HomeMy WebLinkAboutOrdinance 6359 10/17/2016 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6359 (GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE SECTION 4.3-145—
WIRELESS TELECOMMUNICATIONS SYSTEMS FACILITIES,TABLE 4.3-1; ADOPTING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Springfield adopted Ordinance No. 5849 on March 17, 1997,
which added standards and definitions to the Springfield Development Code (SDC) to regulate and to
establish a review process for the siting and development of Wireless Telecommunications Systems
(WTS) Facilities; and
WHEREAS, the City Council of the City of Springfield adopted Ordinance No. 6292 on April 15, 2013,
which amended SDC 4.3-145 and 6.1-110 to provide more detailed standards and definitions to the SDC
to regulate and to review the siting and development of WTS Facilities; and
WHEREAS, SDC Section 4.3-145 contains the standards and processes to be applied to the
development of WTS facilities; and
WHEREAS, SDC Section 4.3-145, Table 4.3-1 contains a three-tier table outlining the zoning districts
where stealth, low visibility, moderate visibility, and high visibility WTS facilities are allowed; and
WHEREAS, a request has been received from a citizen to allow moderate visibility WTS facilities in the
Public Land and Open Space (PLO) District by removing the PLO District from the list of zoning districts
where only stealth and low visibility WTS facilities are allowed (the"third tier"of Table 4.3-1) and adding
the PLO District to the list of zoning districts where stealth, low visibility, and moderate visibility WTS
facilities are allowed (the"second tier of Table 4.3-1) along with a caveat that moderate visibility WTS
facilities within the PLO District are allowed only within the limits of the City of Springfield; and
WHEREAS, Section 5.6 -100 of the SDC sets forth procedures for the amendment of the Springfield
Development Code; and
WHEREAS,the Springfield Planning Commission conducted a work session and a public hearing
concerning the proposed text amendment to SDC Section 4.3-145,Table 4.3-1 on September 7, 2016,
and voted unanimously to recommend approval of the amendment to the City Council. The Planning
Commission recommendation to the City Council is based upon findings set forth in the Staff Report and
on the evidence and testimony in the record; and
WHEREAS, the City Council conducted a public hearing concerning the proposed text amendment to
SDC Section 4.3-145, Table 4.3-1 on October 3, 2016; and
WHEREAS, on October 17, 2016, the Springfield City Council conducted a second reading of the
ordinance and is now ready to take action on this application based upon findings in support of adoption
of this SDC text amendment as set forth in the aforementioned Staff Report incorporated herein as
Exhibit A and the evidence and testimony already in the record as well as the evidence and testimony
presented at the public hearing held in the matter of adopting this Ordinance,
NOW,THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. SDC Section 4.3-145, Table 4.3-1 is amended to read:
Page 1 of 2
Table 43-1
Zoning Districts Types Allowed
Special Heavy Industrial High visibility
Heavy Industrial Moderate visibility
Light-Medium Industrial Low visibility
Quarry Mining Operations Stealth
Community Commercial Moderate visibility
Campus Industrial Low visibility
Booth Kelly Mixed Use Stealth
Major Retail Commercial
Mixed Use Employment
Mixed Use Commercial
Medical Service
Public Land and Open Space (1)
Neighborhood Commercial Low visibility
General Office Stealth
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Residential
(1) Moderate visibility WTS facilities in the Public Land and Open Space District are allowed only within
the City limits.
Section 2. Savings Clause. Except as specifically amended herein, SDC 4.3-145 shall continue
in full force and effect.
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 separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 4. Effective Date of Ordinance. Notwithstanding the effective date of ordinances as
provided by Section 2.110 of the Springfield Municipal Code 1997, this ordinance shall become effective
30 days from the date of passage by the City Council and approval by the Mayor, or upon the date of
acknowledgement as provided in ORS 197.625, whichever date is later.
ADOPTED by the Common Council of the City of Springfield this 17 day of October , 2014 by
a vote of 5 for and 1 against. (Pishioneri opposed)
APPROVED by the Mayor of the City of Springfield this 17 day of October , 2016
Mayef
ATTEST: Council President
REVIEWED&APPROVED
�h-�A�- AS TO_.
City Recor r .TE: c
OFFICE s" CITY ATTORNEY
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