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HomeMy WebLinkAboutOrdinance 6211 12/03/2007 ORDINANCE NO. 6211 (General) I' '/ AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE CHAPTER 3 LAND USE DISTRICTS, SECTIONS 3.2-210; 3.2-215; 3.2-230; AND 3.3-910; CHAPTER 4 DEVELOPMENT STANDARDS, SECTIONS 4.2-140; 4.6-135; 4.6-145; 4.6-155; 4.7-195; AND Table 4.2-3 AND CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, SECTIONS 5.12-120; AND 5.17-120; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the reformatted Springfield Development Code (SDC) was adopted by the Springfield City Council on September 17, 2007, and previous amendments thereto were subsequently adopted by Ordinance; and WHEREAS, the reformatting process was a substantial undertaking that resulted in the reorganization of hundreds of Co.de regulations in what were formerly 45 "Articles" into 6 Chapters; and WHEREAS, while numerous redundancies were eliminated, no policy or policy implementation changes were made to any SDC provisions; and WHEREAS, the volume of the reorganization task resulted in some unintentional omissions; some inaccurate references due to renumbering; and some errors in punctuation known as Scrivener's errors; and WHEREAS, SDC Section 5.6-100 sets forth procedures for the amendment of this document; and WHEREAS, on November 20, 2007, the Springfield Planning Commission held a work session and conducted a public hearing on this SDC amendment application (Case Number lRP 2007-00027) voting 7 to 0 to recommend approval of the proposed Ordinance to the City Council based upon findings in support of adoption of these SDC amendments as set forth in the Staff Report and the Recommendation to the Council incorporated herein by reference; and WHEREAS, on December 3,2007, 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 SDC amendments 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: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-210 Schedule of Use Categories is hereby amended as follows: , "3.2-210 Schedule of Use Categories The following uses are permitted in the districts as indicated, subject to the provisions, additional restrictions and exceptions specified in this Code. Uses not specifically listed may be approved as specified in Section 5.11-100. "P" = PERMITTED USE subject to the standards of this Code. "S" = SPECIAL DEVELOPMENT STANDARDS subject to speciallocational and/or siting standards as specified in Section 4.7-100. "D" = DISCRETIONARY USE subject to review and analysis under Type III procedure (Section 5.9-100) at the Planning Commission or Hearings Official level. "N" = NOT PERMITTED "*" = SITE PLAN REVIEW REQUIRED N N N P N N P N N P P P* P* P* P* 0* S* S* N 0* 0* P P* P* P P P P P* P* S* N N P P N P P N P N N S* N N P P P P P P S* S* S* P P P P* P* P* 0* P* P* S* S* S* ORDINANCE NO. 6211 P* P* 0* 0* 0* 0* S S S* S* P P P N 0* 0* S S S P P P P P P S N N P P P S* S* S* P P P Section Section Section 4.3-145 4.3-145 4.3-145" SECTION 2: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-215 Base Zone Development Standards is hereby amended as follows: I "3.2-215 Base Zone Development Standards Deve/o men Standai[CI{Cofs/ParceTs" Minimum Area: East-West Streets North-South Streets Minimum Street Fronta e: East-West Streets North-South Streets l:;order:::#b,ts!/Jarcels"1 2 Minimum Area: East-West Streets North-South Streets '}FI~nhandlel1.:ofs!Pai:~f#'$ Sin Ie Panhandle: Minimum Area in Pan Portion 4,500 s uare feet 5,000 s uare feet 4,500 s uare feet 5,000 s uare feet 45 feet 60 feet 6,000 s uare feet 45 feet 60 feet 60 feet Sf#f#<Sectiom~J~'~~Q~dditianaTe~dtliid(Jle'::rQt!Pai[Qer'trf#vela 4,500 square feet 4,500 square feet Minimum Street Fronta e Multi Ie Panhandles: Minimum Area in Pan Portion 20 feet 20 feet 4,500 square feet 4,500 square feet 26 feet total, each individual fronta e is based u on the number of anhandles. 4,500 square feet Minimum Street Fronta e 4,500 s uare feet 5,000 s uare feet 45 feet 60 feet 4,500 square feet 20 feet ORDINANCE NO. 6211 6,000 s uare feet 35 feet 10,000 s uare feet 60 feet 10,OOOs uarefeet 60 feet 10,000 s uare feet 60 feet 10,000 s uare feet 90 feet 10,000 s uare feet 90 feet 10,000 s uare feet 90 feet 20,000 s uare feet 150 feet 20,000 s uare feet 150 feet 20,000 s uare feet 150 feet 40,000 s uare feet 40,000 s uare feet 40,000 s uare feet 200 feet MaximumLQ biil/co MinlrrilJ Front Yard Street Side Yard Rear Yard Interior Yard Setbacks Front Yard Setback- Garages and Carports (6) 1 0 feet 1 0 feet 1 0 feet 5 feet 5 feet 18 feet measured along the driveway from: 1. The property .Iine fronting the street to the face of the garage or carport; or 2. The property line fronting the street to the far wall of the garage or carport where the face of the structure is perpendicular to the street. 