HomeMy WebLinkAboutOrdinance 6206 09/17/2007
ORDINANCE NO.
6206
(General)
AN ORDINANCE AMENDING AND REFORMATTING THE SPRINGFIELD DEVELOPMENT CODE,
ADOPTING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, the Springfield Development Code (SDC) was adopted by the Springfield City
Council on May 5, 1986, and amendments thereto were subsequently adopted by Ordinance; and
WHEREAS, in the 21 years since the adoption of the SDC, the City has made numerous minor
amendments to the SDC to implement both State and local planning mandates and local planning
priorities; and
WHEREAS, over time, these SDC amendments have resulted in a document that has become
cumbersome and difficult to understand for both staff and potential developers; and
WHEREAS, in order to address these issues, the City contracted with Eaton Planning Services
to perform an audit of the SDC in early 2005 funded by the Oregon Department of Land Conservation and
Development (DLCD) with a Technical Assistance Grant; and
WHEREAS, the results of the audit were reviewed by the Planning Commission and City Council
in Spring 2005 and staff was authorized to proceed with the SDC Edit and Reformat Project in order to
make the SDC more contemporary and user-friendly; and
WHEREAS, the proposed amended and reformatted SDC is generally based on a layout used for
the "Model Development Code for Small Cities" and converts the current three Chapters and 44 Articles
into 6 Chapters; and
and
WHEREAS, the proposed amended and reformatted SDC does not include any "policy" changes;
WHEREAS, the proposed amended and reformatted SDC does not create new land use
regulations that may give rise to Ballot Measure 37 claims, or claims under proposed Ballot Measure 49;
and
WHEREAS, Article 7 of the current SDC sets forth procedures for the amendment of this
document; and
WHEREAS, on June 5, 2007, the Springfield Planning Commission held a work session and
conducted a public hearing on this SDC reformat and amendment application (Case Number LRP 2007-
00015) voting 5 to 0, with 2 absent to recommend approval of the proposed Ordinance to the City Council
based upon findings in support of adoption of these amendments to the SDC as set forth in the Staff
Report and the Recommendation to the Council incorporated herein by reference; and
WHEREAS, on July 16, 2007, staff prepared and distributed a copy of the proposed amended
and reformatted SDC for Council review and comment.
WHEREAS, on September 17, 2007, the Springfield Common Council held a work session and
conducted a public hearing and is now ready to take action on this application based upon findings in
support of adoption of these amendments to the SDC as set forth in the aforementioned Staff Report to
the Council incorporated herein by reference and the evidence and testimony already in the record as
well as the evidence and testimony presented at this public hearing held in the matter of adopting this
Ordinance amending the SOC.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1: The most-recent version of the Springfield Development Code, including: the Title Page;
Table of Contents; Chapter I Procedures, including Articles 1-15, Chapter II Zoning and Overlay Districts,
including Articles 16-30; Chapter III Development Standards, including Articles 31-44; and the Appendix 1-3
are hereby amended and reformatted as follows: the Title Page is revised; Table of Contents which
complies with the new format; Chapter 1, Introduction, which explains the relationship of the SDC to the
State-wide Planning Goals and the Metro Plan; Chapter 2, General Provisions, which contains the SDC's
purpose and applicability, enforcement regulations and a discussion of application fees; Chapter 3, Land
Use Districts, which discusses the City's Official Zoning Map and lists all Base Zoning Districts, Overlay
Districts and Plan Districts and base development standards; Chapter 4, Development Standards, which
contains both development standards not listed in Chapter 3 and specific development standards for certain
uses; Chapter 5, Land Use Applications, which discusses the development review, the public hearing and
appeals processes, and lists the procedures for land use, limited land use and other required applications;
and Chapter 6, Definitions, which contains definitions for terms used throughout the Code.
Section 2: The amended and reformatted Springfield Development Code, a true copy of which is
attached hereto and incorporated herein by reference, is herby adopted.
Section 3: Severability Clause. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 4: Construction/Interpretation. In amending and re-formatting the Springfield Development
Code it is not the intent of the City of Springfield to create new land use regulations which may give rise to
"Ballot Measure 37" claims or similar claims. In the event that a land use regulation re-formatted as
described herein as a result of the reformatting is capable of two interpretations, one which may give rise to
a claim for compensation pursuant to Ballot Measure 37, or proposed Ballot Measure 49, or other similar
claims, and one which does not, the land use regulation should be interpreted in a way which does not give
rise to the Ballot Measure 37, or proposed Ballot Measure 49 claim.
Section 5: Declaration of Emergency. It is hereby found and declared that matters
pertaining to this amendment of the Springfield Development Code regarding the reformat affect
the public health, safety and welfare of the City of Springfield and that this Ordinance shall,
therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of ----L- for and L against,
this 17tlQ:layof September , 2007.
APPROVED by the Mayor of the City of Springfield, this 17 thclay of
ATTEST:
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City Recor r
REViEWED & APPROVED
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OFFICE OF CITY ATTORNEY