comments unless a time extension is requested and granted in writing. The maximum limit on an extension is six (6) months from the original staff comment date. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.
(d) Failure to Approve. Applications for master development plan approval shall expire, and shall be void for all purposes if a master development plan is not approved in accordance with this chapter within two (2) years from the date of acceptance of the complete application. Upon expiration of the master development plan application, a new master development plan number, application, and fee shall be required if master development plan approval is still sought.
(e) Decision.
(1) Type of Decision. Within thirty (30) days after certification that the application is complete, the director of planning and development services shall render his decision approving, denying, or approving the application with conditions. The decision of the director of planning and development services shall be considered a ministerial process (see subsection 35-401(b)(3) of this article).
(2) Appeal. The planning commission is hereby granted jurisdiction to consider an appeal by an applicant and to affirm or to reverse, in whole or in part, the decision of the director of planning and development services based on any error in an order, requirement, decision, or determination made by the director of planning and development services in approving, denying, or attaching a condition to the master development plan.
A notice of appeal shall be submitted within thirty (30) working days following receipt of a written denial by the director of planning and development services. A notice of appeal shall be in writing and shall provide a chronological listing of the dates and meetings held during the course of consideration of the master development plan. In addition the notice must outline in writing the specific justifications supporting the appeal. In considering the appeal the planning commission shall not waive any of the standards or regulations set forth in this chapter.
(f) Approval Criteria. No master development plan shall be approved unless it conforms to all applicable requirements of article V of this chapter and is consistent with the city's comprehensive master plan. The director must approve a master development plan that is required to be prepared under this section and that satisfies all applicable regulations. Each tract must identify, graphically, one land use by location, acreage, and density, which shall be consistent with the official zoning map.
(g) Subsequent Applications. Master development plan (not applicable).
(h) Amendments.
(1) Classification. Amendments to a previously approved plan shall be classified as a minor or major revision. Minor amendments may be administratively accepted and will not be subject to review by city agencies and departments. Within twenty (20) working days after filing of the proposed amendments, required items and information, the director of planning and development services shall provide a written response indicating whether or not the revised master development plan has been accepted as a minor or major amendment.
(2) Applicability. Minor amendments include the following:
A. Changes to the timing or phasing of the proposed development provided the use and overall geographic land area remains the same.
B. Adjustment of unit boundaries within tracts or parcels adjoining the outer boundaries of the master development plan provided the use and overall geographic land area remains the same.
C. A reduction in the number of proposed platted lots provided the use and overall geographic land area remains the same.
D. A decrease in overall residential density.
E. Updating of ownership or consultant information.
F. A decrease in the overall land area, provided the initial design is maintained.
G. Master development plan or subdivision plat name change.
H. Change in internal street circulation pattern not increasing the number of lots or lowering the connectivity ratio.
All other revisions shall be classified as major amendments and shall be processed in the same manner as the initial master development plan submittal.
(i) Scope of Approval.
(1) An approved master development plan shall remain valid in accordance with the following time frame:
A. Initial Validation. A MDP shall expire unless a plat within the MDP boundary is approved and recorded within five (5) years of the acceptance date, or unless there is at least five hundred thousand dollars ($500,000.00) in project expenses if the MDP is one thousand (1,000) acres or less, or at least one million dollars ($1,000,000.00) in project expenses if the MDP is more than one thousand (1,000) acres. Project expenses shall be spent during the first five (5) years from the MDP approval date.
B. Maintaining Validity. An MDP shall expire following initial validation unless at least one plat within the MDP boundary is recorded every five (5) years from the last recorded plat. Project expenses may be used in lieu of recording a plat every five (5) years and may be used every five (5) years from the last validated expenditure; however, the expenses for a recorded validated plat may not be used in subsequent validations. The expenses must be for a tract of land within the MDP boundary that has not been platted and recorded.
Project expenses shall be defined to include "infrastructure expenses" as provided in Appendix A of the UDC. It is noted that this section uses the word "paid" in the past tense.
Project expenses shall also be defined to include the V.T.C.A. Local Government Code definition of progress toward completion as defined in § 245.005(c). It is noted that this section speaks in the past tense when referencing actions that were part of progress toward completion.
This section is applicable to any MDP that is valid as of the effective date of this section. These previously validated MDPs shall expire unless the ongoing platting or project expense requirements of subsection 35-412(i)(1)B. are satisfied, provided that the initial five (5) years shall start as of the effective date of this section. This section does not allow an MDP that expired prior to the adoption of this code to become valid.
(2) Development activities subject to the requirements of this section may be carried out only in substantial conformance with the approved master development plan and any conditions or restrictions attached thereto. No plat shall be considered for approval until the master development plan is accepted for subdivisions of two (2) or more phases. Any deviation from the approved master development plan unless approved in advance and in writing by the director of planning and development services, shall be deemed a violation of this chapter.
(j) Recording Procedures. The master development plan shall be maintained in the permanent files of the director of planning and development services and shall be conformed to in processing any application for rezoning, traffic impact analysis (TIAs), subdivision plats (minor and major), PUD plans and/or utility master plans.
(Ord. No. 98697 § 1) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077, § 2, 12-17-15)