3. Where a garage or carport faces a panhandle driveway, the 18 feet is measured from the inner travel edge (pavement or gravel) within the panhandle to the face of the structure; the setback is 3 feet when the ara e or car ort fronts an aile . Accessory structures shall not be located between any front or street side yard of a primary structure and shall be set back at least 3 feet from interior side and rear loti arcellines. All setbacks for panhandle lots/parcels are based on the orientation of the front and rear of the dwelling occupying the lot/parcel. All setbacks for duplexes on corner lots/parcels are based upon the front yard of each unit established by the street or streets for address ur oses. Section 3.2-225. 30 feet 1 0 feet 1 0 feet 1 0 feet 5 feet Accessory Structures Panhandle and Duplex Lots/Parcels Base Solar Standards Maximum Building Height 11 12 (13 (1) This standard prohibits the division of the lot/parcel to create separate ownership for each duplex dwelling unit. (2) 10,000 square feet in area in the LOR District as specified in this Section and Section 4.7-140. This standard is required to allow for the future division of the lot/parcel to create separate ownership for each duplex dwelling unit. (3) On lots/parcels with more than 15 percent slope, the maximum impervious surface inclusive of structures, patios, and driveways, shall not exceed 35 percent, unless specified in Section 3.3-500. (4) Determination of all yard setbacks for duplexes on corner lots/parcels are based upon the front yard of each unit as established by the streets used for address purposes. 35 feet 35 feet ORDINANCE NO. 6211 (5) All setbacks shall be landscaped, unless a setback is for a garage or carport. (6) Accessory Structure Exceptions to Setback standards: (a) Stand alone garages and carports shall meet the street side yard, interior side yard and rear yard setback standards of the primary structure. (b) Group C Accessory structures are permitted within setbacks as specified in Section 4.7-105E. (7) Where an easement is larger than the required setback standard, no building or above grade structure, except a fence, may be built upon or over that easement. (8) When additional right-of-way is required, whether by City Engineering standards, the Metro Plan (including the TransPlan), or the City's Conceptual Street Plan, setbacks are based on future right- of-way locations. Right-of-way shall be dedicated prior to the issuance of any building permit that increases parking requirements. (9) Architectural extensions may protrude into any 5-foot or larger setback area by not more than 2 feet. (10) General Exceptions to Setback standards: (a) Attached dwellings (zero lot line) on individual lots/parcels; and (b) A dwelling constructed over the common property line of 2 lots/parcels, where there is a recorded deed restriction. (c) In multi-family developments, the setback standards in Section 3.2-240 shall take precedence. (11) See Section 3.2-225 for residential building height limitations for solar protection. (12) Incidental equipment may exceed the height standards. (13) Height limitations within the Hillside Development Overlay District may be removed provided the additional height does not exceed 45 feet and the base residential solar standards are met." SECTION 3: CHAPTER 3 LAND USE DISTRICTS, Section 3.2-230 Cluster Subdivisions, Subsection D. is hereby amended as follows: I "3.2-230 Cluster Subdivisions D. Permitted Dwellings, Structures and Uses. The following dwellings, structures and uses are permitted in all residential districts: 1. Attached single-family dwellings, row houses, town houses. 2. Detached single-family dwellings. 3. Duplexes. 4. Manufactured dwellings. 5. Multi-Family dwellings (in MDR and HDR zoning districts) 6. Accessory structures and uses permitted in the LDR District. 7. Common public and private open spaces." SECTION 4: CHAPTER 3 LAND USE DISTRICTS, Section 3.3-910 Applicability, Subsection B. is hereb~ amended as follows: I "3.3-910 A _plicability B. On the adopted Historic Landmark Inventory within the City or its urbanizing areas, including the following individually designated Historic Landmarks: ORDINANCE NO. 6211 Pacific Power & Li ht Buildin 590 Main Street Southern Pacific Railroad De ot 101 South A Street Brattain / Hadle House 1260 Main Street Stewart House 214 Pioneer Pkw . West Dou las House 3363 Osa e Street" SECTION 5: CHAPTER 4 DEVELOPMENT STANDARDS, Table 4.2-3 is hereby amended as follows: "Table 4.2-3 Single Family and Du lexes N.A. N.A. N.A. N.A. N.A. Multi-Famil