The development standards of this chapter may be modified through the master plan development process without the need for variance under §§ 151.320 through 151.324. In evaluating this criterion, the Planning Commission shall consider whether the proposal, on balance, exceeds the city's minimum requirements and provides greater public benefit than would otherwise occur under the base Development Code requirements. In evaluating public benefits, the Planning Commission shall apply the following criteria; the city may deny an application for master planned development concept plan approval that does not meet all of the following criteria:
(A) Comprehensive Plan. The modification does not conflict with the Comprehensive Plan. A master planned development shall not exceed the maximum residential density permitted by the underlying zones.
(B) Purpose and intent of Development Code. The modification equally or better meets the purpose and intent of the Development Code section(s) to be modified, as compared to a project that strictly conforms to code standards.
(C) Public benefit. The modification provides a public benefit greater than would result from a project that strictly conforms to code standards, by 1 or more of the following:
(1) Greater variety of housing types, such as a mix of attached and detached housing, or a wider range of lot sizes, than would be allowed under the standard Development Code provisions;
(2) Recreational amenities. Required open space may be reduced from 20% to not less than 15% proportionately (Any reduction in required open space shall be roughly proportional to the estimated value of the offsetting improvements or amenities, as determined by the City Engineer based on a professional appraisal and an applicable construction cost estimate) where the development provides one or more of the following improvements:
(a) Improvements identified in the City of Banks Parks and Recreation Master Plan.
(b) Trail identified in the City of Banks Bicycle and Pedestrian Plan.
(c) Enhanced play environment consisting of a nature play area, universal/all-inclusive play area, or adventure/challenge play area.
(d) Other recreational resource or amenity not listed above but for which the Banks City Council finds is similar.
(3) Greater protection of natural features than would be required of a project that strictly conforms to code standards under the standard Development Code provisions;
(4) Incorporation of natural features into subdivision design, or avoidance of natural hazards [e.g., geological hazards, stream corridor, or flood hazards) necessitating flexible lots sizes, cluster development plan, or other innovative design;
(5) Improved transportation connectivity, such as the provision of pathways and/or other transportation facilities, that would not otherwise be required under minimum code standards;
(6) Sustainable development design meeting the certification criteria of a nationally recognized sustainable development/green building rating system; and/or
(7) Other public benefit, such as the provision of affordable housing.
(B) Engineering design standards. Modifications to the city's engineering design standards require separate variance to such standards approved by the City Engineer. The city may grant such variances concurrently with the master planned development.
(Ord. 2021-08-02, passed 10-12-2021)