Residential 24 feet 30 feet 1 0 feet 20 feet 60 feet Commercial! Public Land 24 feet 35 feet 1 5 feet 35 feet 60 feet Industrial 24 feet 35 feet 15 feet 35 feet 60 feet (1) Wider driveways may be permitted to accommodate traffic demands and/or to improve traffic safety. (2) Greater curb radii may be permitted where high volumes of large trucks are anticipated. (3) Measured from the face of the curb to the first stall or aisle." SECTION 6: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.2-140 Street Trees is hereby amended as follows: I "4.2-140 Street Trees Street trees are those trees required within the public right-of-way. The primary purpose of street trees is to create a streetscape that benefits from the aesthetic and environmental qualities of an extensive tree canopy along the pUblic street system. Street trees are attractive amenities that improve the appearance of the community, providing shade and visual interest. Street trees also improve air quality, reduce stormwater runoff and moderate the micro-climate impacts of heat absorbed by paved surfaces. Street trees may be located within planter strips, in individual tree wells within a sidewalk, round-abouts, or medians. EXCEPTION: In order to meet street tree requirements where there is no planter strip and street trees cannot be planted within the public right-of-way, trees shall be planted in the required front yard or street side yard setback of private property as specified in the applicable zoning district. A. New street trees. New street trees shall be at least 2 inches in caliper. New street trees shall be selected from the City Street Tree List and installed as specified'in the City's Engineering Design Standards and Procedures Manua/. The Public Works Director shall determine which species are permitted or prohibited street trees. B. Existing street trees. 1. Street tree retention standards. Existing trees may meet the requirement for street trees (Le., trees on the City Street Tree List specified in the City's Engineering Design Standards and Procedures Manual with a minimum caliber of 2 inches) if excavation or filling for proposed development is minimized within the dripline of the tree. Sidewalks of variable width, elevation and direction may be used to save existing trees, subject to approval by the Director and Public Works Director. ORDINANCE NO. 6211 Existing street trees shall be retained as specified in the Engineering Design Standards and Procedures Manual, unless approved for removal as a condition of Development Approval or in conjunction with a street construction project. 2. Street tree removal standards. a. Any existing street trees within the public right-of-way proposed to be removed by the City is exempt from the tree felling regulations specified in Section 5.19-100. b. Any existing street trees on private property proposed to be removed shall require notification of the Public Works Director prior to removal. Removal of 5 or more street trees on private property shall be subject to the tree felling standards specified in 5.19-100. 3. Street tree replacement standards. Where possible, any street tree proposed to be removed shall be replaced with a tree at least 2 inches in caliper. a. It is the responsibility of the City to plant any replacement tree within the public right-of-way. b. It is the responsibility of the property owner to plant any replacement street tree on private property, either as a condition of a Tree Felling Permit or when the property owner removes a street tree on private property without the City's authorization. Any replacement street tree shall meet the standards specified in Subsection A, above. c. Whenever the property owner removes a street tree within the public right- of-way without the City's authorization, that person is responsible for reimbursing the City for the full value of the removed tree, to include replanting and watering during the two year tree establishment period. C. Street tree maintenance responsibility. 1. Maintenance of street trees in the public right-of-way shall be performed by the City. 2. Maintenance of street trees on private property shall be performed by the property owner." SECTION 7: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.6-135 Loading Areas- Facility Design and Improvements, Subsection C. is hereby amended as follows: I "4.6-135 Loading Areas - Facility Design and Improvements C. The minimum sizes required for commercial and industrial loading areas are as follows: 1. 250 square feet for buildings of 5,000 to 20,000 square feet of gross floor area. 2. 500 square feet for buildings of 20,000 to 50,000 square feet of gross floor area. ORDINANCE NO. 6211 3. 750 square feet for buildings in excess of 50,000 square feet of gross floor area." SECTION 8: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.6-145 Bicycle Parking - Facility Design, Subsection B. is hereby amended as follows: I "4.6-145 Bicycle Parking - Facility Design B. Each bicycle parking space shall be at least 2 by 6 feet with an overhead clearance of 7 feet, and with a 5-foot access aisle beside or between each row of bicycle parking, and between parked bicycles and a wall or structure (the dimensions for commonly used bicycle racks are shown in Figure 4.6-B.). Bicycles may be tipped vertically for storage but not hung above the floor. Bicycle parking shall be provided at ground level unless an elevator is easily accessible to an approved bicycle storage area. Each required bicycle parking space shall be accessible without removing another bicycle." SECTION 9: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.6-150 Bicycle Parking- Number of Spaces Required (header) is hereby amended as follows: I "4.6-155 Bicycle Parking - Number of Spaces Required" SECTION 10: CHAPTER 4 DEVELOPMENT STANDARDS, Section 4.7-195 PubliclPrivate Elementary/Middle Schools, Subsection A. is hereby amended as follows: "A. Schools are identified in the Metro Plan as key urban services, which shall be provided in an efficient and logical manner to keep pace with demand. Schools may be located in any zone that permits schools. A unique relationship exists between schools and the community, which requires special consideration when applying screening standards. Maintaining clear sight lines for the security and safety of children is desirable and may be achieved through the use of non-opaque fencing and/or landscaping. The standards in Section 5.17-100 are applied only when required to screen playground structures, spectator seating facilities, parking, storage yards and trash receptacles or where significant conflicts are determined by the Director. 1. All new facilities and additions over 10,000 square feet or those additions exceeding 50 percent of the size of the existing building shall be approved in accordance with a Type III review procedure (a Type II Site Plan application raised to a Type III review as specified in Section 5.1-130). The Site Plan application shall also address the standards specified in Subsections 2. through 11., below. EXCEPTION: Public/Private Elementary/ Middle Schools in the PLO District are reviewed under Type II Review. 2. A maximum of 65 percent of the site may be covered in impervious surface. The remainder of the site shall comply with the planting standards in Section 4.4-100. 3. Schools shall have a landscaped front yard of 20 feet and landscaped side and rear yards of 30 feet. Athletic spectator seating structures adjoining residential uses shall be set back at least 75 feet, unless the Director determines that adequate buffering can be provided with a reduced setback. However, in no instance shall this setback (from spectator facilities) be less than 30 feet. Parking areas shall maintain a landscaped buffer of 15 feet when adjoining a residential use. ORDINANCE NO. 6211 4. Light shall be directed away from adjoin ing less intensive uses. 5. Other uses permitted within school facilities include day care facilities, social service offices or other after school program activities approved by the School District and which otherwise do not require discretionary approval. 6. All plants used for "landscaped buffering" shall be a minimum of 5-gallon in size and shall reach a height of at least 36 inches within one year of planting. 7. Paved playground areas may be used as overflow parking for special events. 8. Parking is limited to two spaces for each teaching station in the school plus one parking space for each 100 square feet of public indoor assembly area. All parking lots and driveways shall be designated to separate bus and passenger vehicle traffic. All parking lots shall have sidewalks raised a minimum of 6 inches above grade where pedestrians have to cross parking lots to enter or leave the school grounds. 9. Any jointly shared recreational facilities, playgrounds or athletic field shall require a joint use agreement that will provide for public use and continued maintenance. 10. Elementary schools shall have a maximum building height of 35 feet, middle schools shall have a maximum building height of 45 feet. 11. A Traffic Impact Study and Parking Study, prepared by a Transportation Engineer, shall be approved by the City Engineer." SECTION 11: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.12-120 Tentative Plan Submittal Requirements, Subsection D. is hereby amended as follows: I "5.12-120 Tentative Plan Submittal Requirements D. A Response to Transportation issues complying with the provisions of this Code. 1. The locations, condition, e.g., fully improved with curb, gutter and sidewalk, AC mat, or gravel, widths and names of all existing streets, alleys, or other rights-of- way within or adjacent to the proposed land division; 2. The locations, widths and names of all proposed streets and other rights-of-way to include the approximate radius of curves and grades. The relationship of all proposed streets to any projected streets as shown on the Metro Plan, including the TransPlan, any approved Conceptual Development Plan and the latest version of the Conceptual Local Street Map; 3. The locations and widths of all existing and proposed sidewalks, pedestrian trails and accessways, including the location, size and type of plantings and street trees in any required planter strip; 4. The location of existing and proposed traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units and similar public facilities, where applicable; 5. The location and dimensions of existing and proposed driveways, where applicable; ORDINANCE NO. 6211 6. The location of existing and proposed street lighting: including the type, height and area of illumination; 7. The location of existing and proposed transit facilities; 8. A copy of a Right-of-Way Approach Permit application where the property has frontage on an Oregon Department of Transportation (ODOT) facility; and 9. A Traffic Impact Study prepared by a Traffic Engineer, where necessary, as specified in Section 4.2-105A.4." SECTION 12: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.12-120 Tentative Plan Submittal Requirements, Subsection F. is hereby amended as follows: I "5.12-120 Tentative Plan Submittal Requirements F. Additional information and/or applications required at the time of Tentative Plan application submittal shall include the following items, where applicable: 1. A brief narrative explaining the purpose of the proposed land division and the existing use of the property. 2. If the applicant is not the property owner, written permission from the property owner is required. 3. A Vicinity Map drawn to scale showing bus stops, streets, driveways, pedestrian connections, fire hydrants and other transportation/fire access issues within 200 feet of the proposed land division and all existing Partitions or Subdivisions immediately adjacent to the proposed land division. 4. How the Tentative Plan addresses the standards of any applicable overlay district. 5. How the Tentative Plan addresses Discretionary Use criteria, where applicable. 6. A Tree Felling Permit as specified in Section 5.19-100. 7. A Geotechnical Report for slopes of 15 percent or greater and as specified in Section 3.3-500, and/or if the required Site Assessment in Section 5.12-120B. indicates the proposed development area has unstable soils and/or high water table as specified in the Soils Survey of Lane County. 8. An Annexation application as specified in Section 5.7-100 where a development is proposed outside of the city limits but within City's urban growth boundary and can be serviced by sanitary sewer. 9. A wetland delineation approved by the Department of State Lands shall be submitted concurrently where there is a wetland on the property. 10. Evidence that any required Federal or State permit has been applied for or approved shall be submitted concurrently. 11. All public improvements proposed to be installed and to include the approximate time of installation and method of financing. ORDINANCE NO. 6211 12. Proposed deed restrictions and a draft of a Homeowner's Association Agreement, where appropriate. 13. Cluster Subdivisions shall also address the design standards specified in Section 3.2-230. 14. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the Director may waive certain submittal requirements specified in Subsections A. through M. However, the Tentative Plan shall address the applicable standards listed under the park Subdivision approval criteria specified in Section 5.12-125." SECTION 13: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.12-120 Tentative Plan Submittal Requirements, Subsections G through 0 are hereby deleted. SECTION 14: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.17-120 Submittal Requirements, Subsection A. is hereby amended as follows: I "5.17-120 Submittal Requirements A. General requirements. A Site Plan shall be drawn in ink on quality paper and shall contain the following information: 1. The scale (appropriate to the area involved and sufficient to show detail of the plan and related data, for example: 1" = 30', 1" = 50' or 1" = 1 00'), north arrow, and date of preparation. 2. The street address and assessor's map and tax lot number. 3. The dimensions (in feet) and size (either square feet or acres) of the development area. 4. Proposed and existing buildings: location, dimensions, size (gross floor area), conceptual floor plan, setbacks from property lines, distance between buildings, and height. 5. The location and height of proposed or existing fences, walls, outdoor equipment and storage, trash receptacles, and signs. 6. Proposed number of employees and future expansion plans. 7. Area and percentage of the site proposed for buildings, structures, driveways, sidewalks, patios and other impervious surfaces. This information is necessary to allow staff to determine the Site Plan Review fee. 8. Observance of solar access requirements as specified in the appropriate zoning district. 9. Exterior elevations of all buildings and structures proposed for the development site. ORDINANCE NO. 6211 10. Area and dimensions of all property to be conveyed, dedicated or reserved for common open spaces, recreational areas and other similar public and semi-public uses." SECTION 15: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.17-120 Submittal Requirements, Subsection C. is hereby amended as follows: I "5.17-120 Submittal Requirements C. An Access, Circulation and Parking Plan complying with the provisions of this Code and containing the following information; 1. The location, dimensions and number of typical, compact and disabled parking spaces; including aisles, landscaped areas, wheel bumpers, directional signs and striping; 2. On-site vehicular and pedestrian circulation; 3. Access to streets, alleys and properties to be served, including the location and dimensions of existing and proposed driveways and driveways proposed to be closed; 4. Exterior lighting as specified in Subsection H. below; 5. The location, type and number of bicycle spaces; 6. The amount of gross floor area applicable to the parking requirement for the proposed use; 7. The location of off-street loading areas; 8. Existing and proposed transit facilities; 9. A copy of a Right-of-Way Approach Permit application, where the property has frontage on an Oregon Department of Transportation (ODOT) facility; and 10. A Traffic Impact Study prepared by a Traffic Engineer as specified in Section 4.2- 105A.4." SECTION 16: CHAPTER 5 THE DEVELOPMENT REVIEW PROCESS AND APPLICATIONS, Section 5.17-120 Submittal Requirements, Subsection I. is hereby amended as follows: I "5.17-120 Submittal Requirements I. Additional information and/or applications required at the time of Site Plan Review applications submittal shall include the following items, where applicable: 1. A brief narrative explaining the purpose of the proposed development and the existing use of the property. 2. If the applicant is not the property owner, written permission from the property owner is required as specified in Subsection 5.4-105B.2. ORDINANCE NO. 6211 3. A Vicinity Map drawn to scale showing bus stops, streets, driveways, pedestrian connections, fire hydrants and other transportationlfire access issues within 200 feet of the proposed development area. 4. How the proposal addresses the standards of the applicable overlay district, where applicable. 5. How the proposal addresses Discretionary Use criteria, where applicable. 6. A Tree Felling Permit as specified in Section 5.19-100. 7. An Annexation application, as specified in Section 5.7-100, where a development is proposed outside of the city limits but within the City's urban service area and can be serviced by sanitary sewer. 8. A wetland delineation approved by the Department of State Lands shall be submitted concurrently, where there is a wetland on the property. 9. Evidence that any required Federal or State permit has been applied for or approved shall be submitted concurrently. 10. A Geotechnical Report prepared by an Engineer shall be submitted concurrently, if the required Site Assessment specified in Section 5.17-120 indicates the proposed development area has unstable soils and/or a high water table as specified in the Soils SUNey of Lane County." SECTION 17: 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 18: Declaration of Emergency. It is hereby found and declared that matters pertaining to this amendment of the Springfield Development Code regarding Scrivener's errors 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 ~ for and ~ against, this 3rd day of December , 2007. APPROVED by the Mayor of the City of Springfield, this 3rd day of December ATTEST: ~d~ City Rec r er REVIEWED & APPROVED AS TO FORM J n $'E(>~'.J L1'tA\.~ DATE: J1..::d:J--Ol- OFFICE OF CITY ATTORNEY ORDINANCE NO. 6211